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Terry McDonald offered Michael Lewis Ratcliff a felony plea bargain because he said the agreement is vindication for all.

But critics of McDonald say he should have prosecuted Ratcliff publicly and in front of a jury.

If the visiting San Antonio judge accepts the plea, this high-profile case could end quietly.

The judge’s ruling is expected on Aug. 15.

What many didn’t expect was for McDonald, the San Antonio special prosecutor, to offer a plea for a charge that did not appear in the original indictments.

In October, a grand jury indicted Ratcliff, a former sheriff, on five counts – including aggravated sexual assault of a teenage boy and of criminal solicitation of a minor.

But McDonald offered Ratcliff an aggravated perjury plea on Thursday, and Ratcliff accepted it.

As part of the plea, Ratcliff admitted he lied under oath in October to grand jurors.

Ratcliff lied when he said he did not have sex with the accuser and that he did not make sexual advances toward him, according to the plea agreement.

McDonald said this forced felony admission equals justice.

“In a trial, it would have been a swearing match between (the accuser) and Ratcliff,” McDonald said after the hearing. “Ratcliff confessed to a felony.”

McDonald also said he offered the plea because the primary charge – aggravated sexual assault – is suspected of occurring in 1997. There is no physical evidence to support that charge, he said.

And because Ratcliff is a former sheriff who is in poor health, a jury would not likely convict, he suggested.

“He’s basically destitute,” McDonald said. “His car was repossessed.”

If visiting San Antonio District Judge Mark Luitjen accepts the plea agreement, Ratcliff would receive 10 years of deferred adjudication, a form of probation.

Ratcliff would also be restricted from visiting online chat rooms and pornographic Web sites. He is accused of luring his accuser to his home by posing online as a woman.

Some say this plea agreement doesn’t fit the alleged crimes.

David Fisher is an Austin-based legal consultant and researcher who follows courtroom cases statewide.

“The plea? It seems curious,” Fisher said. “You offer a plea of aggravated perjury in lieu of forcing him to admit he had sex with a minor? It doesn’t make sense that a prosecutor would offer this. Incredible.”

Fisher researched McDonald and found what he believes to be a suspect history. McDonald, a former San Antonio judge, is soft on crimes, Fisher suggests.

Fisher pointed to the National Catholic Reporter, a weekly religious and social justice publication.

In 1993, the publication noted criticism McDonald received for granting deferred adjudication to a man who accused of involvement in a gang-related murder.

A 1998 Wall Street Journal report called McDonald one of the country’s worst judges.

“He has a history of seeking the easy way out,” Fisher said. “This guy has a real disconnect with what a judge and a prosecutor’s responsibility is. It’s not to make things go away. It’s to do justice.”

After the hearing Thursday, Ratcliff’s accuser said McDonald told him that Victoria needed a break and that the plea was in the city’s best interest, Advocate reporter Bj Lewis reports.

If the accuser’s statement is true, Fisher said the plea is far from justice.

“He has an odd sense of what justice is – his own brand of justice,” Fisher said.

McDonald defended his criticisms.

“I don’t base my decisions on public opinion. I don’t think that’s the proper thing to do,” McDonald said. “As a judge, I took cases as they came.”

And to those who say he’s soft on punishments?

“The hardest part of being a judge was sentencing someone to prison,” McDonald said. “I’d rather have saved a life.”

As a judge, and now a prosecutor, McDonald has faced numerous rumors.

“You probably also heard the rumor that I hate homosexuals,” he said. “Well, this defendant is a homosexual, and he’s not going to prison.”

Jim Kopp, chief of the criminal division inside the Bexar County District Attorney’s Office, said McDonald is a competent, ethical attorney.

“It’s not uncommon for people to take issue with judges,” Kopp said. “They’re either too tough or too lenient.”

Victoria County District Attorney Steve Tyler presented evidence to the grand jury that indicted Ratcliff.

Earlier this year, Tyler recused himself from prosecuting Ratcliff, his former chief of staff.

But Tyler knows the details of the case.

“I can’t stress enough that I’m not involved in this,” Tyler said. “As I remember, the Advocate’s editorial board and others were anxious that I don’t prosecute the case.”

Tyler would not second guess McDonald and others. He did, however, answer an important question: Is there enough evidence to convict Ratcliff?

“I think there’s always enough – when I indict – to get a conviction,” Tyler said.

Gabe Semenza is the Public Service Editor for the Advocate. Contact him at 361-580-6519 or gsemenza@vicad.com.

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