Texting bailiff banned from court

FORT WORTH, Texas, Sept. 3 (UPI) -- Witnesses said a Texas bailiff banned from a judge's courtroom for not responding to a perceived threat was distracted by text messaging.

Bailiff Jack Deviney, who was assigned Wednesday to Criminal District Court No. 3 in Fort Worth, was banned from Judge Elizabeth Berry's courtroom after he failed to react when defendant Mitchel Wayne Stewart moved like he was attempting to stand during the prosecutor's closing statement, the Fort Worth Star-Telegram reported Friday.

Stewart, who was in shackles, admitted in court to breaking into the home of an elderly woman, choking her and forcing her to watch him masturbate.

Witnesses said Deviney did not notice Stewart attempting to stand because his eyes were focused on composing a text message. The defendant settled back into his seat when his lawyer placed a hand on his leg.

John Ray, operation chief for the Tarrant County Sheriff's Department, said a complaint against Deviney filed by the judge is being investigated.