Galveston County judge addresses DA’s comments during sentencing hearing

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Judge Patricia Grady (left), District Attorney Kenneth Cusick (right)

A Galveston County district court judge publicly criticized the county’s district attorney during a sentencing hearing Friday, following a dispute over a fentanyl-related murder case.

Patricia Grady, judge of the 212th District Court, addressed remarks to DA Kenneth Cusick during the formal sentencing of Kamron Zaheri, 35. Zaheri previously pleaded guilty to murder in connection with the 2023 death of Wade Potter.

Grady’s comments followed a press conference held by Cusick a day earlier, in which he criticized the court’s decision to impose a 10-year deferred adjudication sentence in the case.

According to i45NOW during the hearing, Grady said the district attorney had attempted to influence the court’s decision prior to sentencing and stated that arguments for a harsher penalty should have been made in court proceedings rather than publicly. She also noted that prosecutors had the option to present the case to a jury but did not do so.

Zaheri’s case is among those prosecuted under a 2023 Texas law allowing murder charges against individuals accused of providing fentanyl that results in a death. Court records show Zaheri pleaded guilty to selling fentanyl to Potter shortly before his death.

According to statements made in court, Grady said the case included mitigating factors and that prosecutors did not formally request a harsher sentence. Transcripts obtained through an open records request indicate the lead prosecutor did not argue for a longer prison term during proceedings.

Grady also referenced discrepancies between statements made at the press conference and evidence presented in court. Court records and testimony indicate Potter requested fentanyl, and that multiple narcotics were found in his system at the time of death. Defense attorney Nicholas Poehl stated an autopsy showed several substances that could have contributed to the overdose.

Law enforcement attendance differed between the two events. Several officials, including Sheriff Jimmy Fullen and Constable Justin West, were present in court. The case itself was investigated by the Texas City Police Department.

Following the hearing, Cusick said his earlier remarks about “bringing pressure to bear” were directed at drug dealers, not the court. He said the purpose of the press conference was to issue a warning about fentanyl-related offenses.

Grady proceeded with sentencing, ordering 10 years of deferred adjudication for Zaheri, along with 180 days in jail. Under the terms of the sentence, a violation could result in a prison term of up to life.

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