Copper thieves are stealing copper wires with insulation and burning them out in the county.

The case is being presented as a violation of the clean air act by the Sheriff.

I've never prosecuted this kind of case.

Anyone have a go-by for what the information should read like? More importantly, a jury charge?

It looks like a Class A misdemeanor with a fine going from $1,000 to $50,000 and jail time up to 180 days... But then again, maybe it's not?

Well, I found my answer:

On or about the [day] day of [month], 2010, in [county name] County, Texas, [defendant] did then and there unlawfully, intentionally or knowing cause, allow, or permit outdoor burning, to wit: [defendant] burned domestic and non-domestic waste including metal wire and insulation when collection of domestic waste is provided or authorized by the local governmental entity having jurisdiction, within the State of Texas in violation of an order, permit, or exemption issued or a rule adopted under Chapter 382, Health and Safety Code, to wit: Title 30, Texas Administrative Code Rule Section 111.201, and the outdoor burning was not authorized by the Executive Director of the Texas Commission on Environmental Quality, nor was the outdoor burning authorized by an exception contained in Title 30, Texas Administrative Code Rule Sections 111.205, 111.207, 111.209, 111.211, 111.213,

... wouldn't theft of the copper wire be a state jail felony under PC 31.03(e)(4)(F)(iii)? Why not go forward on that instead of a misdemeanor?

Since defendant could probably be prosecuted for BOTH, that may explain why there is no current prosecution for the SJF. Maybe defendant will be more likely to enter a plea to a max or nearly max sentence in the Class A if he knows that the State could prosecute the SJF.

Abdul works in the same shop as I do. We don't have felony jurisdiction. I can't speak to whether it was presented as a felony before it came to our attention.

We know they're stealing copper, but we can't prove the elements of theft beyond a reasonable doubt. That's why it's being prosecuted as a Clean Air Act violation.