Round Rock murder: State lawmakers to investigate criminal history of stabbing suspect

ROUND ROCK, Texas - A deadly stabbing in Round Rock is now drawing the attention of Texas lawmakers.

They are calling for an investigation into how the alleged killer was freed in the first place.

Round Rock deadly stabbing

The backstory:

It all has to do with the death of 62-year-old Andrew Wimsatt, who was stabbed and killed in a random attack on Labor Day. That morning, Wimsatt was sitting on a park bench near Double File Trail Elementary when he was approached from behind by 26-year-old Benedict Ogbodiegwu. 

Video footage allegedly shows Ogbodiegwu with a knife in his hand before he begins stabbing Wimsatt multiple times in the neck. Wimsatt is seen on video attempting to push the man off, but is unable to. He was stabbed several more times and left on the ground when the suspect wiped the blade on his shirt and ran from the scene. 

Ogbodiegwu was arrested later that night. According to the arrest affidavit, at his home officers found an outdoor garbage can containing the black shirt, grey sweatpants and black shoes the man in the video was wearing and a 5.5 inch knife with a wooden handle. The sweatpants had red stains on them and the blade tested presumptive positive for blood. 

Ogbodiegwu has since been charged with murder and is being held on a $1 million bond.

Dig deeper:

But now outrage is shifting towards Ogbodiegwu’s criminal history. 

Williamson County court records show that he was arrested twice earlier this year. One of the charges was for misdemeanor theft of property, while the other was for failing to identify/giving false info. Both of those cases were dismissed and Ogbodiegwu was most recently released on June 9.

Ogbodiegwu also had a previous felony arrest in 2017 for theft from a person, which meant the case’s prosecution would have been handled by the Williamson County District Attorney’s Office. Court Records show that in March 2018 the case was dismissed, with the reason stated as "defendant convicted in another case."

Texas lawmakers are now speaking out

What they're saying:

Ogbodiegwu’s criminal history has now caught the attention of the Speaker of the Texas House, Dustin Burrows, who criticized local prosecutors. 

In a recent Facebook post he said, "The life of Andrew James Wimsatt was senselessly taken far too soon. The stories of his friends paint a picture of a dutiful and loving son, an upstanding Texan, and an all-around fun and kind soul. Texans deserve answers about why his murderer was left on our streets after multiple arrests. Families should not live in fear of another savage, random attack because local officials refuse to enforce the law and protect the public."

He goes on to say the Texas House’s Governmental Oversight Select Committee will investigate "prosecutorial integrity" and expose officials who put ideology ahead of public safety. 

The committee will meet on Wednesday, Sept. 30 with Burrow’s "full support of searching until the truth comes out."

Burrows isn’t alone in his frustration over the death of Andrew Wimsatt.

"I think this gentleman was the victim twice, not only of the horrendous crime, but also by the system that failed him," says Robert Leonard, the Executive Director for the Combined Law Enforcement Associations of Texas. "I think that this was preventable."

Leonard voiced much of his frustration towards the District Attorney’s Office, saying that things could have been much different if Ogbodiegwu was fully prosecuted.

"When you turn a blind eye to the small stuff, it eventually leads to the big stuff. We have an epidemic around the state and across the nation of weak on crime, soft on crime, district attorneys who are basically culpable," said Leonard. "I think if the district attorney had done his job, this individual should not have been out on the streets."

Williamson County officials respond

What they're saying:

FOX 7 reached out to the Williamson County Attorney’s Office for comment on why Ogbodiegwu’s misdemeanor cases were dismissed. 

In a statement, Dee Hobbs said, "The Williamson County Attorney’s Office takes the protection of our citizens very seriously. When tragedy strikes our community, we review any contacts our office may have had with an individual alleged to have committed a heinous act. The Williamson County Attorney’s Office did all that it could do under the law to protect our citizens. A thorough review of this individual’s contact with our office was conducted, and it revealed that all available referrals were made, and all allowable efforts were undertaken by this office to protect our community. The County Attorney’s Office is limited within our legal system as it pertains to certain cases and there are also contributing factors to a crime that prosecutors cannot fix or seek redress. I am confident this office did everything it could do under the law. I am equally devastated by what has occurred and can only pray there are no more instances like this. We need the state to give us the needed tools to better protect our citizens."

We have reached out to the Williamson County District Attorney’s Office of Shawn Dick for comment on Ogbodiegwu’s 2017 felony arrest, but have yet to hear back.

Crime and Public SafetyRound Rock