Susan Jo Masar


Paper: Houston Chronicle
Date: Thursday 10/04/01
Section: A
Edition: 3

SUSAN J. MASAR , born January 6, 1957, passed away on Monday, October 1, 2001. 44 years ago a beautiful daughter was sent to me. She was a graduate of Green Gates Academy and American School of Mexico City, Mexico. She was a language Specialist, a painter, a Singer, Entertainer, and humanitarian and fundraiser for many charities. Susan is survived by her mother Countess Susan David D’Boe, Close friends Lois, Mary, Deanna, Don, Pam and thousand of other friends. Susan is with God in his loving hands. Visitation will be held on Friday, October 5, 2001 from 6:00 to 8:00 PM at Heights Funeral Home. Funeral services will be held on Saturday, October 6, 2001 at 1:00 PM at Heights Funeral Home. In lieu of flowers, contributions can be made to Montrose Clinic Women’s Program, Bering-Omega or to a charity of your choice.

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Montgomery woman killed in collision on Texas 105
Rachelann Ferris Published 7:00 pm, Monday, October 1, 2001

According to Department of Public Safety Trooper Ethan Upshaw, Susan Jo Masar was westbound on Texas 105 in the left-most of three westbound lanes when a 1997 Buick LeSabre driven by 59-year-old Roger McCormand pulled out of the parking lot of Jack in the Box near McCaleb Road.
After McCormand pulled out of the parking lot on the north side of the street, Upshaw said he crossed all three of the westbound lanes, attempting to make a left turn, heading east on Texas 105.
Before reaching the center lane, however, McCormand was struck nearly head-on by the westbound Sentra.
Officers called for firefighters with the Lake Conroe Volunteer Fire Department, who used the Jaws of Life apparatus to cut both McCormand and Masar the two cars.

McCormand was taken to Memorial-Hermann Hospital in Houston by LifeFlight helicopter and was listed in good condition. The woman was declared dead on the scene by Precinct 1 Justice of the Peace John Kleimann.

Woman dies after driver fails to yield; 1 injured

WED 10/03/2001 Houston Chronicle, Section A, Page 20, 3 STAR Edition

CONROE – A Houston woman died after her car struck a car turning left onto Texas 105 at McCaleb in Montgomery County. She was Susan Masar, 44, of the 1600 block of Fountainview.
The other driver, Roger McCormack, 61, of The Woodlands, was in fair condition Tuesday at Memorial Hermann Hospital in Houston. He was wearing a seat belt and Masar was not, state troopers said.

Masar was westbound on Texas 105 at 1:50 p.m. Monday when her car struck McCormack’s when he failed to yield while turning out of a private driveway, officers said. The accident remained under investigation.

Office of the Attorney General – State of Texas
John Cornyn
image November 28, 2001Ms. Pamela Smith
Assistant General Counsel
Texas Department of Public Safety
Post Office Box 4087
Austin, Texas 78773-0001


Re: Request for info re 10/01/01 motor vehicle accident involving Roger McCormack and Susan Masar

Dear Ms. Smith:

You have asked whether certain information is subject to required public disclosure under the Public Information Act, chapter 552 of the Government Code. Your request was assigned ID# 157575.

You assert that the requested information is excepted from disclosure based on section 552.108 of the Government Code. Section 552.108 of the Government Code states that information held by a law enforcement agency or prosecutor that deals with the detection, investigation, or prosecution of crime is excepted from required public disclosure “if release of the information would interfere with the detection, investigation, or prosecution of crime.” Gov’t Code § 552.108(a)(1). You inform us that the requested information pertains to a pending case. We therefore believe that the release of the information “would interfere with the detection, investigation, or prosecution of crime.” Id.

However, section 552.108 is inapplicable to basic information about an arrested person, an arrest, or a crime. Gov’t Code § 552.108(c). We believe such basic information refers to the information held to be public in Houston Chronicle Publ’g Co. v. City of Houston, 531 S.W.2d 177 (Tex. Civ. App.–Houston [14th Dist.] 1975), writ ref’d n.r.e. per curiam, 536 S.W.2d 559 (Tex. 1976). Thus, with the exception of the basic front page offense and arrest information, you may withhold the requested information from disclosure based on section 552.108(a)(1). We note that you have the discretion to release all or part of the remaining information that is not otherwise confidential by law. Gov’t Code § 552.007.

This letter ruling is limited to the particular records at issue in this request and limited to the facts as presented to us; therefore, this ruling must not be relied upon as a previous determination regarding any other records or any other circumstances.

This ruling triggers important deadlines regarding the rights and responsibilities of the governmental body and of the requestor. For example, governmental bodies are prohibited from asking the attorney general to reconsider this ruling. Gov’t Code § 552.301(f). If the governmental body wants to challenge this ruling, the governmental body must appeal by filing suit in Travis County within 30 calendar days. Id. § 552.324(b). In order to get the full benefit of such an appeal, the governmental body must file suit within 10 calendar days. Id. § 552.353(b)(3), (c). If the governmental body does not appeal this ruling and the governmental body does not comply with it, then both the requestor and the attorney general have the right to file suit against the governmental body to enforce this ruling. Id. § 552.321(a).

If this ruling requires the governmental body to release all or part of the requested information, the governmental body is responsible for taking the next step. Based on the statute, the attorney general expects that, within 10 calendar days of this ruling, the governmental body will do one of the following three things: 1) release the public records; 2) notify the requestor of the exact day, time, and place that copies of the records will be provided or that the records can be inspected; or 3) notify the requestor of the governmental body’s intent to challenge this letter ruling in court. If the governmental body fails to do one of these three things within 10 calendar days of this ruling, then the requestor should report that failure to the attorney general’s Open Government Hotline, toll free, at 877/673-6839. The requestor may also file a complaint with the district or county attorney. Id. § 552.3215(e).

If this ruling requires or permits the governmental body to withhold all or some of the requested information, the requestor can appeal that decision by suing the governmental body. Id. § 552.321(a); Texas Dep’t of Public Safety v. Gilbreath, 842 S.W.2d 408, 411 (Tex. App.-Austin 1992, no writ).

Please remember that under the Act the release of information triggers certain procedures for costs and charges to the requestor. If records are released in compliance with this ruling, be sure that all charges for the information are at or below the legal amounts. Questions or complaints about over-charging must be directed to Hadassah Schloss at the General Services Commission at 512/475-2497.

If the governmental body, the requestor, or any other person has questions or comments about this ruling, they may contact our office. Although there is no statutory deadline for contacting us, the attorney general prefers to receive any comments within 10 calendar days of the date of this ruling.


Karen A. Eckerle
Assistant Attorney General
Open Records Division


Ref: ID# 157575

Encl. Submitted documents

cc: Mr. John W. Murray, Jr., CFE, CLI
3942 Rochelle
Dallas, Texas 75220
(w/o enclosures)