Harris County prosecutors sought removal after Michael Driver was charged in the fatal shooting of his friend and former client.
HOUSTON, Texas — The murder case against a Houston defense lawyer is expected to be handled outside the Harris County District Attorney’s Office because the defendant’s brother holds a senior position within the agency that would ordinarily prosecute him.
The requested disqualification adds an unusual procedural layer to the case against Michael Stuart Driver, 46, who is accused of fatally shooting his roommate, friend and former client Jesse Reyes, 48. Driver has acknowledged firing the shot but says he acted in self-defense during a fight at their Vassar Street residence. The district attorney’s office said its family connection to Driver could undermine confidence in the prosecution, prompting officials to seek the appointment of an outside attorney to represent the state.
Driver’s brother, Stephen Driver, works in the Harris County District Attorney’s Office and has been identified in local reports as a grand jury division chief. He is also running as a Republican candidate for judge of the 208th District Court. In a court filing, the district attorney’s office said Michael Driver is an immediate relative of an employee and argued that disqualification would best serve the orderly administration of justice. The filing did not accuse Stephen Driver of misconduct or suggest he had participated in the investigation.
The office contacted the Fort Bend County District Attorney’s Office about a possible appointment, according to court records and local reports. An outside prosecutor would inherit the task of reviewing the Houston police investigation, assessing Driver’s self-defense claim, presenting evidence in court and deciding how to proceed with the murder allegation. Publicly available reports did not establish whether Fort Bend County had formally accepted the case or identify the individual prosecutor assigned to it.
Recusal has occurred before in a criminal matter involving Driver. Harris County prosecutors withdrew from a misdemeanor driving-while-intoxicated case filed against him in 2019 after disclosing that one of his relatives worked in the office, the Houston Chronicle reported. That charge was later dismissed. The earlier case has no stated bearing on whether Driver is guilty or innocent of murder, but it shows that the office had previously treated the family relationship as a conflict requiring outside handling.
The new case began with a late-night shooting on June 27, not with the recusal question. Houston police said officers were sent to 1628 Vassar Street at about 11:55 p.m. A man flagged down patrol officers as they arrived and identified himself as the shooter. Police said the man reported that he had been involved in a physical altercation, produced a gun and discharged it, striking the other man.
Authorities identified the shooter as Driver and the wounded man as Reyes. Houston Fire Department paramedics pronounced Reyes dead at the scene. Police later said he had been shot once in the chest. Driver was not immediately charged that night. Homicide investigators continued working the case and arrested him after what the department described as further investigation. On July 7, police announced that he had been charged with murder in the 232nd Criminal District Court.
The reason for the delay between the shooting and arrest was not fully explained in the public police release. Local reports said detectives were examining whether Driver’s conduct was legally justified. Driver called 911 and said Reyes was trying to gouge out his left eye, according to court records cited by ABC13. That account provided the foundation for a self-defense claim, but investigators ultimately submitted a case that led to a murder charge.
Three established criminal defense lawyers — Dick DeGuerin, Jed Silverman and Neal Davis — are representing Driver. Silverman has said the defense believes Driver is not guilty and expects the evidence to support that conclusion. Davis told the Chronicle that the weapon belonged to Reyes. DeGuerin said Driver cooperated with police. Those statements indicate that the defense will emphasize the alleged threat, the ownership of the gun and Driver’s conduct after the shooting.
The state’s evidence has not been presented in full. Police have not publicly released a detailed probable-cause statement explaining why detectives concluded that a murder charge was appropriate despite Driver’s account. Reports have not disclosed whether investigators documented injuries to Driver’s eye or face, recovered fingerprints or DNA from the weapon, found surveillance footage, obtained statements from other residents or reconstructed the exact positions of the two men when the gun was fired.
The legal role reversal is significant but does not change the burden of proof. Driver’s work as a criminal defense attorney gives him professional familiarity with arrest, bail, evidentiary disputes and courtroom procedure. It does not create a different legal standard for his case. Prosecutors must prove the charged crime beyond a reasonable doubt, while the defense may present evidence supporting justification. Driver is presumed innocent unless convicted.
Driver’s prior professional relationship with Reyes may become more important than his occupation alone. The Chronicle reported that Driver had represented Reyes in a criminal case involving allegations that Reyes displayed a gun during a March home break-in. Driver withdrew from the case in May, and lawyer Jules Johnson took over. Johnson said Reyes appeared troubled by Driver’s decision to withdraw. Neither that reaction nor the earlier allegation establishes a motive for the June shooting, and authorities have not publicly linked the two cases.
The men continued living at the same residence after the attorney-client relationship ended. Reyes was a tattoo artist and was described in records as Driver’s roommate and bodyguard. Driver also operated his law practice from the home, neighbors told ABC13. The property reportedly housed several people and received frequent visitors, potentially creating a broad group of witnesses who could offer information about the men’s relationship, their activities that evening or statements made before and after the shooting.
Descriptions of that relationship vary. Silverman said it had sometimes been contentious but acknowledged that he did not know what started the fatal argument. A woman who said she was a friend of both men told ABC13 that she had always seen them get along and had never witnessed serious problems. Reyes’ girlfriend, meanwhile, said Reyes had been preparing to move out. Police have not said whether a housing dispute, the ended legal representation or another issue caused the confrontation.
Reyes’ girlfriend said she welcomed the murder charge and wanted the case prosecuted. She said Reyes left two young children. Her comments stand apart from the legal dispute over which county office will represent the state: For his family, the case concerns the death of a father and partner, while the courts must decide who can prosecute the allegation without a conflict and whether the evidence proves an unlawful killing.
The reports reviewed for this article did not identify a trial date, a grand jury action or a final ruling on which office would prosecute the case. Driver was jailed but then released July 9 on a $150,000 bond, according to People. The next major developments are expected to come through court proceedings rather than additional police announcements.
Author note: Last updated Aug. 3, 2026.