After receiving additional information concerning the incident, Chief Mahan concluded that it was appropriate to request an external investigation to determine if any criminal acts were involved. Mahan suspended investigation of the incident pending the conduct and conclusion of any external investigations in order not to impede or interfere with any criminal investigation that might be conducted.
On November 21, Mahan contacted the Texas Rangers officer in Eastland who instructed Mahan to report the incident to the local District Attorney, who could then request that the Rangers investigate. On that same date, Mahan contacted District Attorney Dee Peavyand requested an external investigation of the incident. Peavy contacted the Rangers by phone on November 21. On November 26, she made a written request for an investigation to Company C Division of the Texas Rangers in Lubbock and, subsequently,forwarded additional information to the Rangers related to this request.
On December 12, Peavy met with the Texas Rangers concerning this incident. On December 13, at the suggestion of the Rangers, she contacted the Office of the Attorney General requesting that the Attorney General serve as Special Investigator/Prosecutor and provided the related evidence and information in her possession to the Attorney General. On January 2, Peavy was informed by the Attorney General's office that a special investigator/prosecutor had been assigned to the case.
On January 16, 2013, Peavy received a letter from the Director of Law Enforcement Office of the Attorney General indicating that the Law Enforcement Division and the Criminal Prosecution Division of the Attorney General had completed their investigations and did not believe that there was sufficient evidence to proceed with a criminal investigation.
On January 20, upon notice of the determination of the Attorney General, Chief Mahan commenced an internal personnel investigation to determine if there had been a violation of policy by any officer still employed by the Breckenridge Police Department. Officer Wade resigned from employment with the City on November 29, 2012. On January 23, Mahan concluded the internal investigation finding, based on State law and departmental policies, that no complaints had been filed with the City concerning this incident; that there were no violations of departmental policy; and that no disciplinary action was warranted.