Jury clears all but one defendant in Texas “Trump Train” trial

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An Austin jury cleared all but one of six Donald Trump supporters who were accused of breaking federal law when they surrounded a Joe Biden campaign bus driving down a Texas highway days before the 2020 election.

The seven-person jury, which deliberated for most of Monday, said just one of the defendants, Eliazar Cisneros, violated the Ku Klux Klan Act of 1871 when the so-called Trump Train — a monicker for caravans to show support for the former president — drove up to the bus as it traveled north on Interstate 35 between San Antonio and Austin on Oct. 30, 2020. The group, which included dozens of vehicles on the highway that day, forced the bus to slow to a crawl.

Cisneros was ordered to pay $30,000 in punitive damages to the plaintiffs and $10,000 in compensatory damages to the bus driver, Timothy Holloway. Cisneros’ lawyer asked the judge to throw out the decision after it was announced. If the judge rules against Cisneros, he can appeal the jury's decision to the Fifth Circuit Court of Appeals.

Both plaintiffs and defendants claimed Monday’s verdict as a victory.

"Praise God," defendant Steve Ceh told reporters outside the courtroom.

Joeylynn Mesaros, another defendant, said she felt vindicated after what she saw as a lawsuit brought by group of Democrats trying to chill speech of those with whom they disagree.

"Considering how the odds were intentionally stacked against us, and the trial was rigged, I was refreshed that the jury was still able to see through" that, Mesaros said. Her lawyer said they will file a motion to get their attorneys fees covered by the plaintiffs, estimating she and her husband Robert Mesaros, another defendant, spent between $200,000 and $300,000 on the case.

Outside the courthouse, plaintiffs and their lawyers also said they were also pleased with the jury's decision.

"Each of us really had one interest at heart, and that was making sure that in elections going forward, people will understand that it is not acceptable to intimidate, harass and threaten people who want nothing more than to express their right to support the candidate of their choice," said former state Sen. Wendy Davis, who was one of the plaintiffs.

Christina Beeler, a lawyer for the Texas Civil Rights Project, which helped represent the plaintiffs, said they were pleased the jury awarded punitive damages, which sends "a message to the public that threats, intimidation and violence have no place in American elections."

"Today's verdict is a win for our clients, and it's a win for American democracy," she added.

Holloway, Davis and another bus passenger, former Biden campaign staffer David Gins, sued multiple members of the Trump caravan in 2021, accusing them of engaging in a conspiracy to disrupt the campaign in violation of the Ku Klux Klan Act. The incident led the Biden campaign to cancel campaign stops in San Marcos and Austin.

Over the past two weeks, the plaintiffs’ lawyers tried to convince the jury that the six defendants who were part of the Trump Train willingly tried to intimidate those on the bus.

“Dangerously surrounding somebody on the highway, anyone, a Republican, Democrat, anyone on the highway and forcing them out of town isn't okay, doesn't have a place in Texas, doesn't have a place in America and it has consequences,” attorney Samuel Hall told jurors during opening statements in the trial.

The plaintiffs’ attorneys had to prove the defendants were part of a conspiracy to prevent one or more people from showing support or advocating for a candidate for federal office. They also had to prove that the defendants’ actions affected the plaintiffs. The three plaintiffs said the incident on I-35 caused them emotional distress, gave them anxiety, depression or insomnia, and made it difficult for them to perform some of their duties at work.

Throughout the trial, the defendants and their lawyers insisted there was no conspiracy. While they all participated in Trump Trains leading up to the 2020 election, they did not know each other before or during the incident and had no intention to threaten, intimidate or harm those on the Biden bus that day, they said.

Erin Mersino, a lawyer for defendant Dolores Park, told jurors during closing arguments that Park’s behavior the day of the incident might have been “weird” but fell short of breaking the law.

“It may not be likable. It may not be her proudest moment. But it’s not a violation of the Ku Klux Klan Act,” she said.

But plaintiffs said the way the Trump supporters’ vehicles surrounded the bus — slowing it to 15 miles per hour on I-35 as drivers honked at them — made them feel like they were “taken hostage.”

“We didn’t know who they were and what they might be capable of,” Davis testified early in the trial.

Jerad Najvar, a lawyer for Joeylynn and Robert Mesaros, told The Texas Tribune that his clients waited three years to put the events of Oct. 30 into context, adding the entire situation has been “blown out of context and chilled speech.”

The Mesaros’ started participating in Trump Trains in New Braunfels as a way to show support for Trump, they testified during the trial. The New Braunfels Trump Trains were organized by two other defendants, Steve and Randi Ceh. Cisneros and Park also participated in the Alamo City Trump Train many times leading up to the election.

Two additional defendants named in the original complaint settled their case last year. The terms were not made public but they issued public apologies for their involvement.

“Looking back, I would have done things differently. I do not feel that I was thinking things through at the time, and I apologize to the occupants of the bus for my part in actions that day that frightened or intimidated them,” wrote Hannah Ceh, daughter of defendants Randi and Steve Ceh, in her apology.

The plaintiffs also filed a second lawsuit against San Marcos police, accusing law enforcement of turning a blind eye to the attack. The city settled with the plaintiffs last fall. As part of the settlement, San Marcos police officers and professional staff must receive training on responding to political violence and voter intimidation and on ways to develop community trust. The city paid $175,000 to four plaintiffs.