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Tuesday, November 5, 2024

Pretrial hearing on assault charges for Austin philanthropist delayed for more than a year

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Dilum Chandrasoma’s pretrial hearing has been delayed multiple times. | Adobe Stock

Dilum Chandrasoma’s pretrial hearing has been delayed multiple times. | Adobe Stock

Austin philanthropist, entrepreneur and businessman Dilum Chandrasoma was arrested for assault family violence on July 21, 2019.

More than a year later, the case against him is delayed, still dragging through court system. Chandrasoma has sought repeated delays, which in tandem with the COVID-19 pandemic, has kept the case from moving forward.

Chandrasoma was arrested by the Austin Police Department and charged with assaulting his wife and son, who was 16 at the time.


Judge Dimple Malhotra | Provided

Mack Martinez, director of the Travis County Attorney’s Office Domestic Violence Division, said the prosecution has never sought a delay.

“The reality is the defense bar controls that completely,” Martinez told Austin News. “We had not asked for one single continuance, we had not asked that anything be set off. We did not ask for a continuance in that case.”

After charges were filed July 26, 2019, an initial hearing, called an announcement, was held July 29. A pretrial hearing to review legal issues and settle any disputes was scheduled Sept. 6, 2019.

That was reset to Dec. 6, then to April 3, 2020, after the coronavirus shutdown, Martinez said. No court hearings were held at that point.

“That backed up the docket significantly,” he said.

The case was then moved to June 12, then Sept. 4 before being rescheduled for Nov. 6. Martinez said the pretrial hearings are usually fairly routine, with not many issues arising. Attorneys can review documents and ask for corrections, he said.

“That’s rare, because we do so many of these,” Martinez said. “We get these things right.”

What slowed the case again recently was Chandrasoma’s decision to change lawyers, dropping William Kemp. He is currently represented by Mark Hull.

Martinez said his office was made aware of that change on Sept. 25.

He said although there is no written limit on delays, at some point a judge will decline to grant another one. Judge Dimple Malhotra presides over the only domestic abuse court in the county.

“You can’t just keep kicking it down the road,” Martinez said.

He said it’s unclear why so many continuances have been sought. At times it’s because a person has sought counseling and wants to complete that before dealing with a legal issue. At other times a police officer who may have pertinent evidence is unavailable.

As for the present, the case against Chandrasoma is scheduled to proceed this fall.

Martinez said there are no public records indicating violence against other family members before or after the July 2019 arrest. 

Police records indicate that Chandrasoma was “heavily intoxicated” and was talking with women on his cellphone when his son confronted him.

Chandrasoma allegedly struck his son and when his wife interceded, she fell to the floor, and Chandrasoma then hit her on the side of the head. When she rose, he allegedly pushed her back down and then went to a bedroom, emerging with “a large baseball-size post from their bed.” He allegedly did not strike anyone with it, and police later arrived to arrest him after observing an abrasion on his wife’s forearm.

No protective order has been filed, Martinez said, adding his office provides care and protection for victims, if requested.

“We have good shelters here in Austin,” he said.

Chandrasoma was the president of the Roy F. and JoAnn Cole Mitte Foundation, which provides scholarships to high school graduates attending a two- or four-year college or university in Texas as well as grants for community improvement projects.

The Mitte Foundation is in the midst of a legal battle over a real estate partnership and the sale of assets.

The foundation has been rocked in the past with allegations of spending on personal expenses skyrocketing, cocaine charges and sexual harassment complaints. Its assets have steadily declined from a high of $43 million in 2003.

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