After the Grand Jury was led down the path in the garden of good and evil by county attorney Tidwell, Mitchell and Galle were arrested and charged with Misuse of Official Information under Section 39.06(b) of the Texas Penal Code: "A public servant commits the offense of Misuse of Official Information if with the intent to harm another he uses information for a nongovernmental purpose that (1) he has access to by means of his employment and (2) has not been made public."