HOUSTON, Texas (NBC) -- A state judge was charged with criminal mischief after his neighbor claimed he caused thousands of dollars worth of damage to his car. A Harris County grand jury indicted Judge Woody Densen Thursday.
Densen and Adam Kliebert have been neighbors for the past year and a half. Over Memorial Day weekend, Kliebert said he caught the judge on tape "keying" his Range Rover.
"I'm thinking, 'This is a 70-year-old judge keying my car,'" said Kliebert. "I think he's just mad that I blocked the sidewalk. He's got to take one extra step around my car."
Kliebert said he first noticed scratches on his car when he had to park outside of his garage, the back bumper sticking out over the sidewalk running behind the townhomes.
"I had parked out there one night and then the next day it's keyed," said Kliebert.
Angry and suspicious over the damage, Kliebert said he bought $1,000 worth of cameras and recording equipment. Kliebert then set up the motion-activated cameras in the window overlooking his car. A day after installing the surveillance equipment Kliebert said he noticed a spider web of long, deep scratches on the back of his car.
"So I came up, reviewed the tape and sure enough, it was old Woody keying the crap out of it," said Kliebert.
Local 2 Investigates reviewed Kliebert's video. At one point Densen, 69, is seen walking toward Kliebert's car, pausing slightly to look back. The video then shows Densen slowing his pace as he passes behind Kilebert's car, his left arm making quick short movements before walking off. The video also shows Densen returning an hour and a half later from the opposite direction. This part of the video shows Densen again passing behind Kliebert's car, this time his right arm drags behind him as he walks by.
"I wanted the pictures to come out clear," said Kliebert. "I wanted proof because I want this guy to pay for what he's done."
Kliebert said the damage to his car is estimated at $3,000.
A day after this incident, Kliebert said he noticed Densen on the sidewalk so he grabbed a small, concealed camera and walked outside to speak with the Judge.
"You wouldn't have seen anybody out here scratching my car would you?" Kliebert is heard asking Densen on the video tape.
"No," replied Densen.
"Why would somebody do that?" asked Kliebert.
"Well, who knows, you know, you've been blocking the sidewalk here. I don't know if that has anything to do with it," answered Densen.
Kliebert then asked Densen if what happened to his car would be considered a crime.
"Well, I, from the damage, it's criminal mischief," said Densen.
"I knew that he knew what the law was because he's a judge, but I wanted him to tell me what he thought the law was," said Kliebert, when asked why he secretly recorded this conversation.
Kliebert said he and the judge's neighborly relationship got off to a rocky start last year when he complained about Densen's barking dog.
"And he said, 'What do you want me to do? Get rid of my dog, sell my dog?'" said Kliebert.
After reviewing both videotapes, Local 2 Investigates tried to talk with Densen at his home.
"Are you aware that he has you on videotape keying his car?" Arnold asked.
"No," Densen replied.
"Did you know that?" Arnold asked.
"No," Densen said.
"OK, he's got you on tape doing that," Arnold said.
"Well, I don't believe that because I didn't key his car, wasn't me," said Densen.
Densen then walked back inside his townhome and would not answer any more questions from Local 2.
After Thursday's indictment, Densen's attorney spoke on his behalf.
"The video doesn't show anything. It shows a man walking behind a car," said defense attorney Robert Pelton. "I don't understand how a man can get indicted for walking behind a car."
Pelton added that Densen voluntarily took and passed a polygraph examination, proving he didn't damage Kliebert's car.
Pelton also said the defense re-enacted the incidences shown on the video and can prove it would be impossible for Densen to have caused the damage to the SUV.
The State Bar of Texas lists Densen's occupation as full-time judge.
Harris County records show Densen was first elected to the bench in the 248th District Court in 1983. Densen held this position until 1994 when he lost his bid for re-election.
Since he lost the election, records show Densen has worked as a visiting judge in many courts. In 1998, Densen was also a candidate for judge for Harris County Criminal Court #7, but lost in the primary.
