Friday, February 20, 2015

GRACIA'S "STRATEGY" RESULTS IN INMATE DYING IN JAIL

By Juan Montoya
The man who died of a heart attack after failing to post a $10,000 bond ($1,000 in cash from commercial bail bondsman, $300 from the county's Pre-Trial Release department, or $0 on his lawyer's surety) instead spent seven months at $40 a day compliments of the taxpayers instead of being released pending his trial.
Jose Miguel Pecina was booked into the Cameron County jail on charges of continuous family violence and interfering with an emergency call. His bond was set at $10,000.
He was jailed March 26, 2014. He died seven months later on Oct. 28.
According to District Attorney Luis Saenz, he should have never been incarcerated.
Pecina could have requested a personal recognizance bond if no case had been filed against him within 15 days of his incarceration, according to the Texas Code of Criminal Procedure. However, since his attorney never requested it or asked the court or the Pre-Trial Release Dept. (PTRD) for assistance, he languished behind bars until his death.
"We were never contacted by his lawyer or any member of his family," said PTRD director Kevin Saenz. "We were never notified about it."
“At some point it falls on their lawyer to keep up with the case and to do what they can for the client,” Saenz said. Saenz said Pecina should have requested the personal recognizance bond. He would have been released from jail on April 26.
As it turns out, it was all part of a grand defense strategy by Pecina's attorney – and new Justice of the Peace 2-2 – Jonathan Garcia. Gracia told a local broadcaster that keeping Pecina in jail was actually a good thing.
“When you're part of the system, everyday that you're incarcerated actually counts towards credit for time served if you're later found guilty on that particular charge. Sometimes you'd like to be able to gain credit as opposed to posting a bond and getting out of jail and finding out later that you're going to have to go back into jail,” Garcia said.
Garcia said he has used that strategy before. He said he was waiting for the case to be filed by the police and district attorney's office so he could use those facts.
The code states that if an inmate is charged with a class-B misdemeanor and no case is filed within 15 days that person is entitled to a personal-recognizance bond. For a class-A misdemeanor, inmates are eligible after 30 days. For a felony charge the inmate must wait 90 days.
But as far as the district attorney is concerned, it is a dead issue and he simply reviewed the case and will not be taking any action.
So that elicits a few questions such as:
If Gracia was allowing his client to serve time on the charges so that he could claim credit for them afterward, did he assume his client was guilty? Does this mean that he (as defense attorneys are supposed to) didn't have a presumption of his client's innocence? If so, isn't Gracia acting, not as a defense attorney, but rather as a judge and a jury and accepting punishment from the system before even going to court?
Either way, Pecina died a lonely death behind bars when he could have died among his own. No one, of course, knew he was going to die of a heart attack while incarcerated. But how many other grand defense strategies count on the taxpayers of the county to not only pay for an inmate's defense, but also ask that the taxpayer provide their clients' board and keep while they remain in the custody of the county?
At seven months (7x30= 210) time $40 @ day, that equals to $8,400 that the county taxpayer shelled out for Pecina's keep plus whatever Gracia got as a court-appointed attorney.

26 comments:

Anonymous said...

Come on ... we all know that is a legitimate strategy... and is used and requested by defendants all the time

Anonymous said...

Gracia is a (gay) piece of shit. He sucked as a assistant district attorney, he sucks even more as a lawyer(ummm client just died on his watch) and he will fail MISERABLY as a Judge. Just ask Linda Salazar and staff Juan. He is NEVER at the courthouse. NEVER. So he is getting a county salary, retirement, insurance, wedding money for doing JACK SHIT. Way to go Brownsville.

Anonymous said...

Not everyone has money to be on probation for years, or they know they won't make it through probation so they would rather do their time. If they get out, and wait until months later to plea to doing time, they go in the hole then, when they could have been doing their time already. What is wrong with that? It is neither the county's fault nor the attorney's fault that this guy chose this strategy while he had a pre-existing medical condition. Your story is full of shit.

Anonymous said...

The 1st and 3rd comments are full of shit. This guy's family wanted him out of jail. Jonathan was too fucking lazy to do his job. He fucked up. The family is filing a wrongful death lawsuit against him.

Anonymous said...

Gracia didn't do anything wrong! When is your time to go, it's your time to go. If the defendant was gonna have a heart attack and die... he was gonna have a fatal heart attack, whether he was inside the jail or out on bond, or probation, or whatever... EVERYBODY LIKES TO PLAY MONDAY MORNING QUARTERBACK... but you know what they say, "opinions are like assholes... everybody has one and they all stink!"

Anonymous said...

The gendarmes should be informed of an inmate's pre-existing Conditions. Some have diabetes ,HBP, Cancer , and other health conditions .

Anonymous said...

gracia shame on you ...how do you sleep at night ? you must be riddled with guilt...

Anonymous said...

Your comment is full of shit! Maybe you are Gay...

Anonymous said...

I wish i could fu..k him one day ..."ta bien bueno "

Anonymous said...

He was in for continuous family violence.
That means he was maybe a violent person. If he had been allowed to be out and maybe, just maybe he went out and killed some member of his family, who was going to get blamed?? Knowing he was violent why did they let him out??? Another damn if you do and damn if you don't case.

Anonymous said...

Shut up pinche Jonathan, you are a worthless attorney hiding behind your daddy's britches. You are one arrogant and pompus piece of shit. Quit plucking your eyebrows and crack a law book open pendejo.
It is your fault this human being is dead you idiot. I hope they sue your ass for malpractice and take your bar card which you do not deserve.

Anonymous said...

Ask Linda Salazar??? Really? Why don't you ask Linda Salazar why her Assistonta Lesbian Sylvia Rodriguez why she is always in the Cafeteria at the 1st floor (the she runs) on taxpayers money.mmmmmmmmm

Anonymous said...

This dude is fucking arrogant. I went to pay a ticket at the JP office and I had to go back to see him because he wasn't there. Then I fucking go back and the dude is an asshole. I m glad I didn't vote for this motherfucker.

Anonymous said...

La Pinche Sylvia Rodriguez no vale madre.... Bitch tambien...

Anonymous said...

Fucken between, Jonathan never at work, princess Mary ester having NO work, Gavino doing whatever the fuck he wants and Sylvia running the coffee shop.....los Pinche JP's no Valens madre.

Anonymous said...

Irrelavent.....to that arrogent comment...your comment is full of shit you are probable pissed because you thought he was going to take away the citation...you think you were at Linda Salazar court Or what....dont get mad because no te hace transa bitch!!!!!

Anonymous said...

Dejen a mi papasito en pas!!!!!muahhhh

Anonymous said...

Lots of vacation time at Lindas court....or does she not work there anymore???

Anonymous said...

Does she or doesnt she work with Linda Salazar????

Anonymous said...

You idiot you Make it sound like he is a Dr and was to know he was sick, that's why they have people in the jail working as RN but i forgot they give a shit. They should be blamed. Oh but no one wants to say shit. They might loose their job! Pinche condado no vale madre! Stop blaming my chulo!!!!

Anonymous said...

Gracia is an asshole. How the fuck did this guy win?

Anonymous said...

He does have a hole.We all do!!!! He is a very unique person....

Anonymous said...

La Linda Salazar no tiene suficiente energia para ganar la Eleccion. Nada mas quiere hacer weddings con la Assistonta.

Anonymous said...

This little gay papas boy, would never make it as an attorney, thats why he had to run for JP to get a salary and money for weddings, as a assistant district attorney he was an errand boy for villalobos (his father got him the job) according to brownsville voice he did not want to represent Joey Garza because he worked for the hernandez, that is BS his stupidity is much grater than his principles, and anybody that hires him has to be as stupid as he is, Joey get a good attorney

Anonymous said...

Mr. Gracia is defending his little stupid son, face the truth man, your son is what he is

Anonymous said...

He wasn't "representing " Joey Garza....he was processing the inmates which is his job....read much?

rita