DA: GRAND JURY NO-BILLS CHIEF DEPUTY GUS REYNA
By the Cameron County District Attorney's Office
Luis Saenz, District Attorney
In Re: Chief Deputy Gustavo Reyna Jr.
September 24, 2014
The investigation was conducted and handled by Texas Department of Public Safety Texas Ranger Rolando A. Villarreal Jr. The investigation focused on identifying any criminal violations in reference to a motor vehicle collision on 08/24/14.
Factual findings:
1. The collision occurred on 08/24/14 around 2:30 p.m. on the turning lane of Pablo Kisel Boulevard by Gold’s Gym in Brownsville.
2. Chief Reyna was operating a county vehicle that rear-ended a Jeep driven by A.R.
3. Both vehicles were safely driven onto the Gold’s Gym parking lot. There were no injuries resulting from said collision.
4. A.R. “voluntarily” decided not to call the police.
5. Chief Reyna paid the damages to both vehicles from personal funds.
6. Chief Reyna was the sole occupant of his vehicle.
Applications of facts to the law:
1. Did Chief Reyna commit an offense by not calling the police?
Texas Transportation Code 550.026 requires immediate notice to a police department or sheriff’s office of an accident resulting in injury to or death of a person or when damage to a vehicle is to the extent it cannot be safely driven away. There was not a requirement for immediate reporting since there were no injuries and both vehicles were safely driven away.
2. Did Chief Reyna commit an offense by telling Sheriff Omar Lucio the collision happened in the parking lot of Mi Pueblito Restaurant when in fact it happened on the turning lane of Pablo Kisel Boulevard by Gold’s Gym?
While a potential offense of Tampering with a Governmental Record existed due to a discrepancy in the location of the collision, the statute provides in Texas Penal Code section 37.10(f) “It is a defense to prosecution under subsection (a)(1), (a)(2), or (a)(5) that the false entry or false information could have no effect on the government’s purpose for requiring the governmental record.”
1. Did Chief Reyna commit an offense by not calling the police?
Texas Transportation Code 550.026 requires immediate notice to a police department or sheriff’s office of an accident resulting in injury to or death of a person or when damage to a vehicle is to the extent it cannot be safely driven away. There was not a requirement for immediate reporting since there were no injuries and both vehicles were safely driven away.
2. Did Chief Reyna commit an offense by telling Sheriff Omar Lucio the collision happened in the parking lot of Mi Pueblito Restaurant when in fact it happened on the turning lane of Pablo Kisel Boulevard by Gold’s Gym?
While a potential offense of Tampering with a Governmental Record existed due to a discrepancy in the location of the collision, the statute provides in Texas Penal Code section 37.10(f) “It is a defense to prosecution under subsection (a)(1), (a)(2), or (a)(5) that the false entry or false information could have no effect on the government’s purpose for requiring the governmental record.”
In this case, the inaccurate information did not affect the course or outcome of the purpose of prosecution under Penal Code 37.10(f).
Conclusion:
Based on the facts and the applicable laws, Chief Reyna did not commit a criminal violation in not calling the police and in giving the wrong collision location to Sheriff Lucio.
The Grand Jury was informed of said investigation and findings.
Nonetheless, there remains certain issues and concerns regarding potential County Policy violations that are to be addressed by the Human Resources Department.
Conclusion:
Based on the facts and the applicable laws, Chief Reyna did not commit a criminal violation in not calling the police and in giving the wrong collision location to Sheriff Lucio.
The Grand Jury was informed of said investigation and findings.
Nonetheless, there remains certain issues and concerns regarding potential County Policy violations that are to be addressed by the Human Resources Department.
24 comments:
SOME ONE GOT PAID OFF...CORRUPTION AT ITS BEST!!!
THE COUNTY NOW NEEDS TO CHANGE THEIR POLICY TO SAY...IF A COUNTY EMPLOYEE CRASHES HIS COUNTY VEHICLE...JUST PAY FOR THE DAMAGES AND WHOLE MATTER IS OVER!!!
WHY HOLD ANY COUNTY EMPLOYEE ACCOUNTABLE FOR ANY COUNTY POLICY...THE POLICY DOESN'T MEAN ANYTHING ANYMORE...ASK THE SHERIFF WHEN HE VIOLATED TOO... BY NOT FOLLOWING RULES AND REGULATIONS???
It wasn't a drunken wreck. It was a workshop.
Cast of the "The Fast and the Furious" were on the grand jury.
What do you expect from a county whose top administrator hires and enables a crook like cris valadez? Par for the course.
How to get away with Murder? only in cameron county Chihuahua, how come I cant one of these cushiony jobs where I can do whatever I want and get away with? ah shucks.
Can we all just drive away or do all parities involved in the accident have to agree?
What a sham! This proves that Luis Saenz is more loyal to the Dumbokratic Party and to Sheriff Lucio than to the public. This is much like the cover up of an accident by Rene Oliviera several years ago....and in both issues Melissa Zamora was a player. The Dumbokratic Party obviously doesn't believe they have enough people in jail; or that Luis Saenz will work hard to protect the party corruption.
I am very disappointed with the Grand Jury decision. But, one has to remember that the CCDA presents the case and then gives their interpretation of it. The grand jury only decides whether there is enough to go to a criminal trial and that's it. Just based on what the newspaper reported, there is enough to Indict and just let it go to trial and allow a jury to decide whether the drunk was guilty or not guilty. I think that this Texas Ranger is inexperienced in investigating this incident. What happen to the investigation by the CCDA Integrity Unit? Here we go again in Cameron County!
Down here it is presumed that all public official and politicians are crooks and criminals and they have nobody to blame for that public perception but themselves.
But not everything they do is crooked or corrupt despite a presumption otherwise. This is one of those time and DA Saenz handled this correctly and came to the correct conclusions.
Now, let's see if the internal workings of Cameron County policy wonks will deal out more than a slap on the wrist. Probably not, but hope springs eternal.
Public integrity unit my foot! It's just a title they slapped on the old DEA agent to shut people up. It's nothing more than a crappy PR stunt. Luis Saenz is giving out get out of jail free cards to all his insiders.
Unbelievable, I wonder what would have happened if it had been Ernie Hernandez in this situation while he was a sitting commissioner. I'm willing to bet the DA would have been singing a different tune.
Actually since Reyna lied about the location then his integrity comes into question. According to the Brady law if any peace officer is ever caught lying then he cannot testify in court. Thus, if he/she cannot testify then they should not be a peace officer again. There is no use for them if there integrity has been shot.
In this case Reyna did lie about the location of the accident. Which, of course, was documented by the County on its initial reports.
If Lucio were a legitimate Sheriff then he would have no choice but to terminate Reyna. If he doesn't then this one more piece of information that will be used against this administration to show how corrupt it has become.
So the texas rangers are in it too. Real rangers don't sell themselves out like this one.
Panama unit material. FBI is having a ball. Wait and see. Jajajajajajajajjajj
As Rodney King said, Can't we just all get along.
ALL County DEPUTIES, crash your car, pay for the damages and lie to your boss and your protected by civil service. Awesome, where else but Cameron County!!!!
Same individuals that made arrangements for emit Livingston to escape are the same crooks that are sweeping this crime under the huuuuge rug. Jajajajajajajajjaja
Good one Lucio
I knew this was going to happen. there was a deal made with the D.A. to allow the charges to be dropped and Gus will retire and end of story. its called "sweeping it under the rug people"!!! Under Cameron County Policy they use the word SHALL even flores stated it shall report all traffic accidents... read and download the policy its in black and white. if this drunk is the big man he SHALL know the Policy and procedure. remember a thief is a thief and a drunk is a drunk
Where are your scathing comments juan? Didn't you quote the d.a. as saying" if it was you or me this wouldn't be swept away" or something to that effect? What if it had been one of the d.a.'s hated targets like bobby or ernie? Don't run cover for saenz.
The D.A. 's loyalty lies behind his mustache .
Come on juan! Didn't your earlier post claimed the other party in the accident was saying alcohol was involved? How can the d.a. claim no laws were broken? Why are you helping to cover this up?
The Texas Rangers are the protectors of politicians. That includes the governor who currently is on the Lam . According toThe N.A.C. O. Intelligence agency , he is on a trip to Yemen to bring camel industry to Texas.
Lame.Get lost.
so you all can know Gus has registered himself in a Drug and Alcohol Rehab Hospital in northern Texas away from the valley. He was ordered to do this after the accident. conditions for the agreement to the No Bill. Their Empire is falling apart. their tearing each other apart.
It is interesting to note that there is an investigation in regards to luis saenz for accepting $60000 in campaign contributions by casino owners then not reporting it. It's a good thing that a one of the owners recorded the exchange. It's obvious luis saenz is a liar and a crook. Even now he allowed his contributors to operate with impunity while closing the others that do not pay.
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