A VICTIM'S IMPACT STATEMENT GETS VERY POLITICAL: STAPLETON'S X-EXAMINATION INDICATES "POLITICAL" AGENDA

EZEQUIEL SILVA,

 having been first duly sworn, testified as follows:

 DIRECT EXAMINATION

By Mr. Arthur Teniente:
Q Good afternoon, Mr. Silva. Can you please introduce yourself to the judge and tell him who you are and how you're involved in this case.
 A My name is Ezequiel Silva and I'm a victim of theft, burglary.
Q Okay. And can you tell the judge reason why  you're here?
A The reason I'm here is because I don't agree with the recommendation of county jail being the fact
 that this man burglarized homes and trying to sneak in through the back door while my daughter was taking a shower early in the morning. I had just left. And not just my home, but various homes as people were actually getting ready to go to work or ready to go to school, in
this particular case. And not just did one home, but six homes. And only got -- was able to make sure that he didn't do worse.
Q Okay. And just so everyone knows, are you aware of the particular terms of the proposed punishment for him would be for him to be on probation for five years and to serve 60 days county jail as a condition of that probation?
A I understand that he is under the impression that we want restitution.
Q Okay.
A And I was confused when I was asked to give receipts.
Q Okay.
A Thinking that they were just asking me for receipt.
Q Okay.
A And because I gave receipts of what was broken  and stolen, somehow the state figure that I want restitution, therefore, recommended probation.
Q Okay. Because you think you gave receipts, you think that somehow that that was interpreted as you okaying probation?
A Yes, sir.
Q Where, in fact, you're not okay with it?
A I'm not okay with it.
Q And can you tell the judge why?
A Yes. Because of the way he did it. He broke into homes as people were getting ready to go to work, while they were taking showers. He went through the back door not caring. I mean, what scares me as a father and as a husband is that I have no idea what he could have done if he would have walked in on my daughter taking a shower, and he didn't do it to only one home. He did it to a few homes.
Q Okay.
A And he did not show any remorse when I talked to him. Because when I showed up to the house, I saw that the detectives outside and he told me, Yeah, I ripped your home off. The detective asked me where I lived and I told him that house. He goes, Yeah, I ripped you off. I stole from you. He was like no big deal. During arraignment when I show up, he showed no remorse whatsoever. He never said I was sorry. He was like, Hey, hurry up, Judge. I was there. He wanted the judge to hurry up and get him out of there. So when I see a person that has no remorse for what he did, stole that many homes, broke into that many homes while people were in the home, this guy is dangerous.
Q So you're saying he doesn't deserve probation?
A No, he does not. I'm not saying that he want to throw away and lock the key. I'm saying he needs
to be taught a lesson and county jail is not a lesson.
Q So you're saying county jail wouldn't be good enough for you?
A No, he needs to get a --
Q What would be good enough for you?
A A month or two in federal -- I mean, state prison.
Q Okay. Are you aware that for these level of offenses, if he got sent to state to jail, that would be
-- the minimum legally would be six months?
A Then that's -- if that's the minimum, then that's the minimum.
Q Okay. Is there anything else you want the judge to know about this case?
A I want the judge to know that, Your Honor, I'm a husband. I'm a father first and I'm a business owner. I work hard for what I have, and I didn't do it by stealing or breaking into people's home. I had to put cameras. Every time we leave, we got to double check every day our home, three times. I got infrared cameras everywhere in my back yard, front yard and side because of this guy. Now my family lives in fear because we have no idea what this guy is going to do, if he's going to go back. He stalked us. It's no fun living in fear, man.
Mr. Teniente: I pass the witness.

CROSS-EXAMINATION

By Mr Ed Stapleton:

Q Mr. Silva, what kind of business is it that you're an owner of?
A A trucking company, sir.
Q Now, as a general premise, Mr. Silva, you would recognize that someone could commit crimes and reckless bad acts when they're young 19, 20, 21, and then outgrow it, get past it. Aren't you familiar with that general premise?
A Every case is different. I've seen kids -- I've heard of kids killing, so what difference does that make, sir?
Q Well, no, the reason I asked you that is because I've got your letter that you sent to the court on it. You make particular references, Well, he may be 19, but we look in his eyes. Mr. Silva, you were being arrested when you were 19, weren't you?
A I don't see how that's relevant, sir. I didn't break into people's home.
Q You broke into their cars?
A I didn't break into nobody's car.
Q Burglary of an automobile?
A It was dismissed. It was mistaken identity.
Q Evading arrest?
A If you --
Q Multiple DWIs, assaults. You had ten arrests when you were young, didn't you?
A What does that have to do with anything, sir?
Q Well, it has to do with your opinion and the ability of somebody to change.
A Let me -- let me explain something to you. Number one, okay, you're telling me that because  something happened 30 years ago, 25 years ago, I should be turning the other way and just get raped.
Q No, I'm saying that you should understand --
A No, I shouldn't, sir.
Q -- that a 19-year-old --
A I'm sorry. No, I shouldn't.
Q -- has not fixed is personality at that point and there is --
A No, sir, I disagree with you.
Q -- reason for change.
A You're putting words in my mouth. I should not. I don't have to. I'm a victim, sir.
Q Well, you know, the -- you're also -- you do have something else in common with him, you're both
felons, right?
A I have a DWI. I'm not a thief.
Q But you're a felon?
A I have a DWI, sir, 22 years ago.
Q Okay.
A And I paid my restitution. I employ over 50 people and I pay over a million dollars in taxes.
Q All right. But for the purposes of our hearing here, you have been finally convicted of a felony DWI --
A I pled guilty for a DWI. Q -- have you not?
10 THE COURT: Mr. Silva, this thing will go a lot smoother and a lot quicker if you just answer the
question.
MR. SILVA: I feel like I'm the defendant here.
THE COURT: Well, I know. Are you a convicted felon, yes or no?
MR. SILVA: Yes, sir.
THE COURT: Okay. All right. There you go.
Q (By Mr. Stapleton) And that was based on it being your third conviction for DWI, wasn't it?
 A Yes.
Q All right. Now, Mr. Silva, what this really is about is a political battle that you've been having with
Luis Saenz, isn't it?
A Oh, my gosh. What does that have to do with anything? No.
Q It has to do with your bias and prejudice and why --
THE COURT: The answer is no.
Q (By Mr. Stapleton) All right. Did you, in fact, oppose him for the -- during the last election?
A No.
Q You didn't?
MR. SILVA: Your Honor, I don't see how this is relevant.
THE COURT: Just answer no?
A No.
THE COURT: The answer is no.
Q (BY Mr. Stapleton) Did you give money to his opponent?
 A No.
Q All right.
THE COURT: Are you saying that just because everybody opposes Luis Saenz, they're out to get him or embarrass him afterwards or what?
 MR. STAPLETON: No, what I'm saying is in this particular case that he had an opportunity, a tool to embarrass Luis Saenz, and he was doing it over the back of this young man.
THE COURT: And how would that come about?
Mr, Stapleton: Well, because it happens, and therefore, he then -- well, if I can read to him what he says. He says in his letter, We have a district attorney, Luis Saenz, that doesn't care for justice. He
has ignored numerous phone calls from me and refuses to hear me out. We feel we have no justice in Cameron County. The state is failing to do its job. He is using this case as a vehicle for his political agenda.
THE COURT: But how would he know that this the case is going to turn out the way he wants it or the way he thinks it's going to turn out? How does he know that to be able to use it as a platform? That's a lot of assumptions. What if I send him to prison, what is he going to do then?
Mr. Stapleton: Well, he still blames Luis Saenz, Judge.
THE COURT: That I sent him to prison?
MR. STAPLETON: Well, he can blame Luis Saenz for not doing his job. I mean, they made the  recommendation.
THE COURT: And what standing would he  have to do that? I mean, he'd be failing on all fours on that one because not only did he get arrested, but he got convicted, he got prosecuted, and he's in the penitentiary. I'm not sure what a district attorney can do after that.
Mr. Stapleton: Well, let me wrap it up with this, Judge.
THE COURT: Thank you.
Q (BY Mr. Stapleton) Mr. Silva, at the very least, would you be willing to consider, to open your mind to the possibility that you have overcome an early history and maybe he will be able to do so also given a chance?
A No.
Q All right.
MR. STAPLETON: I pass the witness.

 

REDIRECT EXAMINATION

 BY Mr. Teniente:

Q Mr. Silva, is there anything else you wanted the judge to know or anything you want to clear up?
A Yeah. I want to be able to clear up that whether the circumstances, whether I -- it happened 22
 years ago, Your Honor --
Q Basically that's irrelevant?
A That's irrelevant.
THE COURT: Well, the point he made was a point that he made. Nothing more than that is taken.
The point is, you got an opportunity back then when you were not using your judgment. He wants to know why he can't he have that same opportunity when he didn't use his judgment. That's all he's saying.
MR. SILVA: Okay.
THE COURT: The fact that you have your problems and you -- you're right. It has nothing to do with nothing, but what he's driving home is the point that you got a break, otherwise you wouldn't be here.
Nobody sent you to the penitentiary when they could have, right? But they didn't. They give you a chance and said, Let's see if he can, and here you are. You have a successful trucking business. You're well-respected in the community. Everything came back to you in the form through hard work. He's wondering why would it not be a possibility for him to achieve the same thing that you  achieved when you had a bad start in life? That's all he's saying as a premise.
MR. SILVA: I didn't break into you six homes, Your Honor.
THE COURT: I understand the level in your -- the difference in your crimes are different. I understand that. That you did whatever. This has nothing to do with breaking into peoples' homes, but it's still breaking the law under the umbrella of breaking the law. You had an opportunity and you were able to do something with that. He wants to know why he is not entitled to an opportunity to show that this is not him and that he will succeed in life and he will become a productive member of society. After all, Mr. Silva, you need to understand, and I hope you do subscribe to this one, that as a result of the society's approach to some of these young ones, the young ones that get into this mess unexpectedly, that they don't blow their life away because there is a life to be recovered and there is a life to be lived later on as you have done. That's all he's saying.
MR. SILVA: Does he have a job?
THE COURT: He's going to get a job. Look, this is what I intend to do and I wanted to do -- I'm not telling all of it, but if I gave him probation, one condition: You better not be seen in that neighborhood. If you get picked up in that neighborhood, you see him, you call the cops and say, This guy is not supposed to be in the neighborhood. He gets picked up in the neighborhood, he's gone to the penitentiary for whatever time. He's gone. I promise you that much. Let's be clear about that, okay?
THE DEFENDANT: Yes, sir.
THE COURT: He's gone. The other thing I'm going to say, restitution, Mr. Kennedy says, If he gave me $6,000, you know what, I'll be willing to sit back and watch him. Hopefully he'll succeed or hopefully not. Did I get you wrong?
MR. KENNEDY: That's right.
THE COURT: That's what he said, I'm willing to give him a chance, but if he gives $6,000 on what damage he did, okay. That's what he's asking you now to consider that. Guy's 19 years old, stupid. He didn't use the right judgment. He committed -- he could have ended up dead, especially if those dogs would have gotten a hold of him, I'm sure they would have torn him to pieces. Mr. Kennedy's dogs. He was lucky that the dogs didn't come out and chase him down because he wouldn't be here in one piece.
MR. KENNEDY: I agree.
THE COURT: He was lucky. But he knows and he's going to find out, you have weapons. There's
not a single person that doesn't have a weapon in their home. Next time he breaks into somebody, they're not going to say, Who is it? They're just going to start shooting and he'll be there. One day you're going to read: Stevie Ray Garcia found dead in the kitchen full of lead. That's the way he wanted to roll. That's the way he wanted to exit this world on somebody else's kitchen floor dead. You understand me?
MR. SILVA: I understand you, but can I ask you something else?
THE COURT: You certainly can.
MR. SILVA: I don't appreciate everything that Mr. Stapleton said. I wondered if I could have it
taken away because I understand that this is political. He's making it political.
THE COURT: Well, I don't understand. I want to tell you something, Mr. Silva. I don't understand his point about that either, but I don't think he made a point with me anyway.
MR. SILVA: Yeah, but he wants a public record, though.
THE COURT: Well, I don't know why. I'm not sure if I'm in the middle of something political between you and Mr. Stapleton.
MR. SILVA: I don't what came out of this.
THE COURT: All right.
MR. SILVA: I have no idea, man.
THE COURT: Okay.
MR. SILVA: Can it be stricken?
THE COURT: Do you understand what I'm  saying?
MR. SILVA: Yes, sir, I understand, but can it be stricken?
MR. STAPLETON: What is the request?
THE COURT: That you stand by your cross-examination of him?
MR. STAPLETON: Oh, absolutely I stand by it. I've got another hour of cross if he wants to continue, Judge.
 THE COURT: Oh, yeah. Well, do you want to ask me for permission before you do that?
MR. STAPLETON: I pass the witness.
THE COURT: Thank you.
MR. STAPLETON: But I think my cross was perfectly appropriate and I stand by it.
THE COURT: All right. Mr. Silva, I think you can step down. You need anything else?
MR. TENIENTE: No. No more questions of  this witness from me. No more witnesses.

THE COURT: Mr. Stevie Ray Garcia, come on up. Are these normally state jail felonies, all four of
them?
MR. STAPLETON: Yes, Your Honor.
THE COURT: Mr. Teniente?
MR. TENIENTE: Yes, they are, all four cases, yes. As he's pled to them they're all state jail.
THE COURT: Can you approach? Can I shock him out of there?
MR. TENIENTE: Yeah.
THE COURT: State jail?
MR. TENIENTE: Yeah.
THE COURT: All right. That's what I'm going to do for a little bit, a couple of months. He
needs to see where he's going to go. It is the order, judgment, and decree in Cause Number 2016-DCR-98...Cause Number 2016-DCR-99...Cause Number 2016-DCR-100...and Cause Number 2016-DCR-109...that you be taken by the sheriff of this county and that you be transferred to the authorized receiving agent of the Institutional Division of the Texas Department of Criminal Justice state jail facility, where you shall be confined for a period of two years. All four sentences to be run concurrent. Your sentence will commence this day and you'll be given credit for anytime you spent in jail. The court will not assess a fine. Good luck.