Wednesday, August 8, 2018

D.A.'S NEPHEW LAST DWI SHOWS HE'S LIVED "ABOVE THE LAW"

By Juan Montoya
As we see it, there can only be two explanations to the luck that Victor Allan Garcia has had in dealing with his travails with the Cameron County criminal judicial system.

One, he is either favored by God who has appointed him his personal guardian angel, or, he has a cast of supporting characters which include his uncle Cameron County District Attorney Luis V. Saenz, a judge or two, special prosecutors, and the treasury of the county which has paid for his defense on various charges including a previous DWI, and an accident involving serious bodily injury or death.

In every one of the cases (there at least five since 2006), he has been able to walk away and sin and sin again.

The latest, as has been amply reported in local blogs, was his Aug. 1 arrest by the Brownsville Police Dept. for yet another DWI.

What will happen this time?

Let's take a look through the years and see how this blessed child has tiptoed his way through this minefield of misdemeanor and felony charges to walk the streets a free man. Notice, if you will, the cast of supporting characters that seem to appear at the most opportune times to pave the way open before him.

(06-CCR-0004877)
Image result for laura betancourtDate of Offense: March 22, 2006
Filed July 24, 2006: Charge: Adult Misdemeanor Theft (Class B, above $50 and below $500)
Court and Judge: County Court-at-Law 2, Laura L. Betancourt
Attorney: Angel Nix
Disposition: Pleaded guilty, given Deferred Adjudication, 4 months probation

(2014-DCR-00122)
Date of Offense: Sept. 9, 2013
Filed January 22, 2014: Charge: Intoxication Assault with Vehicle Causing Severe Bodily Injury
Court and Judge: 103rd District Court, Janet Leal
State Attorney: Special Prosecutor (Appointed) Edmund K. Cyganiewicz
Def. Attorney: (Court Appointed) Ed Stapleton
Disposition: Dismissed March 28, 2014
Order to pay Attorney Pro-Tem: Judge Benjamin Euresti, Oct. 20, 202014

(2014-DCR-00125)
Date of Offense: Sept. 9, 2013: Charge: Accident Involving Injury or Death
(Arising from the same case as 2014-DCR-00122)
Filed January 22, 2014
Court and Judge: 103rd District Court, Janet Leal
State Attorney: Special Prosecutor (Appointed) Edmund K. Cyganiewicz
Def. Attorney: (Court Appointed) Ed Stapleton
Disposition: Dismissed October 15, 2014 by Janet Leal

(2014-CCR-03424) 
Date of Offense: Sept. 9, 2013 Charge: Failure to Report Felony With Serious Bodily Injury or Death
(Arising from same incident as (2014-DCR-00122) and (2014-DCR-00125)
Filed: August 4, 2014
Court and Judge: County Court-at-Law 2, Laura L. Betancourt
Image result for ed stapletonState Attorney: Special Prosecutor (Appointed) Edmund K. Cyganiewicz
Def. Attorney: (Court Appointed) Ed Stapleton
(Retained counsel) Noe Garza
Disposition: Pleaded no contest, granted deferred adjudication (for the second time), 12 months probation
April 25, 2016, Court forwards Court Appointed Stapleton's claim for payment to District Attorney's Office

(2015-CCR-04204)
Date of Offense: June 7, 2015 Charge: Diving While Intoxicated
Filed: October, 1, 2015
Court and Judge: County Court-at-Law 2, Laura L. Betancourt
State Attorney: Special Prosecutor (Appointed) Edmund K. Cyganiewicz
Def. Attorney: Noe Garza, replaced by Attorney Pro-Tem (paid by public) Oct. 10, 2016 
Disposition: Deferred Adjudication, no fine, and 180 days in jail with credit for time served. Sentence to run concurrent with all other cases
April 25, 2015: Court forwards Attorney Pro-Tem's expense claims to DA's Office to be paid by public

(2016-XMG-01222) 
Magistrate Adolfo Cordova's Court Charge: Public intoxication
Date of Offense: May 3, 2016
Disposition: Fine paid
 
The most serious felony cases cases that were dismissed stemmed from the September 2013 accident when he struck a 21 year pedestrian while driving drunk. In an effort to fool the police, Victor and his sister, Kacie, switched seats to make it appear that she was driving.

Brownsville PD said both siblings were drunk.

The victim, Gilbert Perez, suffered horrible injuries. We reported at the time that:
"Perez spent weeks in the Intensive Care Unit at Valley Regional Medical Center in Brownsville with broken legs, a ruptured liver, swollen brain and injured spinal cord.

After six weeks, he was still hospitalized and doctors had to implant three rods to allow him use of his crushed legs.
The victim was on life support systems and had to use machines to help him breathe."

Despite the serious charges, the DWIs, the failure to call an ambulance, the attempt to hinder the investigation, their uncle District Attorney Saenz's office bent over backwards to show extreme leniency in the case.

The cases never went to a jury because their court-appointed defense attorney Ed Stapleton worked out a deal with the Special Prosecutor Cyganiewicz. Instead the court (Betancourt) accepted his no contest plea to a misdemeanor charge (2014-CCR-03424) and granted deferred adjudication (for the second time) and 12 months probation.

Originally, the case was to be heard by 103rd District Judge Janet Leal, but she recused herself and visiting Judge Romeo Flores heard the case. Leal was Saenz's partner in their law firm along with Chester Gonzalez.

In Kacie's case, the DWI and the IntoxicaTion Assault With a Motor Vehicle were dismissed as part of the plea bargain agreement. She pleaded guilty to the felony charge of Accident Involving Injury or Death.

The DA's office (Special Prosecutor Cyganewicz) agreed to the dismissal of the two charges and to have Flores sentence her to five years probation and to apply deferred adjudication after that so that the offense would not show up on her record.

Now, a week ago, according the Brownsville Police Department website, Victor Garcia was arrested once again for DWI.

Nice to have friends (or uncles) in high places, ain't it? As long as there money for the public to pay fr your defense and your uncle to run cover for you, why worry?

18 comments:

Anonymous said...

He's got uncles, you had Ben Neece. Mexicans at play.

Anonymous said...

POS just like his uncle. Both need to face consequences for their shitty criminal behavior!! Pafuckingthetic!! Wake up ppl....this shit needs to stop!

Anonymous said...

It pays to have a crooked relative or a friend who is the DA of Brownsville. He is only free because he ratted out Armando Villilobos, and sent him to jail, unfortunately he will soon be joining him.

Anonymous said...

Ya ni la chingen! What the hell is going on and why is this allowed by higher ups? How many nephews and nieces does Luis bigoton have to adjudicate and set free for all their chingaderas. He started with Joey who stole from the terminally ill, and now these other two. Who do this two belong too?
Why does someone not call the rinches in or report it to 5 on Your side and have Rick Diaz run it Con Mi Gente Chingona! Maybe I should do this, but Juan, how can I just forward this documentation to Channel 5. Tell me and I will if you can or won't. This has to come to light where it counts. Enough is enough, so people register to vote! Kick all these idiots out of office.
I've lost my faith in Janet and Laura! I guess they are following the leader with Cornhole.

Anonymous said...

Its the fking judges too they all need to go!!!!

Anonymous said...

When Luis Saenz gets caught who will be next scumbag to replace him. He will become a millionaire overnight just like Luis Saenz.

Diego lee rot said...

Life ain’t fair

Anonymous said...

We need to keep up, and remember Luis Saenz next election, he is nothing but an SOB, pura caca!!!

Anonymous said...

Special favors within our judicial system continue. The DA's nephew is a piece of shit and yet gets judicial favors from judges and attorneys. Reminds us of Aurora de la Garza's son, who stole about $150,000 from a local hospice and was given special consideration by the Sheriff's office (refused to arrest dear Joey), by the DA (failed to give the hospice management an opportunity to be in court), and the Judge (deferred adjudication and later dismissed the charges). So "Little Joey" never spent a day in jail and later was hired by the county to a position where he used his mommy's maiden name. Luis Saenz is and has always been a slime ball and uses his position manipulate the political environment to be favorable to him. Luis Saenz is a "Shitbird" and is an example of what is wrong with the local judicial system.

Anonymous said...

Wow this is so funny, no Smith or Jones involved here. From the time of Rey Cantu till now, no Smith or Jones. Always follow the money.

Anonymous said...

This is DISGUSTING. Driving drunk is the most reckless disregard for human life. NO MORE FAVORS. LOCK HIM UP.

Anonymous said...

This kid has gotten away with this for a long time and nothing will change.

Anonymous said...

What did the DA mentioned on the fajita caper? He forgot to say only the ones without any pull. Lets sent all to jail to make an example. What else did he say and who was the DA???

Anonymous said...

Wow!!!!
Luis needs to go!!!

Anonymous said...

If the fajita guy got 50 years this person should get life.

Anonymous said...

Curious if News reporter Daisy Martinez will cover this story? Victor Is her boyfriend. She sure knows how to choose them. If they don’t do something about this, next time it will be at the expensive of a life. Wake up Mr. Saenz your wife’s family is going to bring you down!

Anonymous said...

The DA Luis Saenz will be in jail before the next election, as some Cocain headed scumbag will sing rather than join Armando Villalobos.






Anonymous said...

Victor literally went to jail for this. What else do you all want from the dude?

rita