YZAGUIRRE'S COMPLAINT WITH THE DPS INSPECTOR GENERAL

(Ed.'s Note: The dismissal and the acquittal of Cameron County Tax Assessor-Collector Tony Yzaguirre and five other tax office staffers on combined criminal counts of bribery, abuse of official capacity, official oppression, engaging in organized criminal activity, tampering with government records, and breach of computer security, has triggered a complaint against two Texas Department of Public Safety investigators. A Nueces County jury acquitted Yzaguirre 15 charges, and eight others were dismissed during trial. The charges against the five defendants were dismissed after Yzaguirre's acquittal. In subsequent posts We will publish each of the victims' stories that form the basis of the complaint with the DPS Inspector General.)

By Tony Yzaguirre

 COMPLAINT:

"On Jan. 5, 2016, officer Rene Olivarez submitted a complaint to Judge Elia Cornejo of the 404th Judicial Court of Cameron County, Texas. In said complaint (he) swore under oath that he had "good reason to believe" that on or about Dec. 15, 2015, (I) had committed the offense of Bribery, alleging that I did then and there accept $200 in cash from his informant Mr. Melquiades Sosa as consideration for not verifying the identity of the applicant seeking said transfer.

Ignorance of Applicable Law

"Though Agent Olivarez knew that the crux of this his investigation and his numerous allegations were based on automobile title transfers, he eventually testified under oath that he was unaware of the law pertaining to (those) transfers...

"Mr. Sosa had been previously arrested by Olivarez and charged with nine felonies. (He) was caught illegally tampering with government records and forging documents...Olivarez along with the Cameron County District's Office, agreed to dismiss all the criminal charges (against him) if he would help build a case against me. In other words, I became the target...

"Olivarez contended that I was waiving the requirements of proof of insurance and ID in exchange for bribes...However, unbeknownst to Olivarez, there is a "motor vehicle dealer" exception to the above verification requirements. In other words, if title transfers are being sought by an automobile dealer or a runner for said dealer or if the titles themselves are dealer titles then the identity and insurance requirements are waived..."

"...Olivarez knew that (Sosa) was an automobile dealer and as such was in the business of buying and selling cars...

"And because he (Olivarez) was ignorant of the law, he manufactured dealer titles with valid dealer numbers which he then provided to his informant as part of the sting operation. Because he was ignorant of the dealer exception, he incorrectly assumed that I was getting paid not to check the informant's ID and insurance."

(Trial transcript of Olivarez testimony P. 83, Line 6-18)

Q: "And then your office, (he comes back and tells you that they've been rejected, correct?...And he explains to you this issue with the dealer numbers, correct?...
A: Yes, sir.

Q: Okay. So your office does some research, finds some legitimate dealer numbers, and puts them into this title, correct?...Now, once you did that, the titles made it through, correct?
A: "Yes, sir." 
Q: Okay. But since you didn't know, you went ahead and arrested Mr. Yzaguirre anyway, right?
A: Yes, sir."

  Disregarded Exculpatory Evidence

(Trial transcript of Olivarez testimony P.13, Line 20-25, P. 140, Line 1-11)

Q: So now we have the (application for title) rejection of June 23, rejection of June 25th, rejection on September 17, and now we have another rejection Dec. 10th, correct?
A: Correct, sir. 

(Trial transcript of Olivarez testimony P. 61, Line 20, P. 62, Line 4,)

Q: (By Lucio): Now here, agent Olivarez, again your own informant is telling you that when he goes in there, Mr. Yzaguirre tells his staff to check it, check it good, and to make sure that everything is fine, correct?
A: He's telling them to check the papaerwork, sir, only.
Q: Okay. And, again, this doesn't cause you to doubt your belief that bribery is going on, correct?
A: No sir."

"Mr. Sosa put agent Olivarez on notice that he would help campaign for me and collect campaign funds in that regard. In other words, it would not be unusual for him rto have dropped off money for campaign bbq tickets.

(Trial Transcript of Olivarez P. 122, L. 5-14.)

Q. Now, in there, Mr. Sosa never told you one time that he's bribing, so that nobody checks him for driver's license or insurance, correct? 
A. That's correct, sir,
Q So, in fact, when you asked him, basically what he says, that mon- if he's given any money, or any money is given, it's basically for campaign contributions.
A. Correct, sir. It was given for campaign contributions. 

Knowing this, agent Olivarez set up a video sting wherein informant drops off money...agent Olivarez twisted the dropping off of campaign money into a bribery allegation."

(Trial Transcript of Olivarez P. 78, L. 10-14.)

Q. Out of all the contacts that he had with Mr. Yzaguirre, isn't it true that the only times that he's seen dropping off money on any video is after a barbecue takes place? Yes or no?
A. Yes, sir.

                                         Ignores Doubts of Fellow Investigators(Trial Transcript of Olivarez P. 102, L. 15 - P. 103, L. 2

Q. Okay. She's saying, "I'm not seeing any money -- handing any money directly"?
A. Correct, sir,
Q. Now, you had already heard, even though you're saying "1 wasn't present in that car, " before arresting Mr. Yzaguirre, you said you had already heard Janie Alvarado express that sentiment to you. 

A. Yes, sir. 

Q. So now you have another agent from another completely separate different agency telling you that he in his opinion, Mr. Yzaguirre is not accepting it, correct? 

A. You'd have to ask him exactly what he meant by that, sir. 

Q. Okay. But you just heard him say that, right? 

A. Yes, sir.
                                                       

  Conclusion

"The damage to my reputation is irreparable. Any reasonably prudent law enforcement officer would agree, Agent Olivarez was beyond reckless and clearly abused his power at numerous points of his investigation. I respectfully request that he be criminally investigated as a result of his
malfeasance. 

If Agent Maza was aware of Mr. Olivarez's actions, then he too shares the blame and must be sanctioned as well. If Agent Maza was ignorant of Agent Olivarez's actions as he claims, then he nonetheless is to blame for his reckless disregard.

I ask that you take this complaint seriously as Agent Olivarez should not be allowed to continue applying the tactics he employed in this matter."

Next: Sgt. Pedro Garza Complaint