(Ed.'s Note: The dismissal and the acquittal of Cameron County Tax Assessor-Collector Tony Yzaguirre and five other tax office staffers on a combined 40 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. The cases were prosecuted under the direction of Cameron County District Attorney Luis V. Saenz. We will publish each of the victims' stories that form the basis of the complaint with the DPS Inspector General. This is by Marisol Sifuentes, a tax office vehicle-title clerk.)
By Marisol Sifuentes
Complaint
My name is Marizol Sifuentes, I am over the age of eighteen (18) years; I am of sound mind and capable of making this affidavit; I am fully competent to testify to the matters stated herein; and I have personal knowledge of each of the matters stated herein.
This written affidavit is made pursuant §614.021 of the Texas Government Code, complaining of the wrongful and unlawful conduct engaged by Rene Aaron Olivarez, a Texas Peace Officer employed as Special Agent by the Texas Department of Public Safety (DPS) ID No. 1 1884.
I further request that Agent Olivarez be criminally investigated for, including but not limited to, violations of the Texas Penal Code, specifically Abuse of Official Capacity and Official Oppression.
On April 13, 2016, Agent Olivarez walked into my office where he proceeded to handcuff me and then parade me through my office for all to see. Prior to encountering Agent Olivarez, I had never been arrested for anything in my entire life. He falsely arrested me in order to coerce and intimidate me. This kind of behavior is wrong and should not be tolerated.
Agent Olivarez prepared offense reports charging me with the felony crime of Breach of Computer Security. His actions led to the news media putting my photograph in the newspapers and on TV for all my family, friends and neighbors to see.
This was extremely humiliating and degrading. Agent Olivarez knew I had not done anything wrong but arrested me in retaliation for detecting one of his sting titles. As his arrest was bogus, no charges were officially filed. Nonetheless, the harm he caused was tremendous.
On June 23, 2015, Agent Olivarez sent in his informant Melquiades Sosa, with a title application that Agent Olivarez was trying to sneak through our office. Based on my training and experience, the paperwork was suspicious.
My supervisor Lt. Joe Mireles is the one who verifies data through the National Insurance Crime Bureau Data Base (NICB); however, that day he was out of town at a law enforcement training seminar.
As I did not want to take any chances of our office processing a fraudulent application and in order to be thorough, I called supervisor Mireles to advise him of the situation. At that time, he provided me with a temporary password and he instructed me to access the NICB Data Base.
My suspicion turned out be correct as the title turned out to be a junk title. It is my job to look out for fraudulent or false applications such as the one presented by Olivarez's informant and that is exactly what I did. Agent Olivarez's informant was provided with a rejection letter advising him of the reason our office was rejecting his paperwork.
This obviously upset Agent Olivarez as this action went against the theory of his case. In other words, Olivarez was hoping that our office would look the other way and process the application. My rejection letter threw a wrench into his plans.
Agent Olivarez prepared offense reports charging me with the felony crime of Breach of Computer Security. His actions led to the news media putting my photograph in the newspapers and on TV for all my family, friends and neighbors to see.
This was extremely humiliating and degrading. Agent Olivarez knew I had not done anything wrong but arrested me in retaliation for detecting one of his sting titles. As his arrest was bogus, no charges were officially filed. Nonetheless, the harm he caused was tremendous.
On June 23, 2015, Agent Olivarez sent in his informant Melquiades Sosa, with a title application that Agent Olivarez was trying to sneak through our office. Based on my training and experience, the paperwork was suspicious.
My supervisor Lt. Joe Mireles is the one who verifies data through the National Insurance Crime Bureau Data Base (NICB); however, that day he was out of town at a law enforcement training seminar.
As I did not want to take any chances of our office processing a fraudulent application and in order to be thorough, I called supervisor Mireles to advise him of the situation. At that time, he provided me with a temporary password and he instructed me to access the NICB Data Base.
My suspicion turned out be correct as the title turned out to be a junk title. It is my job to look out for fraudulent or false applications such as the one presented by Olivarez's informant and that is exactly what I did. Agent Olivarez's informant was provided with a rejection letter advising him of the reason our office was rejecting his paperwork.
This obviously upset Agent Olivarez as this action went against the theory of his case. In other words, Olivarez was hoping that our office would look the other way and process the application. My rejection letter threw a wrench into his plans.
Not only did I have consent to access the NICB system, but I was provided with a temporary password and instructed to do so by my supervisor, Lt. Joe Mireles. At the time he arrested me, Agent Olivarez knew full well that I was provided authority to access the database. If he now contends that he didn't know, then he is taking the position that he arrested me without first bothering to find out.
(Trial Transcript Olivarez P. 15, L. 10-14.)
Q. So when you-guys found out that this title that was supposed to go through didn't go through, you-guys couldn't determine how the tax office could have figured this out, correct?
A. That's correct, sir.
(Trial Transcript Olivarez P. 152, L. 5-8.)
A. That's correct, sir.
(Trial Transcript Olivarez P. 152, L. 5-8.)Q. Okay. But when she actually did the check and balance, sir, that caught your transaction, you had her – you had her arrested after this: isn't that true? A. Yes, sir.
Prior to arresting me, Agent Olivarez knew that I had authority to access the database. This is important as the Breach of Computer Security allegation that he arrested me for requires lack of consent:
(Trial Transcript Olivarez P. 25, L. 16-18.)
Q. And she told you that she was given a temporary code, correct?
A. She said she was given temporary access.
A. She said she was given temporary access.
(Trial Olivarez P. 26, L. 6-16
Q. And that you said she's looking at sentences higher than three times than getting arrested for a WI. Three times? A. Correct, sir.
Q. Okay. And engaging in organized crime?
A. That is correct, sir.
Q. Now, you've told her that she is looking at serious felonies, correct?
A. That's correct, sir. (Trial Transcript Olivarez P. 27, L. 9-14.)
Q. Okay. Do you still believe that this young lady, basically, because she was suspicious of a fraudulent title and got a temporary code to access the system so she could do her job, do you still think today that what she did was very wrong?
A. That is correct, sir.
Q. Now, you've told her that she is looking at serious felonies, correct?
A. That's correct, sir. (Trial Transcript Olivarez P. 27, L. 9-14.)
Q. Okay. Do you still believe that this young lady, basically, because she was suspicious of a fraudulent title and got a temporary code to access the system so she could do her job, do you still think today that what she did was very wrong?
A. She accessed a secure database, sir, and, yes, that is wrong...
(Trial Transcript Olivarez P. 27, L. 9 P. 30, L. 14.
Q. Never been arrested, correct?
(Trial Transcript Olivarez P. 27, L. 9 P. 30, L. 14.
Q. Never been arrested, correct?
A. That is correct, sir.
Q. Never been in any kind of trouble in her entire life.
A. That's correct.
Q. Basically spent pretty much her adult life checking titles at this man's office?
A. I don't know what all her duties were, sir, but when she was – when she was being interviewed, she was checking the titles.
Q. So, yesterday, you testified that you were concerned about the informant's civil rights, correct?
Q. Never been in any kind of trouble in her entire life.
A. That's correct.
Q. Basically spent pretty much her adult life checking titles at this man's office?
A. I don't know what all her duties were, sir, but when she was – when she was being interviewed, she was checking the titles.
Q. So, yesterday, you testified that you were concerned about the informant's civil rights, correct?
A. Yes, sir.
Q. You care about civil rights?
A. Yes, sir...
Q, Okay, She then came back, and you told her to put her hands behind her back, correct?
A. Probably so, sir.
Q. And you put handcuffs on her, correct?
A. That's correct, sir.
Q. And then you paraded her down the hallway through the tax office crying. A. I don't know if she was crying, sir, but we took her out of the tax office. Q. Walked her out with handcuffs in front of everybody.
A. She was walked out of the office, yes, sir.
Q. There's people there, sir, right? Correct?
Q. You care about civil rights?
A. Yes, sir...
Q, Okay, She then came back, and you told her to put her hands behind her back, correct?
A. Probably so, sir.
Q. And you put handcuffs on her, correct?
A. That's correct, sir.
Q. And then you paraded her down the hallway through the tax office crying. A. I don't know if she was crying, sir, but we took her out of the tax office. Q. Walked her out with handcuffs in front of everybody.
A. She was walked out of the office, yes, sir.
Q. There's people there, sir, right? Correct?
A. Yes, sir, it was during business hours.
Q. Okay. It was done in front of all the tax employees.
A. I don't know who all saw it, sir.
Q. Okay. It was done in front of all the tax employees.
A. I don't know who all saw it, sir.
Q. And she was taken to jail, correct?
A. That is correct, sir.
Q. She had to make arrangements for bond, correct?
Q. She had to make arrangements for bond, correct?
A. I guess so, sir. I wasn't present for that.
Q. She had to spend money on lawyers, correct?
A. I don't know, sir. I've never met her lawyer.
Q. You know that let me show you this picture.
Q. You know that let me show you this picture.
Do you recognize the young lady there?
A. It's the same lady that was up on the screen, sir, Marizol Sifuentes.
Q. She was placed on the news, correct?
A. Yes, sir.
Q. With her mugshot.
A. It's the same lady that was up on the screen, sir, Marizol Sifuentes.
Q. She was placed on the news, correct?
A. Yes, sir.
Q. With her mugshot.
A. Okay, sir.
As a result of his illegal conduct and flagrant
abuse of power, I was humiliated in front of my friends, co-workers and most
importantly my family. I had to borrow thousands of dollars in order to bond
out of jail and hire a lawyer.
The felony arrest remains on my record as I have
not been able to raise sufficient funds to hire an attorney to have my record
expunged. A simple Google search will pull up my mugshot.
6 comments:
Marisol, file a lawsuit against all these clowns and i guarantee you will get some money. Dont worry its not their money anyways.
What or who encouraged this agent to carry out this investigation? There is definitely more to this story. Hopefully someone can get to the bottom of what motivated this officer to break the law while working on this case. There is definitely someone else involved with the actions taken by agent Olivarez
Take them to the cleaners, hire the scumbag Rene Oliveria as your lawyer, he has enough on "No Balls DA Luis Saenz" to get a quick few million dollars without waiting years.
Man I hope that guy never has to run to the toilet...
I can remember the day when the Texas Department of Public Safety was a great example of professional law enforcement. Their troopers and agents were trained to a fine edge and never made childish mistakes, like that which subjected these folks to bogus charges that damaged them so badly.
I can remember the day, when a former rocker, wed designer, far left socialist flake would be laughted out of a race for Texas Senator.
I wonder what happened to the Texas we knew and loved? I see things around me that make no sense whatsoever.
It is just like No balls Luis Saenz to go after the innocent people while the scumbag Rene Oliveria gets away with drinking and driving, and under the impression influence of drugs, causing an accident, leaving a scene of an accident then refused to take a breathalyzer, and the DA will not release the result of the blood test. Then he let's the scumbag Rene Oliveria laugh at his bond conditions any other person would still be in jail. Let him explain that to Bubba when he gets to meet Armando.
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