DPS, DA'S DIRTY DEEDS STAIN 30-YEAR OFFICER'S REPUTATION

By Jose Mireles

Special to El Rrun-Rrun

This written affidavit is made pursuant §614.021 of the Texas Government Code, complaining of the wrongful and unlawful conduct engaged in by Rene Aaron Olivarez, a Texas peace officer employed as Special Agent by the Texas Department of Public Safety (DPS) ID No. 11884. 

I further request that Agent Olivarez be criminally investigated for violations of the Texas Penal Code, specifically §39.02 Abuse of Official Capacity and §39.03 Official Oppression. Agent Olivarez was the lead investigator for DPS in the State of Texas criminal case against me and other members of Cameron County Tax Assessor-Collector's Office for alleged criminal activity within that office labeled "Dirty Deeds."

I am a licensed master peace officer of this State and have been in law enforcement for over 30 years. I have been employed with the Cameron County Tax Assessor Collector's Office since 2001. 

Prior to my arrest, I served as the Lieutenant for the Auto-theft Task Force within that office, my duties were to supervise the vehicle registration department of the tax office, detect and prevent automobile crimes in Cameron County. Prior to agent Olivarez getting involved in my life, I had never been arrested.

I am a dedicated father of two children and have been married for over 20 years.
Because of Olivarez's wrongful actions and questionable investigative techniques, on January 6,
2016, I was arrested at my place of employment and indicted for numerous felony counts of
Bribery, Official Oppression, and Engaging in Organized Criminal Activity.

On August 19, 2016, after realizing that Olivarez's investigation was without merit, the Cameron County District Attorney's Office under Luis V. Saenz had no alternative but to dismiss all charges against me. 

By this time, I had been publicly humiliated in the news media, my family and I endured many months of emotional distress, I lost my job, I lost my only source of income to support my family and I was forced to spend thousands of dollars in bonds and attorney's fees. 

Agent Olivarez also had my Texas Peace Officer's license revoked. Agent Olivarez's actions led to considerable amount of economic and personal hardship.

On January 5, 2016, officer Olivarez submitted various general complaints and warrant affidavits to Judge Elia Cornejo Lopez of the 404 th Judicial District Court of Cameron County, Texas. 

In said complaints Olivarez under oath, accused me of engaging in organized criminal activity, official oppression and participating in an alleged bribery scheme within the Cameron County Tax Office. Olivarez claimed that I contributed and participated

in the profits of the alleged bribery scheme of Tony Yzaguirre, Jr., the Cameron County Tax

Assessor-Collector. 

 Olivarez Falsely Swore I Took Bribes, As Did DA Luis Saenz, Without Evidence

Olivarez (at right)  affirmed that his informant Mr. Melquiades Sosa (at left) paid a cash bribe to Yzaguirre as consideration for processing faulty motor vehicle title transfers and that I shared in said bribe.

(Sosa had copped a plea with the DA's Office to dismiss nine counts of Tampering With a Government Document in return for his false testimony. All nine counts were dismissed by Saenz.)

If one were to ask Olivarez, what evidence he had that I received a bribe, his response would surely be "none."  His allegations against me were nothing more than conjecture
and speculation. No witness ever told him that I accepted a bribe. No video ever showed I accepted a bribe. No audio showed I accepted a bribe. His investigation yielded no evidence whatsoever that I
ever accepted a bribe.

He basically pulled this allegation out of thin air so that he could arrest me and then coerce me. The same applies to his engaging in organized criminal activity and official oppression allegations.

Olivarez...eventually testified under oath that he was unaware of the law and rules pertaining to title transfers. Because he did not know the law, he based his entire investigation around an incorrect premise. I was allegedly splitting a $100 bribe with at least 2 other people so that the tax office would waive proof of ID and insurance requirements.

...Aside from not knowing the law at the heart of his case, his allegation absurdly assumes that I would jeopardize my career for a grand total of $33.33. His actions reflect badly on the Texas Department of Public Safety which continues to employ him.

As law enforcement officers we must guard against abusing the great power bestowed upon us. Not all officers, however, are able to adequately live up to this responsibility. Agent Olivarez's actions demonstrate that he is such an officer.

The flagrant disregard of exculpatory evidence by an officer is dangerous to the citizenry which he is sworn to protect and to the enforcement of the laws he is sworn to uphold. Agent Olivarez should not be allowed to continue as a peace officer. He lacks the judgment and character necessary for this position.