OTHER SHOE DROPS:EX BURNS PRINCIPAL, AIDE CHARGED

By Juan Montoya

Alma Garza, the former principal of Burns Elementary and her secretary Jasmine Leal were reported to have been arrested and charged with one count each of Official Oppression and Leal with an additional charge of Tampering With a Government Document.

Cameron County District Attorney Office sources say no indictment has been sought yet in the women's cases.  

The arrest reportedly took place last week and both women turned themselves in and were charged and booked and then released on bond awaiting trial, law enforcement sources say.

Although no documents have been released regarding the complaint against the women, sources say that the official oppression charges stem from the Brownsville Independent School District Police Dept. investigation into the theft of some $5,000 from school fundraisers. 

The name of the victims of the alleged oppression have also not been released but sources in the BISD indicates it may have been the person who reported the alleged thefts to BISD administrators and police. 

Garza and Leal were removed from their positions last November after reports surfaced that they were under investigation. The women were reportedly the main suspects in the theft of about $4,000 in cash collected during the April 2018 Bandit Bunny Run Fundraiser.

And as the investigation into that heist continued, a second incident involving another alleged theft of about $1,000 from a fundraiser that September dubbed the Chicken Run was revealed. This time, the sources say that the signature of a teacher was forged on a bank deposit slip.

The funds gathered during the September fundraiser were to be used to purchase Christmas gifts and decorations for students, sources say.

However, the BISD kept a lid on things and moved Garza and Leal to other positions in the district even though they had the option to terminate them when they found out they were the main suspects of the investigation. But according to board sources, the majority chose instead to keep them on board and merely place them in other positions.

"The money that was stolen was stolen from the poorest of the poor," said a school supporter. "I would have terminated them there and then."

In response to an information request on the alleged theft back then buy El Rrun-Rrun, the BISD attorneys responded with a letter stating that they had petitioned the AG to allow them to withhold evidence of any criminal wrongdoing at the school.

In its response, the district lawyer wrote us that our request for "(1) all reports by the BISD administration its police department or any campus or district correspondence concerning the alleged theft of funds from the Burns Elementary Bunny Run Fundraiser; (2) any referrals made to the Brownsville P.D., the Cameron County District Attorney or any other law enforcement agency concerning this alleged theft; (3) copies of any disciplinary actions generated in the case" would be left up to the AG.

But why do we say cover up? Because the district claims that "there is no information responsive to Item #2 and #3," indicating that they had kept everything having to do with the alleged theft to themselves for a year or more as they conducted the investigation.

"The requested information is part of an investigation by Brownsville Independent School District Police Department," they wrote. "The law enforcement agency is investigating potential criminal activity."

And they cited the Texas Government Code Section 552.108 dealing with exceptions dealing with "Prosecutorial Information, Certain Law Enforcement, Corrections, and that

(a) Information held by a law enforcement agency or prosecutor that deals with the detection, investigation, or prosecution of crime is excepted from the requirements of Section 552.021 if:

(1) Release of the information would interfere with the detection, investigation or prosecution of crime; and

(b) An internal record or notation of a law enforcement agency or prosecutor that is maintained for internal use in matters relating to law enforcement or prosecution is excepted from the requirements of Section 552.021 if:

(1) Release of the internal record or notation would interfere with law enforcement or prosecution.

"As stated previously, the District's Police Force are investigating suspected criminal activity. The requested information pertaining to Item #1 is part of the criminal investigation. At this time, the investigation remains active by the BISD Police Department. The information made the subject of this request is part of the investigation and we believe are privileged and excepted from disclosure under the section of the Act.

"The District provides an affidavit of the lead investigator in this case who swears the matter continues under investigation by the department and "that release of information regarding this case at this time would hinder the investigation and prosecution of this case" (Exhibit E; Affidavit of Sgt. Patrick V. Gabbert)."