D.A. WARNS SPACEX OF ILLEGAL CLOSURES, UNLICENSED COPS: WARNS LAW ENFORCEMENT AGAINST VIOLATING MOU

By Juan Montoya

Citing concerns raised in a June 3 complaint by the environmental group Save RGV against SpaceX, Cameron County District Attorney Luis V. Saenz has warned Shyamal Patel the company's Senior Director of Operations that it's employees, and the company itself, may be subject to criminal prosecution on a number of suspected violations.

Among the potential crimes that SpaceX may be violating the Texas Penal Code are included Obstruction of a Highway or Other Passageway,a Class B Misdemeanor, and Impersonating a Public Servant, a third-degree felony.

And Saenz warned local law enforcement "partners" including police officers, sheriff, constables or their deputies that until SpaceX clarifies their actions on these issues, it would be "prudent" not to permit to work for or assist with SpaceX operations that may run afoul of Texas law.

Save RGV complained that SpaceX and its private security personnel have been closing and/or denying public access to county roads Remedios Avenue and Joanna Street off Highway 4. When his staff went to investigate June 9, Saenz wrote Patel that they were immediately approached, stopped and detained by SpaceX Security employee Oscar Lopez, who was wearing body armor. 

He ordered them off the road and when they informed him they were with the DA's Office investigating a citizen complaint, Lopez replied that "they were the type that was going to make a big deal about things." His staff then told him that neither the Cameron County Commissioners Court nor the Sheriff's Department had authorized the closure of the road.

In a side note, Saenz said his staff had reported that Joanna Street had been renamed Rocket Street and that part of it may have been built over and/or closed off. If the road is subject to a county easement, Saenz warned that its personnel's actions may constitute a taking of property. "Please clarify on the authorization to take these actions."

On the potential Impersonating a Public Servant complaint, Saenz wrote Patel that he and SpaceX had already been told by the county on April 2021 that this type of action was inappropriate and that SpaceX had an overzealous security guard. The June 9 actions by Lopez were of the same nature and Saenz wrote Patel that if the conduct were to happen again, not only the individual would be subject to arrest and prosecution, but that the company itself could be prosecuted as well as a Texas Business Entity under the Penal Code.

Saenz also reminded Patel that SpaceX is  registered and licensed with the Texas Department of Public Safety as a private business with a internal security and that records indicate that they have security employees that hold commissioned and personal protection licenses potentially allowing them to carry arms. Saenz said that DPS has no record that either Lopez or SpaceX Brownsville Head of Security Gunnar Milburn held any type of security license. 

He warned him that failure to employ properly licensed security personnel may expose SpaceX and its employes to civil and criminal penalties and asks Patel to confirm if they are armed and all the company's personnel are properly licensed or becoming licensed.

Saenz reiterated the group's concerns concerning SpaceX's closure of Highway 4 more than the 180 hours agreed upon the Memorandum of Understanding (MOU) with the Texas General Land Office, and Cameron County under the Texas Natural Resources Code. He further stated that the complaint asserted that then FAA had issued a reevaluation that resulted in it granting an reevaluation that functions as an addendum to the MOU increasing the number to 300 hours.

Logs provided to the DA's Office included logs kept by the United Fish and Wildlife Service and the Coastal Bay and Estuary Program that reflect SpaceX has exceeded the increased hours and has already utilized 385 closure hours this calendar year. If it is proved  that SpaceX has exceeded the terms of the MOU, Saenz warned, then it no longer has legal authorization to obstruct Highway 4.

"Closure of Highway 4 and Boca Chica...constitutes..Obstructing a Highway...and "any acts by a SpaceX employee, agent, or contractor to inform the public that they cannot use the road may constitute...(the)...offense of Impersonating a Public Servant."

"Please provide clarification on the matter," the Saenz letter continues. "In addition, please provide the document/authority that supports the position that the "authorized hours" is capped at 300 as opposed to 180 hours.'

"I must advice my law enforcement partners that absent a well-reasoned response by SpaceX (to these complaints) it would be prudent for them not to permit any police officer or sheriff/constable deputy to work for or assist with SpaceX operations that run afoul of Texas law...any such action by a law enforcement official could potentially expose their agencies and respective political subdivisions to liability under the United States Civil Rights Act of 1871..and could expose the individual officer/deputy to criminal liability under the Official Oppression Statute." 

"While SpaceX is a valued member of our community, this does not authorize SpaceX, its employees, staff, agents and/or contractors to disregard Texas law," Saenz wrote.

Saenz requested Patel submit an answer to the group's and his concerns by 1:30 Monday, June 14. It is unknown whether Patel replied by that deadline.