By Juan Montoya
An amended complaint by Jose Calvillo, a jailer who claims he was fired over his alleged support for new Cameron County Sheriff Eric Garza and a petition by Chief Deputy Robert Gracia for the county to pay for his legal defense in federal court has exposed the deep rift and political turmoil wracking the department.
Calvillo claims he was the victim of political retaliation and alleged adverse employment action based on his perceived political association with Gracia and Garza that resulted in his wrongful termination. He had been a jailer for the past six years claims Lucio, Sgt. Edgar Rivera, and Lt. Joe Elizardi retaliated against him while acting and took adverse action motivated by political association that resulted in his wrongful termination. He sued them in federal court in their official and individual capacities.
He is asked for the court to award him $1 million in exemplary damages for their acts in their official capacity, and $333,000 each of the defendants in their individual capacity.
But now instead of just naming the three defendants above he – through his attorney John Shergold – has now included two other officers who he said took part in an interrogation over a leaked video that allegedly showed a jailer in the Lucio administration beating an inmate in jail. The other two officers named in Calvillo's amended petition are Sergeant Rodrigo Almanza and Captain Javier Reyna, both sued in their individual and official capacity.
This is where Abbott would have asked Costello: "Yeah, but who's on first?"
That's because both Almanza and Reyna – in turn – have sued Garza and Gracia in their official and individual capacity in federal court for allegedly retaliating against them because they campaigned and supported Lucio politically in the election.
And how does Gracia fit in?
Gracia was not only sued by Reyna and Almanza in federal court, but also by Cameron County in state court for unilaterally taking over the courthouse security budget under the commissioners court. The county claims that the security budget – and 15 sheriff deputies and constables – are funded by that budget under their control. In unilaterally taking possession of the courthouse and the courts, they claim that he and Garza overstepped his authority when he attempted to take control of the deputies and the bailiffs funded by the budget.
Gracia's motion before 445th District Court Judge Gloria Rincones asks the court to intervene against the county for denying him a legal defense in connection with Almanza's federal lawsuit.
He claims that the county was retaliating against him in denying him a legal defense in Almanza's lawsuit in federal court since it was directed at both Garza and himself. In denying paying for his defense in federal court, he claims the alleged county retaliation as "was illegal, arbitrary, and capricious."
The county, in refusing to defend Gracia in Almanza's lawsuit in federal court over what he claims was retaliation for him supporting Lucio, claimed that Gracia was not a county employee at the time, was not a peace officer certified by the Texas Commission On Law Enforcement (T-COLE), had no authority over department employees, or was authorized to have access to sensitive criminal investigations, including the case used by the defendants over the alleged leaking of the video.
At the time, Gracia was not listed as an employee of Cameron County, and did not meet the job listing requirements for state certification. He then failed to pas the T-COLE certification exam and had to retake it. Since he didn't meet the job listing requirements, he was not acting lawfully as a county employee, the commissioners argued. It wasn't until mid-March that Gracia was certified as a peace officer in Texas.
But back to Calvillo's initial lawsuit in federal court. The jailer's amended complaint claims that the defendants (Lucio, Rivera, Elizardi, Almanza and Reyna) wrongfully fired him after they blamed him charged him with passing on the inmate-beating video to Gracia – his stepfather's close friend – and that they never told him he was being investigated for a crime.
During his interrogation, he claims the defendants seized his cellphone and used text messages between him and Gracia to charge he had been the leak of the sensitive video to help Garza defeat Lucio in the election.
Almaza claims that when Gracia was "appointed" by Garza as chief deputy he demanded that he reveal his contacts in Mexico law enforcement, and allow him to review his investigation files. Among those files was included the investigation of Calvillo's alleged leak of information to him. Was Gracia looking for details of the Almanza investigation of his alleged receipt of the inmate video from Calvillo?
In turn, Gracia counters in his petition for intervention that as of January 1 he was serving "at the appointment of Sheriff Garza, and carried out Sheriff Garza’s instruction to overtake courthouse security." By not providing them a legal defense in their individual capacities and Gracia in both his individual and official capacity, Gracia says the county is retaliating against him.
He is asking Rincones to order the county to provide him with a legal defense on the Almanza lawsuit in federal court and also that he was forced to retain the services of attorneys to represent him alleging that the commissioners denial of a legal defense and reimbursement "was illegal, arbitrary, and capricious."
25 comments:
All this is Gracias mess. Poor Eric is just a puppet. Gracia loves to tell everyone that he is in charge. It’s always ME and the sheriff what you to do this. Me and the sheriff are saying to do this. He really thinks he is the sheriff. Wait till they find out he has ordered everyone that no one can talk to the sheriff unless they go through him first. Wait until they find out he has been opening certified mail that was directed to the sheriff and then not even showing it to him. Yes Gracia we know you have been doing that and we even have written affidavits to prove you have been doing it. Your time is coming Gracia.
Looks like they finally kicked Abraham out of the sheriffs office and sent him to the courthouse. He was terrible at supervision so now they want him to run the courthouse. I wonder if he knows the judges don’t like him and and are secretly trying to get him arrested. That guy has no idea what he’s doing at all. If you work for county I would start to look for other jobs. These guys in charge no valen madre.
Why is Gracia bitching about money. He tells everybody. I own property. I have lots of money I have multiple retirements. I bought my son his house and his cars. I paid for my son to be a lawyer. I don’t have to be here. Well then leave partner. No one wants you here. Stop bragging to everyone that you have all this money when most jailers have to survive on food stamps to feed their families.
Gracia is a fucking moron. Falsely identify himself as a peace officer and facing no repercussions. Shit let's all do it then since he's already set the tone for illegal and unethical behavior
Del Bosque 2024 is gonna put an end to this duckery
And the novela saga continues south texas style, voters this was the change you wanted so aganten la vara.
Robert mata no vale V. Had to beg Abel for a job, lol
So Gracia became official by TCOLE in March right , when the F**** did he attend a certified Police academy like us real COPS who attended the full six months .. This prick just passes the test and that’s it ..? He completely fucked up the CID and patrol division making the shortage even worse … senior guys bumped down to patrol etc. rookies running the show … bullshit
How did the Sheriff's Office got this bad? Having idiots like Abraham Rodriguez and Gracia in charge.
Does anyone know if Del Bosque was able to find his balls yet?
Wait until this pendejos get subpoena to go to court... especially Abraham.. that retarded MOFO can't even write.
Gracia is so dumb he doesn't understand that the case is criminal and involves him as suspect... ta bien PENDEJO
So Gracia impersonated a peace officer and where is the DA?
So it must be Halloween year round for Gracia! Not only is he walking around with that clowns mask but he's also pretending to be a Texas law man? I hear next week he will he a dressed as a cowboy then possibly an Indian if he can find the right costume. Lol what a joke Eric ditch this loser already and save your political career. El chef Gracia no vale Dickinson
Guess what Mr. Retired from CIA/DEA/NSA/CBP/SPECIALFORCES/NAVYSEALS clown, more than one recorded you giving stupid orders... you think they are going to lie for you in court? You're dealing with REAL police officers.. do yourself a favor and save your son's political career while you can
Garza, Gracia, Rodriguez, Silverio, Del Bosque neither one of those losers ever tested for supervisor on their sorry ass law enforcement "career".
Sounds like a bunch of winey little girls. You got a new boss, get over it and learn to embrace change. These guys have t even let Garza do his thing. No wonder he moved them, they think they know everything. They should have ran for office then.
ERIC GARZA NO VALE V. Had to lie to voters for VOTES!! Lol
Make it easier for police officers to get fired, making their records more transparent, abolishing qualified immunity.
He has lots of $$$$ and is a former DEA guy? WOW money must have come from good investments.
These so called lawsuits filed by wanna be public services, (police) not only eposes the corruption between the sheriff administration, but also the alleged greed, corruption cover-up concealment committed by our Cameron county judicial system. This control was given to sheriff, Omar Lucio during the Villalobos era. Judge Arturo Nelson, (his district clerk Eric Garza), was (allegedly), the judge who ok the deal. This so called sheriff overstepping his authority has and still continues, from Omar Lucio to now Eric Garza. The authority of the District Attorney to get involved was taken away by our own commissioners court themselves. This could explain as to why Luis Saenz does not get involved. Who are the 15 sheriff deputies and constables funded by this budget? Looks like a lots and lots of forfeiture money to be made by this corruption and Eric Garza has been there the whole time adding up his share. This is my opinion. Show us the public, the leaked video of the beating of an inmate in Cameron County. We the public and taxpayers should be able to see such a video so that we can elect Our candidate for sheriff.
And the Reyna loyalists continue....
Guess what, we voted Garza as our sheriff. We knew he didn’t know much but it was better than what we had. So it does not matter what any of you say because he is the boss, like it or not. Everyday someone gets places in a position where they. Are unfamiliar with protocol al procedures. For example, look at our x president. You don’t like what is happening, vote and encourage people to vote. Till then sit down and shut up already!
Bring back No brains Frank and George.They can't even start a fucking Computer. That's why Conrado demoted those idiots.
Brownsville Police Chief Felix " El Chapo" Sauceda-Bernal and Patrol Commander Bill No Balls DIETRICH are now in Hot water Due to their Incompetence and lack of leadership.
Chief Felix "EL Chapo" Sauceda-Bernal with his No overtime and Data Driven numbers and total misalignment Are major factors in the recent death of a female inside City Jail. Even after several Complaints to the administration, along with the City Manager El Rata Bernal about the shortage of manpower on the streets with as little as 6 officers on the streets they continue to look the other way stating that the numbers don't support more officers..
But yet Chief Felix "El Chapo" Sauceda and Commander Bill No Balls Dietrich still Demand and oder that two units be placed in the downtown area to monitor certain businesses!!WTF
What does this all have to do with the Females death inside City jail well lets begin;
1.Not enough Jail personnel on duty due to no overtime.
2. ONLY ONE Patrol Supervisor on duty and that supervisor must remain in the Office to conduct three In Person Roll Calls at 3pm, 6pm and 8pm as ordered by Patrol Commander Bill " No Balls" Dietrich..So where was the Supervisor when all this was unfolding stuck doing Roll call...The same Patrol Supervisor then must go and check the Airport to make sure the Officer assigned there have not left there assignment.
No trust in his Patrol Division
4. Allowing the Training Division to put 7 Officers in training all from the same shift...
5. Assigning Patrol Officers to Dispatch, City Jail, Records Division and Municipal court all in a effort to save money!!! At what cost??? So Chief Felix"El Chapo" Sauceda- Bernal can impress his lover City Manager El Rata Bernal with all the money he is saving$$$$$$ the city..
6. All these actions have placed Officers and the safety of the public in jeopardy!
Now with three huge law suits pending under the watch of Chief Felix El Chapo Sauceda-Bernal who has proven to be a total failure and is fixing to cost the citizens Of Brownsville Millions of Tax Payer Dollars due to his Incompetence and total Misalignment!
Chief Felix El Chapo Sauceda-Bernal poured the kool-aid but not everyone is drinking it. Chief Felix El Chapo Sauced-Bernal's administration maintains the fiction that administration supports patrol but the continued actions of administration indicates a message of mistrust.
Wake up Brownsville City Commissioners and get rid of this Clown as Chief Felix El Chapo Sauceda-Bernal has already proven to be the worst Chief in Brownsville Police Department History but he is also about to go in the History books as the Chief of Police that cost the City of Brownsville Millions of Dollars!!!
#worstchiefever...
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