Thursday, February 16, 2023

D.A. SAENZ'S PROBLEM NEPHEW STRIKES AGAIN: DWI

By Juan Montoya

This has got to be Cameron County District Attorney Luis V. Saenz's worst nightmare. 

Victor Allan Garcia, his nephew, who has run afoul of the law countless times, is doing it again, Ma!
For the umpteenth time, the lad is having his travails with the Cameron County criminal judicial system.

Garcia has been charged  again – with one count of DWI.

One, he is either favored by God who has appointed him his personal guardian angel, or, he has a cast of supporting characters which include his uncle, a judge or two, special prosecutors, and the treasury of the county which has paid for his defense on various charges involving alcohol, including one  involving an accident resulting in serious bodily injury to a pedestrian.

In every one of the cases (there at least five since 2006), he has been able to walk away and sin and sin again. Will he do it again?

The latest was his Wednesday February 15 arrest by the Brownsville Police Dept. for yet another DWI.

What will happen this time?

Let's take a look through the years and see how this blessed child has tiptoed his way through this minefield of misdemeanor and felony charges to walk the streets a free man. Notice, if you will, the cast of supporting characters that seem to appear at the most opportune times to pave the way open before him.

(06-CCR-0004877)
Image result for laura betancourtDate of Offense: March 22, 2006
Filed July 24, 2006: Charge: Adult Misdemeanor Theft (Class B, above $50 and below $500)
Court and Judge: County Court-at-Law 2, Laura L. Betancourt
Attorney: Angel Nix
Disposition: Pleaded guilty, given Deferred Adjudication, 4 months probation

(2014-DCR-00122)
Date of Offense: Sept. 9, 2013
Filed January 22, 2014: Charge: Intoxication Assault with Vehicle Causing Severe Bodily Injury
Court and Judge: 103rd District Court, Janet Leal
State Attorney: Special Prosecutor (Appointed) Edmund K. Cyganiewicz
Def. Attorney: (Court Appointed) Ed Stapleton
Disposition: Dismissed March 28, 2014
Order to pay Attorney Pro-Tem: Judge Benjamin Euresti, Oct. 20, 202014

(2014-DCR-00125)
Date of Offense: Sept. 9, 2013: Charge: Accident Involving Injury or Death
(Arising from the same case as 2014-DCR-00122)
Filed January 22, 2014
Court and Judge: 103rd District Court, Janet Leal
State Attorney: Special Prosecutor (Appointed) Edmund K. Cyganiewicz
Def. Attorney: (Court Appointed) Ed Stapleton
Disposition: Dismissed October 15, 2014 by Janet Leal

(2014-CCR-03424) 
Date of Offense: Sept. 9, 2013 Charge: Failure to Report Felony With Serious Bodily Injury or Death
(Arising from same incident as (2014-DCR-00122) and (2014-DCR-00125)
Filed: August 4, 2014
Court and Judge: County Court-at-Law 2, Laura L. Betancourt
State Attorney: Special Prosecutor (Appointed) Edmund K. Cyganiewicz
Def. Attorney: (Court Appointed) Ed Stapleton
(Retained counsel) Noe Garza
Disposition: Pleaded no contest, granted deferred adjudication (for the second time), 12 months probation
April 25, 2016, Court forwards Court Appointed Stapleton's claim for payment to District Attorney's Office

(2015-CCR-04204)
Date of Offense: June 7, 2015 Charge: Diving While Intoxicated
Filed: October, 1, 2015
Court and Judge: County Court-at-Law 2, Laura L. Betancourt
State Attorney: Special Prosecutor (Appointed) Edmund K. Cyganiewicz
Def. Attorney: Noe Garza, replaced by Attorney Pro-Tem (paid by public) Oct. 10, 2016 

Disposition: Deferred Adjudication, no fine, and 180 days in jail with credit for time served. Sentence to run concurrent with all other cases
April 25, 2015: Court forwards Attorney Pro-Tem's expense claims to DA's Office to be paid by public

(2016-XMG-01222) 
Magistrate Adolfo Cordova's Court Charge: Public intoxication
Date of Offense: May 3, 2016
Disposition: Fine paid
 
The most serious felony cases were dismissed and stemmed from the September 2013 accident when he struck a 21 year pedestrian while driving drunk. In an effort to fool the police, Victor and his sister, Kacie, switched seats to make it appear that she was driving.

Brownsville PD said both siblings were drunk.

The victim, Gilbert Perez, suffered horrible injuries. We reported at the time that: "Perez spent weeks in the Intensive Care Unit at Valley Regional Medical Center in Brownsville with broken legs, a ruptured liver, swollen brain and injured spinal cord.

"After six weeks, he was still hospitalized and doctors had to implant three rods to allow him use of his crushed legs. The victim was on life support systems and had to use machines to help him breathe."

Despite the serious charges, the DWIs, the failure to call an ambulance, the attempt to hinder the investigation, prosecutors and the special prosecutor  bent over backwards to show extreme leniency in the case.

The cases never went to a jury because their court-appointed defense attorney Ed Stapleton worked out a deal with the Special Prosecutor Cyganiewicz. Instead the court (Betancourt) accepted his no contest plea to a misdemeanor charge (2014-CCR-03424) and granted deferred adjudication (again) and 12 months probation.

Originally, the case was to be heard by 103rd District Judge Janet Leal, but she recused herself and visiting Judge Romeo Flores heard the case. Leal was Saenz's partner in their law firm along with Chester Gonzalez.

In Kacie's case, the DWI and the Intoxication Assault With a Motor Vehicle were dismissed as part of the plea bargain agreement. She pleaded guilty to the felony charge of Accident Involving Injury or Death.

The DA's office (Special Prosecutor Cyganewicz) agreed to the dismissal of the two charges and to have Flores sentence her to five years probation and to apply deferred adjudication after that so that the offense would not show up on her record.

Nice to have friends (or uncles) in high places, ain't it? As long as there money for the public to pay for your defense and your uncle to run cover for you, why worry?

How often can you go to the well? Let's see how he does this time. 

44 comments:

Anonymous said...

Time for this Mexican to go down. He won't play by the rules.


Anonymous said...

They say it’s like en el san bene. Having a wife as an attorney/ commissioner and having a sister as an attorney/commissioner. Puro Teflon ese y Que.

Anonymous said...

The only thing his family can't help him with is being shot to death by the family of the people he has hurt. Somebody should give him a fentanyl laced beverage.

Anonymous said...

Sounds like this poor guy needs a professional intervention. I wouldn't blame the district attorney. It is said that one chooses one's friends but not one's family.

If left to his documented devices this guy will kill himself, so......


Anonymous said...

Let me guess... No le van hacer nada. F_cking rooked bastards!

Anonymous said...

He only prosecutes los pobres so you can guess what's gonna happen.
DEFERRED ADJUDICATION with No provisions. DA

Anonymous said...

academy / ( əˈkædəmɪ) / noun plural -mies an institution or society for the advancement of literature, art, or science a school for training in a particular skill or profession a military academy a secondary school.
Not a place to learn ratismo, self servicing positions, manipulative individuals, know it all pendejos, show-offs and loud mouth estupidos.

Anonymous said...

With all this nepotism in the Cameron County district Judicial system, it is no wonder we, the true abiding citizens, are ignored due process. Check out the main players in the judicial system as so-called judges - Janet Leal, Laura Betancourt, and not to forget Benjamin Euresti. Then check out who they chose as prosecutors and defense attorneys to prosecute the case. Ed Stapleton as defense counsel and Edmund Cyganiewicz as special prosecutor to represent the criminal and deny due process to the victims. All this with the blessings of our so-called district attorney Luis Saenz. The deferred adjudication defense was way overused by these so-called lawyers and judges, but let's not forget Noe Garza playing a part in this intentional, purposely, willingly, malicious and knowingly corruption. Wasn't Noe Garza Elizondo, la rata pelona, attorney? How many deferred adjudications did Carlos Elizondo get? Also do not forget the district clerk who handles and knows all of this cover-up corruption. Eric Garza. All of these corrupt judges, lawyers and prosecutors should all be done away with. This is the reason there is NO justice nor due process in Cameron County. No wonder the disgraced district attorney will not show his presence nor prosecute criminals, because he himself is a criminal for withholding cover-up evidence and denying justice to victims of such corruption.

Anonymous said...

And These fking retard judges Que wtf are they thinking letting this piece of shit out on the road. He's almost killed somebody already the blood will be on their hands if someone actually dies.

Anonymous said...

This is a perfect example of the corruption that exists in our town(area). And by the DA!!! The one that is supposed to uphold the law.!!! And the tentacles of this corruption extend in many directions. Judges, lawyers, prosecutors,public defenders, etc are all one happy family. All of them hiding behind the legal jargon,loopholes,plea bargains and other mumbo-jumbo legal tactics to run cover for their friends. I scratch your back you scratch mine. All these (so called professional)people mentioned in this article im sure adorn their offices and or chambers with their diplomas and recognitions singling out their accomplishments. Well they should be ashamed and embarrassed of the themselves to be participants in these flagrant abuse of the law. How can you expect the citizens to have any respect for the law and law enforcement when you all conduct yourselves in this manner. $$$$, power and greed have polluted your morals and values. You can still try, (if you still have any resemblance of dignity and a conscience left ) to make amends by putting this guy in the slammer for many years. Take this guy off the streets before he kills(like he almost did once)some innocent person. God forbid it could be one of your family members. The time to act is now!!!

Anonymous said...

Great news, lets re-elect this highly qualified DA again and again, no questions asked.
I WILL DEFEND ALL MY FAMILY FIRST THAN ALL MY COMPADRES, COMADRES, PRIMOS, PRIMAS, AMIGOS, AMIGIOS, VOTING FRIENDS Y TODAS LAS RATAS. new campaign slogan for all elected officials here in browntown.

Anonymous said...

Nothing is going to happen, he will get yet another pass. Time for a new D.A. One who does not have double standards. What's good for the goose is good for the gander. Let's send him to retirement.

Anonymous said...

Lawyers - to enforce the law. What law books did they study from that allows you to do whatever the shit you do and get deferred adjudication just because
he has a powerful relative on the bench.

Family has nothing to do with applying the law. Just how when we were given a belting by our parents because they loved us, they made sure they applied the punishment and we felt the fajasos.

Que pregados tiene Saenz en su bolsa sobre quien y a quien lo manda a la fregada? Todos hijos de Dios or todos hijos del diablo.












Anonymous said...

Mr. Saenz should be ashamed and this person should be prosecuted like all other individuals. I gad a family member getting g in trouble, while I was employed. Omg, always addressed as a high profile case. How unfair. Ultimately, no option but prison. Why. Should he any different?

Anonymous said...

Blame cyganowikz

Anonymous said...

Those who live in glass houses shouldn't throw stones.
Ruvalcaba received $312,300 in PPP money for her home healthcare company and she still laid off some of her employees! Why isn't the DA investigating this?
https://www.federalpay.org/paycheck-protection-program/mesquite-home-health-llc-brownsville-tx
This is why she can go from public meeting to public meeting - because she's living off our taxpayer money. Tell me what business owner can run their business while they're wasting time at these public meetings?
And why does she have such an interest in being a commissioner? Because maybe she found another way to profit off government money? I'd like to know what scheme she has cooked up to funnel city money into her home health care business. Enquiring minds want to know.

Anonymous said...

Tesla is recalling up to 362,758 cars equipped with its Full Self-Driving Beta software or pending installation over concerns it can increase the risk of a crash, the National Highway Traffic Safety Administration announced Thursday.
Run and hide if you see a Tesla, ooooops there goes one. Looks like some blond is driving GOOD LUCK

Anonymous said...

Juan dot worry tio bigote will make sure the charges are dropped.

Anonymous said...

What do Victor A. Garcia, Laura Betancourt,and Janet Leal have in common? No conscious! It is because they have no conscious that they can sleep at night. Bola de demonios.

Anonymous said...

Rancho Viejo BMW St. Joe (White Anglo Gringo) guy here... does anyone actually believe Mr. Montoya (blog author) and Mr. CoCo ESTUPIDO guy are one in the same? 1. Their writing styles are not at all the same and 2.) the blog author (Mr. Montoya) DOES post his name, as far as I know, when he posts comments, 3. I said I have a BMW... not a Mercedes... therefore I do not drive them simultaneously (at the same time). Anyway, maybe I am wrong. Thanks for the memories and adios, RACISTA!

Anonymous said...

Saenz has no competition during elections …. But he has no backbone either, why do we continue to vote for him? … weakest DA in the state of Texas, he seems to rush rulings when it’s near elections to give himself a reputation of being a “straw-man” of the law. Victor …. When you going to learn bro!

Anonymous said...

Luis Saenz is corrupt this guy on
Lu proves it!

Anonymous said...

Why isn’t the DA charging people from PUB and Tony Martinez. The report shows clearly crimes were committed.

Anonymous said...

This is a loser with so so many red flags. All we need is for him to stage a shoot out and all these judges will just go on with their lives. He is a loser and so are all these animals that cover for him. These animals do not have an ounce of humanity in them. They have traded in their humanity for positions and money.

Anonymous said...

So that means Carlos Elizondo and his theft charges will be put on the back burner for even longer?

Anonymous said...

Wow Montoya. I feel deceived. I realized that if I post a comment and don’t see it published for about 5 days, but then there are instantly 20 comebacks to my comment that wasn’t yet published, it must be you. You are the original hillbilly dumpster diver white trash coco St Jose wanna be. WOW! Pinche mojado racista BIPOLAR!! And then insulting my Saint Joe education and telling me I am nothing but a mamon vendido. You do not need an education, or you can have the best Harvard degree money can buy, and you will either be a RATA or not. But thanks to your generalizations GUEY, I will bow out and let you be in your self-imposed echo chamber. And the candidates you endorse? Really?? Pobre Vato

Anonymous said...

You get what you elect that lying scumbag DA and crooked buddies is what's wrong for Cameroon County bottom of the barrel all to busy kissing each othets assholes last time me and my family vote for Laura where's MADD? Oh yeah a quick $500 check and magic Def. Adj. Keep drinking drunk no problema in Cameron county
Luis

Anonymous said...

related to DA? means FREE PASS no charges, thaak you for calling.

Anonymous said...

Does anyone else look at Erasmo’s wedding photos at the bridge and wonder who the the us citizen is?

Anonymous said...

Protesters Head to Jerusalem as Israel’s Leaders Look to Rein In Judge
That should be done here where they think they are God. I have news for all these judges YOU ARE NOT I SAY NOT GOD PINCHES MAMONES....

Anonymous said...

Jane Fonda says she isn't scared of dying, but she has regrets
Why are all these famous people all of a sudden dying? are they going to make a movie upstairs?

Anonymous said...

Rank has privileges.

Anonymous said...

Brownsville police find body near FM 511
Killing fields y el cheriffe que? He started all this shit by his unintentional dedo.

Anonymous said...

Local cops don't know any thing about the body on 511 and it will stay like that FOREVER.

Anonymous said...

CDP-A CRIME "CRIME DOES PAY-AQUI"

Anonymous said...

No one is to blame other than the politics behind his being able to walk every time? I guess till he kills someone, that justice will be applied? Too bad there are others that have to suffer due to no money, no relatives in politics or family working in the district' attorney office? Even I have to agree with Montoya on this one? As much as I'm choking on it.

So, will justice be applied on this arrest? I think its time Mr. Saenz, even if its family? The first time maybe allowed a pass, but if they don't learn after that, then the hammer needs to come down! Like or not!

Anonymous said...

He needs a enema administration.
An enema administration is a technique used to stimulate stool and bad habits evacuation. It is a liquid treatment most commonly used to relieve severe constipation. The process helps push waste out of the rectum (your ass)when you cannot do so on your own. Enemas are available for purchase at local pharmacies for home use.
Your uncle can help or when you get to jail there will be dozens of volunteers and they are experts at doing this. Who knows you just maybe become a productive human after all.

Anonymous said...

Este Pendejo has more luck than Hunter Biden, son of vegetable Joe Biden. Hahahaha!

Anonymous said...

Doorbell camera captures sonic boom as half-ton meteor crashes in Texas

No tienen verguenza it not only caught a mysterious sound (release of gas) but pictures of chickens, dogs, car parked on the grass blocking a sidewalk and in a dilapidated home, meskins living in paradise!!!

Anonymous said...

WTH?

This actual danger to the community skates repeatedly because his uncle is the DA, etc.

While the DA wastes time and taxpayer money going after a citizen for graffiti on a wall.


Remember when you next vote for a County DA candidate the privileges afforded habitual dangerous criminals related to the current DA.

Anonymous said...

Can’t believe there’s only 7 comments on this story. BS man pinches comprados $$$$ Con dinero baila el perro!!!

Anonymous said...

What does fair and impartial mean?
Fair, just, equitable, impartial, unbiased, dispassionate, objective mean free from favor toward either or any side.

Anonymous said...

What are examples of judicial misconduct?
Examples of judicial misconduct may include the following:
using the judge's office to obtain special treatment for friends or relatives;

Anonymous said...

February 16, 2023 at 11:01 PM

You are so Welcome

Not from: a coco, a gringo, a mojado or turista.
From: A PURO TEJANO!

GET OFF MY LAND PINCHES RATAS!!!

rita