Texas Observer
Wearing a blue suit and carrying a single rose in his hand, 11-year-old Timothy Murray emerged from the Cameron County juvenile court earlier today (Wednesday ) to loud cheers from supporters gathered outside.
About four dozen members from the Rio Grande Valley community group Divest/Invest RGV joined a protest outside the courtroom and on their livestream, chanting: “Classrooms, not courtrooms!,” “Homework, not handcuffs!” “Education, not incarceration!,” and “Free, free Timothy!”
After Timothy struggled for nearly half a year through a succession of what his mom says were retaliatory actions by Brownsville Independent School District officials, district police, and county prosecutors, Cameron County Judge Adela Kowalski-Garza dismissed criminal charges against Timothy, finding the prosecutors lacked probable cause.
After Timothy struggled for nearly half a year through a succession of what his mom says were retaliatory actions by Brownsville Independent School District officials, district police, and county prosecutors, Cameron County Judge Adela Kowalski-Garza dismissed criminal charges against Timothy, finding the prosecutors lacked probable cause.
“We had a good judge who really looked at the facts, or lack thereof, and made a strong and smart decision. But this was with zero help from the district attorney’s office, who are at fault for even pursuing this case in the first place and then not investigating it,” defense attorney Sara Stapleton Barrera said.
Last November, the Texas Observer was first to report on Timothy’s ordeal, which started in September after the fifth-grader questioned Palm Grove Elementary School Principal Myrta Garza about why there was no school counselor and then sent an email to then-Superintendent René Gutiérrez, reporting that Garza was “picking on” him thereafter.
Last November, the Texas Observer was first to report on Timothy’s ordeal, which started in September after the fifth-grader questioned Palm Grove Elementary School Principal Myrta Garza about why there was no school counselor and then sent an email to then-Superintendent René Gutiérrez, reporting that Garza was “picking on” him thereafter.
What ensued was his arrest, three days of solitary confinement, a misdemeanor offense charge alleging that Timothy threatened to kill the principal, and threats of a second charge for aggravated assault, a second-degree felony, which could result in juvenile jail time.
For the third time since Timothy’s hearing was originally scheduled for November 8 last year, the district attorney’s office today requested more time to gather evidence on the charges, arguing they had probable cause for both charges based on unsubstantiated testimony from a student. Judge Kowlaski-Garza disagreed and shot down the request.
Mother Nadia Rincon told the Observer she was relieved by the judge’s decision today, but still wary. According to Barrera, District Attorney Luis Saenz can still refile a petition for the first misdemeanor charge within the next two years and a second charge for felony assault within the next five years. That means the county could still bring charges against Timothy up until he is 16 years old.
“If they refile a suit against Timothy, even though the judge has said that she finds no probable cause in either of the cases, it’s simply retaliation. They don’t want to admit that they were the wrongdoers or didn’t take the correct action in this case,” Barrera said.
For the third time since Timothy’s hearing was originally scheduled for November 8 last year, the district attorney’s office today requested more time to gather evidence on the charges, arguing they had probable cause for both charges based on unsubstantiated testimony from a student. Judge Kowlaski-Garza disagreed and shot down the request.
Mother Nadia Rincon told the Observer she was relieved by the judge’s decision today, but still wary. According to Barrera, District Attorney Luis Saenz can still refile a petition for the first misdemeanor charge within the next two years and a second charge for felony assault within the next five years. That means the county could still bring charges against Timothy up until he is 16 years old.
“If they refile a suit against Timothy, even though the judge has said that she finds no probable cause in either of the cases, it’s simply retaliation. They don’t want to admit that they were the wrongdoers or didn’t take the correct action in this case,” Barrera said.
To read rest of story, click on link: https://www.texasobserver.org/judge-dismisses-charges-against-brownsville-isd-honor-student/
20 comments:
That sleepy D A needs to go now's the time to organize and vote sleepy out.
We need a D A that will go after criminals not go after OUR children in school and BISD elected officials need to be voted out ORGANIZE NOW!!!
You better watch out is sung only during Christman, but now I can almost bet that it will apply again after Judge Adela Garza ruled against the daughter of pistol-packing
Rachel Ayala's daughter. And, I can see where she is concerned about the situation her baby girl was placed on by this "smart alect-looking" brat. Did he, or did he not
threaten the principal and has anyone actually studied the case, including the witnesses that heard the kid make the threats? How come Luis Saenz is holding back in bringing it to court and how does a judge take over without reference from the DA's office?
This will now "daler alas" al huerco, y lo va a volver hacer! Necesita unas nagladas bien dadas como nos daban a nosotros por ser majaderos con nuestros adultos. How come the mother did not go ask the principal why the school did not have a principal? There are still so many unanswered questions, and the district needs to support the principal for she has to go to work with that issue on her mind every day.
Wachasen, porque hay viene a vieja Ayala!
Seems like children are NOT safe in cameron county nor at school nor church. WOW
vote all these enfelises Out WHAT HAVE YOU GOT TO LOOSE?
YOUR CHILDREN ARE OR SHOULD BE YOUR WORLD AND THESE IDIOTS ARE A DANGER TO THEM.
UNBELIEVALBE
We are in court with the inept Estella Chavez-Vasquez on a case wherein the eye witness stated there was on crime. After the arrest the magistrate judge dismissed the case on no probable cause. Saenz took it to the grand jury at the request of a well-known attorney. We know this because he told Linda Salazar Saenz assured hm the case would be filed. Salazar removed herself from the eviction trial after she gave gifts to jury.
The man just moved out even though the eviction did not comply with federal regulations. The new judge rather than dismiss the case at that point signed an order barring him from most § 8 housing. Only HUD can do that. The case was appealed and Estella Chavev-Vasquez recused herself when she saw me with him. Texas law allows disabled people to designate non=lawyers who are not paid to represent them.
Now comes the criminal case which is the sister suit, and Estella Chavez-Vasquez refused to recuse herself. the court appointed attorney refused to file a motion in the criminal case seeking permission to hire an investigator. to interview the eyewitness. Then out of the blue filed a motion to withdraw based on conflict of interest. If an attorney refuses to interview the eyewitness to who said no crime happened, he should not be an attorney.
Because we are dealing with a section 8 disabled tenant he has three separate federal lawsuits, separate from the wrongful arrest under § 1983.
It is all moving forward to include a non-monetary injunction against Chavez-Vasquez. She cannot recuse herself in the sister civil appeal from JP court, and then keep the criminal case. If she fails to by-pass the wheel the defendant under Texas law for indigent disabled people will file his notice as a non-lawyer and unpaid I will represent him.
The first motion will be to hire an investigator. The second will be to disqualify Saenz. He refused to prosecute the driver in a DWI which left this man a cripple for a year waiting on SSI to kick in. He was declared dead on the scene and revived. He was eventually medivac to San Antonio. Then Saenz refused to prosecute the man who knocked down his sister's door and pulled a weapon on both he and his sister.
Saenz has repeatedly refused to bring criminal charges against anyone engaging in criminal conduct against this family. He will face removal in this case and three separate federal lawsuits.
Was due process followed with this student?
Every student with issues as huge as this student appears to have is usually dealt on a case by case basis. Maybe a police report was needed but he should have also been provided with counseling. Has the student received a psychological evaluation? If he is a menace to the principal he is also a danger to other students.
As far as the principal is concerned "if you can't stand the heat get out of the kitchen. "
DA Saenz is and always will be an embarrassment to Cameron County. How much longer do we have to put up with his incompetence and ineptitude ? This “sacred cow” needs to be voted out immediately!!! It is totally absurd, unbelievable and beyond belief that this moron is still in office . Someone needs to step up , run for the DA position and rid this county of this cancer. Enough is enough
This is another example of the corrupt setup by the Cameron County Judicial System. This Judge Kowlaski-Garza, seems to play two roles in this particular case. Is Kowlaski-Garza not the known Adela De La Garza who is also some kind of trustee involved with the Brownsville A&M incentive program. What's interesting is that in the Cameron County District court she is referenced as Judge Kowlaski-Garza, yet when she is involved in the set-up of the Texas A&M workforce training, she is reference as Adela Del La Garza. Also was she not the one mentioned in corruption of convicted Sylvia Atkinson? The question still remains, "why is there no counselor at Palm Grove Elementary"? Why should this child's past corrupt history be remembered and continued to be kept as a history record by Cameron County District, when it never was prosecuted in the first place? Time to wake up Luis Saenz and smell the shit created by your Court system because the question is, is there even a police report with charging this child for this criminal offense? "A completely out of control judicial system". This is my opinion.
Difficult case. Some children and adults say words that to others seem violent, aggressive, threatening. Common sense and communication is the key for learning not to say certain things in school.
It is also true that some students are trouble makers but the best thing is to go by the book, document everything and keep the parents posted.
Students slap teachers, beat them up, etc
Some teachers are having inappropriate relationships with students etc
The world is changing.
5:55 AM
Bunch of bullies 😤.
Why did the judge not let the process play out? Why not let a jury determine if the kid did or did not do something wrong. If the DA needed more time, then it should have been given. To simply drop charges because of people protesting is not correct. Let the process work.
Yeah show en at a young age that it is ok to disrespect authority threaten human life and break the rules
To the disabled man milking section 8
Do us all a favor
Several issues. One Adela while working in a non-judicial position cannot use the term Judge. Two there was nothing to play out. You do not arrest someone without evidence. Saenz was asking for time to collect evidence. The kid on no evidence was put in solitary confinement. As to my § 8 case. The young man was diagnosed with an in utero. neurological disorder and spent time in pediatric facilities. So, what you are saying is his birth records were fabricated, the neurologists falsified his findings, as the recognized condition does not exist. This is why people like you should never serve on a jury or be allowed to vote. Like Trump you celebrate ignorance.
February 15, 2024 at 5:15 PM
All applies but to outside of cameron county FACT
This is in regard to addressing the issue as to why, in the Cameron County District Court, Judge Adela Kowalski-Garza is only to address herself with the prestigious title of Judge, yet, as a trustee and very involved with the Tex. Southmost College and Texas A&M she is only to be addressed as Adela de la Garza? The question is why she drops the Kowalski, not the title. We know that she represents two different money-making ENTITIES, so is she allowed to wear two different judicial hats to address herself? Why? Plus, the ENTITIES that she represents give the impression that they are pretty close to being related in some sense, pretty close to a conflict of interest. We must also consider that in Cameron County Judges, lawyers, elected officials and law-enforcement have a history of form shopping for Judges. Let's not forget convicted Abel Limas, convicted DA Armando Villalobos, Jim Solis, Marc Rosenthal, must we go on? Because there is a trail of many more that just by the grace of God they were not mentioned in the Historical Favoritism bribery corruption in Cameron County. The issue here is that people in Cameron County are becoming aware and are not dumb. Hands on to the innocent victims that are being labeled. This is my opinion.
February 15, 2024 at 10:05 AM
There are two Adelas in Brownsville.
Both are smart ladies, attractive looking and with great energy.
Both rule Brownsville.
February 16, 2024 at 10:47 AM
Two different Adelas.
Adela Kowalski Garza is the judge.
Adela G. Garza is the TSC board member.
Adela Kowalski Garza is very charming and down to earth.
Adela Garza is a lady that decided to be a women of action when she faced big issues in her life.
todo esto ME LO DIJO ADELA.....that is a song.
Kowalski? Commissioner Brown? any relations?
Oh, and how did TSC Adela get away with the shenanigans she and Sylvia Atkinson were involved in. She let Sylvia take the fall and I just wonder why Mary Frances, Sylvia's mom, let it pass by like nothing. How was Adela TSC involved? Another seal indictment by Luis Saenz. How does he determine which indictment will be sealed or not. Please enlighten me, for right now, it seems that Sylvia took the fall for a bunch of others and the names are not to be made public. Set me straight on this issue!
You are confusing Adela Garza with Adela Kowalski-Garza. Adela Garza is the TSC Trustee that was linked with Sylvia Atkinson. Adela Kowalski-Garza is 484th District Court Judge, a former Federal/State Prosecutor and a professor at UTRGV where she currently teaches juvenile law. She has nothing to do with Sylvia Atkinson.
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