Wednesday, September 28, 2016


READER DEMANDS PAGE ONE OF MARY TIPTON ACCIDENT REPORT

UPDATE:  I was just text a message - top left corner says "FATAL."  Thanks to the reader for helping.  Like I said my vision is terrible for reading.  This only makes it worse for Valerie Garcia.

I will be fair here and say my reading vision is disastrous.  I cannot find what they say is on page one.  Maybe you can.  They say in an approved comment there is a spot wherein it will say injury or death.  I cannot find it.  The most I can find is a box checked hit and run.

I will also note the date and time of the accident on the report is wrong.  Just another example of the mistakes made by the Brownsville Police.  If as a defense attorney you cannot destroy an investigation done by the Brownsville Police you should surrender your law license.

Tuesday, September 27, 2016


"BEST" TAKES ISSUE WITH STATISTICAL FACTS AND BV

I can only hope the angry voice from "Best" which kept on calling the BV idiotic for saying teachers do not vote only teaches kick ball, because that is about all they may and I mean may be qualified to teach.  The concept of evidence eluded this person.  I asked the Cameron county Elections Office for the 2014, BISD election returns.  Remember in 2014, we had a very contentious County Judge race at the same time, so there was a higher than normal turn out.

In quotes from the Elections office as to the 2014, numbers - "The total turnout was 19,152 out of 85,099  or 23%."  Now if I am generous and say teachers are more likely to vote than non teachers, maybe we can say 30% of the voters were teachers.  I stand by my statement teachers do not vote.

It is really sad when educators simply lie or refuse to accept fact, and then are allowed in the classroom to teach our children.  This endorsement is worthless.  Teachers do not vote.  Further, those who do vote are engaged and know the candidates and have no need to consider endorsements.  Many who will vote were already tied to a candidate before the endorsement.

When you combine the historical low turn-out with the number of candidates and a plurality wins, the odds are all incumbents will win.

Monday, September 26, 2016


THE FBI MUST TAKE CONTROL OF THE MARY TIPTON HIT AND RUN CASE

Our police chief should be unable to show his face in public - to an officer involved in this case they are a disgrace and no one has been held accountable.

Look to my X - the officer wrote "failed to stop and render aid."  That is it.  The failure to render aid statute has two options - injury or death.  This report was generated after the body of Mary Tipton was found in the ditch face down in water.  The report lists neither injury nor death.  Further I only got this report after the AG ordered it released.  We now know why Chief Rodriguez wanted to hide it.

Next read the officer's discription of the accident.  It was a violent accident.  Why did the officer fail to inform the court whether or not the failure to render aid involved injury or death?  Why did Magistrate Judge Valerie Garcia assume it only involved injury and not inquiry as to injury or death?  At a minimum Valerie Garcia showed extreme inicompetence.  The report as written does not involve a crime because it does not allege injury or death as required by the statute.  She intentionally turned a blind eye.

The FBI needs to call in Valerie Garcia and the police officer and demand an explanation.  There is no excuse for the incompetence of both.  And as to our city commission refusing to call in the police chief and failing to demand accountability, what else is new?  He protects them and they protect him.

From the failure to stop and render aid statute:

"(c) A person commits an offense if the person does not stop or does not comply with the requirements of this section. An offense under this section:

(1) involving an accident resulting in:

(A) death of a person is a felony of the second degree; or
(B) serious bodily injury, as defined by Section 1.07, Penal Code, to a person is a felony of the third degree;"

How is it humanly possible with the discription of the accident as made by the officer, and with no comment as to injury or death, Valerie Garcia could have not asked if the failure to render aid was based on injury or death?  It is not possible and her defenders are without a conscience.  The city must fire her forthwith along the the FBI bringing her in for a full interview and debriefing as to why she wrote the bond based on injury and not death.

The FBI and DOJ need to take immediate control of this case.  

WHO WON THE DEBATE? NO IDEA

Trump was Trump to the point of saying not paying taxes makes him a smart businessman.  But it will not matter.  His core supporters do not care what he says.  He wants to turn Washington upside down and that is all that matters.  Hillary was more substantive, which will play well with her core supporters but will not move the angry American.  They do not think substantively.  And I do not blame them.  The best economists and foreign policy wonks cannot agree on anything, so why should the American people be invested in such such policy discussions.

CNN right now is reporting that 18 of the 20 people they had monitoring the debate voted Hillary as the winner.  The problem - the 20 people are invested voters, who do not reflect the average voter - so the poll is meaningless.

This race is any one's guess.  All I know is the American people are mad.  How that will play out on election day is any one's guess.

To even try and analyze this debate in terms of substance would be a waste of reality in terms of how this election is playing out.

TAKE THE TIME TO BE AT THIS DEBATE WATCH

No one is asking you to change your vote.  By being with other people, especially with people with whom you may disagree, you may be able to influence them to flip their vote based on the debate.  Both sides need to open their minds.

Personally based on current poll numbers Trump and Clinton have an equal chance of winning.  Based on trends I would predict Trump. Trump has been gaining ground for a month while Clinton has remained stagnant.  Now poll numbers three days from now may show Clinton has moved the trend back into her favor which would then have me predicting her as the winner.  It is still too early to predict anything with certainty. The debates may change things.  I do not know.  I personally think the core supporters of each side are locked in and nothing will change their minds.

But open your mind and attend this event.


THE AMERICA I KNOW

While I am by no means a supporter of the Bush family in terms of politics, I have always admired their sense of dignity which was instilled in them by George and Barbara Bush.  I love this picture because it speaks to dignity and respect for our differences.  This picture should become the gold standard of who we are as a people.

MAGISTRATE VALERIE GARCIA ONLY CHARGED MARISA HERNANDEZ WITH INJURY DUE TO ACCIDENT NOT DEATH

At the time Valerie Garcia, Magistrate Judge, working for the City of Brownsville, set bond based on injury from an accident instead of Accident Involving death, the evidence was clear - the crime was accident involving death.  Why was it changed to accident involving injury when the clear evidence was death not injury.  This certainly would have impacted the bond.

There needs to be a full investigation as to when Ernersto Gamez was retained and if he pursuaded Valerie Garcia to change the criminal charge from death to injury.

Something smells very rotten.

For the record I only secured this document after the AG ruled in my favor on an Open Records Request.  Why did the city try and hide this document which clearly shows Valerie Garcia changed the criminal complaint from death to accident.

Saturday, September 24, 2016


















IN STUNNING UPSET BROWNSVILLE EDUCATORS STAND TOGETHER ENDORSED DR. SILVIA ATKINSON OVER JOSE CHIRINOS, AND ERAMSO CASTRO OVER CATY PRESAS-GARCIA

"BEST Endorsements for BISD Schoolboard Places 5&7. We had our first forum this past Tuesday night for BISD places 5&7. Based upon the feedback from the members present, and the leading organizers and activists discussion of the forum and the candidates we are endorsing Erasmo Castro for Place 5 and Dr. Sylvia Atkinson for Place 7." Source:

Now I take these endorsments with a grain of salt.  The historical numbers show teachers do not care enough about their work place, or BISD to vote.  But is a close race, this could put either over the top.

The endorsements basically say, they are tired and want change.  This is consistent with national polling on the issue.  With three females splitting the female blind vote, and Castro being the only man on the ticket, he clearly has the best chance of beating Caty.  But in a plurality race, Cata may have enough core supporters to take this with between 33-35% of the vote.

This is a nose to nose horse race between Castro and Presas-Garcia.

JUST A REMINDER - BE THERE AND GET INFORMED

This is not to tell you how to vote.  It allows you to sit side by side with people you may not agree with and watch how each of you respond to the debate.  This is how we grow intellectually.  If you are unwilling to challenge yourself intellectually, you will never grow.  Go meet new people - you never know what will come of the event.  

IN THE FACE OF POVERTY AND UNDERFUNDING OF EDUCATION, CHILD PROTECTIVE SERVICES, AND ADULT PROTECTIVE SERVICES, IT IS TIME TO TAX THE CHURCHES

You cannot be a person of faith and defend this untaxed opulence.


THIS IS SO FUNNY AND SAD AT THE SAME TIME.  THEY ARE CLEARLY BIRDS OF A FEATHER

Friday, September 23, 2016


SWEATING BULLETS

I am on two antibiotics and all sorts of cold medicines and nothing works.  I am waiting on a ride back to the doctor.  Again I had to change my sheets in the middle of the night.  They were soaked through.

A QUICK NOTE ON TSC

CORRECTIONS ON TSC STORY

The original post will remain because I will not run from any mistakes.  But I will say this, TSC, its Trustees, and Administrators are in a mess.  Contrary to press reports and what many at TSC believed to be true, a reliable source is now telling me Lily Tercero rebuffed the offer from Texas A & M to help with the nursing program.  Only time will tell who is telling the truth.

Concerning the pass rate for the nursing program  the numbers were the opposite.  With the exception of this year they have gone down during the years of Tercero's leadership.  But remember a lot of these students were already in the system moving through the program when she came on Board.

But here is the problem, Tercero is going to produce endless complaints from various trustees that she was putting too much time into the nursing program while ignoring other needs of TSC.  This is where TSC broke down.  You cannot run a business as its CEO with 7 neurotic bosses constantly hounding you with different agendas.

If this Board were smart they would offer her one years wages and end it.  There is no issue Tercero messed up, but a trial will show a meddling inept Board which made doing her job nearly impossible.

They complained about her endless micromanaging and then blamed her when lower level administrators messed up on such things as the Windstorm.

In the end Tercero will land somewhere with a job, but the Board will be damaged for good.  Hopefully TSC will continue to grow.

ORIGINAL POST

First I contacted many sources at TSC and to a person they claim the lie being put out by Adela Garza that the State will shut down the nursing program is false.  Other than Adela no one at TSC has any knowledge of such a claim.

I have confirmed there are 4 votes to remove her as Board President over her obsession for personal gain to destroy the reputation of TSC so she can come across as its savior.  Staffers are warning Administration and Trustees they will tolerate her no longer and they better act.  The lawyers are arguing removing Garza could help Tercero.  The lawyers are idiots.

THE FACTS

When Lily Tercero came on Board the nursing program was falling apart.  The numbes actually show she has improved it significantly.  The lawsuit will show endless complaints by the Trustees that she was spending too many resources trying to save the nursing program.  Now the Trustees want to blame her for the problems they tried to stop her from fixing.  The litigation is going to be a blood bath for the Trustees as all of the emails and facts come out.

It is true for 2016 the nursing pass rate was under 80%, but somewhere in the 70 percentile.  The following numbes show since her arrival at TSC the numbers got better.  You begin with 2015, and backwards.  The 3 years were 71, 45 and 51 percent. Significant improvement was made under Lily Tercero.  She cannot be held accountable for the students who were in the system before she became president of TSC.  But when she saw the numbers she moved to correct the process notwithstanding endless complaints from the Trustees she was putting too many resources into the nursing program.  On this issue TSC will lose in court.

ENROLLMENT UP FROM LAST YEAR

Overall enrollement is up 25.34% from last year.  But Adela Garza is determined to destroy the reputation of TSC, so she can claim the position of savior.  Well Adela, staff and Trustees want you gone.  They are working hard to turn TSC around and are tired of your lies.  TSC will survive - unless this inept Board fails to act on the immediate removal of Adela Garza as Boad President.  She is a major liability in terms of the forthcoming Tercero litigation and a a detriment to TSC through her endless lies to do injury to TSC.

This does not mean the State will not pull the nursing program.  But Lily Tercero before she left made arrangements with Texas A & M to fix the problem.  I would be shocked if the State does not give Texas A & M one more year to try and fix the problem.