Tuesday, September 17, 2013


 
VICTOR AND KACIE GARCIA -
BOTH ACCUSED OF DWI
WHEN WILL OUR DA GET SERIOUS

Yes I have done this post many times.  I checked the court records yesterday and although it had been a week since their arrest, neither had a  criminal case formally filed against them.  Victor's will have to go to the grand jury, but not Kacie DWI case.  Her tampering with evidence case will have to go to the grand jury.  I will continue to keep an eye on this story

The alleged facts are Victor was driving intoxicated when he caused an accident.  The victim ended up in the hospital.  Kacie switched seats with Victor and took over the driving as they  fled the scene.

Our current and past DA's have not taken DWI serious.  It has been over 20 years since Dallas  successfully instituted a policy of all DWI plea bargains must include a plea of guilty, a finding of guilty and 2 years probation with every condition of probation allowed by law tagged on to the terms of probation.  The defendant avoids jail time and a lot higher fine.

In Cameron county Brownsville municipal judge Ben Neece will allow you to stack up 3 DWIs in 13 months without having to post one penny to get out of jail.  Typically a condition of bond is you commit no further crimes.  Here in Cameron  county you can continue to commit crimes and not have to worry about having your bond revoked if you are arrested again.  While judges have the right to impose certain conditions on people charged with DWI - especially multiple DWI's not in Cameron county - the judges refuse to do their job and our DA could not give a rats ass.

Every DWI case needs to  be reviewed by the DA's office to determine the sufficiency of the bond.  They then need to file the necessary motion to have the bond properly set with the proper conditions, which in Texas  could mean no driving unless you put a breathalyzer type machine in your car - this happens with multiple DWIs.

But nothing will happen - like everything else in Cameron county corruption and greed decide this issue.  MADD does not care one bit about our safety.  Their silence is deafening.  So long as they get their part of the fines, MADD will remain silent about the DWI problem we have and the unwillingness of DA Saenz to take action.

3 comments:

Anonymous said...

While dwis are a serious problem, mandatory sentences regardless of situation are not the answer. Real justice requires that a prosecutor look at the totality of the evidence before offering a plea deal. A prosecutors's job should be to do justice, not to appease MADD for PR purposes.

BobbyWC said...

I agree with what you are saying - but MADD is definately not a voice here - they are dead silent.

In Dallas we tried a lot of DWI's because of the rule - we won some and lost some. In black and white cases judges tended to hit the defendant hard - in week cases the judges tended to give probation.

But the defendants knew this and the smart ones who knew they could not win were very happy with the 2 years probation and conviction.

But in Cameron county with zero fear of a conviction if you plea - why not just drive drunk?

Bobby WC

Anonymous said...

I assume you are familiar with common law. In Cameron County, precedent is as binding as the fresh licked seal on a politiquera's mail-in ballot.