Wednesday, September 2, 2015


VICTOR ALLEN GARCIA, RELATED TO DA SAENZ BY MARRIAGE FACES ANOTHER DWI CHARGE [WELL MAYBE], AND A MOTION TO ADJUDICATE HIM GUILITY ON HIS PREVIOUS CHARGE WHERE HE LEFT A MAN TO DIE ON THE SIDE OF THE ROAD WITH OVER $800,000 IN MEDICAL BILLS

This story is still developing. The documents I will post will show that set for September 11, 2015, at 9 a.m. is a Motion to Adjudicate Victor Garcia's guilty plea to "Failure to Report Felony with Serious Bodily Injury or Death Results."  § 38.171  of the Texas Penal Code.  It is a class A misdemeanor.

The penalty can carry one year in jail and up to a $4000 fine..

For the details of this case click on Valley Central.

"Both Kacie and Victor Garcia are related by marriage to Cameron County District Attorney Luis Saenz.

Saenz told Action 4 News that he recused himself from this case immediately while attorney Ed Cyganiewicz took over as special prosecutor"

It is no great secret when Cyganiewicz is assigned as a special prosecutor things go in Saenz's favor - in this case the favor of Saenz's family members.

IT DOES NOT END THERE

The basis for the Motion to Adjudicate is a new DWI dated June 7, 2015.  Magistrate Judge Alfredo Padilla wrote the charge as a DWI 1st.

There is no record within the county clerk's office of the DWI charge from June 7, 2015, being filed.  The magistrate court clerk informed me that once Padilla set bail it became the job of the DPS officer Enrique Garza to file the charges at the DA's office.  DPS could take a week or longer to answer my question as to whether or not the charges were ever filed.  I have already made the call. [see below for formal DPS response]

According to seasoned attorneys in this area, a simple misdemeanor DWI charge from a June 7, 2015 arrest should already have been filed.

DPS has no reason to not file it.  Further, the fact Cyganiewicz, is using it as a basis to adjudicate Victor Allen Garcia guilty means he has the criminal package.  It would be required to move forward on the adjudication.

SO THE QUESTION IS ED CYGANIEWICZ, WHERE IS THE NEW DWI CHARGE? - WHY HAS IT NOT BEEN FILED?

While Cyganiewicz has certainly filed the motion to Adjudicate which must be on evidence, DPS is claiming the final investigation has yet to be filed with the District Attorney's office.  How do you have a hearing to Adjudicate guilt based on a new DWI when DPS is saying they have not even filed the charges yet?  Cyganiewicz should have held on getting a hearing until he has the formal criminal charge filed by DPS.  Something is not right.

The judge under these circumstances should certainly sentence the defendant to the one year and the $4000 fine.  He will do 4 months and be out.  But no - he will walk with a slap on the hand to drive again. 

By the way the other reason for the Adjudication is he failed by court order to register for Alcoholic Anonymous.  But hey, why follow court orders when your uncle is DA Luis Saenz?




6 comments:

Anonymous said...

very interesting bobby. can you provide some insight in the latest BISD Million dollar lawsuit for some employees. do you have those documents?

BobbyWC said...

Nope - it could be weeks - I cannot find where the BISD board approved any settlement involving BISD funds. the insurance company lawyers cannot bind BISD in any settlement. So for the most part I think the story is in part bogus.

Now the insurance company can settle with their funds without BISD money. BISD can object, but then subject themselves to exposure for any final judgment greater than the rejected settlement.

In the time it takes the Board to settle this, no documents will be available

Bobby WC

Anonymous said...

A criminal negligence wrongful death case against a doctor was also filed almost identical to this cover-up. The civil wrongful death was filed in Judge Laura Batencourt's court as a probate case, on April 5, 2010. |Case # 2010-CPC-00101-B, filed by so called attorney Juan Angel Guerra. This so called civil procedure was filed a month before Guerra arranged a meeting with Valley Baptist Hospital attorney Will Hughes. He and Will Hughes had already settled the wrongful death case by filing a chapter 74, Health Liability cause, yet the murder was committed in the year 2002, before the Health Liability statue was even in effect. Of course this would not have happened without the help of convicted former DA Armando Villalobos, Charles Mattingly, Marc Rosenthal, Limas, Judge Nelson and FBI Mark Gripka, all have documentation of such incident. |Convicted Mac Rosenthal and Armando Villalobos even called the victims' family and chuckled about not taking the case because of Statue of Limitations, even after the recent indictment, So what else is new Bobby? This and many, many more documented cases of this corruption but no action against the wrongdoers. This is my opinion

BobbyWC said...

The primary reason I keep the BV going right now is I have too much out there under investigation and waiting to see if state and federal agents act.

Until a DOJ or FBI agent will go on record that they asked Saenz to not prosecute Oscar de la Fuente, Saenz is basically protected. If Saenz publicly states he did not prosecute Oscar at the DOJ or FBI request, Villalobos walks out of jail because then the evidence is clear the DOJ intentionally mislead the jury.

I have been told this happened, but no one will officially go on record because they know even though the law protects them, they will be fired and their peers will make their life a living hell.

So much for justice

Bobby WC

Anonymous said...

I'm wondering how these two drunks could afford the top dollar attorneys that represented them Noe Garza ( who just threw a big bash birthday party for LUIS SAENZ at his ranch) and Ed Stapleton what kind of deals r they getting in return for representing these two idiots just saying!!!!

BobbyWC said...

maybe they are court appointed

Bobby WC