Thursday, October 1, 2015

 
VICTOR GARCIA CASE ONLY GETS WORSE
 
I am expecting more information from DPS in the morning, I expect to update this by 9 a.m.
 
ED CYGANIEWICZ RUNS COVER FOR DA SAENZ NEPHEW MY MARRIAGE
 
 
Sorry for the late posting, but I am running a fever over 100, finally just closed on my brothers house - papers signed - confirmed - and had to spend time interviewing supervisors in county clerks office.  I do not want to make a mistake.

WHAT IS LEARNED - ED CYGANIEWICZ FILED THE DWI AS A CLASS B INSTEAD AS A CLASS A.

The supervisors said that the prosecuting attorney enters into the computer the classification of the crime.  They were very clear that the following notation which is on the public system and their system could only have been entered by the prosecuting attorney You will note Cyganiewicz entered the charge as a class B and not a class A.  Judge Betancourt has already said on the record that if Victor Garcia's blood level was .15 or higher she would order an interlock device on his car.

Register of Actions
Case No. 15-CCR-04204
THE STATE OF TEXAS VS. VICTOR ALLEN GARCIA§
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Case Type:Adult Misdemeanor
Date Filed:10/01/2015
Location:County Court at Law II
Party Information
Attorneys
DefendantGARCIA, VICTOR ALLENMale White
180 lbs

  BROWSVILLE, TX 78521
 
The State of TexasTHE STATE OF TEXAS
  BROWNSVILLE, TX 78520


Charge Information
Charges: GARCIA, VICTOR ALLENStatute Level Date
1.  DRIVING WHILE INTOXICATED- 2015XMG01767/Padilla49.04Class B Misdemeanor06/07/2015


Events & Orders of the Court
   OTHER EVENTS AND HEARINGS
10/01/2015  Complaint (OCA)

Texas Penal Code 49.09(d)
 
" (d) If it is shown on the trial of an offense under this section that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor.

 
 
A little educational note.  In felony cases the document which charges the crime is called an Indictment.  In misdemeanor cases the document which charges the crime is called an Information.
 
You will note in this Information signed by Ed Cyganiewicz he states the blood alcohol level was .15 or higher.  By his own words the crime is a Class A misdemeanor, so why was it filed as a Class B?  Victor Garcia is Luis Saenz nephew by marriage.
 
 
 
 
Oh, it does not end there.  My investigation is slowed by how fast DPS gets me information.  At least one person in the other car was taken by ambulance to the hospital.  This does not mean they suffered actual injuries.  This is why one must investigate.  But if anyone suffered serious bodily injury then we are now at a felony level.  Does anyone trust Ed Cyagniewicz to investigate at this level. 
 
Why did Ed Cyganiewicz not subpoena the victims of Victor Garcia's alleged DWI to the hearing?  How is their testimony and possible injuries not important for Judge Betancourt to consider before ruling on the Motion to Adjudicate?

2 comments:

Anonymous said...

it is filed as a class A

BobbyWC said...

The online system from home, public online system at the court house and the county clerk all say it is filed as a Class B. Now, because the way it is written Judge Betancourt will adjudicate it as a Class A. But the entry which according to the clerk was made by Ed Cyganiewicz clearly says Class B

Bobby WC