Thursday, August 11, 2016


THREE CASES WHERE JUSTICE SEEMS QUESTIONABLE, CARLOS ELIZONDO, GABRIELA SALAZAR, AND MARISA HERNANDEZ - THE BV DOCUMENT DRIVEN WITH REAL FACTS, NOT MADE UP FACTS AND CONSPIRACY THEORIES

I will admit I was on the second floor of the Administration building pulling documents for the next two cases when I read about the Carlos Elizondo expungement case.  True to form Juanito has his facts wrong and is getting the law from someone not found on the internet.

First. the original case is right there for anyone to see on the Odyssey system. In fact while you cannot access the documents from home, you can see the case on line, which shows the dismissal.


No conspiracy here folks.

I will post the pleadings after I am done writing all three stories,  The expungement motion as of this moment, remains pending.  The Petition for Expungement seeks to expunge records in one felony and two misdemeanors.

Page one, where I redact his social security and drivers licence number, shows he seeks to expunge felony case 02-CR-00000691.



JUANITO HAS IT ALL WRONG

The indictment for case 691, has two counts of theft of wheel chairs [see above]  - yes you heard our Fire Chief was indicted on stealing two wheel chairs, can you get any lower?  There is zero factual reality to Juanito's story about the lumber company.  When I read it I knew it was false - Texas does not have debtor's prison.  It was a civil matter.  See below.  I think Elizondo has a defamation per se case against Juanito.

UPDATE:  I NEVER REALLY LOOKED AT THE LUMBER BILL

The case Juanito references was filed in 2002.  By his own admission it was for an act in 2001.  But the lumber bill shows the lumber was bought in 2003, and final notice sent in 2007.  This turkey just outright lied because he could not source the rumor he heard.

FURTHER, you will note not one troll commenting on Juanito's blog were smart enough to notice these glaring mistakes in the story allegedly verified by the very document used by Juanito to create his "story."

I HAVE NO IDEA WHERE JUANITO GOT HIS SUMMARY OF THE LAW ON EXPUNGEMENT BUT HERE IS §55.001 WHICH IS THE LAW

(2) the person has been released and the charge, if any, has not resulted in a final conviction and is no longer pending and there was no court-ordered community supervision.

The motion to dismiss filed by the DA says "property stolen was recovered and restitution was paid to victim."



In the file which is an old file and scanned as one big document I could not find an order of dismissal. Juanito claims no such file exists in the system but knows how much was paid in restitution and attorneys fees.  You do not pay the state attorneys fees in a criminal case.

Now did Juanito lie and use the information he found in the civil case involving the lumber company as facts related to the criminal case for the stolen wheel chairs? Yes- he just assumed one was related to the other because facts  do not matter, or he knew the truth and just lied anyway.

I did a quick google search on how the expungement law works under (2).  Law firms advertise that if you pay restitution and the charges are dismissed you can have your record expunged. Now to be fair I have known many a lawyer to lie about how expungement works to get people to pay them and then lose. I am unwilling to use my pay service to research the law.

I CAN SEE THE ATTACK COMING NOW

Remember when the BV posted the picture of Carlos Elizondo meeting with Presas-Garcia and Luci Longoria and Juanito attacked me and defended Carlos with a published  convoluted  conspiracy theory which he later retracted involving a city employee.  Ah, but then my friends Carlos was paying Juanito for silence and positive press,.  Hey Mike Hernandez remember this, Juanito changes sides on the drop of a dime based on who is paying what and how much.

BUT DID CHARLIE CABLER MESS UP?

It seems to me the city manager had an obligation to do a full background check on Carlos Elizondo before recommending him for Fire Chief.  If the city commission was unaware of this charge they need to bring Cabler and Elizondo into executive session and demand an explanation.  

Think about this my friends, our esteemed Fire Chief was indicted for stealing wheelchairs.  He only got off because he paid restitution.  This does not change the character issue raised by the indictment.

Call for help guys, I need a graphic of Carlos Elizondo running away with two wheel chairs.

As to the expungement there is nothing in the system which indicates a ruling from yesterday's hearing.  I do not know the answer as to whether or not he is entitled to an expungement.  The law seems vague and straight forward at the same time.  There is no final conviction, and the case was dismissed without any community supervision.

BUT REALLY FOLKS, THE BEST BROWNSVILLE CAN DO FOR A FIRE CHIEF IS A WHEEL CHAIR THIEF?

Hey Mikey Hernandez is this just another case of incompetence by our city commission you are going to ignore while claiming to want to clean up things?


GABRIELA SALAZAR CHARGED ON THE TXDOT FORM FILED BY THE BROWNSVILLE POLICE DEPARTMENT WITH WITH INTOXICATION ASSAULT REMAINS FREE INDEPENDENT OF HER LONG CRIMINAL HISTORY

The mug shot is from an older felony conviction for robbery.  She also has a felony conviction for burglary of a building.  She has 6 misdemeanor cases which include deferred adjudication for assault In that case she along with the bondsman were sued when she failed to appear. Now on that one it may have been the result of Judge David Gonzalez's incompetence.  David is know for issuing wrongful capias for failure to appear.  It is not clear to me from the pleadings but the bonding company appears to suggest she was in jail and could not appear without the court requesting her appearance from jail.

With enhancements Gabriela Salazar is looking at possible significant jail time this time around.  She has every reason to skip out.

THE VICTIM

Well her victim was taken as a trauma patient to University Hospital in San Antonio.  He remains there until further notice.  The surgeons could not do the pelvic surgery because Valley Baptist took no action for nearly three weeks thereby allowing the pelvic bones to be to fuse back together.  The victim is in for a long term recovery.  He was moved today to in hospital physical  therapy.  He cannot be moved back to Brownsville at this time.

Also forget about the fact the family will never allow the police to interview him - once detective Clipper already played his cards and the family knows he cannot he trusted.  Two, Valley Baptist did nothing to get him treatment for the brain injury which included blood in the brain ventricles and a hematoma.  After extensive testing he has lost parts of his memory.  His memory of many things is highly questionable and he will remain in rehab for some time to try and restore his memory.

For now the family hopes he will walk again some day and regain all of his brain functions. No one is willing to predict his long term prognosis - so while he remains a prisoner in effect in the hospital the drunk driver remains unarrested because the officers at the scene messed up and Chief Rodriguez refuses to take corrective action and DA Saenz refuses to have her arrested pending indictment.

WOW WHAT A SYSTEM A FIRE CHIEF WHO STEELS WHEEL CHAIRS AND A POLICE CHIEF WHO REFUSES TO ARREST PEOPLE CHARGED WITH INTOXICATION ASSAULT - ARE YOU PROUD BROWNSVILLE CITY COMMISSION?

AS FOR GABRIELA SALAZAR WITH A LONG CRIMINAL HISTORY SHE REMAINS FREE AND OUR ESTEEMED POLICE CHIEF WILL TAKE NO ACTION BECAUSE ONCE HIS OFFICERS MESS UP HE WILL RUN COVER FOR THEM RATHER THAN EXECUTE JUSTICE 

Which brings me to Marisa Hernandez



MARY TIPTON

Elsewhere in social media this case has become a three ring circus and it sickens me.  A good blogger understands the role of the moderator.  You keep the garbage out.  You do your best to verify facts before you allow a bunch of internet trolls to turn a tragedy into a circus.

Apparently the Marisa Hernandez supporters want every one to believe Ralph Tipton is keeping this going for money.  As I reported more likely than not the policy limit was $30,000.  Well I have verified this to be.  On the court house system the case shows to have settled for policy limits.  In fact the written offers from the two insurance companies are on file with the court.  There are two policies because the car was owned by someone other than Marisa Hernandez.  The payment was $60,000.002.

As to Ralph you minus the 40% claimed by the attorney and the costs which included a lot of depositions.  These were not cheap.  The money side of this case is done.

Reporter's Certification Deposition Of:
Marin Alejandro Hernandez Taken March 4, 2016
04/18/2016Motion Hearing  (9:00 AM) (Judicial Officer Nelson, Arturo Cisneros)
THIRD PARTY'S MOTION TO QUASH DEPOSITION
04/18/2016Reporter's Certification Deposition Of:
Officer Esteban Nino Taken March 4, 2016
04/18/2016Reporter's Certification Deposition Of:
Karla Escobedo Taken March 18, 2016
04/18/2016Reporter's Certification Deposition Of:
Mario Hernandez Taken March 4, 2016
04/18/2016Reporter's Certification Deposition Of:
Emmanuel Hernandez Taken March 18, 2016
04/22/2016Reporter's Certification Deposition Of:
Marinthia Hernandez taken March 18, 2016
04/25/2016Reporter's Certification Deposition Of:
Viviana Mascorro taken March 18, 2016

The first deposition is that of the officer who was assigned the case about 2 hours after the accident, so it is alleged.  There are cross accusations as to what happened.  The deposition for now is the best evidence.  Mr. Tipton paid for these depositions through his portion of the settlement so he owns them.  He is making demand for them so it becomes a matter of what the witness swore to versus what everyone is posting on the internet.

There is an allegation that a search was made for what or who was hit before the police were called.  The 911 call and the deposition of these witnesses will tell us if they searched before calling the police.  If they did Marisa has no real defense.  The 911 call is also important because it informs us if Marisa or whomever called 911 for her played the entire incident down thereby impacting how willing the officer was to investigate.

So now we wait for the sworn testimony without trolls controlling the direction of this investigation.  This circus must stop.

2 comments:

BobbyWC said...

Look I support your post 1000%, but on these matters I try to keep 3rd parties out. But I agree you nailed a lot of important issues. Can you give me a lead on the person you say is being investigated.

I know of a possible investigation, but not the one you mention.

I will follow it if you give me some guidance. I do know a lot of people who will work with me if I ask then a straight question - I just need a lead.

Sorry I cannot post your comment, but we are both on the same page - The entire city commission has to go and it is no great secret Elizondo had the full support of Cesar and Jessica as payback for working on their campaigns - all three are a disgrace to Brownsville and humanity.

So I gave you part of your comment.

Bobby WC

BobbyWC said...

Dude I am just down the block - all you are giving me are general allegations with no leads. We can meet your choice

bobbywc58@yahoo.com