Saturday, November 22, 2008


(sample picture of corporal punishment which has been outlawed in most states)



In the small historic town of Refugio, Texas there is trouble that could put them in the history books for a very different reason: Suspicion of repeat child abuse through corporal punishment by Assistant Principal Rios. El Defenzor, through its several day investigation has uncovered that law enforcement, hospital personnel, including Dr. Pierce, and school officials of Refugio may have intentionally or negligently delayed a priority one Child Protective Services report which is mandatory for each of these entities to do and has caused an uproar at South Texas CPS facilities.

Confidential sources in the know with the Child Protective Services Department have revealed that 72 hours went by before CPS were informed of the extent of the child’s injuries and the severe injuries to a disabled child were downplayed as a spanking by principal and superior to Joe Rios, Mrs. Lara. These injuries included multiple bruising and elevated welts that left the child reportedly in excruciating pain, severe back pain and cost him a visit to an emergency room. CPS department sources which remain anonymous indicated that the CPS investigators were in a rage that the full extent of the injuries had not been reported by all three entitie: The School, The Hospital and Law Enforcement until a local TV station broke the story. Curiously it was only then that the mother's cries for help received full attention from all of the above Refugio institutions.

Reportedly, the child’s mother did not realize that when she consented to one “lick” in lieu of having her son lose out on several days of suspension for a small altercation with another child, it would lead to physical injuries so substantial that 5 days later, welts and bruises remain and the child remains in pain and reportedly withdrawn and having night terrors.

The mother was quoted as saying, “ Principal Rios should pay for what he did. No child should have to go through that. There is a big difference between a spanking and a brutal beating. That’s what happened here. Assistant Principal Jose Rios should not be near children. Any parent doing that would be in jail right now. He told me at the beginning of the year he knew how to straighten out my son and I told him he had special needs and to let Principal Lara who was familiar with my son's disabilities handle it. Rios did it his way and look what happened. You trust these people to do the right thing and now my son is beaten so severely he can barely sit down days afterward. I discipline my children with or without spankings but you don't leave bruises, welts and damage like this. Principal Rios went crazy on my son. I demand justice for my son. Rios' apologies don't take back the physical child abuse which has happened here."

Corpus Christi Attorneys, for the boy and the mother spoke for the family in front of the major TV networks here in South Texas and echoed the mothers concern, “ This young man was beaten not spanked. There is an old saying, ‘if you hit a man it is assault, if you hit a woman it’s domestic violence, but if you hit a child it’s for their own good.' We need to look at that belief and decide when justified physical discipline becomes brutality. Here we think abuse occurred and injury to a child. Even, the school board and superintendent have not put a restraint level on how many times a child can be struck and leaves much discretion to the person administering corporal punishment and abuse and must be addressed.”

Texas is but a dozen or so states that still allows “spanking” in the schools and leaves it to the discretion of the school board on how to administer the corporal punishment. Many researchers have shown that spankings are controversial and may lead to further aggression and violence, particularly in young men. El Defenzor’s investigation reveals that the young man is named Andy, is 10 years old, four and a half feet tall and weighs about 55 pounds and the principal who gave the “three licks” is about 5’10” and over 200 pounds and was known as Coach Rios before he become assistant principal Rios at the elementary level.

Two citizens of Refugio spoke to us under anonymity and were quoted as saying, “This is not the first time parents have complained about “Coach Rios”. He hit some kids at the high school level with complaints following the beatings, but now he’s gone too far and severely beat a child that we hear is disabled and the police are dragging their feet. I guarantee if it had been a white kid with special disabilities they would never have been touched in this town. He brought his style of discipline from the high school down to the elementary school. You are not paddling 150 pound freshman football players. This was a 10 year old boy that weighed 55 pounds and we saw the result on his behind all over the news. It’s a disgrace to the Refugio school system and it looks bad on the doctors and nurses and teachers and the police who didn’t report it to CPS correctly and officially for 3 days. It took pictures on TV to make them follow the book and not sweep it under the rug.”

Refugio School Board policy is very vague but one thing is certain, the amount of force used by Assistant Principal Rios on a disabled child with ADHD, a heart condition and asthma is being seen by many throughout Texas and nationally (CNN possibly investigating) as criminal and felonious injury to a child. At the very least the school knew or should have known that this man was a threat to children because of past complaints and did nothing about Rios or the situation. Even after the mother discovered the welts and brusing and hematomas while young Andy was undressing for his bath the night of the 17th of November of this year, and reported it to police the Refugio officials apparently dragged their feet and are downplaying it as a spanking. Where is the paddle? Why didn't they report it themselves to CPS in that first 24 hours? Instead they gave the mother a card to call CPS which according to research by El Defenzor is against the law by the police officials, hospital personnel including Dr. Pierce and the school officials themselves. Incredulously, the assistant principal 4 days after the event still has not been removed from duty and based on the severe beating given a disabled child should lead CPS to see him as a danger to children.

The mother of the child, Corina Gonzalez, and the attorneys could not be reached for comment but were quoted on TV as saying that this was clear cut abuse, not a paddling. El Defenzor will be continuing this story in a 3 part edition looking into corporal punishment and the behavior of Joe Rios, the Assistant Vice Principal and whether or not he will be charged with injury to a child by the Refugio County District Attorney.

Homero Villarreal




Cause No. _____________

v. § AT LAW NUMBER______


A. Discovery-Control Plan
1. Plaintiff intends to conduct discovery under Level 2 of Texas Rule of Civil Procedure 190.3
B. Parties
2. Plaintiff David Torres is a resident of Nueces County, Texas
3. Defendant Bryan Smith, individual, is a resident of Nueces County, Texas and may be served with process at 321 John Sartain St., Corpus Christi, Texas 78401.
4. Defendant City of Corpus Christi is a municipal corporation and a political subdivision of the State of Texas, who may be served by serving its acting City Manager Angel Escobar at 1201 Leopard St., Corpus Christi, Texas 78401
C. Jurisdiction
5. The individual parties to this lawsuit are residents of Nueces County, Texas. The municipality herein is located in Nueces County, Texas.
D. Venue
6. All matters alleged herein occurred in Nueces County, Texas.

E. Facts
7.1 On or about May of 2007, Assistant District Attorney Jack Pulcher informed Plaintiff that a police officer had purchased a vehicle from the police impound lot. Jack Pulcher again retold the same story to Plaintiff David Torres and Detective Gilbert Garcia. As a result of that information, Plaintiff specifically informed Assistant Chief Kenneth Bung of the allegations that officers were purchasing vehicles from the impound lot for their own personal gain. During that meeting, Assistant Chief Kenneth Bung did not tell Plaintiff that he was already aware of the situation or that he knew that the former Chief of Police Pete Alvarez had allegedly acquiesced to this activity by police officers by doing nothing about it. The investigation revealed that Captain Jerry Vesely, Lieutenant Weldon L. Weber and Senior Officer Martin Jasso were persons involved in inappropriately and illegally purchasing vehicles from the police impound lot. Assistant Chief Kenneth Bung, Commander John Moseley and Commander Mike Walsh never informed Plaintiff that they had been aware of this illegal activity since 2004 and had done nothing to stop it.
7.2 Plaintiff David Torres had uncovered and reported a situation that could prove embarrassing and inexcusable for the police department. This investigation would definitely have a detrimental effect on the career of Police Chief Bryan Smith. Commander John Moseley, Commander Mike Walsh, Assistant Chief Kenneth Bung and Police Chief Bryan Smith never informed Plaintiff that they were aware of the illegal activity at the impound lot by these police officers. In fact, Plaintiff and Detective Gilbert Garcia informed Assistant Chief Bung that Ronnie Berglund, the Impound Supervisor, told Plaintiff and Detective Garcia that he and his supervisor, Aaron Rios, had previously notified the police administration about Captain Jerry Vesely’s actions in buying multiple cars from the impound yard. In order to avoid any semblance of complicity in criminal conduct by the Corpus Christi Police Department, Chief of Police Bryan P. Smith began his conspiracy to frame Plaintiff by making him a “suspect” in this vehicle impound matter. Plaintiff was interviewed by Internal Affairs on August 17, 2007 and again on November 27, 2007. The interview focused on fabricated allegations by Captain Jerry Vesely, Lieutenant Weldon L. Weber and Senior Officer Martin Jasso that Plaintiff (1) knew of police officers purchasing vehicles from the police impound lot and (2) never indicated that the practice was inappropriate or illegal. In addition, Assistant District Attorney Jack Pulcher participated in this conspiracy and provided a false statement to Internal Affairs that he never informed Plaintiff of any wrongdoing at the police impound lot. At no time during the questioning of Plaintiff David Torres did Assistant Chief Kenneth Bung, Commander John Moseley, Commander Mike Walsh or Chief Bryan Smith inform anyone that they had been aware of this criminal activity at the police department since 2004.
7.3 On April 22, 2008 Senior Officer Larry Serna at the direction of Defendant Bryan Smith conducted a polygraph examination of Plaintiff. According to Senior Officer Larry Serna, the polygraph examination of Plaintiff allegedly resulted in a finding of “Deception Indicated” regarding three (3) areas of inquiry – (1) Did Plaintiff have knowledge that police officers were purchasing vehicles through the police impound lot prior to May 16, 2007; (2) Was Plaintiff being truthful to Internal Affairs during Plaintiff’s two interviews; and (3) Did Plaintiff have knowledge that Captain Jerry Vesely had purchased a vehicle through the police impound lot prior to May 16, 2007. Plaintiff demanded a second polygraph from Chief of Police Bryan P. Smith, especially since the examination revealed “No Deception Indicated” regarding Plaintiff’s assertion that he initially received the police vehicle impound information from Assistant District Attorney Jack Pulcher. Although the findings were blatantly inconsistent and in all probability fabricated, Chief of Police Bryan P. Smith nevertheless denied Plaintiff’s request to allow a second polygraph examination or to review the results. In addition, Defendant City of Corpus Christi has to date refused to provide Plaintiff with the polygraph test and results so that he can review and test the polygraph examination for accuracy and intentional false readings. Plaintiff David Torres contends that the polygraph was used in a malicious attempt to falsely transfer criminal guilt from certain members of the Corpus Christi Police Department to Plaintiff David Torres. High command staff of the Corpus Christi Police Department’s administration knew that this criminal conduct at the impound lot had been occurring since 2004.
7.4 On April 23, 2008, Chief of Police Bryan P. Smith issued Plaintiff a letter of Contemplated Disciplinary Action in the form of Termination of Employment, stating in part, that “Honesty and integrity are paramount in the law enforcement profession.” This contemplated Letter of Termination was essentially based on statements made by persons who committed criminal acts and on a tainted and predetermined polygraph examination designed to make Plaintiff David Torres the scapegoat. In addition, the Internal Affairs’ file did not contain any interviews of vital witnesses that would prove that Assistant District Attorney Jack Pulcher, Captain Jay Vesley, Lieutenant Weldon L. Weber and Senior Officer Martin Jasso were not being truthful. It was patently obvious that the investigation by Chief of Police Bryan P. Smith and Internal Affairs was specifically intended to culminate in a predetermined and pernicious conclusion – To frame and falsely accuse Plaintiff of the criminal conduct and shift the guilt from the true criminal perpetrators to Plaintiff. Defendant Smith’s intent was to also quiet the Plaintiff. At no time did Chief Bryan Smith inform Plaintiff David Torres of his complicity with members of his administrative staff. Engaging in criminal conduct and using the police department for one’s personal illicit gain is outside the course and scope of Defendant Bryan Smith’s employment. As such, Defendant Bryan Smith at all times herein acted individually and outside the scope of his authority as Chief of Police for the City of Corpus Christi.
7.5 On April 25, 2008, Plaintiff and Corpus Christi Police Officers Association President Domingo Ybarra met with Chief of Police Bryan P. Smith. Initially, Chief of Police Bryan P. Smith offered Plaintiff “alternate disciplinary punishment”. This essentially would have placed Plaintiff on probation and at the mercy of the Chief of Police. “Alternative disciplinary punishment” means that the Chief of Police would place Plaintiff on probation, and the Chief of Police would have the authority to unilaterally decide when Plaintiff committed any infraction, subjecting Plaintiff to immediate termination without any right to an appeal or grievance process. Plaintiff refused the offer. Chief of Police Bryan P. Smith then gave Plaintiff the option to retire in lieu of termination. Plaintiff again refused the offer. At this point, Plaintiff told Defendant Bryan Smith, in the presence of CCPOA President, Domingo Ybarra, that Assistant Chief Kenneth Bung had committed several illegal acts and engaged in major violations of the Rules Manual. Defendant Smith stated that he did not want to do anything to Assistant Chief Bung because he was going to retire in August of 2008.
7.6 Since Plaintiff did not retire as expected and told Defendant Smith that he would have to terminate Plaintiff’s employment, Chief of Police Bryan P. Smith immediately gave Plaintiff a letter stating that he was demoted to Captain and was to immediately report to Commander J. V. Garcia for patrol duty. He also gave Plaintiff another letter stating that Plaintiff was suspended for two hundred forty (240) hours. Plaintiff signed the demotion and suspension letters, indicating receipt of the disciplinary punishment documents, in the presence of Corpus Christi Police Officers Association President Domingo Ybarra. As Plaintiff was about to leave the office, Chief of Police Bryan P. Smith pulled the disciplinary documents from Plaintiff’s hands and told Plaintiff that he had to discuss this situation with City “legal”. Plaintiff was told to return to the Chief’s office some time later in the afternoon. After allegedly meeting with “legal”, Chief of Police Bryan P. Smith returned to give Plaintiff a Letter of Reprimand. The letter did not mention the results of the polygraph examination nor Plaintiff having any prior knowledge of police officers purchasing vehicles from the police impound lot. Instead, Plaintiff was reprimanded because the criminal investigation of Senior Officer Martin Jasso “indicates that the level of said investigation was well below what I would consider an acceptable standard”, indicating “a lack of investigative integrity and attempts to make said investigation culminate in a predetermined conclusion.” In other words, Plaintiff David Torres was essentially accused of criminal conduct, i.e., tampering with evidence and conducting a criminal investigation to achieve false results. Defendant Bryan Smith knew that Plaintiff, Detective Gilbert Garcia, Captain John Houston and Lieutenant Raymond Lara had previously met with District Attorney Carlos Valdez to discuss the “impound lot” investigation and findings. Mr. Valdez informed them that it was a good case for prosecution but the statute of limitations had expired. In other words, this matter began in 2004 and no one in the Corpus Christi Police Department Command Staff with knowledge of the events presented the case to the District Attorney for prosecution within the statute of limitations. It was now too late.
7.7 At all times herein, Defendant Bryan Smith acted individually and outside the course and scope of his employment with the City of Corpus Christi, trying to protect himself and his job. Defendant Bryan Smith in concert with others in his administration engaged in contemptible conduct designed to destroy and ruin the career of an innocent policeman by falsely accusing Plaintiff David Torres of criminal conduct in order to conceal their own criminal activity and to “save their own hide” from possible criminal prosecution.
7.8 Prior to May of 2008, Plaintiff requested that the police department investigate several instances of wrongful conduct being perpetrated by various members of the department. Peter G. Merkl, Assistant City Attorney sent a letter dated May 14, 2008 to the undersigned counsel in which he assured Plaintiff that the allegations would be investigated by the Internal Investigation Division. No such investigation ever occurred. Instead, Chief Bryan Smith used the Internal Affairs Division for his personal use and began to essentially investigate every aspect of Plaintiff David Torres’ life in order to justify his nefarious plan to shift criminal culpability away from him and his cronies towards an innocent party with no regard to decency, honor or conscience.
7.9 After May 15, 2008, Defendant Bryan Smith made Plaintiff a criminal suspect in an alleged corruption case investigation. In fact, internal affairs and Defendant Bryan Smith contacted the Texas Ranger’s office to seek criminal charges against Plaintiff. It was determined that the allegations were unfounded and had no merit.
7.10 Defendant Bryan Smith also sent an internal affairs officer, Ruben Vela, to interview a Chief of Police from another city in an attempt to gather inculpatory information against the Plaintiff regarding an issue that Plaintiff had no involvement or participation in. It was determined that the allegations were unfounded and had no merit.
7.11 Internal Affairs investigators were also sent to the Child Advocacy Center to investigate alleged inappropriate conduct by Plaintiff relating to a civilian board dispute. The allegations were determined to be unfounded.
7.12 Defendant Bryan Smith also sent Internal Affairs investigators to interview a Corpus Christi police officer regarding a sexual harassment complaint to determine if the Plaintiff was involved in any manner with this allegation. The allegations were determined to be unfounded.
7.13 Defendant Bryan Smith also intentionally did not present material evidence and vital witnesses before the Jerry Vesely Arbitration hearing in order to predetermine the outcome, i.e., reinstatement of Jerry Vesely. Specifically, Captain Vesely, prior to his termination, had ordered three officers to make false statements in an affidavit in order to justify the seizure of a vehicle. Ultimately, one officer complied with the order and signed an affidavit containing false information which justified the seizure of a citizen’s vehicle. This vehicle was eventually released to the rightful owner with no impound fees assessed against the owner. Five police officers had made themselves available for the arbitration hearing to testify about Captain Vesely’s inappropriate and illegal conduct regarding this false affidavit. Lieutenant Jason Brady also presented an investigative packet to internal affairs regarding Jerry Vesely’s actions in attempting to force police officers to file false reports. In addition, Captain John Houston also forwarded a similar investigative packet from the Criminal Investigations Division to Internal Affairs regarding Jerry Vesely ordering police officers to sign false affidavits to justify the seizure of a vehicle. Defendant Smith did not include this matter in Jerry Vesely’s Notice of Termination and never requested the presence of any of these officers at the arbitration hearing for testimony. In addition, Plaintiff was the commanding officer in charge of the Vesely impound investigation. Although Plaintiff had specifically contacted City legal to make himself available for the arbitration hearing, he was never contacted to testify at the arbitration hearing. Jerry Vesely was reinstated with back pay. Captain Jerry Vesely is now a supervisor in the Corpus Christi Police Department proudly wearing a badge and carrying a gun.
7.14 Defendant Bryan Smith did all of the above in his individual capacity in a concerted attempt to frame and bring false charges against the Plaintiff, using the Internal Affairs Division as his personal rogue detective agency in an attempt to falsely accuse Plaintiff of criminal conduct and to forever destroy Plaintiff’s career in order to protect Defendant Bryan Smith and his cronies and to keep these illicit criminal acts secreted.
7.15 There is no question that Defendant Bryan Smith engaged in this conduct to personally protect himself. Defendant Bryan Smith attempted to garner positive media publicity by publically proposing marriage to a female on April 15, 2007. (C.C. Caller-Times: Chief steals no bases, just her heart) Unfortunately, this media honeymoon abruptly ended in less than a week. Defendant Bryan Smith was accused of rape by his former girlfriend, and media frenzy ensued. (C.C. Caller-Times: DA: Woman accuses police chief of rape; Woman who accused police chief has attorney; Incident report involving police chief released; City hangs on to reports in allegations against chief; Report: Smith texted woman; Smith inquiry being delayed) In May of 2007, the same month that the Plaintiff brought this impound lot scandal to the attention of Assistant Chief Kenneth Bung, the alleged rape case was set to go to the grand jury for indictment. (C.C. Caller-Times: Smith case goes to grand jury on May 25; Jurors to hear Smith case on May 25; Carlos Valdez is right to expedite the Smith case; Valdez, Ranger discuss evidence; Grand jury meets Friday in sexual assault case against police chief; Smith’s accuser arrives at grand jury hearing) During this period, Bryan Smith was forced to hire an attorney to represent him and was forced to admit to his fiancé that he had strayed from their relationship. (C.C. Caller-Times: Smith denies sexual assault: Texas Rangers Investigate) Defendant Bryan Smith’s entire life was now under public scrutiny. (C.C. Caller-Times: No indictment for police chief; No indictment) Also in May of 2007, the Police Officer’s Association decided to back Skip Noe in his decision regarding Bryan Smith’s future. (C.C. Caller-Times: City’s police association backs Noe in Smith case) In June of 2007, the local newspaper reported that Bryan Smith now faced his greatest challenge which was to try and regain some credibility with the community and his department after the grand jury decided to “no bill” the rape charge. (C.C. Caller-Times: Police chief takes on his greatest challenge)
7.16 In July of 2007, a former employee reported to the local media that the Corpus Christi Police Department was backlogged by over five thousand (5,000) police reports not being entered into the system. (C.C. Caller-Times: Ex-police lieutenant points out backlog of reports) The former employee indicated that it was a four month backlog. Again, Bryan Smith found himself under scrutiny answering questions about his failed leadership. Bryan Smith did admit to the backlog and attempted to diffuse this adverse publicity by providing veiled excuses.
7.17 In August of 2007, Bryan Smith found himself again in the media unable to shake the accusation of rape. With numerous people and agencies making open records requests to the Texas Department of Public Safety for the rape reports and investigation, Bryan Smith again hired an attorney to try to keep them concealed. In August of 2007, however, the Attorney General ruled that the public interest in determining the credibility of its police chief far outweighed any privacy issues and ordered the rape investigation and reports be made public. (C.C. Caller-Times: AG: Rangers must give chief’s accuser info) It is during August that the first internal affairs interview occurred with the Plaintiff – now a suspect to alleged criminal conduct regarding the impound lot matter.
7.18 In November of 2007, the Chief came out publicly stating that the officers had abused their power in purchasing vehicles from the impound lot - but did not mention that the information had come from and was brought to light by the Plaintiff and that this practice had been going on for years. (C.C. Caller-Times: Police captain put on paid leave in probe of impound lot practices) In November, Plaintiff was again brought before Internal Affairs for questioning regarding the impound lot investigation.
7.19 In December of 2007, the Chief of Police found himself defending the department regarding a man in custody that died after being pepper sprayed by his officers. (C.C. Caller-Times: Man dies in police custody) These officers were put on paid administrative leave pending an investigation. Also in December, the newspaper printed an article advising the public that there would be a vote to determine whether a majority of the Corpus Christi Police Officer’s Association members still had confidence in Bryan Smith and other head administrators. (C.C. Caller-Times: Police group to take confidence votes) The vote was to occur in January of 2008. (C.C. Caller-Times: Local police union tallies election results) At the end of December 2007, Bryan Smith issued a memorandum making it a violation of policy for police officers or police department employees to purchase anything at auction or from the impound lot. (C.C. Caller-Times: No employee purchases of city property or seized items.)
7.20 In January of 2008 and in a very public vote, the Corpus Christi Police Officer’s Association issued a “no confidence” vote in Bryan Smith. (C.C. Caller-Times: Officers group counts no confidence ballots) Bryan Smith remained in public scrutiny.
7.21 In January of 2008, the police department suffered a devastating loss of one its officers in a car wreck. It was later determined that the officer was not using his safety belt. The Chief of Police had to again answer questions about why his own officers, despite warning, were not using their safety belts while driving their police units. (C.C. Caller-Times: Report: Officer did not buckle up)
7.22 In March of 2008, the media again reported on major deficiencies in the police department, reporting that Detective Michael Hess was being placed on leave for hindering prosecution of a defendant. (C.C. Caller-Times: 2 police employees on paid suspension) And then in April of 2008 information surfaced that a long time clerk of the police department had managed to embezzle over fifty thousand dollars from payroll at the expense of taxpayers. (C.C. Caller-Times: Payroll clerk in inquiry resigns) In April of 2008, Defendant Smith ordered a polygraph examination of Plaintiff regarding the impound investigation and subsequently issued Plaintiff a letter of Contemplated Disciplinary Action in the form of Termination of Employment.
7.23 As a result of this adverse publicity, Defendant Bryan Smith did everything he could to silence the Plaintiff and shift culpability to someone other than himself and his command staff. His personal life was also under constant scrutiny during this period. Defendant Bryan Smith’s whole life was crashing down around him, and he knew that he couldn’t afford one more embarrassing scandal. Defendant Smith could not afford the public knowing that he and high ranking members of the police department had known about this blatant “abuse of power” and chose to do nothing to stop this criminal activity. Since Defendant Smith had everything to lose, he engaged in an illicit and concerted attempt to frame the Plaintiff by unscrupulously falsely accusing him of criminal conduct, without regard to the innocence of a decent and honest “cop”.
G. Intentional Infliction of Emotion Distress
8.1 Defendant Bryan Smith’s conduct in attacking the Plaintiff personally, lying about his involvement in this impound scandal, threatening termination and all of the other behaviors described above was intentional and reckless. Furthermore, it was extreme and outrageous conduct. Defendant Bryan Smith’s conduct proximately caused severe emotional distress to the Plaintiff and the severe emotional distress cannot be remedied by any other cause of action. The Plaintiff suffered humiliation, scrutiny among his peers, had to undergo a polygraph which was fixed, had to have his personal life scrutinized for reporting a crime at the wrong time in Bryan Smith’s life. Plaintiff further contends that Defendant Bryan Smith acted with malice.

H. Permanent Injunction
9.1 The Plaintiff requests that after a trial on the merits, the Court issue a permanent injunction to prevent Bryan Smith from using his position to further his own personal agenda and to refrain from using his position to further his personal vendettas. In addition, Plaintiff requests that there is no adequate legal remedy if the court does not issue this permanent injunction as the amount and degree of damage Defendant Bryan Smith and the City of Corpus Christi could do to the Plaintiff, and countless others, is immeasurable by any standard. The acts being committed by Bryan Smith and the City of Corpus Christi are prejudicial to the Plaintiff. There is a probable right to recover on the intentional infliction of emotional distress claim and a clear right to this injunction. Without an injunction, the Plaintiff will suffer a probable injury and that harm is imminent, the injury would be irreparable, and there is no other legal adequate remedy at law.
I. Conclusion
10.1 The ability of people to use their position to further their own personal agenda is a very real consequence of having a “title.” The Plaintiff was moving information up the chain of command as he was supposed to when Defendant Bryan Smith decided that his personal reputation could not endure another scandal and decided to silence him. Defendant Bryan Smith was on the verge of losing everything in his personal life…his job, his fiancé, his credibility, his reputation and his dignity. He viciously lashed out at the Plaintiff in an offensive and malicious attempt to destroy the career and reputation of an innocent police officer and human being.
J. Attorney’s Fees
10.2 Attorney fees. Plaintiff is entitled to recover reasonable and necessary attorney fees that are equitable.

G. Jury Demand
11. Plaintiff demands a jury trial and tenders the appropriate fee with this petition.
H. Conditions Precedent
12. All conditions precedent to Plaintiff’s claim for relief have been performed or have occurred
I. Request for Disclosure
13. Under Texas Rule of Civil Procedure 194, Plaintiff requests that Defendant disclose, within 50 days of the service of this request, the information or material described in Rule 194.2.
J. Request for Production
14. Under Texas Rule of Civil Procedure 196.2(a), Defendants are requested to respond to Request for Production attached herein within fifty (50) days of the service of this request.
K. Prayer
15. For these reasons, plaintiff asks that defendant be cited to appear and answer and that the court issue a permanent injunction preventing Bryan Smith from using his position to further his personal agenda and his personal vendettas and the City of Corpus Christi from encouraging, participating in conduct and authorizing its employees at the Corpus Christi Police Department from using their position to further personal vendettas to Plaintiff’s detriment. In addition, Plaintiff asks for the following damages:
a. Actual damages;
b. Unliquidated damages;
c. Exemplary damages;
b. Prejudgment and postjudgment interest;
c. Court costs;
d. Attorney fees; and
e. All other relief to which Plaintiff is entitled both in law and in equity.
Respectfully submitted,

433 South Tancahua
Corpus Christi, Texas 78401
TELEPHONE: (361) 882-1919
FACSIMILE: (361) 882-2042

Thursday, November 13, 2008

Ortiz-es/Lencho Prepare For The Shift In power

Nueces County, Texas – Mike Pusley won the indispensable seat in the commissioners court to make a shift in power possible (from one faction to another) – from the Ortiz-es/Lencho Rendon faction to a power source concentrated more in Corpus Christi (linked with the socio-political and native economy with major power players in that municipality). The reality is that since County Judge Loyd Neal was elected just a few years ago he has been functioning for the most part as a figurehead; but unofficially, County Commissioner Oscar Ortiz (U.S. Representative Solomon P. Ortiz’ brother)has been serving as the “unofficial” archon of the commission.
But now the landscape is quickly changing. Pusley will officially be sworn into the seat at the thump of January, 2009 – a thump that will shift from west to east: a thump that will swing influence from the bucolic and concealed corners of major power stitching in Robstown (and of covert “pow-wow” homes and offices) to the suave towers of urban centralization. Thus and so, the thump that will take place in January will echo an interspersed visionary design of pacemakers of an organized cult of metropolitan modernity – this is the likelihood voiced by insiders in this multifaceted pastime called politics.
Terry Shamsie, former County Judge, who has been a “front man” for the Ortiz-es/Lencho Rendon faction yesterday, was appointed by the commissioners’ court to the post formerly occupied by the late County Court At-Law Carl Lewis. Patronage? A pay-back? A move by the commissioner before Pusley’s instillation/swearing in? – these questions do not really matter: what matters is the exercise in raw power by the Ortiz-es/Lencho Rendon clique. It is what has been fashionable called in the past “power by appointment” – retrenching quickly for the tsunami that is forthcoming and starkly imminent.
Terry Shamsie is a poetic metaphor for this clique – a bizarre power broker to a major judicial seat as will be whom they appoint to the port commission and to the farago of posts that are left. They have to be quickly filled as the Ortiz-es/Lencho Rendon faction clear majority evaporates in this commission. Richard Borchard – will he be added to the olla podrida of pressurized gumbo?
But maybe the Ortiz-es/Lencho faction is really not rewarding Shamsie – maybe the inner core of the faction knows the devastating consequences associated with judicial bureaucracy – a position that took a toll on the healthy of the late Judge Carl Lewis. One source within the faction said: “I can’t talk more then say that they were considering Shamsie for a post in the Regional Transit Authority, then as Financial Director at Robstown ISD, then for a few others. But when Judge Carl Lewis dropped, it was an opportunity to entrap Shamsie, I believe, in a post that would limit his obsessive participation in power deals and with the faction. The judicial code will hamper him from getting involved in power plays and in openly advocating for candidates and controversial deals. I personally feel the appointment will be more like an anaconda to Terry Shamsie than an open door of opportunity. The unending paperwork will be more of a punishment than a reward.”

Saturday, November 8, 2008

Editorial: David Engels (head of the notoriously-famed EDC) Pushing His Allies On City Council To Hire Scott Moore

Corpus Christi, TX – Scott Moore, candidate for the position of City Manger of Corpus Christi, and an Afro-American, has been calculatedly endorsed by David Engels (head of EDC or the Corpus Christi Regional Economic Development Corporation) to be supported by his allies on the city council, according to on-the-beat sources. Candidate Moore has been stamped as someone who will “fit the bill” of a clandestine, self-serving agenda that has been in the works for quite a while in the region. The governing board of the EDC is composed mostly of Corporate Sponsors or their representatives of businesses who benefit from the “inside info” and “shadow government”-type powers.
The EDC is an organization that was first envisioned by the late Gringo Jefe (Anglo political boss) Hayden Head Sr.. The modern day EDC led by David Engels (as President of the EDC) is nothing more then an evolved, institutionalized version of the late Hayden Head’s dream (of consolidating power). Head died in a plane crash many years ago, but since then his recipe for ultimate power in the hands of a ruling elite (an elite composed mostly of businessmen – construction companies and banks who are after the municipal contracts).
According to the EDC organization lead by Engels, if Scott Moore is chosen as the City Manager, he will be given a seat on the EDC board, but will be denied “voting privileges.” Can you imagine that? In other words, the city manager can never cast a vote in the EDC operation but only take “marching orders”. One former board member of the EDC said: “Scott’s true value will be the inside information that he will share with the EDC elite. Let’s be realistic as to the authentic nature of power. Inside Information (proprietary information) is more important than money and contributions at this level. In essence the EDC dictates to the city council where the city should grow and what business ventures and business opportunities to undertake.”
The source added: “There is another option for city manager and the most logical of course – choosing Interim Corpus Christi City Manger Angel Escobar. Who has lots more experience and whose contract will not have to be bought out in Kansas City for a million bucks… But EDC’s President Engels has Nelda Martinez in his pocket. She is pushing for Moore, Engels is her meal ticket in her daily business dealings. This lady wants to be the next Mayor of Corpus Christi, yet does not support an Hispanic (Angel Escobar), who wants to run a more tight ship and especially in dealing with the EDC? Come on. Our police chief is Anglo; School Superintendent, Anglo; County Judge, Ango; Sheriff, Anglo. Here is an opportunity to find someone not only that represents the majority but is the best man qualified … the logical and ethical choice is Angel Escobar.”

Wednesday, November 5, 2008

Bishop Rene Gracida Teamed Up With Anti-Latino, Anti-Immigrant Groups To Put Out A Vicious, Anti-Obama Message to Over 3 Million Latinos

Retired Texas Bishop Rene Gracida records show beyond the shadow of a doubt went to extreme measures to both team up and utilized funding from anti-Immigrant and anti-Latino group to put out his anti-Democratic party, anti-Obama, anti-Abortion message to Latinos. One major media entity that covered this story in a moderate way was MYLATINONEWS.COM -- the web link of the mentioned tenebrific story can be found at -- this story by Will Evans, Center for Investigative Reporting.
Evans reports: “Texas Bishop Rene Gracida says that Catholics (target: Latinos) cannot, in good conscience, vote for Obama. Now, in a last-ditch attempt to derail Latino support for Obama, an anti-illegal immigration activist have teamed up to blast out Gracida’s message by email to nearly three million Latino voters and reaching even more people by radio.”
The story adds: “Randall Terry … says it was his idea. He enlisted Gracida, who made national headlines in 1990 by excommunicating three Catholics (from Robstown and Corpus Christi) for assisting with abortions. In 2004, Gracida gave a special benediction for the Republican National Convention.”
In the English-language version of his anti-Obama message, Gracida says, “A Catholic cannot be said to have voted in this election with a good conscience if they have voted for a pro-abortion candidate. Barack Hussein Obama is a pro-abortion candidate.” The truth is that Obama’s presidential rival John McCain, according to the Washington Post, when he initially announced for office said he was not in favor of doing away with ROE VS. WADE (the landmark case that legalized abortion); however later McCain after meeting with religious conservatives would be persuaded to modify his position.
Terry, according to MYLATINONEWS.COM, called the email blast “a blockbuster because Obama is desperate to take the Hispanic vote.” He told MYLATINONEWS.COM the emails went to “2.9 million Hispanic voters” as well as “100,000 whites.” He would correct that to “100,000 Americans” -- then quickly said that “… didn’t sound quite right either. He said he hasn’t had much sleep, due to this last-minute effort.”
What? LATINOS, according to Bishop Gracida’s teammate – Randall Terry – are not genuine Americans. They are Catholics but not Americans – how degrading for a bishop to team up with a hater: someone that degrades Hispanics to the level of less full citizens, and implicitly and explicitly implies Latinos are not worthy of dignity and respect: the two ingredients that Catholics believe assure one to be treated with full humanity. Political Action Commission (an anti-amnesty group for Mexican/South American immigrants which provided financial and logistical support for the Gracida’s expensive media campaign and which bought a bit of radio time in Ohio, and procuring the massive email list to reach Latinos) stated in their website: “These are POWERFUL, ‘in-your-face’ ads that will have a STRONG impact on Senators. We've said it before, and we'll say it again: many times, these legislators have to ‘feel the heat’ in order to ‘see the light.’”
But emphasizes not the anti-Abortion issue but the anti-Amnesty issue: “ …We finally have a program, called ‘E-Verify,’ that promises to cut down on the blight of illegal aliens taking American jobs… and some pro-illegal immigration Senators want to put an end to the program!... However, unless Senators act now, this valuable program will sunset on November 29, 2008."
The anti-abortion issue has been used a lure by retired Bishop Gracida to lure Latinos to a political campaign that in effect works against them and El Pueblo Latino in general.
How does the above anti-Amnesty issue correlate with Bishop Gracida’s message? “It is not hard to connect the dots. The aim of Gracida’s propaganda message veiled under and justified under ‘Anti-abortion’ really has an indirect aim: to target Mexican immigrants and to discourage funding to Hispanic-heritage and cultural programs at universities and to stop funding to GED programs such as those affiliated with Gulf Coast Council of La Raza,” explained Joe Ortiz, Civil Rights Coordinator for the American GI Forum. – which provided the financial and logistic support for Gracida’s message -- also injects: “Chris Simcox, honorary chairman of Minuteman PAC, said (we’ve) sent Washington a ‘piercing message that voters are fed up with coddling illegal aliens’… Simcox said (some politicians) can blame their ‘overwhelming defeat’ on their support for Spanish-language ballots, Spanish-language sermons, government benefits for illegal aliens and ‘amnesty proposal,’ and allowing towns to become sanctuaries for illegal aliens.”
RightMarch’s president, William Greene, made illegal immigration his top issue last year (and now it is being fueled by the enrollment of individuals such as retired Bishop Garcida who will go to extremes to advocate for an ultra conservative message). A fundraising letter of support for Greene from the Minuteman Civil Defense Corps PAC described Greene thusly:
“* Bill has been a leader in the fight against illegal immigration as a grassroots activist, delivering millions of messages to Capitol Hill from constituents, demanding NO AMNESTY for illegals;
* He has personally mustered with us on the U.S.-Mexican border as a volunteer with the Minuteman Civil Defense Corps, standing watch to report the illegals streaming unhindered across our officially undefended Arizona border;
* Bill has helped us to raise tens of thousands of dollars for MCDC operations and projects, such as the Border Fence Project…
* He has pushed hard for congressional bills to de-fund pro-illegal immigration groups like the ACLU and La Raza, to take away their ill-gotten gains stolen from the pockets of unwilling and unsuspecting taxpayers.”
Terry said, reported on less than a handful of days ago, that radio hosts are picking up the Bishop Gracida ad and broadcasting it for free. Some individuals are paying for airtime themselves.”
“The glory of this is that it’s free,” Terry said. “It’s viral!”
Here is a translated version of the message sent out by Retired Bishop Gracida via his anti-immigrant friends:
“I am Bishop Rene A. Gracida, reminding all Catholics that they need to vote in these elections with an informed conscience. A Catholic cannot say that he/she voted in this election in good conscience if he/she votes for a candidate in favor of abortion. Barak Hussein Obama is a candidate in favor of abortion.”
This magnificent message of retired Bishop Gracida is available as a radio ad and was aired on Hispanic radio stations. Visit the link that follows to listen to it: ( ).
A outright racist website warns before the election: “Remember the words of Bishop Gracida when you enter the voting booth this Tuesday.”
[Note: In Texas U.S. Senatorial Canidate Rich Noriega was targeted as well as others Hispanics such as State Representative Abel Herrero (D-Nueces County). When will honest Hispanic candidates have a fair chance to win with retired Bishop Gracida’s deceptive and manipulatory tactics?]

Tuesday, November 4, 2008

State Representative Abel Herrero Keeps Seat Thanks To Added Assistance Of Royalhouse Marketing

Nueces County, TX -- Few know that State Representative Abel Herrero (D-Robstown), hired a marketing company to supplement his campaign with adversarial marketing endeavors in the last few weeks before the election. The company is known as Royalhouse Marketing, a company that keeps a low profile and only accepts a few contracts on an annual basis. But its brilliance is only known by a few.
Herrero knew that his political opponent (Connie Scott) had intensified the campaign led by her consultant Jeff Butler.

It is in the nature of politics to turn to what has worked before, especially in times of crisis. Herrero had to find an astro-turf marketing variable in motion to stop the advance of his rival without seeming it had been initiated by his camp. Royalhouse was the key to assist; it was both precise and mordant in its execution. Political opponent Connie Scott was frozen as a target. The weakest points in her affiliations were unearthed and darts via seed stories and radio resources were cast at them.
Scott's previous employment with CALA (Citizens Against Lawsuit Abuse) became a target to shoot at via creative measures and astro-turfing. It took a devastating toll on her campaign and even linked her husband almost to "clandestine evil" as a result of being an activist in tort reform that was linked to anti-Hispanic violence (during it's inception).
Opposition research -- this was what Royalhouse did for Herrero's Campaign. Saved by Royalhouse (swaying an indispensable percentage of votes). The company he contracted with from Austin to assist him with "orthodox" drill of the campaign was diligent and flexible.

Hopefully many in the future there will be a mutual thraw between Austin and regional companies to make campaigns more effective.
(Note: to learn more about Royalhouse Marketing or contacting them, send an email to


Reflections of Homero (Homer) Villarreal)
The November 4 elections

TODAY is an important day. World opinion will be following what happens next in the United States. It is the most powerful nation on the planet. With less than five percent of the world’s population, it annually sucks up enormous quantities of oil and gas, minerals, raw materials, consumer goods and sophisticated products from other countries; many of these, especially fuel and products that are mined, are not renewable.

It is the largest producer and exporter of weapons. The military industrial complex also has an insatiable market within the same country. Its air and naval forces are concentrated on dozens of military bases in other countries. The strategic missiles of the United States, which carry nuclear warheads, can reach any point in the world with total precision.

Many of the most intelligent minds in the world are grabbed out of their native countries and placed at the service of this complex. It is a shadow government in a sense that preserves what has been described an invisible empire.

As everybody knows, the black population that was brought into the United States through slavery for centuries is victim of intense racial discrimination.

Obama, now president-elect, is part African, and the color black and other physical traits of that race predominate in him. He was able to study at an institution of higher learning from which he graduated with brilliant grades. He is no doubt more intelligent, educated and level-headed than his Republican rival.

I am analyzing tomorrow’s elections as the world is experiencing a serious financial crisis, the worst since the 1930s, among many others that have seriously affected the economies of many countries for more than three-quarters of a century.

The international media, analysts and political commentators are spending some of their time on the issue. Obama is considered as the best political orator in the United States in recent decades. His compatriot Toni Morrison, winner of the Nobel Literature Prize in 1993 —the first of her ethnicity born in the United States to win that award and an excellent writer — describes him as the future president and poet of that nation.

I observed the struggle between the two rivals. Obama, who surprised everyone so much when he won the nomination against strong adversaries, articulated his ideas well, and strikes with them over and over in the minds of voters. He does not hesitate to affirm that above all, more than Republicans and Democrats, they are the people of the United States, citizens that he describes as the most productive in the world; that he will cut taxes for the middle class, in which he includes almost everybody; he will eliminate them for the poorest and raise them for the richest. Income will not be allocated to saving banks.

He reiterates over and over that the ruinous spending on Bush’s war in Iraq should not be paid for by U.S. taxpayers. He would put an end to that and bring back the U.S. soldiers. It has cost the blood of thousands of U.S. soldiers, dead or injured in combat, and more than one million lives in that Muslim nation. It was a war of conquest imposed by the empire in its search for oil.

Given the financial crisis that has broken out and its consequences, U.S. citizens are more concerned at this time about the economy than the war in Iraq. They are tormented by their worries over jobs; the security of their savings deposited in banks; their retirements funds; the fear of losing the purchasing power of their money and the homes in which they live with their families. They wish for the security of receiving, in any circumstances, adequate medical services, and the guarantee of their children’s right to higher education.

Obama is defiant; I think that he has run and will run increasing risks in the country in which an extremist can legally acquire a sophisticated modern weapon on any street corner, just like in the early 18th century in the West of the United States. Concerns over the world’s pressing problems really do not occupy an important place in Obama’s mind, and even less so in the mind of the candidate that lost who, as a war pilot, dropped dozens of tons of bombs on the city of Hanoi, more than 15,000 kilometers from Washington, without any remorse in his conscience.

“Racism and discrimination have existed in U.S. society since it was born more than two centuries ago. Blacks and Latin Americans have always been discriminated against there. Its citizens were educated in consumerism. Humanity is objectively threatened by its weapons of mass destruction.

If my estimates should be erroneous, all kinds of racism prevail and if the Republican candidate would have obtained the presidency, the danger of war would have grown and the opportunities of the peoples to advance would have been reduced. Despite everything, we must fight and raise awareness about this, no matter who wins these elections.

Former Catholic Bishop Rene Gracida Lured By The Demon Of Power

Nueces County, TX -- Former Catholic Bishop Rene Gracida (a Republican in leanings and mouthpiece for wealthy special interests) is at it again. Flyers have been put out in most of the Catholic churches endorsing an anti-Hispanic, anti-Democrat, anti-poor/working class movement. The former Bishop is more enamored with the power his position has than with the official responsibilities of the church.
Yet some political and pious critics describe him as a "con artist." "He is using his influence within out holy church and respective network to deliver votes to his social orbit of wealthy and powerful players in Texas politics. He likes to brag how the abortion issue will be used to manipulate the malleable minds (just ask around) -- i.e., the manipulations of Hispanics and orthodox Catholics.
"I think he gets a high on manipulating people. The greatest lie that he ever told was that his 'anti-abortion' is what keeps him going. His anti-Democratic position on many of the societal issues clearly mirrors his psychology. He sees the church (especially those parishes with high Hispanic enrollment) as an opportunity to destroy the Democratic Party strongholds. A Godly agenda? Of course not. His true aim is charged with selfish, callous vested interest."
Hispanics historically in South Texas have been under the yoke of a patron-peon relationship. Sure the democratizations of the last few decades has brought some change, yet the social patterns and wired programming is still there. The church, the retired Bishop knows, is like a central orbit of identity -- and this mutual collective identity can be marshalled into a powerful weapon against Minorities like Abel Herrero and Rich Noniega and others that are realizing the American Dream of opportunity. "It is clear that the retired Bishop's aim via putting out flyers how to vote and so forth at church parking lots is not to advance the Hispanic cause of equality and opportunity but to suppress it. A power monger benefits from keeping the oppressed in their place and in their caste," an observer shared.
John McCain when he first announced for president told the Washington post that he would not consider doing away with ROE VS WADE (landmark case that made abortions legal). Yet recently he has reconsidered his position in order to reposture himself politically -- after a political strategy meeting with the Bishops of New York.
Bishop Gracida more than likely made a deal with him: he would deliver votes, he would deliver the gullible to the polls. Deception, posturing, marshaling -- whatever works will be used.
However, the credibility of the church with Hispanics and minorities in general is now at issue. It is clear that the the so-called "anti-abortion" issue has become an expedient agenda for the rich and powerful -- that in turn reward the mother church and a few key activists with appointments and so forth. Classical patronage.
The Citizens Against Lawsuit Abuse movement began as an anti-Mexican movement back in the 1990s. Recently the case of Dr. Ray Fernandez (a forensics expert and Medical Examiner) who is the proper heir of the Kenedy Ranch fortune has been deterred from his mission. All these cases reflect a cold and callous and insensitive connection to retired Bishop Gracida. Something that he can never justify before God.
It's time to expose the racially charged agenda within the Church in the name of an "anti-abortion" movement. But to him it is really (in my estimation) a self depreciation of our people. "Este Ovispo no esta con nosotros, esta con los ricos."