DocketNumber: WR-79,171-04
Filed Date: 1/5/2015
Status: Precedential
Modified Date: 9/28/2016
)'. . 711 \r \--o42 U.S.C. § 1983 civil rights complaint. Plaintiff is incarcerated in the Bexar Cotmty Adult Detention Center. Plaintiff alleges the following. On December 29, 2011, Plaintiff was arrested without probable cause. He was charged with aggravated kidnaping and sexual assault. Police officers searched his dwelling and took one of his a vehicle, legal documents, construction equipment, and software information. Plaintiff contends the officers acted in complicity with the alleged victim to steal mor~ tha"l $1,250,000 in bek·ngin;;s frcm Plaintiff's dweilin`` and st.:.;rage \.liltL Plaintiff contends the following police officers were involved in the arrest and in the search and seizure: Detective R. Vara, Detective Valadez R., Sergeant W. McCourt, Sgt. Porter, Officer David Berman, Officer B. Moen, and Officer M. Blanquis. Plaintiff asserts the charges were false. He claims the Bexar County District Attorney Office and Chris Martino acted in collusion with appointed counsel to try to coerce Plaintiff into pleading guilty for a IS-year sentence. He claims they knew he was . ·~ \ . ...•.. . Defendant: REYNALDO FLORES JN #: 1501454-1 DEFENDANT'S COPY FILED i I 1 - - - O'CLOCK,___--!-! M Address· . SAN ANTONIO, TX MAR 0 1 ZUll / Complainant: Myra Rubio DONNA KAY MQKINN~ DISTRICT CLER~. j CoDefendants: BEXAR COUNTY, T~S ·~· Offense Code/Charge: 100110- AGGRAVATED KIDNAPPING GJ: 548361 PH Court: 290 Court #: :) q Q+h SID #:961543 Cause#: ; I Wit_ness: State's Attorney 2012 CR-196Q TRUE BILL OF INDICTMENT I IN THE NAME AND BY AUTHORITY OF THE STATE OFTEXAS, the Grand Jury of BeKar County, 'State of Texas, duly organized, empanelled and sworn as such at the January term, A.D., 2012, of the ;;~.C1f0 -ttl. Judicial District Court of said County, in said Court, at said term, do present in and to said Court that in the County and State aforesaid, and anterior to the presentment of this indictment: · Count I Paragraph A on or about the 23rd day of December, 2011, Reynaldo Flores did intentionally and knowingly abdu1 another person, riamely: Mayra Rubio, with intent to inflict bodily injury on Mayra Rubio or with intent to viol e or abuse Mayra Rubio sexually; . 1. Paragraph B · I' I . I on or about the 23rd day of December, 2011, Reyrialdo Flores did intentionally and knowingly abduc/t another person, namely: ·Mayra Rubio, with intent to terrori~e Mayra Rubio; Count II . i onorabo``e23~day``m````~--=· intentionally and knowingly cause the penetration of th~ female sexual organ of Mayra Rubio, hereinpfter referred to as complainant, by the finger of the defendant, .sail:) act having been committed without t~e c~ns n~ of the complainant, in that the defendant compelled the complainant to submit and participate by thel~e ~ physical force or violence; . · ~i ~ W/ · Count Ill : / ! on or about the 23rd day of December, 2011, Reynaldo Fibres, hereinafter referred to as defendant, 1did intentionally, knowingly and recklessly cause bodily injury to Mayra Rubio, a member of the defendaTt's family or househoJd, .hereinafter referred to as complainant, by striking the complainant with the hand of the defendant and by scratching the complainant with the hand of the defendant; .' filii·~'~ ~ye /7(,A~r!f /Lik Ra_i? ,a:_cJ T/;)1fZ1?:iJ/f_~f' ' ~''i Ulr y)'{''E ~· . (/ .I j)D . ·-#it£~---tl:r/b/?e ;J~ v~//- --r-c:::;;"/fr~l : . /?.M ;1 r.L/J/!{7~1'¥" r A77'Z"/'/Jete/ . .. 12 1 cabinets -- the jobs, finishing the jobs, whatever they 2 pay him from there, with that they were supposed to 3 pay we were supposed to pay the rent and the amount 4 to the workers. 5 And he was the one that wanted me to be iQ charge of the company, but I didn't have the means o~ 7 the knowledge to do that. 8 Q. Isn't it true you actually profited over 9 $15,DOO while running his business? 10 MR. DEMARTINO: I'm going to object to 11 relevance, Judge. 12 THE COURT: Sustained. 13 Q. (BY MR. EASTLAND) And while he was in custody, 14 do you remember who claimed all three vehicles and all 15 the equipment? 16 MR. DEMARTINO: Objection, relevance. 17 THE COURT: Overruled. 18 THE WITNESS: Well, the pickup was just a 19 pickup that was still being owed to -- to the man and 20 they still owed two months of payments on the truck. 21 And the tools, those were just a couple of 22 tools that he would use in the cabinets. And I took 23 them and I took them home. 24 MR. EASTLAND: No furthe~ questions, Your 25 Honor. DEBRA JIMENEZ, CSR 290TH JUDICIAL DISTRICT COURT 210.335.1236 No. 2012CR1969 Count II INCIDENT NO./TRN: 9110859780 THE STATE OF TEXAS § IN THE 290TH DISTRICT § vs. § COURT § REYNALDOFLORES § BEXAR. COUNTY, TEXAS § STATE ID No.: 8724279 § JUDGMENT OF ACQUITTAL BY COURT Date judgment Judge Presiding: HON. MELISA C SKINNER 11·26·2012 Entered: Attorney for State: CHRISTOPHER WILLIAM Attoriioy foi; DOUGLAS J KAPPMEYER DEMARTINO Defend~tnt: Charged Offense: Date of Acquittal sexual Assault 11,26·2012 .Charlting Instrument: Statute for Offense: Count II OF THE INDICTMENT. 22.0ll(A) PC Plea to Offense: Foreperson:. NOT GUILTY Jodee Gilmore All pertinvnt infonnalion, names and &88el8monts indicatsd above are inc:Orporatsd illto the language o£ the judgment below by rararence. This cause was called for trial in Bexar County, Texas. The State appeared by her District Attorney. Counsel I Waiver of Counsel (select one) 0 Def~ndant appeared in person with Counsel. 0 Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in writing in open court. It appeared to the Court that Defendant was mentally competent and had pleaded as shown above to the charging instrument. Both parties announced ready for trial. Defendant waived tbe right or trial by jut·y and entered the plea indicated above. The Cou1't received the plea and entered it of record. Having heard the evidence submitted, the Court FINDS Defendant NOT GUILTY qf the charged offense. 'l'he Cour:t ORDERS, ADJUDGES, AND DECREES that Defendant ia NOT GUILTY of the charged offense. The Court FURTHER ORDERS Defendant immediately discharged. . v (I I 1.•. JUDGE PRESIDING }·{, MELISA C SKINNER 290TH DISTRICT COURT I J;· ·...; BEXAR COUNTY, TEXAS Clerk: 32809 llllllllllllliiUIIDII DC2012CR1969 104 OR!O!NAL 20 12CR 1969· ACQCRT Page I of I FIND A LAWYER { Back to Search Results } OVERVIEW CONTACT AND MAP Mr. George Albritton Eastland Current Member Status · Bar Card Number: 24050547 Eligible To Practiceiri Te Work Address: 921 S Saint Marys St Ste 2 { CONTACfTHIS LAWYEi San Antonio, TX 78205-3452 {VISIT LAWYER WEBSITl Work Phone Number: 210-227-9800 Primary Practice Location: San Antonio ,. Texas In cooperation "~tb LICENSE INFORMATION WEBSITE Bar Card Number: 24050547 www.britteastland.com ..... Texas License Date: 11/04/2005 COURTSOFADMITTTANCE Federal PRACTICE> INFORMATION Texas Western District Court Firm: Law Office of Britt Eastland Other Courts Firm Size: Solo None Reported By Attorney Occupation: Private Law Practice OTIIER STATES LICENSED Practice Areas: Criminal None Reported By Attorney Services Provided: Hearing impaired translation: Not Specified ADA-accessible client service: Not Specified Language translation: Not Specified Foreign Language Spanish Assistance: LAW SCHOOLS Law School Graduation Date Degree Earned Doctor of St. Mary's University 05/2005. JuriSQ!Il_d_e````(_J urjs Doctor (J.D.) 38 1 Against Mayra Rubio, used or attempted use of force you 2 will find the defendant not guilty of felony. assau1;. 3 I'm making those corrections. Other than those 4 corrections, does the State have any object to the 5 charge? 6 MR. DEMARTINO: No objections, Your Honor. 7 THE COURT: All right. Now, the defense? 8 MR. EASTLAND: Yes, Your Honor. And before we @ make those formal objections I'd like to make a motion ))~ ',) `` 10 for directed verdict. 11 ------~ All right. And based on? / ~ \!) \ '1, Based on that hardly a scintilla rx\~ 12 MR. EAS TLA~: \ ·D~ . "'.l `` .... "'" \~ 13 presented to convict Mr. Flores of t?\ 0~ ~ \J 14 these three charges. ~ `` //15 THE COURT: Of each of the charges? "• ', `` ' / `` / 16 MR. EASTLAND: Of each of them. ,, be~denied~ ``· 17 THE COURT: And that will 18 Now, did you have a request for the ~"~ ,.._, '.j 0\) 19 charge, and I will note for the record that the Court on ~\j 20 its own has included, based on the defendant's `` ``.~ 21 testimony, unlawful restraint and necessity as a ~ '-'.1 '> @ Other than those additions to the `` ~\) justification. ··~'.::. 23 charge, do you have any other request? ~ " \ 24 MR. EASTLAND: We have no objection to the @ unlawful restraint. We are formally objecting to the DEBRA JIMENEZ, CSR 290TH ,TUDIC:IAL DISTRICT COURT 210.335.1236 1ft-50061 Mr. Reynaldo Flores #1912036,#961543 CID Garza West Transfer-Facility - -- -------- ---- _________ ___ _425_0_Bighway 202 -- ---- -- ------- --Beeville, TX 781 02-0000 ·- ..... -····--·-···---·-····---------·----------··-·········· ... ····-···· . .. --------------------------------------------------------------------------------------------------------------------------------------------------· TDCJ - INSTITUTIONAL DlVISIDN OFFICIAL LAVIN PASS f-~Df·1 IN I ET RPT I VE EFFECTIVE DATE; 05/29/2014 FROM-TO TIME: 07:00-08:00 START DRTE: 05/29/2014 END DATE: 05/29/2014 ADMIT: 01912036 FLORES,REVNALDO REASON: 7:00 MAILROOM HOUSE: E4·-049T EDUC~ TITLE: COUNTROOM / .... United States Court of Appeals FIFTH CffiCUIT OFFICE OF THE CLERK LYLE W. CAYCE · TEL. 504-310-7700 CLERK · 600 S. MAESTRI PLACE NEW ORLEANS, LA 70130 May 06, 2014 Mr. Reynaldo Flores ``-=o===o=.coc==-#--1-9:1-2-Q3·6.,-- -#-9 615 4 3 CID Garza West Transfer Facility 4250 Highway 202 · Beeville, TX 78102-0000 No. 14-50061 Reynaldo Flores v. San Antonio Police Department, et al USDC No. 5:13-CV-2 Dear Mr. Flores, The district court denied you in forma pauperis (IFP) status under28 U.S.C. § 1915(a) (3) and FED R. APP. P. 24 (a). You have 30 days from the date of this letter to pay the full $505.00 fees to the distric~ court clerk, or to challenge the district .. court's denial of IFP status. If you challenge the decision, you must apply to this court for IFP and include a brief supporting your position. Your brief may only discuss the reasons why you think the district court's denial of IFP was wrong. If you do not pay the full fees or file a motion and brief with this court, we will dismiss your appeal without further noti.ce, 5TH.CIR. R. 42~3. Sincerely, LYLE W. CAYCE, Cler~ .(Y)OJ-_(J ~o.J. By: Mary C. Stewart, Deputy Clerk .. 504-310-7694 . --..... ·.;·.;:, .\ _) •! ·countY iriar1age.r:, ~ . .. . 'lh aqditi()ri Mgrnrits; the : ·· i• ·TIDC gi:ves~colin#es'.som``mon ey to'helpthemfulfilltheir cQn- :l'ltherelhlla:ti :.emiJravec@expfess-ne