Why Is The Corpus Christi Police Department One of the Worst in the State for Excessive Force Complaints? Are We Supposed To Just Relax & Enjoy It?

Circuit City Conflict

By Myra Arthur/Action 10 News

CORPUS CHRISTI, Texas- Frustrated customer Wayne Blackburn handed out flyers in front Circuit City last Thursday, describing the company's lack of service regarding his TV repair. Store employees called police, who then confronted Blackburn and asked him to leave the property.
"I was just trying to get their attention [Circuit City] because I didn't seem to be able to do that any other way," says Blackburn
Meanwhile, shopper Hank Littrell stood by watching what took place and taking pictures on his cell phone. He claims he was approached by an officer who asked for identification. Littrell refused to hand over his I.D., which was caught on Blackburn's home video camera.
"He says, "What are you doing?" I said, "I'm standing here observing, taking pictures of what's going on," says Littrell. "He says I need to leave. I said "Why? Im just standing here not interferring in any way."
Seconds after the home video camera is shut off, Littrell claims the policeman grabbed his arm, wrapped it his behind his back, and patted him down. Littrell admits that, up until that point, he refused to hand over any identification.
"I certainly resisted when all of the sudden someone is manhandling me and not telling me why."
CCPD officials tell us a by-stander is within their right to take pictures of police involvement, so long as they do not interfere. Littrell plans to file a complaint with CCPD Internal Affairs.
"All of this would not have gone where it did if Circuit City had handled this differently," said Littrell.
Wayne Blackburn was issued a criminal trespass warning for Circuit City and Moore Plaza. The company has still not contacted Blackburn about the pending repair to his television. His warranty expires December 16th.
"You have to, at some point, stand up for your rights," Blackburn said. "All I wanted was someone to listen to me and try to help me out."
4:00 p.m. CDT, December 16, 2008

Send us your stories, photos, or video that shows the world the lack of professionalism some members of the CCPD have.

Info@ccpdbrutality.com

- News -

The lack of statistical comparison notwithstanding, Corpus Christi police say their excessive force complaints are few.

Christopher Gale, a San Antonio lawyer known throughout the state for representing people with excessive force complaints, says otherwise. He claims it's one of the worst in the state for excessive force complaints.

"It's not just a couple of bad seeds. It's a pervasive attitude that you can get away with it, where they feel like they're above it and right now I think they are," Gale said. "I probably get three calls a day regarding complaints about CCPD."

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Posted By The Advocate to Corpus Christi Caller Times

Corpus Christi Caller Times: Corpus Christi police one of the worst in the s...

UPDATE CCPD ANOTHER CASE OF EXCESSIVE FORCE

Tasered Suspect Claims Police Brutality

Updated: Dec 16, 2008 11:14 PM

CORPUS CHRISTI - A Navy Corpsman was arrested and tasered for fleeing from police, and now the Corpusman is claiming he was the victim of excessive force and brutality.
A Navy Corpsman had been rushing home to get his fiance her emergency asthma medicines when police tried to pull him over. Police said he violated some traffic laws and refused to pull over.
However, the couple said the department owes them an apology and they have hired a lawyer.
"Her breathing became worse and I panicked," Nicholas Lowry, 26, said.
Lowry's fiance began having an asthma attack and he rushed to get her home Saturday night.
The police report indicated the officer started following the couple as soon as they sped right through the intersection of Baldwin and Ayers.
Lowry drove several blocks before stopping in his own driveway.
"I parked the car, turned the vehicle off, leaned over the window and I tried to tell the officer 'I'm sorry this is a medical emergency'," Lowry said.
However, before he could explain, Lowry said he was tasered, while sitting in his truck. He fell to the ground and was tasered again.
Lowry said things only escalated when Officer W. Hobbs criticized Lowry's service as a Navy Corpsman.
"Then, we walked in[to the jail] and he slammed me into a concrete wall. While taking me in, he laughed in my ear and said I'm gonna throw you in the cell with all the f-----, so they can rape you," Lowry said, of what Hobb's allegedly said.
Lowry's fiance took pictures of how officers scattered his military honors about while searching their truck.
Police said Lowry was already in the process of being cuffed when he tried to elbow the officer and a taser was authorized.
JK: IMHO The sentence below indicates the sentence above is untrue.
They also added that the bottom line was that it is a felony if a driver doesn't pull over for a cop.
"If this gentleman had pulled over, like he's required to do under the law, an ambulance could have been summoned or the officer could have escorted them to the hospital," CCPD Captain Todd Green said.
However, Lowry and his fiance said the behavior from the police was unacceptable .
"I think they should train their people. I felt like a criminal and we didn't do anything wrong," Nicki Redding, Lowry's fiance, said.
"It would be nice for someone to tell the truth and apologize," Lowry stated. "As far as the incident, I've forgiven the officer, I just want these kind of things to stop."
Police said the couple can file a complaint through their Internal Affairs Division and the arresting officer would be investigated.
Also, it's hard to validate that kind of situation because police said there was no dash cam video or recordings of the incident.
The couple is now talking with their lawyer and deciding what legal action they might pursue.
Online Reporter: Lauren Williamson

CCPD Chief Bryan Smith Using The Internal Affairs Division as Personal Rogue Detective Agency in an Attempt to Keep Illicit Criminal Acts Secreted

CCPD Chief Bryan Smith using the Internal Affairs Division as personal rogue detective agency in an attempt to protect the Chief and cronies and to keep illicit criminal acts secreted.

COMMANDER DAVID TORRES SUES CHIEF OF POLICE

EL DEFENZOR HAS OBTAINED A COPY OF THE LAWSUIT THAT IS ROCKING THE POLICE DEPARTMENT, THE CITY AND OUR CITIZENS OF SOUTH TEXAS.

READ ON FANS OF EL DEFENZOR:





Cause No. _____________

DAVID TORRES § IN THE COUNTY COURT
§
v. § AT LAW NUMBER______
§
BRYAN SMITH, CITY OF §
CORPUS CHRISTI § NUECES COUNTY, TEXAS

PLAINTIFF’S ORIGINAL PETITION FOR A PERMANENT INJUNCTION, REQUEST FOR PRODUCTION & REQUEST FOR DISCLOSURE

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,

LAW OFFICE OF RENÉ RODRIGUEZ
433 South Tancahua
Corpus Christi, Texas 78401
TELEPHONE: (361) 882-1919
FACSIMILE: (361) 882-2042

Posted by HOMERO VILLARREAL

But of Course Elwood Without You On Board This Endeavor Is Inconcievable

What we really need here in C.C. is somebody to "kick @$$ on the goliaths in this town"..somebody who advocates for the "engagement of the average citizen in the formulation of public policy"..somebody who's not afraid to take on the KFATSOs,the Christus Spohns,somebody who's "In the Know" to watch over WATT these "Corpus Christi Country Club Golf Course high powered members who control our nation's economy" are up to.A tireless crimefighter,who along with his trusty,song lyric posting sidekick,can bring hope to the hopeless,truth to the decieved and..uhhh..advocatedness to the advocateless,and do it all while citing phrases in Latin that strike fear in the hearts of miscreants and ne'er do wells everywhere.

...if only such a dynamic duo existed...

Corpus Christi police one of the worst in the state for excessive force complaints.

Send us your stories, photos, or video that shows the world the lack of professionalism some members of the CCPD have.

Info@ccpdbrutality.com

- News -

The lack of statistical comparison notwithstanding, Corpus Christi police say their excessive force complaints are few.

Christopher Gale, a San Antonio lawyer known throughout the state for representing people with excessive force complaints, says otherwise. He claims it's one of the worst in the state for excessive force complaints.

"It's not just a couple of bad seeds. It's a pervasive attitude that you can get away with it, where they feel like they're above it and right now I think they are," Gale said. "I probably get three calls a day regarding complaints about CCPD."

Tip of the Iceberg: Fwd: Do all Lt Colonels run and hide whenever things get messy?

Tip of the Iceberg: Fwd: Do all Lt Colonels run and hide whenever things get messy?

"IN THE KNOW": Why Would The City Withhold a Police Report?: an incident involving Damon Bentley that occurred between January and May 2008 at Utopia Restaurant

"IN THE KNOW": Why Would The City Withhold a Police Report?: an incident involving Damon Bentley that occurred between January and May 2008 at Utopia Restaurant

ATTORNEY GENERAL OF TEXAS GREG ABBOTT

June 4, 2008 Mr. Joseph Harney Assistant City Attorney City of Corpus Christi P. O. Box 9277 Corpus Christi, Texas 78469-9277 OR2008-07577 Re: Request for a report regarding an incident involving Damon Bentley that occurred between January and May 2008 at Utopia Restaurant, located at 5638 Saratoga Dear Mr. Harney: The Office of the Attorney General has received your request for a ruling and assigned your request ID# 317847. After reviewing your arguments and the submitted information, we have determined that your request does not present a novel or complex issue. Thus, we are addressing your claims in a memorandum opinion. You claim that the submitted information may be withheld from the requestor pursuant to section 552.108(a)(2) of the Government Code. We have considered your arguments and the submitted information and have determined that in accordance with section 552.108(a)(2) you may withhold the submitted information. However, you must release the basic information pursuant to section 552.108(c) of the Government Code. For more information on the cited exception, as well as information on the rights and obligations of governmental bodies and requestors, please refer to open government information contained on the Office of the Attorney General website at www.oag.state.tx.us. You may also contact our Open Government Hotline at 1-877-OPENTEX. Enc: Submitted documents cc: Mr. John Jackson 8100 SPID, #302 Corpus Christi, Texas 78412 (w/o enclosures) POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US An Equal Employment Opportunity Employer Home | ORLs

If we cant drive our vehicles on the beach we are effectually restricted from that portion regardless of assurances, handshakes or blueprints

When the powers that be were anticipating a "Privatized Beach".......
Posted on August 7, 2008 at 06:51:41 AM by Jaime Kenedeno



When the "powers that be" were anticipating a "Privatized Beach" the Beach in front of the seawall was at least 50 yds wide (probably 75 yds) anyhow it was wider than it has ever been in the last 20 years.

One other anticipatory preparation was the traffic sign which directed traffic towards the jetty only (no right turn or left turn only????). In a nutshell the maintenance on that portion of the right of way (at that time) was designed to create a spacious widened version of beach real estate adjacent to and extended from the seawall flamboyantly in anticipation of a demanding elite influx of human flesh. The maintenance has been once again downgraded so the beach front will recede and disallow vehicle passage as exemplified and used as argument to once again blockade our access to our beach. If we cant drive our vehicles on the beach we are effectually restricted from that portion regardless of assurances, handshakes or blueprints. Mc Cutchon just cut his own throat. He must be seeing dollar signs or has vested interests.

Councilman Michael McCutchon wants to pass the issue to voters, but needs at least four of his fellow council members to agree.

BROWNSVILLE VOICE

BROWNSVILLE VOICE

The law, which is relevant provides strict oversight by the judge.

"(l) Proceedings commenced under this chapter may not proceed to hearing unless the judge who is to conduct the hearing is satisfied that this article has been complied with and that the attorney representing the state will introduce into evidence at the hearing any answer received from an inquiry required by Subsections (c)-(h) of this article. "

Judge Banales like every other trained judicial monkey proved he would sign his own death warrant. Judge Banales’ willingness to sign anything without insuring strict compliance with the law is a major cause for the corruption which has Cameron County by the short hairs. It is time Governor Perry rethink Judge Banales’ appointment and demand his resignation. Oh, that is right, Governor Perry is in a permanent state of holding is knees at the command of Dannenbaum.

The law required that the BND be given notice of the lawsuit, and in fact served a copy of the lawsuit.

"Furthermore, Arambula didn't mind that District Attorney Armando Villalobos did not give BND notice of the intended forfeiture of $1 million from Dannenbaum's firm, perhaps stripping BND's right to claim the money for itself."

http://www.brownsvilleherald.com/news/bnd_86143___article.html/board_bridge.html

"This is cover-up Brownsville style - "we are so confident we can get away with it, we are going to announce it publicly." Any BND Board Member unwilling to demand a criminal investigation into how DA Villalobos secured the forfeiture without being able to name the source of the money, is not fit for public office. In my opinion a deal was cut to protect Dannenbaum from further exposure in exchange for 1 million dollars.

Too bad Hubert was not hit..........

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REAL SOUTH TEXAS POLITICS

Monday, June 9, 2008
LOOK OUT MANUEL BANALES!!!EL DEFENZOR IS BAAAAAAAAAACK! THE TRUTH IS OUT THERE.
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DEFENZORMAGAZINE
IN CASE HOMERO IS TAKEN ALIVE BY THOSE IDIOTS TRYING TO SHUT HIM DOWN: HERE IS HIS BLOG SO FAR:

Monday, June 9, 2008
BANALES LEAVE OF ABSENCE. HMMM. MORE LIKE LEAVE TO CYA
Banales snuck out of the hospital on sneak mode and now is laying low. El Defenzor was distributed as is our first amendment right at the courthouse steps and people rapidly snatched up the papers. Now we have learned (see below) that Barger is yet again covering for Maximum MANUEL BY STASHING HIS CAR AT MIKAL WATTS CAR WAREHOUSE. Unbelievable. And as usual Kaelin has shot off his mouth stating that Banales was going 91 mph (allegedly).




NOTE ON FIRST AMENDMENT. THE DEFENZOR CAN DISH IT OUT AND TAKE IT. Our legal eagles pro bono have notified me that overlawyered called upset after making slanderous and libelous remarks named Frank called up lashing out after he put our publication down. That is his first amendment right as is ours. I understand freedom of speech and it sometimes comes at a price but that is what is needed for a free society. Overlawyered can say what they want and so can I but please do it after researching and not listening to some disgruntled plaintiff lawyer named Braugh who we hav caught redhanded with his law firm trying to control judge elections on e-mails also collectively known as the Club. Mr. Frank should respect us for our efforts since he is singlemindedly going after lawyers. Actually our causes are similar.
Posted by HOMERO VILLARREAL at 10:18 PM 1 comments
BANALES. FREEDOM OF SPEECH.JUST IN CASE THEY SHUT IT DOWN
TxDOT worker injured in accident upgraded to serious
By Stuart Duncan (Contact)Originally published 02:20 p.m., June 9, 2008Updated 02:20 p.m., June 9, 2008
CORPUS CHRISTI — The Texas Department of Transportation worker injured in a recent traffic accident has been upgraded from critical to serious condition, officials at Christus Spohn Hospital Memorial said Monday.
Martin Garcia, 34, was injured in a traffic accident involving 105th District Judge J. Manuel Banales last Thursday near the ramp connecting South Padre Island Drive and Interstate 37.
The Texas Department of Transportation has set up a fund for donations for Garcia: Checks should be made payable to the “Martin Garcia Fund.”
Martin Garcia Fund
c/o Navy Army Federal Credit Union
P.O. Box 81349
Corpus Christi, TX 78468-1349

(36) User Comments:
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Posted by 703885 on June 9, 2008 at 2:33 p.m.
So what was the outcome of the investigation? Was he drunk? or was he was just plain stupid? I bet he will not get a ticket and and if he does probably will not be double. He should put a sign on his car that says "I am a stupid driver stay 200 yards away".
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Posted by 709973 on June 9, 2008 at 2:35 p.m.
Boy--they sure are keeping it hush hush aren't they? I hope Mr. Banales realizes what he's done....Has he apologized to the vicitim and his family yet?
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Posted by 711346 on June 9, 2008 at 2:47 p.m.
Hush hush is right...Mr. Banales is not above the law and all information should be presented...
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Posted by 713050 on June 9, 2008 at 2:49 p.m.
Prayers to the injured worker...anyone know if there are any 'file' photos of him being shown? I believe I might know him from school...
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Posted by 444846 on June 9, 2008 at 2:49 p.m.
The family of the victim needs to sue the judge so he can pay the medical bills. The family has no need to be asking the community for help. He will clean his hands with this one.
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Posted by 699260 on June 9, 2008 at 2:51 p.m.
If you Google:
Manuel Banales Accident
About the 8th title down is a site which I am unable to access at this time:
"DEFENZORMAGAZINE: BANALES IS GETTING AWAY WITH A THIRD CRIME?" and "Manuel Banales who has hit antoher man in the past..."
Curious, so if anyone goes there, please update the rest of us...
Sweetie ;-)
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Posted by 353956 on June 9, 2008 at 2:54 p.m.
It sure is funny how the local news reported on a couple of accidents this weekend and by the time they made the newscast they already knew what the drivers were being charged with. As far as this case is concerned, they have reconstructed the scene, taken measurements again and still have not come up with any charges. I'm not a police investigator, but could excessive speed or failure to control his vehicle been contributing factors. I wish our local law enforcement and city government would stop trying to sweep things under the carpet and just treat everybody equally. I'm quite sure that if the roles would have been reversed and the TXDot worker had hit Judge Banales, charges would have been pressed right away and the TXDot worker would have probably been thrown in jail. I am sure that we will hear less and less of this accident as the week wears on and our local DA and law enforcement will hope that everyone just forgets about it.
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Posted by 592398 on June 9, 2008 at 3:12 p.m.
in response to 699260
I went to that site and it seems as though the judge hit a man crossing the street in 1990. The judge refused to get out of his car until Mike Hummel came to the scene and picked the judge up and they left. The man that was hit was offered a undisclosed amount of money and accepted it.
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Posted by 277671 on June 9, 2008 at 3:19 p.m.
Maybe the judge should have his drivers license revoked. It's apparent he doesn't have the skills.
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Posted by 389468 on June 9, 2008 at 3:20 p.m.
The Defenzor site simply pulled the Caller-Times first article on the "accident" along with the subsequent 137 postings.
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Posted by 707626 on June 9, 2008 at 3:25 p.m.
HEre you go my babydoll sweetie:
DEAR READERS:
Evidence building that it was Banales who they are talking about on the comments of the Caller article that hit a homeless man on Leopard and it was hushed up. Hummel reportedly (Councilman Hummel) came and picked up Banales who refused to exit the vehicle after he hit the man and they took off from the scene. Hummel was Judge Banales' prosecutor at the time according to sources. Now Banales has hit another man and everyone is trying to coddle him and protect him while Martin Garcia's life and future hang in the balance. Banales' son is out taking pictures of the accident scene while working for Banales protector Darrel Barger who has tried to come after the Defenzor before on the Marty Huerta reporting and almost had me arrested. I am not afraid of Banales or Barger and it is my first amendment right to print information that I believe in a reasonable and responsible manner is the truth. For too long people protect the rich, the elite and the powerful in this town. The reason I got involved on this story was seeing how the media (particulary KDF Fox News and KRIS) tried to downplay what Banales did. They disgustingly had Kaelin coming out saying "the judge is oK..." Who cares when a 34 year old man was needlessly and violently struck by Banales. The family should be outraged. A perfect example of Kaelin playing politics. Again he sticks his nose in CCPD business like on Celis just to show his face on TV. So many other comments that smell fishy like Valdez conflicting himself out, the media spin that his car "slid off the road". What happened to accountability? Some are saying that he made a statement in the E.R. that he was sleepy. Who's fault is that? The roads? Come on Banales, take your medicine and be expected to be treated like anyone else. When you escape your responsibility you set a poor example and resentment for those who have no money in your courtroom that get sentenced by "MAXIMUM MANUEL". Documented proof coming. And I grow tired of those readers who say this is yellow journalism or I have no facts. YES I DO. Just because the Defenzor does not have multimillion dollars and Birminghams' EDC connections to print or suppress what they want does not make me any less a journalist. The Freedom of the Press in this nation was not made for rich newspapers to suppress facts. The internet has changed this. Make sure to pickup a copy of my paper which is free and watch for this blog and watch for my TV show. I will report the truth and not SPIN as KDF Fox and KRIS did. Shame on you.
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Posted by 459079 on June 9, 2008 at 3:27 p.m.
Defenzor is a local version of National Enquirer - only a lot more vicious. The Mexican version of the White Boy's We the People rag sheet......
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Posted by 236373 on June 9, 2008 at 3:33 p.m.
I here that the Judge has been asked to be in the next Speed Racer movie.
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Posted by 711762 on June 9, 2008 at 3:54 p.m.
Why do they need money for medical bills! It should be covered under workers comp! Plus the judges car insurance should take care of the rest.
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Posted by 242194 on June 9, 2008 at 4:02 p.m.
in response to 707626
I also saw the headlines in the paper, the comment by Kaelin and heard the news reporters saying "the judge is okay"...
My first thought each time was "what about the gravely injured TxDOT employee?" My prayers are with him and HOPE that whatever punishment the Judge gets is equal to what the everyday person would get.
My son was towing a trailer, doing the speed limit and the trailer hit some "liquid"of some sort on the road. The trailer spun out my son for a moment landed up going in the opposite direction. He did not hit anyone or anything, but still got a ticket for almost $200 for "failure to control the vehicle".
Judge Banales did a WHOLE LOT MORE...he should get a REALLY BIG FINE and his insurance should pay all this innocent victim's bills...
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Posted by 699260 on June 9, 2008 at 4:28 p.m.
in response to 707626
Thank you so much!
Just a side note...My first husband called me Babydoll and my current husband is the one that "christened" me Sweetie...LOL!
Sweetie ;-)
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Posted by 707626 on June 9, 2008 at 4:30 p.m.
in response to 699260
GOD you are soo hot!!!
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Posted by 707626 on June 9, 2008 at 4:31 p.m.
in response to 699260
I will call you "Muffin".
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Posted by 712987 on June 9, 2008 at 4:59 p.m.
in response to 707626
Wow, I did not know any of this. If you are telling the truth then all I can do is shake my head. I know there is always cover ups and if we the people do not know then it doesn't matter. If this is the judge's second hit to someone then maybe some eyes need to be opened before everybody raises cane about this.
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Posted by 712987 on June 9, 2008 at 5:02 p.m.
in response to 707626
Are you working on husband #3, Sweetie. =)
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Posted by 346709 on June 9, 2008 at 5:30 p.m.
ITS ABOUT TIME THE CALLER-TIMES PRINTED SOMETHING ABOUT MR. GARCIA, RATHER THAN HOW JUDGE BANALES IS DOING. YOU WOULD THINK BANALES GOT THE WORST OF IT BY THE ATTENTION THE PAPER AND OTHER MEDIA ARE GIVING HIM.
NOTICE THE WORDING OF THE CALLER-TIMES "Martin Garcia, 34, was injured in a traffic accident involving 105th District Judge J. Manuel Banales last Thursday near the ramp connecting South Padre Island Drive and Interstate 37." WAS INJURED IN A "TRAFFIC ACCIDENT INVOLVING 105TH DISTRICT JUDGE... NO HE WAS HIT AND INJURED BY VEHICLE DRIVEN BY BANALES!
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Posted by 245928 on June 9, 2008 at 6:08 p.m.
Available space, incomplete details, and presstime might have impacted the reporter's initial submission.
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Posted by 389468 on June 9, 2008 at 7:53 p.m.
Not even. This is the Caller-Times at its bets/worst.
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Posted by 713038 on June 9, 2008 at 10:12 p.m.
Allegedly:Darrell Barger, Defense Attorney who defends auto manufacturers has taken hold of the car involved in the motor vehicle hit on Martin Garcia and have put in Mikal Watts Lot where he stores his cars to sue manufacturers. The coverup continues, blame the car and not Banales and sue the car manufacturer so apparently the car is not inspected by DPS. Very strange. Investigators hot on their trail.. Be careful Barger and Banales. No one knows what type of blood was taken. That is apparently a lie. Every nurse and doctor in town knows that an alcohol specimen and a blood specimen for drugs can be done at Spohn within an hour. Nurses are talking that the tests were not even done.
allegedly Straight from Kaelins mouth: Kaelin calculated Banales going 91 mph. DPS GUYS TOOK MEASUREMENTS.
Don't cover up Banales.
accident scene: Allegedly Tires depressing thegrass right then and there. No attempt to stop or apply brakes. Hear us attorneys for Martin Garcia and family. Big car would have left skid or mudmarks. Nothing is there. Go take your own pictures and make sure your lawyers are not in cohoots with Barger and Banales. Do not let them sell you out.
MORE TO COME.
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Posted by 713050 on June 9, 2008 at 10:15 p.m.
sweetie, calm down, jeez...keep your muffins in your bag.
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Posted by 338518 on June 9, 2008 at 10:42 p.m.
Judge Banales is a good man. It is a horrible tragedy and I have been praying for the victim and his family. I can see clearly because I don't have any hate in my heart and realize how horrible this is for both sides. The sad thing is that most of you that are criticizing probably wouldn't be so concerned about the victim if he had been hit by another ordinary citizen.
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Posted by 713038 on June 10, 2008 at 12:08 a.m.
338518:Thanks Peggy. Good one.
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Posted by 713038 on June 10, 2008 at 12:14 a.m.
699260: Its wwwdot eldefenzordotblogspotdotcom
Posted by HOMERO VILLARREAL at 10:17 PM 0 comments
MORE NEWS DARRELL BARGER HELPING OUT BANALES LIKE HE HAS FOR 20 YEARS
Allegedly:
Darrell Barger, Defense Attorney who defends auto manufacturers has taken hold of the car involved in the motor vehicle hit on Martin Garcia and have put in Mikal Watts Lot where he stores his cars to sue manufacturers. The coverup continues, blame the car and not Banales and sue the car manufacturer so apparently the car is not inspected by DPS. Very strange. Investigators hot on their trail.. Be careful Barger and Banales. No one knows what type of blood was taken. That is apparently a lie. Every nurse and doctor in town knows that an alcohol specimen and a blood specimen for drugs can be done at Spohn within an hour. Nurses are talking that the tests were not even done.

allegedly Straight from Kaelins mouth: Kaelin calculated Banales going 91 mph. DPS GUYS TOOK MEASUREMENTS.

Don't cover up Banales.

accident scene: Allegedly Tires depressing thegrass right then and there. No attempt to stop or apply brakes. Hear us attorneys for Martin Garcia and family. Big car would have left skid or mudmarks. Nothing is there. Go take your own pictures and make sure your lawyers are not in cohoots with Barger and Banales. Do not let them sell you out.

MORE TO COME.
Posted by HOMERO VILLARREAL at 8:00 PM 2 comments
BANALES: ANOTHER NEAR MISS BY MAXIMUM MANUEL WHO'S DRIVERS LICENSE SHOULD BE REVOKED
VICTIM QUOTED FROM THE CALLER TIMES COMMENTS:
Posted by 319029 on June 6, 2008 at 5:22 p.m.Judge Banales, You may not remember me and I sure didn't know you outside of your "State Judge" license plates that morning on Alameda and Doddridge when you almost ran me over.Perhaps I can help you with your memory Judge Banales, I was starting to cross the street in the direction of Bank of America from Frost Bank when you made an illegal lane change from the through traffic lane to the turn lane, then ran the red light and almost hit me while I was in the crosswalk with a "WHITE CROSSWALK" light in my favor.You may not remember with all of this information since you sped around the corner chatting with who I assume was your wife. When I got home I told my wife the whole story of the guy with a mustache and judges license plates that almost hit me.I didn't know who you were until I saw your car on TV with the top cut open and you being carried away on a stretcher. If I were ever approached by law enforcement or an attorney I would be more than happy to relay my "experience" with your driving "under oath."In my brief contact with you that Saturday morning, I don't think you belong behind the wheel of a car and definitely not in a position of authority in our community. Yet you are a judge! Outrageous!I hope there is not another cover-up that is so common with investigations in Corpus Christi. My prayers are with that TEXDOT worker
Posted by HOMERO VILLARREAL at 1:28 AM 0 comments
Sunday, June 8, 2008
WHERE IS THE TXDOT WITNESS
The TXDOT worker who flew out of the way. The Defenzor is trying to locate him. I hope he is not being pressured to help Banales out on this one. let's add it all up: missing lab reports, the car's fault, the witness being intimidated, maybe a big financial settlement for the family to be quiet and the injured man is in the works,(Like settlement in 1990), this spells him getting off but as they say, "You can beat the rap but you cannot beat the ride". Who is a betting man like me and Kenedeno who may say that he will not run in 2 years? He is pridefilled, perhaps he will. Time will tell how this unfolds. Meanwhile , El Defenzor continues to investigate.
Posted by HOMERO VILLARREAL at 11:55 PM 0 comments
BANALES MIRRORS WHAT COURT CLERK DID
She was charged with a felony for putting on makeup. Apparently he drives like a maniac according to his fellow parishioner on the Caller Blog and has hit a homeless mentally challenged man on August 20, 1990. He allegedly reported he was sleepy (where's the accountability and the drug screen). The mainstream media is personifying a vehicle so Banales doesn't take the rap: "The Car Slid" "The car hit a man" I imagine that the Cadillac talks as well and will break down on the stand and say, "It was me, not the judge!" More to come. Seriously, the Cadillac may talk: Where is the blackbox????
Posted by HOMERO VILLARREAL at 11:52 PM 0 comments
BANALES STORY:read all posts but read this one saved in case Caller Times Pulls the Plug
IN CASE CALLER TIMES PULLS THE PLUG AGAIN, HERE ARE SAVED COMMENTS AND ARTICLE. YOU NEVER KNOW.
BE SURE TO READ ALL ENTRIES ON BANALES IN THIS BLOG TO GET THE FULL COVERAGE ON THIS WE ARE DEVELOPING. AS YOU READ WE HAVE VERIFIED AND CONTINUE TO VERIFY FACTS IN THIS STORY AND ARE ASSERTING OUR FIRST AMENDMENT RIGHTS.

Judge's car slams into transportation worker
Man on ventilator; Banales' injuries not life-threatening

George Gongora/Caller-Times
Law enforcement officers inspect a car belonging to 105th District Court Judge J. Manuel Bañales on Thursday near the Interstate 37/Padre Island Drive interchange. Rescuers had to cut the roof and doors off the Cadillac DeVille to free Bañales, who, along with the transportation worker struck, was taken to the Christus Spohn Hospital Memorial.
A local judge's car hit a transportation department worker crouching near his truck about to fix a sign Thursday afternoon, sending the worker to the hospital in critical condition, police said.
A Texas Department of Transportation heavy-duty pickup with a cherry-picker lift was parked near a ramp connecting Padre Island Drive to southbound Interstate 37 when J. Manuel Bañales, 105th District Court judge and presiding judge of the Fifth Judicial Administrative District, entered the ramp. His gold Cadillac Deville slid off the pavement and struck the truck parked a few feet away on the grass.
Two workers had just pulled over to fix a small, directional black and yellow sign about 2:45 p.m., said police Capt. John Houston, when one worker spotted the Cadillac heading straight for the truck and jumped out of the way. Another worker, 34 years old, wasn't able to move.
"He was hit with the full force of the vehicle," Houston said. "He's injured head to toe."
That worker was rushed to Christus Spohn Hospital Memorial with life-threatening injuries. Late Thursday he was in emergency surgery and on a ventilator. Bañales' injuries are not believed to be life-threatening, police said. He was taken to the same hospital.
The ramp was closed until about 6 p.m. as Corpus Christi police and Texas Department of Public Safety troopers cataloged the accident.
Houston said officers responded to the accident just like any other of the same severity, and state troopers were called in to help re-create the accident.
It wasn't clear Thursday afternoon how fast the Cadillac was going or what caused the accident, Houston said.
The Cadillac came to rest in the wrong direction, with its roof and doors removed with the Jaws of Life. The truck was some 50 yards away, pushed halfway up an embankment to another ramp by the force of impact.
As officers combed the road and car, a yellow grate from the pickup with three orange cones and a water cooler sat a few feet away from the car's front bumper. The worker who jumped out of the way was just about to set up the cones when the car struck, a transportation department spokesman said.
Bañales has been a district judge for 21 years. As presiding judge of the Fifth Judicial Administrative District, he assigns judges to cases when the regular judge is unavailable.




(162) User Comments:
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Posted by 389468 on June 6, 2008 at 5:04 a.m.
How horrible!Was alcohol involved?
Posted by 240665 on June 6, 2008 at 5:27 a.m.
(This comment was removed by the site staff.)
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Posted by 232854 on June 6, 2008 at 5:57 a.m.
was he drinking, thats the first question everyone else is asked.........
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Posted by 401467 on June 6, 2008 at 6:10 a.m.
He'll probably show up for court. He loves to send people to prison for drinking.
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Posted by 712045 on June 6, 2008 at 6:26 a.m.
First, prayers for the young man seriously injured. May God be with him and his family. Second, I am glad Banales was not seriously injured but I wonder if Banales was speeding or perhaps on his cell phone and not paying attention. I hope DPS does a full investigation and does not form a biased opinion based on the fact that he is a judge.
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Posted by 240803 on June 6, 2008 at 6:30 a.m.
My prayers for the injured state employee and his family.
All you people care about is for the judge to be intoxicated.I can't believe the heartless and non compassionate souls that exist in this world.
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Posted by 449075 on June 6, 2008 at 6:33 a.m.
Being a judge should be secondary in this situation. He is not in control of the investigation. I hope he was not on his cell phone, maybe this is a good example of what happens when you try to multitask while driving. May God be with the injuried man and his family. A full investigation should be performed and being a judge is no excuse for failure to CONTROL you vehicle.
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Posted by 412890 on June 6, 2008 at 6:35 a.m.
sounds like one of our law biding officials was carring some excess speed going into that ramp. He had to have to knock that TDOT truck the distance TV news said.
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Posted by 389468 on June 6, 2008 at 6:35 a.m.
We don't know if alcohol was involved or if the Judge was preoccupied or if it was merely a bad patch of road, but it's not beyond the real of possibilities for two types of justice in Nueces County . . . Bryan Smith? Mauricio Cellis?Let's just hope a REAL investigation takes place and that the public is informed, both these men are public servants.
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Posted by 711681 on June 6, 2008 at 6:37 a.m.
I can't guess on whether or not he was drinking, but in my estimation: Judge Banales was probably speeding. In order for a mid-size car to send a much larger parked truck "approximately 50 yards" and "up an embankment" after impact, I would assume a high rate of speed. I would guess since he's on a ramp with advisory speeds (probably at 40MPH), that he was going much faster than that and that's how he also probably lost control.
I wish the report would state which ramp exactly Judge Banales was entering. There's one flyover ramp that heads towards Calallen and another ramp that heads towards Downtown. I'd like to know where the TxDOT truck was parked, and where Banales veered off the pavement.
I saw the accident yesterday when I was leaving work, and it looked horrible. The entire roof of the mid-size car was destroyed, and I was thinking that driver was seriously injured or killed.
My prayers go out to the TxDOT worker,. I hope he recovers fully. I also hope Judge Banales is doing well.
Curtis Rock
Posted by 712601 on June 6, 2008 at 6:45 a.m.
(This comment was removed by the site staff.)
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Posted by 259150 on June 6, 2008 at 6:51 a.m.
Maybe now the Judge will know that accidents CAN happen. Hope the TxDot workers pulls out of this with no long-term effects. Because of the media attention I'm sure the Judge will be citing for "failure to control" his vehicle and/or "driver inattention".
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Posted by 240803 on June 6, 2008 at 6:59 a.m.
in response to 401467
I believe sending people to prison for drinking is Judge Banales job. If they don't get punished then it's the "judges are too soft on criminals" complaint.Wheather he loves to send people to prison I would'nt know.
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Posted by 233106 on June 6, 2008 at 7:11 a.m.
37 accidents now in the past 15 months for county employees?
Sounds reckless. Will a full investigation checking for drugs and alcohol be done?
Wasn't there a court manager a few years ago charged with a felony because of a cell phone and an accident?
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Posted by 239123 on June 6, 2008 at 7:25 a.m.
Post 233106, I believe it was because of make up. She was putting on her makeup that caused an accident.
My prayers go out to the TXDot employee. Also to Judge Banales.
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Posted by 240803 on June 6, 2008 at 7:39 a.m.
Yes, accidents do happen. However when a person makes the choice to get in the drivers seat of a vehicle, while under the influence of alcohol or drugs then thats no accident.I am sure for all of you anxiously awaiting toxicology reports on the judge, maybe you won't be disappointed. Seems some of you are wishing for the worst
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Posted by 240354 on June 6, 2008 at 7:44 a.m.
so many of you jump to conclusions on what happend. maybe you should be out there doing the investigation. Maybe he had a heart attack and lost control? you never know, but so many of you are sure that it was alcohol related. your minds are filled with so much negativity and so many people hate to live here because of you.
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Posted by 246492 on June 6, 2008 at 7:46 a.m.
in response to 240354
Well said and painfully true.
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Posted by 389468 on June 6, 2008 at 7:50 a.m.
We weren't the ones driving the car.We weren't the ones who hit that poor TXDOT worker.
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Posted by 245928 on June 6, 2008 at 7:52 a.m.
omg, bloggeristas !!! Posting privileges removed yesterday have been restored and here we go with speculations, such as faulty tires on the Cadillac. Sheesh, to survive after being slammed that hard and trapped that badly. God bless the TxDOT employee and Judge Banales and all the families and friends.
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Posted by 699448 on June 6, 2008 at 8:06 a.m.
My prayers go out to Judge Banales AND the TXDOT worker as well as their families.
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Posted by 592398 on June 6, 2008 at 8:12 a.m.
May God be with all involved. I am sure that Judge Banales and his family feel horrible. Come on folks, accidents happen and we have no idea why this one happened.
Maybe he was headed back to work, maybe this or maybe that, but lets wait until the investigation is done.
My son went to school with his daugter and I personally think Judge Banales is a awesome individual. And no I am not hispanic so don't go there. He was very involved with his kids and I think as a judge he is fair.
Keeping everyone involved in my prayers.
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Posted by 699733 on June 6, 2008 at 8:16 a.m.
Some of you all are so stupid. Judge Banales is a fair judge and you all need to give him the benefit of the doubt. He could have been having trouble breathing, having a heart attack or even having a stroke. You all don't know that but you all are just assuming that he was drunk. Instead of being so narrowed minded you all should pray for the TXDOT worker and for Judge Banales as we don't know what actually happened. My prayers got out to Judge Banales and for the TXDOT worker and the families.
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Posted by 233517 on June 6, 2008 at 8:17 a.m.
I like Judge Banales.I wish this young TX Dot worker well and hopefully a full and speedy recovery.Maybe the Judge just lost control of his car when he noticed the parked vehicle. Did anyone ever think about that? Remember, Banales is the Judge who is trying to keep your kids safe from sex offenders, so before you go bashing him without knowing the facts, remember, he is a good judge.
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Posted by 263127 on June 6, 2008 at 8:18 a.m.
Surely authorities administered a breathilizer test to theJudge to allay any future questions by the public about his sobriety. There is no question that a high rate of speed was involved, and there are strict laws regarding caution in work or construction zones. The Judge clearly was the at-fault party to the accident. Judges and Law Enforcement are held to a higher standard than those they serve, so the public will expect a thorough and fair review of his case. In the meantime our wish is for a full and complete recovery by both parties. God be with them.
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Posted by 238309 on June 6, 2008 at 8:20 a.m.
Time to retire; in jail, maybe?
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Posted by 712812 on June 6, 2008 at 8:26 a.m.
i hope judge banales ok. what bothers me is how the news reported the story. to me, it seems the main part of the story was all about judge banales being in a car accident. the story should focus on the fact that a person (txdot worker) was almost killed. my heart goes out to the worker's family. it seems that the judge was driving at an unsafe speed. judge banales will have to live the rest of his life knowing he almost killed someone....and that is heavy.
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Posted by 237538 on June 6, 2008 at 8:28 a.m.
this is pompous judge..it is mandatory to DPS to take a blood draw if there is a death or possiblity of a death in an auto accident..lets see fit they did.
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Posted by 235683 on June 6, 2008 at 8:34 a.m.
I'm just suprised some of you even know how to turn on a computer...
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Posted by 235519 on June 6, 2008 at 8:34 a.m.
Many of the above comments indeed have merit, BUT lest we forget, Judge Banales and the gentleman clinging on to life are both sons, brothers, husbands and I know the Judge is a Father, we as fellow humans should be less critical and opiniated if we are unfamiliar with the entire situation.
Please be more considerate in comments made.In the interim, pray for their recovery.
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Posted by 700159 on June 6, 2008 at 8:37 a.m.
My prayers for the TX Dot worker and his family as well as Judge Banales. I can only imagine how he must feel. I will keep everyone affected by this in my prayers.
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Posted by 245407 on June 6, 2008 at 8:49 a.m.
Judge Banales is a respected Lawyer, and Judge.
He is not immune from any investigation, HE WOULD BE THE FIRST TO REQUEST AN INVESTIGATION INTO HIS ACTIONS.
I very seriously doubt alcohol was involved, knowing the judge the way I do.
As for the Tx DOT worker, MY DEEPEST PRAYERS FOR YOUR SAFE AND FULL RECOVERY !
SOMETIMES ACCIDENTS HAPPEN, SOMETIMES BAD THINGS HAPPEN TO GOOD PEOPLE, WE SHOULD NOT BE SO QUICK TO BLAME OR LAY BLAME, OR ASSUME THE WORSE.
PRAYERS TO ALL OF THE FAMILY MEMBERS INVOLVED.
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Posted by 269677 on June 6, 2008 at 8:52 a.m.
You do not hear anything about a ticket or any charges? If this was anyone other than a judge. At least failure to maintain control. But nothing.
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Posted by 711504 on June 6, 2008 at 8:53 a.m.
My prayers are with both the Judge and the worker.
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Posted by 241503 on June 6, 2008 at 8:54 a.m.
"A Texas Department of Transportation heavy-duty pickup with a cherry-picker lift was parked near a ramp ...The truck was some 50 yards away, pushed halfway up an embankment to another ramp by the force of impact."
COME ON! Banales must have been doing a very very high rate of speed to cause a heavy duty CHERRY PICKER truck to be PUSHED HALFWAY UP AN EMBANKMENT!
If the TxDot worker dies, Judge Banales needs to go to prison for vehicular manslaughter. He needs to at least step down and serve some jail time for what he has done so far. I sincerely hope this investigation is not muddied by politicians trying to protect him.
I don't know the man but I do want to see justice service equally with the same veracity he used while being a district court judge. I'm tired of seeing local 'politicos' get a slap on the hand for serious crimes while regular folks like us get the book thrown at us. Judge Banales had a strong reputation for throwning books.
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Posted by 708377 on June 6, 2008 at 8:56 a.m.
Does anyone know if it had been raining in this area yesterday afternoon? It rained on I37 and towards Calallen yesterday afternoon, but I don't know if it rained closer to town. If it did, those ramps would have been filled with oil and extremely slick. Those ramps are death traps after just a little bit of rain. If he took that turn a little to fast he would have went out of control, which is what looks like happened. No One has said that he was drunk or that alchol was involved at all so let's let the police do their job and not speculate.
To the TXDot worker...My prayers are with you and your family! Get well soon...
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Posted by 351711 on June 6, 2008 at 8:58 a.m.
I heard that the sherrif seemed more concerned about the Judge condition then the poor Gentleman that got hit...... according to the interview they had yesterday.... I didn't see it, but heard about it from more than one person. If that is true, how sad.
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Posted by 712040 on June 6, 2008 at 8:58 a.m.
I think Judge Banales is a good and honest man. If he had suffered a heart attack or stroke (as some have posted) I am sure the news would be all over it. Judge Banales has a lot of integrity and I seriously doubt he would jeopardize his life and the life of others by drinking and driving.
What I have seen many, many times by CC drivers is they are going so fast down SPID, talking on cell phones, eating, etc., that they almost pass the exit ramp and suddenly veer across several lanes to get to the exit. Maybe the Judge was distracted and suddenly realized that was his exit. Excessive speed was obviously a contributing factor.
Either way, instead of assuming (which I am guilty of) let's just pray together as a community for the TXDOT worker and his family. He was just out there doing his job making an honest living. SLOW DOWN people. Life is too short.
I for one will pray a rosary this morning for all parties involved. Anyone want to join me?
Mike
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Posted by 351711 on June 6, 2008 at 9:03 a.m.
Our hearts go out to the Victims and their Familys and to the Judges Family as well, hoping a speedy recovery for all.
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Posted by 240926 on June 6, 2008 at 9:12 a.m.
WELL, LET'S JUST HANG THE JUDGE BY HIS THUMBS AND BEAT HIM. I CAN'T BELIEVE HOW SMALL MINDED SOME OF YOU THUGS ARE. JUST BECAUSE YOU DRIVE DRUNK AND UNDER THE INFLUENCE DOES NOT MEAN THE JUDGE WOULD. I'M SORRY THE DOT GUY GOT HIT, BUT I FEEL QUITE SURE THE JUDGE IS QUITE UPSET ABOUT IT TOO. GIVE THE JUDGE A CHANCE. YOU PEOPLE JUST LOVE TO HOPE FOR THE WORST FOR ANYONE IN AUTHORITY. HOW DOES IT FEEL TO BE PERFECT???????
Posted by 329691 on June 6, 2008 at 9:13 a.m.
(This comment was removed by the site staff.)
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Posted by 707340 on June 6, 2008 at 9:15 a.m.
"there are strict laws regarding caution in work or construction zones."Yes in construction zones.But this was not a construction zone.This was a broken (for lack of a better term) sign in need of repair.They had not even been there long enough to place the cones.
As for not hearing anything about charges or tickets, shouldn't we be concerned about everyone's well being rather than focusing on fault at this moment?
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Posted by 329691 on June 6, 2008 at 9:22 a.m.
Let's show a little more compassion for the victim in the hospital. Heaven knows how long he will be laid up as for the judge he's banged up but he'll recover, buy a new car and go to work. Will the victim recover? What about his family?
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Posted by 374265 on June 6, 2008 at 9:25 a.m.
He will probably get away with it, and in the meantime, that TxDOT worker will never be the same, if he lives.
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Posted by 323020 on June 6, 2008 at 9:26 a.m.
It 's obvious that the cause was failure to control speed,but they indicate they are unable to determine the cause. He'll probably get away with losing a few hours of vacation time like the police chief.
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Posted by 442726 on June 6, 2008 at 9:27 a.m.
I am a friend of the worker and his family. It seems there is so much more concern about the judge, whose injuries were not life threatening, than for the person fighting for his life in the hospital. My heart and prayers go out to my friend and his family.
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Posted by 240803 on June 6, 2008 at 9:27 a.m.
in response to 351711
I've heard alot of things too, that does not make them true. We don't know about Sherrif Kaelin's concerns or feelings from what we hear.
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Posted by 240593 on June 6, 2008 at 9:36 a.m.
there is so much animosity on here for judge banales.... i take it that most of you all have had a loved one or yourself, perhaps, sentenced by this judge!!!
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Posted by 231171 on June 6, 2008 at 9:39 a.m.
Prayers to all involved-it sounds like the judge is going to be ok and hopefully the TxDot worker can somehow pull through.
As for that area, like many others in this city, people drive like "bats outta hell"-so I am not surprised that this has happened and am surprised that it doesn't happen more often. CCPD, who I usually support, never seems to catch the fools who fly around the city at 95 mph in a 30 mph hour zone. Obviously, there is a reason that we don't see more officers on the streets, and that needs to be fixed.
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Posted by 272666 on June 6, 2008 at 9:40 a.m.
I never heard so much bull in my life as in these comments, you and I all know there is going to be a white wash and will be made to go away its called " executive privilege"
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Posted by 592398 on June 6, 2008 at 9:41 a.m.
Please wait for the investagation to be complete. No one knows what happened, maybe there was a slick spot on the highway, maybe something had spilled out of a tanker, who knows. If he did hit a slick spot and then lost control, the speed of his car could have increased at that point.
Obviously he has angered quite a few in this town.
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Posted by 712985 on June 6, 2008 at 9:45 a.m.
WHY DIDNT THEY STICK HIM WITH A NEEDLE AND DRAW BLOOD FROM HIM? THEY WOULD HAVE DONE THAT TO ANYONE ELSE.
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Posted by 711235 on June 6, 2008 at 9:48 a.m.
in response to 592398
when you hit a slick spot you don't speed up, you can't slow down, but you don't accelerate fast enought to move a large truck 50 yards.
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Posted by 712631 on June 6, 2008 at 9:51 a.m.
in response to 592398
i agree.. let's wait before we assume. hope the txdot worker pulls through.
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Posted by 425944 on June 6, 2008 at 9:52 a.m.
in response to 351711
How sad of you to spread gossip and rumors that are not true. Maybe you are Mr. Flores himself?
Sheriff Jim Kaelin is adamantly AGAINST drunk driving by ANYONE. He would never try to cover up anything.
He is just as concerned for the seriously injured Tx Dot worker as he is for Mr. Banales.
Nice try for you to try to discredit the Sheriff in all of this.
After all, .....it is an election year isn't it?
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Posted by 712985 on June 6, 2008 at 9:54 a.m.
in response to 592398
yea dude, what are you smokin' . if im going 30 mph and i hit a "slick spot", my car does NOT speed up. dont you know anything about physics?
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Posted by 463263 on June 6, 2008 at 9:54 a.m.
This same stuff happens to all stories posted here by CCT... Everybody assumes something in some way or another about the story, but now it's the judge involved and it's all wrong?
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Posted by 705049 on June 6, 2008 at 9:56 a.m.
I feel sorry for the worker. As far as any legal action against the judge, all the lawyers and judges in our legal systems are buddies. They act like they hate each other in court but they'll be sharing a pizza at lunch. Odds are the judge will get off easy.
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Posted by 409842 on June 6, 2008 at 10:01 a.m.
prayers to the txdot worker
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Posted by 712987 on June 6, 2008 at 10:02 a.m.
in response to 351711
I thought we could not spread lies on here? What you just did is just as bad as the National Inquirer.
Two people were involved in a horrible accident. None of us know the details.
The picture of the judge's car looked scary. I am surprised he survived. As for the TXdot worker, I am hoping he is able to come out of this and have a full recovery.
Does the TXdot worker have children? If so, can you imagine what they are going through? Not only that, what about his parents or other members of his family?
What about the judge? I know he has a family. They are probably worried about both parties. The pain to see a loved one lying in a hospital bed after something traumatic may go away but it will stay with you forever.
Have some sympathy for both worker and judge. Hope for the best out of both of them.
Caller Times, do you have any more details concerning this accident? Please hurry and update before this blog is filled with gossip and rumors.
My thoughts and prayers go out to both families as they go through this.
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Posted by 409842 on June 6, 2008 at 10:02 a.m.
the judge was on a panel at the federal courthouse yesterday...the discussion was to start at 4 p.m...the accident happened at 3:20...wonder if he was rushing to the panel.
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Posted by 425944 on June 6, 2008 at 10:06 a.m.
in response to 409842
If the accident happened at 3:20, and he didn't have to be at the Federal Courthouse till 4.....then that would have allowed him plenty of time. (there would have been no need to rush)
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Posted by 712985 on June 6, 2008 at 10:07 a.m.
in response to 409842
yea it was 3:20, he had one hour to make it to the pow-wow.
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Posted by 239123 on June 6, 2008 at 10:07 a.m.
post 329691 No it wasn't a closet thing. It was in the news. It happened maybe in the late 90s. I don't remember the name of the female. Maybe someone else remembers that accident.
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Posted by 452408 on June 6, 2008 at 10:09 a.m.
First and foremost...I pray for both parties, family, and friends and for a speedy recovery for both men.
For all of you who think the book should be thrown at the Judge or that think he will get away with it just because of his standing in the community...I can almost guarantee that since the Judge probably has no prior record (he wouldn't be a Judge if he did), and if he is guilty of anything other than failure to control speed, then he will be granted probation. So all of hoping for prison keep dreaming. And that outcome would have nothing to do with his standing in the community. There was a lady on probation in San Patricio County (where I work) who has killed 3 people at two different times for drunk driving or driving under the influence of drugs and has been granted probation. Only after she tested positive for drugs was her probation revoked and sentenced to prison.
I hope none of you ever make a mistake this great. Because I don't want hear you ask "please don't send me to prison, it was the first time I ever screwed up". I hope the book gets thrown at you. It is unbelieveable how inconsiderate and rude people are. Next thing you know someone is going to assume the TxDot worker jumped in front of the Judge in order to be able to file a lawsuit.
Every single one of you on here crucifying the judge is nothing short of pathetic...and I don't even know the man.
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Posted by 707647 on June 6, 2008 at 10:11 a.m.
Hope the TxDOT worker pulls thru. My prayers go out to them and their family.
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Posted by 232885 on June 6, 2008 at 10:18 a.m.
Those fly-overs going both ways from SPID are accidents waiting to happen. There have been so many accidents on those exits that have resulted in serious life long injury. You know maybe it was just an accident, maybe he was going a little fast, BUT how many of you can say that you haven't done the same thing at some point and time? I for one hope that all parties involved will pull through this.Judge Banales is a good man and like other posters have said, he is a very good family man that believes in what he does as a judge. I am not a supporter of his wifes political position, but they are both decent folk. Some of you people have such a blood lust and hope that the worst is true. You people frighten me more than any political officer ever could. God Bless the Banales family and the family of the TxDOT worker
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Posted by 372756 on June 6, 2008 at 10:18 a.m.
I think the people on here writinng mean things about the judge are prolly people who have been sentenced by him or have family members who have been sentenced by him. Isn't everyone always complaining about how unfair the system is and how lax the judges are? Now you are slamming him for being too harsh? Is there no pleasing you people? Of course not, cause people love to have something to complain about. I agree with the bloggers who say maybe he did have problems breathing or was in the midst of a stroke. Also he is the one trying to keep our children safe so defintely kudos to him! As for the TXDOT worker, I sure do hope he gets better and my prayers are with him and his family.
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Posted by 712987 on June 6, 2008 at 10:19 a.m.
Some people get great satisfaction of bringing others down to their own levels.
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Posted by 711114 on June 6, 2008 at 10:31 a.m.
I do believe that newspapers generally have an obligation to investigate any elected official. This is particularly true when an elected Judge poses as being strict on law and order. For example, was there any recent police report or incidents of this elected official? Or, was this official involved in any previous auto accidents in suspicious circumstances wherein someone was seriously hurt by this man? I would very much appreciate any informative article dealing with these issues.
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Posted by 712710 on June 6, 2008 at 10:38 a.m.
My prayers go out to the city employee and Judge Banales. I hope everyone involved pulls through. What a terrible accident.
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Posted by 376065 on June 6, 2008 at 10:40 a.m.
Is this the judge married to Peggy Banales?? The Peggy Banales with the magic funds transfer account??? Poor TXDoT worker. This will be one more coverup to help the priviledged politico class in Corpus Christi.
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Posted by 235933 on June 6, 2008 at 10:51 a.m.
All you people who speed and disregard other's safty, let this be a lesson to you. Tailgating, speeding, weaving in and out of traffic just so you can get some place faster in 2 minutes just is simply not worth it.
SLOW DOWN!!!
Now the county gets ANOTHER tic on the tally sheet for a motor vehicle accident...
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Posted by 274667 on June 6, 2008 at 10:58 a.m.
He was probably mad that the money was going toward hiway maintenance rather than building him another $130,000 office!!!
I know that sounds horrible, but hey!!! He deserves it as far as the tax payers are concerned. What goes around comes around. Unfortunatly a low paid laborer had to pay the price once again.
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Posted by 712985 on June 6, 2008 at 10:58 a.m.
in response to 235933
we dont need to slow down, you need to move out of the fast lane, GET OUT OF THE WAY!!
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Posted by 274667 on June 6, 2008 at 11:08 a.m.
Let's be honost about all this.
Had the worker hit Banales as he was crossing the street at the court house, he would have been whisked off to jail immediatly. There would be NO investigation. The worker would have been brought up on charges, jailed, sentenced and hung within 48 hours. Not to mention the civil suits that would then hit him that would cost him his home, cars, job and future.
Just a thought...
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Posted by 712985 on June 6, 2008 at 11:10 a.m.
two things dont make sense to me. #1) THE CADILLAC SLID OFF THE PAVEMENT.#2) THE TRUCK TRAVELED 50 YRDS.
1: when was the last time you saw a car just slide off pavement?a) in the snowb) in the rainneither was the case in this situation.
2: do you know how far 50 yrds is???? that id half a football field!! the truck probably weighs twice what the caddy does with all that equipment on it.
the judge was in WAY to big a hurry.he should be punished.
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Posted by 709587 on June 6, 2008 at 11:11 a.m.
My prayers go out to that young man and his family , also to the judge, you know, i hear many talk bad about judge banales, but you know what , hes not a bad person , he is looking out for our children , and if hes hard its cause hes protecting us,and he is fair. I believe that he doesnt mean any harm hes doing his job, and this is not about his work , its about the accident and prayfully everything will be ok, God Bless to you all and your familys.
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Posted by 329691 on June 6, 2008 at 11:11 a.m.
in response to 239123
Ooookay, I get! Thanks for clearing that out. It's one of those social diseases and on the bench he looks like he couldn't hurt a fly and dangerous behind the wheel, too!! He needs to go to driving classes along with the other county employees.
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Posted by 342632 on June 6, 2008 at 11:15 a.m.
i just hope that the police officials do their jobs the way they should and handle this situation the way it should be handled and not any differently because of one person being a judge.
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Posted by 376065 on June 6, 2008 at 11:24 a.m.
in response to 709587
The judge may very well do his job great, but I am one voter who will not forget his wife and her "funny accounting methods" for funding an overpriced remodeling of his office. It is that sense of "entitlement" that makes me angry and should anger every tax paying citizen in Nueces County.
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Posted by 373365 on June 6, 2008 at 11:24 a.m.
It seems like everyone is assuming alcohol or cell phone use is at fault. Everyone apparently understands these hazards, but I constantly am avoiding collisions from people I see are using their cell phone and driving, and can only guess at the alcohol use. If we know and understand these problems, why are they so common?
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Posted by 712993 on June 6, 2008 at 11:25 a.m.
This judge is something. He hits a worker that gets paid a fraction of what he himself makes and probably will forget about it in a few days. That's the way he appears to be, constantly sentencing people with little regards to the entire situation only to build a name for himself as the meanest judge in Corpus. Why? He deserves no leniency and should have a permanent mark on his record. I don't care how you look at it, he was at fault. There is know faulty roads or misunderstood signs that I have ever seen or heard of before. Let's see who plays the corpus christi people as fools and tries to make this seem like the judge is oh so innocent. I hope that you get the same attitude and judgment that you subject the people that make mistakes get, because yea your not God and some mistakes can be learned without the harsh punishment that you put forth on the people.
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Posted by 712992 on June 6, 2008 at 11:34 a.m.
Everyone's making this thing so big because of who is involved. Putting identities aside, let's not forget there is a person clinging to life through no fault of his own. And the second person who caused is in far better shape than the first. I take that exit ramp daily, and I believe that to lose control in that area you must be going at an excessive speed or you are not capable of fully controlling your vehicle on curves. In either case, the driver is at fault for any loss of control. The area did not receive any rain prior, so that can be ruled out. If perhaps there was a slick spot for whatever reason, the driver should be attentive and adjust accordingly. if the driver suffered some sort of episode suchas a heart attack, etc., should there not have been warning signs to cause him to pull over and call for help?As I said I drive through there daily, and saw the accident shortly after it happened. My opinion is that the driver is at fault to some degree and if his inability to control his vehicle was caused by alcohol, or drugs, that that is just wrong.He should be held accountable for his actions acording to the circumtances in which it all happened.I hope the worker comes out okay. I hope the same for the driver as I believe he will be. In any case this will be something to carry on his conscience for the rest of his life.
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Posted by 709587 on June 6, 2008 at 11:36 a.m.
in response to 376065
I understand your concern of his wife spending, but the whole issue is not his other half, its the accident that happened, and we just need to pray that everyone is gonna be ok, and pray for them and there families.
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Posted by 712993 on June 6, 2008 at 11:45 a.m.
IN response to 709587
Give me a break, he is not trying to protect our people. He is trying to protect a certain kind of people.. That money he spent on his over priced office came at some one losing there freedoms price. I wonder who he sentenced to get his hands on the money to make his office. He is not diplomatic by any means. He is however using his wrath of punishment to strike fear in your behind to be kissing up like that.
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Posted by 376065 on June 6, 2008 at 11:57 a.m.
in response to 709587
I sincerely pray that everyone gets well and resumes their life as before; I just don't want to see this driver (Judge Banales) get any preferential treatment because of his community status. Like the paper said, the Judge is not hurt badly, so why did he lose control of that 6000 pound vehicle he drives and why was he is such a hurry? Failure to control speed, for sure.
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Posted by 709952 on June 6, 2008 at 12:06 p.m.
Is this the same righteous judge (judge Bananas) that makes sex offenders put signs in their front yards? Wonder what they think right now. Did you see his car after the accident? I agree with post 712985, but since he's a judge I'm sure everything is in motion to get him off the hook. I'm sure there're a lot of people willing to do him a favor right now in case they end up in his court room.
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Posted by 711318 on June 6, 2008 at 12:12 p.m.
I'll probably be banned by the editor for this one, but here goes.....
The appearance of any special interest or privilege in this case is most important. From the first instant it was reported, this was not the case. Mysteriously, this website closed down comments on this article. Go ahead and write an explanation, but it's too late.Conclusion is that it was a petty attempt to abridge free speech.The one local TV news channel that I watched last night, Channel 6, placed this story in third or fourth place, behind a home burglary, with skewed emphasis on the condition of the judge, including the skewed interview with the Sheriff. We could use some pointers from the Soviet's on this type of media manipulation, because these attempts yesterday were amatuer .
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Posted by 267132 on June 6, 2008 at 12:26 p.m.
Notice the headlines? The judge's CAR hit the transportation worker, not the Judge.
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Posted by 711114 on June 6, 2008 at 12:37 p.m.
I would believe that Channel 6 would put this story third or fourth. If an ordinary citizen is accused of a crime they will try to put inflammatory, untrue and prejudicial stories about them and do everything to prevent them from getting a fair trial. Channel 6 News is like fantasy and science fiction broadcast as truth.
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Posted by 330770 on June 6, 2008 at 1:08 p.m.
Isn't this the guy who's wife, Peggy Banales, just voted her husband some $$$ so that he could get a new office off the taxpayer's back. What kind of integrity are you talking about? He gets a six figure salary as District Judge plus a salary for his 5th region duties, his wife gets a nice fat salary thanks to the raise she voted for herself and then they have the gall to take money from the poor people in Annaville and Calallen. Judge Banales is NOT a fair judge. Anyone who practices law in his Court knows that he is state oriented -- Judges should perform judicial duties without bias or prejudice. A judge who manifests bias on any basis in a proceeding impairs the fairness of the proceeding and brings the judiciary into disrepute. Banales has passed judgment in Court for 21 years. Not only people who are brought before his Court but also people who don't agree with him. People in Corpus do not speak their minds for some reason. They do not or can not say what they really mean. He has the power and he knows it and I think people are afraid of him.We must hold these Judges to a higher standard for they are the ones that sit and Judge you and me for this same kind of incident. He would not hesitate for one second to put you behind bars if the shoe were on the other foot. Why are people making excuses for him. It was an accident only because Banales CHOSE to speed, talk on his cell phone or become distracted. He didn't have a heart attack, that is some excuse someone wants us to believe. He must accept responsiblity for HIS ACTION.I too thought Sheriff Kaelin only talked and showed concern with Banales. He did not even mention the poor injured TxDot worker. I feel the preferential treatment already starting. Who gets a visit from the Sheriff when they're involved in an accident. Do you? Sounds like a cover up already starting.My prayers go out to the worker and his family -- you know he's a goverment employee too.
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Posted by 416377 on June 6, 2008 at 1:10 p.m.
how about mrs. peggy give all that extra taxpayer's money she has put aside to fix the judge's office and now help the victim and his family through this tough time. Makes sence.
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Posted by 399225 on June 6, 2008 at 1:21 p.m.
Was Jim Kaelin driving the car or was he the guy that got hit? Why do we blame the Sheriff for every incident in this county? He was not involved. Get a life. Your candidate lost.
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Posted by 338518 on June 6, 2008 at 1:46 p.m.
Judge Banales would be the first to expect that the appropriate procedures be followed in the investigation. He is strict but fair and seems to strive to do the RIGHT thing in everything he does. I have so much respect for this man. He has more integrity than any of you negative bloggers could ever have. I won't give the negativity any more attention. I'm sure that he and his family are devastated over this tragic event. I am so sad for the victim and his family and have them all in my prayers and I'm willing to bet, so does the Banales family.
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Posted by 449075 on June 6, 2008 at 1:56 p.m.
Banales was drunk with power. Now let us see if the law works on people that do not control their vehicle.
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Posted by 248197 on June 6, 2008 at 2:04 p.m.
Notice the headlines? The judge's CAR hit the transportation worker, not the Judge.--Stop trying to over analyze the headline. That's probably how I would title it too and I don't even care about the Judge.
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Posted by 233198 on June 6, 2008 at 2:16 p.m.
OMG: The ignorance and small minds of some of you people...you have no idea what happened and are already throwing stones at the Judge...simply because he is a Judge....thugs....pfft.....get a life.
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Posted by 329691 on June 6, 2008 at 2:29 p.m.
The injured worker must be in real bad shape since he will be transferred to San Antonio according to an update. Hopefully the judge will have the decency to inquire or visit this poor man. Yeah! there is alot of concern about the judge forget about the worker who's on lifesupport. Why do they have to mention the judge's car model? Cadillac Deville/Camry/Jeep who cares what he drove, his car did the injuries. He better prepare himself for a lawsuit. Could be in his own courtroom. And those of you who are so concerned about all these negative blogs, it's called Freedom of Speech. Don't login!!
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Posted by 236373 on June 6, 2008 at 2:34 p.m.
I heard he was on his wa y to Taqueria Garibaldi to catch the before dinner special.
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Posted by 248197 on June 6, 2008 at 2:44 p.m.
They always mention the types of cars in incidents like these. Don't over analyze it.
And for goodness sakes, these are not blogs, these are just comments! A blog is different.
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Posted by 712998 on June 6, 2008 at 2:44 p.m.
My prayers go out to the TxDOT worker, Judge Banales, & both of their families.
Instead of thinking the worst possible outcomes, we should all pray for the best in both recoveries!
Also, we all should keep in mind accidents do happen, and knowing the Banales family, I know they all feel terrible for the accident that has occured. So out of respect, no one should express negative feelings towards the family during this time of suffering. Put yourself in his shoes, no way would this be an easy ordeal to cope with. Just think, if you were laying in a hospital bed with this accident weighing on your shoulders, you too would be looking for positive support!
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Posted by 233198 on June 6, 2008 at 2:45 p.m.
248197 haha you tell'em.
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Posted by 444846 on June 6, 2008 at 2:58 p.m.
in response to 233198
Maybe, the judge was rushing home, after seeing you at your home. And thats why he was speeding. Maybe you need to get a grip.
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Posted by 699733 on June 6, 2008 at 3:16 p.m.
in response to 712985
You are being very judgemental. Why don't you wait and see what the police find out in their investigation. After reading what might have happened, I think speed was the factor but we don't know for sure. Let us just wait and see and pray for both victims. I am sure the family of Judge Banales feel bad for the other victirm and his family. So, let us be nice about this and quit being so ugly about what might have happened. THIS IS WHY THEY ARE CALLED ACCIDENTS. Let us all pray that we are never in accidents.
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Posted by 711114 on June 6, 2008 at 3:39 p.m.
How many "accidents" is Judge Banales entitled to be involved in before he is held accountable for his actions? I believe this is the second serious very questionable "accident" wherein someone was seriously hurt.
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Posted by 704748 on June 6, 2008 at 4:35 p.m.
hummm............how interesting. I just wonder, how is this going to get covered up???
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Posted by 703769 on June 6, 2008 at 4:59 p.m.
he's a judge, trust me he will get out of this with no pain ($)
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Posted by 319029 on June 6, 2008 at 5:22 p.m.
Judge Banales, You may not remember me and I sure didn't know you outside of your "State Judge" license plates that morning on Alameda and Doddridge when you almost ran me over.
Perhaps I can help you with your memory Judge Banales, I was starting to cross the street in the direction of Bank of America from Frost Bank when you made an illegal lane change from the through traffic lane to the turn lane, then ran the red light and almost hit me while I was in the crosswalk with a "WHITE CROSSWALK" light in my favor.
You may not remember with all of this information since you sped around the corner chatting with who I assume was your wife. When I got home I told my wife the whole story of the guy with a mustache and judges license plates that almost hit me.
I didn't know who you were until I saw your car on TV with the top cut open and you being carried away on a stretcher. If I were ever approached by law enforcement or an attorney I would be more than happy to relay my "experience" with your driving "under oath."
In my brief contact with you that Saturday morning, I don't think you belong behind the wheel of a car and definitely not in a position of authority in our community. Yet you are a judge! Outrageous!
I hope there is not another cover-up that is so common with investigations in Corpus Christi. My prayers are with that TEXDOT worker.
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Posted by 712731 on June 6, 2008 at 5:24 p.m.
I was on my balcony right in front of the freeway that the accident happened. The judge lost control from the lane going to Callalen. The truck was right in the middle of the 2 exits in the grass and as you all know that it is also an incline. He hit the truck and bounced away into the TXdot worker. To me it seemed like if he was driving faster than normal but I dont fully know what was happening on his end. I couldnt sleep last night after seeing that poor man get hit. My prayers go out to him and his family. The roof was only gone bc of the Jaws of Life. The whole driver side was smashed in the door almost literally fell off when they tried to open it. I think the judge was more concerned about that man bc they were talking to him than rushed to the TXdot worker. From there they attended to the worker first and almost 20 minutes later they took the judge out of his car into another stretcher.
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Posted by 711762 on June 6, 2008 at 5:30 p.m.
My daughter passed the same place about 10 minutes before the accident and said the wind almost blew her car off the road. So that may may have been a cause along with speed.
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Posted by 233198 on June 6, 2008 at 6:56 p.m.
I am just curious.....had he NOT been a Judge would you that are hating be hating? Would the headline had been "Factory Worker or Nurse or Secretary hit City Worker." We do not know the whole story, stop creating it! Also if you think our city is so bad that there is going to be a cover up.....then why don't you move, stop making yourself miserable....Go live in another town.
Of course, I am sure the ones hating on him prolly are not on the right side of the law anyway, otherwise, why would they hate a Judge??
You guys are making yourselves look small and ignorant. You seem to forget, there is a man in the hospital and a family who is hurting too, maybe you should be sending him wishes instead of throwing up all these possible ways the accident happend that you know nothing about, why give him more hatred to read they are already in enough pain!
The lady on the Balcony: She saw the accident and did not even spew hatred, she came across very sympathedic and fair...try taking a cue from her!
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Posted by 712918 on June 6, 2008 at 7:06 p.m.
I drive that overpass to Calallen every day and it is very tricky, especially on windy days. Most people do not observe the speed limit, those that do either get tailgated or passed up. I believe the wind could have been a factor.
Everyone should just stop with the public speculation of what happened and keep these gentlemen and their families in their prayers. Regardless of their profession, at this time they are two unfortunate human beings in need of everyone's prayers.
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Posted by 713008 on June 6, 2008 at 8:47 p.m.
in response to 389468
no
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Posted by 713008 on June 6, 2008 at 8:51 p.m.
in response to 401467
he's a great judge
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Posted by 713008 on June 6, 2008 at 9:01 p.m.
in response to 240803
i agree...everyone needs to pray for both parties. Leave these people alone...focus on healing, prayer and a happy ending ...lori
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Posted by 713008 on June 6, 2008 at 9:08 p.m.
in response to 233106
yes there was a court manager under investigation but it wasn't judge banales court coordinater...and not in his court
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Posted by 713008 on June 6, 2008 at 9:22 p.m.
in response to 449075
no he wasn't and you don't know my judge banales..stay focused on prayer and healing ...quick to judge...stay focused
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Posted by 713008 on June 6, 2008 at 9:28 p.m.
in response to 712918
i agree...please pray for my judge and the other gentlemen in a positive recovery.....lori
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Posted by 237099 on June 6, 2008 at 9:40 p.m.
RE: 712918
He wasn't going towards Calallen - he was traveling on SH 358 and taking the ramp to go towards downtown. If the wind was a problem wouldn't there of been more cars being blown off the roadway-? WHY do you say everyone should STOP speculating on what happened when you yourself are doing the same.
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Posted by 712918 on June 6, 2008 at 10:22 p.m.
In response to 237099:
Read post 712731 (who witnessed the accident) and 711762. I'm not speculating why don't you try to read the posts again.
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Posted by 712664 on June 6, 2008 at 10:42 p.m.
in response to 274667
That argument doesn't bear any logic.....
keep the thought, raise you a clue.....
Prayers to the TXDot employee and his family.
Prayers to Judge Banales and his family.
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Posted by 319029 on June 6, 2008 at 10:59 p.m.
If anyone thinks that I'm saying this because he's a judge, just remember one thing. I'm sure the banks where I was almost hit by this so-called judge have surveillance camera systems, as does the Exxon gas station on the other corner.
Some of you think judges and police chiefs should be held to the same standard as everyone else. Everyone "else" is not a judge or police chief. The low standards of Corpus Christi is what made it what it is today. It's not very pretty.
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Posted by 254268 on June 7, 2008 at 2:12 a.m.
He killed someone like 20 years ago. How pompous can you be to keep killing people and still get reelected and twist arms to have your wife elected?
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Posted by 710237 on June 7, 2008 at 4:42 a.m.
in response to 235519
Well, I think there is so much anomosity towards Judge Banales and of course his wife simply because how they attend to their work and positions. The issues about her moving county funds so her husband could redecorate his new office at City Hall, for him to encourage it, and for her to negotiate with the other commissioners behind the scenes when it came to the vote is the great distractor in all of this. This is what has turned many of the citizens off and this is why, unfortunately, people look upon the Judge and his wife with distrust and disgust. It did not bring out the best in us, I guess, and so people have made their feelings known which they have every right to do so.
Had the Judge and his Commissioner wife handled the above affair differently and not felt so entitled as most citizens felt, I think there would be more compassion towards him. But, it's too late for that. It isn't always the "right way" to go about something when we feel we can control everything and see that we aren't breaking a guideline as in the case of the Judge's office. The Judge and his wife got what they wanted but look at what cost it took on them. I bet they don't feel it was worth it now but this is a lesson to be learned by all public officials.
Yes, I agree, we need to nevertheless pray for everyone. My heart really goes out to Manuel Garcia, the worker, and his family. I am sure this is one of the most horrible events in their life. I am sorry they have to experience it. I am so sorry it had to happen...I am sure the Judge and his wife wished they could control something like this as well as they controlled redecorating the Judge's office.
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Posted by 709654 on June 7, 2008 at 8:08 a.m.
Uh-oh.
Clear day. No road hazards. No inclement weather conditions. We've all seen the posted signs concerning "workers ahead". Ramps, and their posted signs.
BIG trucks moved 50-yards by mid-sized cars. And not only moved, but pushed up an embankment at that. PUSHED UP. That children takes some hella pushin' by a much lighter object striking a much heavier stationary object. If you think not, try finding a person about 3 x's your body-weight and striking them with enough force to move them roughly 10 feet.Some of you would do well to consult Newton's Laws as well as bone up on such things like Force, Resistance and other saiient matters
If it were me I'd better be hoping like HELL a stroke or heart attack was something it could be pinned on because anything otherwise I'd likely be going on vacation to Hotel Huntsville.
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Posted by 699936 on June 7, 2008 at 10:24 p.m.
There is a fund for the txdot workers family to help with expenses while he is in the hospital. Navy Army credit union for txdot employee Martin Garcia. thank you and god bless everyone involved in this accident.
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Posted by 711760 on June 8, 2008 at 6:17 p.m.
Its sad how he will probably get away with this because of his position. And as far as everyone standing up for him and the sherriff that is just crazy. I chanllenge everyone and the MEDIA to look into a sherriff deputy with the last name of Solis getting terminated because of a vehicle accident. Why doesnt he get the same treatment. Lets see how far this gets and that will show how the system is when even media keeps quiet about some of this stuff.
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Posted by 459106 on June 8, 2008 at 8:33 p.m.
Okay everyone, there are 3 possible reasons, 1. alcohol related, 2. using the cell phone and not paying attention or 3. Speeding, of which he is known to do quite often. He will not admit to speeding or using the cell phone, so people, don't expect a confession from him. There are ways to find out how fast he was going, or should I say estimate of speed, but what I heard, that is no longer revelent, that law suddenly changed the day of this accident. Mr. Banales, I have seen you at the church driving out of the parking lot like a bat out of hell quite a few times. Tell me Mr. Banales, if you did not have any alcohol in your system, good, but why would you run over this man? Were you going too fast to react and avoid him. Were you distracted by the cell phone, or were you just not paying attention? Will you admit to any of this? I think you should, because if not, that means you did it on purpose? I hope I am wrong, but it has to be one of these 3. You have gone through that route many times, you know that you have to slow down, why did'nt you? Being that you are a judge, you will get away with this, there is no doubt in my mind. I have seen it way too many times in my lifetime. You may be a law abiding citizen and a good judge, but you are human and can make mistakes just like everyone else. So be a man and tell the public the real truth, after all, is'nt that what you ask of the clients, be honest, truthful? Think about it everyone, there is no other explanation, if you have one, let all of us know. Don't get me wrong, I have nothing against the judge, but he almost killed a man because of his negligence.
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Posted by 243116 on June 8, 2008 at 10:14 p.m.
As all of you may understand, accidents are just that 'Accidents'. There is a lot of speculation as to the cause of the accident. Our main focus should be on the health and welfare of those involved. As a long-time friend of Martin, I hold no ill will towards the judge. Two families were affected. In retrospect, I just wished that there was just a little more coverage on Martin Garcia as there was on Judge Banales in the beginning. I just pray that everything comes out okay for all involved.Additionally, I don't make it my business to solicit donations but there is a fund already established for Martin as posted earlier. For those who are not fully aware, there is a long and painful road to recovery that lies ahead for him and his family. For those who can, please take a moment to donate. Thank you in advance for your prayers and compassion.
Martin Garcia Fundc/o Navy Army Federal Credit UnionP.O. Box 81349Corpus Christi, TX 78468-1349
God Bless Martin and his family through this difficult time.
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Posted by 713037 on June 8, 2008 at 10:33 p.m.
Judge Banales gave me 60 years in prison for a crime....yes he is known to be a harsh man when it comes to the law. However, this same man after 6 years of recieving my letters and those of my wife, he reduced my sentence to 10 years. I am now with my family again. I wish for the best possible outcome for the victim and the Judge. Let us show a little compassion instead of finger pointing with upturned noses.
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Posted by 713038 on June 8, 2008 at 11:25 p.m.
Prior motor vehicle to pedestrian collision with Judge Banales happened August 20, 1990. Struck a mentally challenged individual. Also on this present accident it is getting around the medical community that no blood alcohol or drug test was done and the media was told it was. Very bad if true.
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Posted by 713038 on June 8, 2008 at 11:30 p.m.
Apparently if this was an accident why was the DPS given the case and Carlos Valdez is running for cover? If this was an accident why weren't alcohol specimens and drug specimens allegedly not drawn? Why was the briefcase Banales had retrieved by a retired DPS officer instead of being part of the investigation? Why was the press told specimens were taken? Why havent the press told anyone about the August 20, 1990 car accident where he struck a homeless and mentally challenged individual. People need to look closer. This is the second serious hit by him. Where are the blood specimens? The "DPS" is backlogged. Yeah, right. The results will never come out because 98 percent chance they never drew it. Medical community is buzzing about this. Seriously.
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Posted by 713038 on June 8, 2008 at 11:37 p.m.
Posted by 233198 on June 6, 2008 at 2:16 p.m:Who do you think you are presuming that the people writing these comments are thugs. Do you in your small mind even begin to comprehend that there is a coverup by the media, sugarcoating and spinning the Judges way, "The car hit the man", "the car swerved off the road". "the car lost control". Wise up and go ask for the police report on August 20, 1990. There will be a big surprise if the accident report is on file which it should be. The circumstances behind that report are very, very suspicious. He struck and seriously injured another man on that date. Do you know that? Who is calling who a thug? I think the word croney best fits you my friend. My prayers are with the poor man who is going to have to undergo surgery to his crushed pelvis and has to have a bag to evacuate out of and is being transferred to get rehabiliation. Remember, he has struck and hurt another and there is also something I heard about a shooting when Banales was in college.
Posted by HOMERO VILLARREAL at 11:48 PM 0 comments
LATEST ON BANALES DRUG AND ALCOHOL SPECIMENS
A leak somewhere in the Memorial system reveals that a few people up the chain were questioning why a specimen was not drawn and why an E.R. doctor on duty did not order the specimen of alcohol and drugs on Judge Banales in this serious accident which according to some most law enforcment and medical people is mandatory. We are confirming whether or not this is true and if the "backlog" excuse by DPS is just an excuse. The lab result takes a few minutes and the hospital could run it in half an hour. I hope they didn't thrown away his blood in his sneaked out discharge from the hospital. THE DEFENZOR SMELLS COVERUP. CALLER TIMES, TV STATIONS, RADIO, BLOGGERS, DEMAND THE RESULTS OF THE LAB BE MADE PUBLIC. THE GARCIA FAMILY (WE HEARD YOU HAVE AN ATTORNEY-DO NOT LET THEM SELL YOU OUT! MOST LAWYERS ARE AFRAID OF BANALES AND HIS CRONEYS!!!).

THE DEFENZOR WILL CONTINUE ITS INVESTIGATION AND BRING THE TRUTH OUT. IF THE FOOLS TRY TO SUPPRESS MY FIRST AMENDMENT RIGHT, LET THEM COME. I BACK UP MY POSTS WITH HARDHITTING INFORMATION WHICH IS KNOWN AND VERIFIABLE AND NOTHING IS MADE UP EXAGGERATED OR IN MY BELIEF NOT TRUE OR DONE TO HURT BANALES, BUT ONLY TO HOLD PUBLIC OFFICIALS AND THEIR CRONEYS ACCOUNTABLE..
HV
Posted by HOMERO VILLARREAL at 11:36 PM 0 comments
BANALES ABOVE THE LAW, SPOHN AND DPS DO NOT TAKE BLOOD TO CHECK FOR BLOOD AND ALCOHOL
El Defenzor has learned that blood alcohol and drug specimens were indeed NOT TAKEN FROM MAXIMUM MANUEL BANALES. Is this justice? Anyone else who hit and injured a man so severely would have immediately been tested? IS MAXIMUM MANUEL ABOVE THE LAW? Why has DPS taken over the investigation from CCPD? Why did a retired DPS officer come and take Banales' briefcase from DPS? Why did Sheriff Kaelin, former DPS, come out on TV so concerned about Maximum Banales. Why has the media failed to disclose that BAnales had hurt a mentally challenged man with his car on August 20, 1990 ? Why were the circumstances of that investigation so suspicious? Why was Mike Hummel his prosecutor called to the scene of that accident? NOW THE DEFENZOR IS GATHERING INFORMATIN THAT IN COLLEGE MAXIMUM MANUEL MAY HAVE TAKEN SOMEONE'S LIFE "ACCIDENTALLY". MORE TO COME.
Posted by HOMERO VILLARREAL at 9:01 PM 0 comments
BANALES HIT SOMEONE BEFORE. QUESTIONABLE INVESTIGATION. POSSIBLE COVERUP.
For the blogger who accused the Defenzor of having not a shred of proof on Banales:

1) Hit a man before on Leopard on August 20, 1990.
2) Initial Police Report blamed him, final report which was only one believed to be preserved shows that they blamed a retarded man for the accident.
3) Superior officer arrived on the scene and told investigating policeman to leave. Window up on Banales car. refused to get out of car. Mike Hummel, now councilman Hummel, was Banales prosecutor came to the rescue and got him out of there (IS THIS REGULAR PROCEDURE?) QUESTION ON ALCOHOL EXISTS. Attempting to get police report which should be a matter of public record.
4) One witness for Banales, a man named Barrientos, (used conveniently on police report) other man against Banales saying he blew the red light named Francisco Ramirez (at the time from Robstown) says Banales was doing a high rate of speed, blew the light and struck the pedestrian who was a mentally retarded man trying to lawfully cross the street. MISSING PRELIMINARY POLICE REPORT.
5) Darrel Barger, Banales controller was the lawyer for Banales.
6) The car that struck the man repaired within a few days and not preserved as evidence.
7) Vitim was Francisco Ramon Pena.
8) Final report, believed to be part of the coverup accused the pedestrian of walking outside the cross area
9) Confidential Settlement reached with family
10) State Farm insurance with the adjuster being Tom Rivera, a family member of Augustin Rivera, who worked for Darrel Bargers Firm (can we smell conflict?)
11) Attorney for the family a Mr. Butler.
12) Two investigators who worked the case. One was since found dead named Ms. DeYounger after having knowledge in the Fernandez /Miflin Kenedy case overseen by Banales. Believed to have been found dead in her bathtub from drowning.
13) Attorney contacted Defenzor and stated Mr. Barger said he did not have a chance against him in front of Judge Banales.
14) Barger in on huge class action law suit representing HR BLOCK and attorneys from "The Club" here in Corpus including Hilliard and Sico supposedly settled a great deal of cases. Near the time or shortly after settlment Mr. Barger does a massive renovation of his home. (FISHY?)

Ladies and gentleman, why wasn't his disclosed to the public by the mainstream media, that he had struck another man in the past? MORE TO COME. EL DEFENZOR
Posted by HOMERO VILLARREAL at 8:49 PM 0 comments
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