Case Results

State Felony Court

Case Agency: Mclennan County 54th District Court

Participated As: Defense Counsel

Role: Lead Counsel

Principal Issues: Client facing life in prison without parole for a super aggravated first degree felony charge of Organized Crime-Murder.  This case filed by Mclennan County District Attorney Abel Reyna results from the famous "Biker Shootout at Twin Peaks" in Waco, Texas.  My client was arrested, held on $1 million bond, his $33,000 Harley Davidson Motorcycle seized by law enforcement along with his Bandito Jacket and Patches.  My client is a member of the Bandito Motorcycle Club.  He was arrested for being present only.  The video of the event taking place clearly shows J.S. walking away from the activity, avoiding the fight altogether, and never had a weapon on his person, or on his bike.  First priority was to make bond.  Next, to get case dismissed. And finally, get his motorcycle and patches out of "jail" and returned to their owner.  The evidence consisted of tens of thousands of documents, pictures, videos, and personal information about ALL the 155 individuals arrested the day of the event.

Prep / Negotiation (hrs): 748 hrs

Trial (days): 0 / No trial necessary

Result: After several requests in writing to District Attorney Abel Reyna and personal face to face conversations the charges against J.S. are now dismissed.

Describe: Client J.S. arrived at Twin Peaks on his Harley Davidson Motorcycle approximately two minutes prior to the shootout began between the Bandito and Cossack Motorcycle Clubs.  J.S. got off his motorcycle.  Called his wife.  And started walking toward the front of the Twin Peaks Restaurant.  The purpose of my clients attendance was a COC (Confederation of Clubs) Meeting which is like a political activitist or lobbying group for motorcycle enthusiast.  By the way, my clients entire arrival, walk, and retreat from the episode is captured on video.  J.S. met a friend and shook his hand.  He was standing in the parking lot talking to his friend when the fight began with gunshots.  At the time the shootout began on another camera you can clearly see a black suburban with two heavily armed individuals pull up in the parking lot next to Twin Peaks at Don Carlos Restaurant.  In the video of the black suburban you see the two men exit with high caliber automatic weapons with body armor take firing positions using the vehicle for cover.  The two law enforcement officers open fire at exactly the same time the first gun shot is heard.  These two officers killed 8 out of the 9 individuals killed that day.  Yes, law enforcement killed 8 individuals, but these officers were cleared by an internal affairs investigation conducted by their very own Waco Police Department.  J.S. hears the shots and quickly walks away from the shooting and fighting to the west side of the building.  He was arrested for simply being there.  My client a 55 year (young) male from Navarro County who is married for 37 years to his wife who works for the Federal Government.  J.S. is a Superintendent over Construction of Water Purifying Plants throughout the United States.  After years of meetings with prosecutors, emails, and letters requesting dismissal in the interest of justice the word finally came on May 8, 2018 that J.S. case is now DISMISSED.  Next, I have to get his motorcycle returned and his personal club patches.  I also have a Federal Lawsuit filed in the Western District of Texas naming the City of Waco, Mclennan County, and the police officer who made the bogus warrant for arrest.

Disposition: Dismissed

Date Concluded: May 8, 2018

State Misdemeanor Jury Trial

Case Title: State of Texas v. C.L.

Court / Agency: Navarro County Court

Participated As: Defense Counsel

Role: Lead Counsel

Principal Issues: DWI with .15 over BAC (class A misdemeanor).  Defendant had a Breath Test on the Intoxylizer 5000 in November of 2014 and the results are .178 and .170 Blood Alcohol Concentration.  The legal limit in Texas to operate a Motor Vehicle is .08.  Because the test results are above .15 the charge is raised from a DWI Class B Misdemeanor to a DWI Class A Misdemeanor.  DPS Trooper stopped Defendant for the allegation of speeding.  DPS Trooper as a certified operator of the Intoxylizer 5000 SHALL observe the Defendant for 15 minutes directly preceding the Defendant blowing into the machine.

Prep / Negotiation (hrs): 138 hrs

Trial (days): 4 days

Result: Not Guilty

Describe: This case was tried to a jury twice.  The first trial ended in a Hung Jury 5-1 against us.  The State decided to try the case again.  As Defense Counsel, I exploited the fact that the DPS Trooper did not clearly observe the 15 minute waiting period prior to Defendant blowing in the Intoxylizer Machine.  The States Expert testified that if the DPS Trooper did not complete the 15 minute waiting period the breath test result shall be invalidated.  A jury instruction was put in the charge stating that if the jury was not convinced beyond a reasonable doubt that the 15 minute observation period was completed then the jury shall disregard the breath test results.  Another issue in the trial was the location of the Defendant's car at the time the DPS Trooper allegedly hit it with radar.  There is a 45 mph zone and it turns to 55 mph zone at the same location the officer testified he clocked Defendant going 51 mph.  A fact issue as to whether the Defendant's car was located in the 45 mph or 55 mph zone existed.  Section 38.23 of the Code of Criminal Procedure states "all evidence compiled in violation of the Constitution of the United States or Texas Constitution shall not be held against the Defendant."  A jury instruction asking the jury to determine if the stop of the Defendant's car is legal asked the jury to determine the legality of said stop.  If the jury could not unanimously agree that the stop of Defendant's car is legal the jury is hung.  If the jury determines the stop of the vehicle is illegal then the jury is thereby ordered under the law to find the Defendant NOT GUILTY.  And after one hour of deliberations, the jury returned the NOT GUILTY verdict.

Disposition: Expunction Granted

Date Concluded: 04/27/18

State Felony Jury Trial

Court / Agency: Navarro County Court at Law

Participated As: Defense Counsel

Role: Lead Counsel

Principal Issues: Indecency with a child by contact 2nd-degree felony. Defendant accused of indecency with a child by contact. In order to be guilty the Defendant must have touched the 15-year-old girl's vagina, anus, or breasts to arouse the sexual desire of Defendant. The allegation was that Defendant grabbed the 15 year old between the legs on her vagina and squeezed it while she was fully clothed through her jeans. Defendant was a convicted felon and due to his extensive felony history if found guilty of the charge was enhanceable to a term of a minimum 25 years to maximum life in prison. The charge without enhancements if found guilty carried a range of punishment of 2-20 years in prison.

Prep / Negotiation (hrs): 284

Trial (days): 4 days

Result: Not Guilty

Describe: The plea offer from the State of Texas prior to jury trial was 35 years in prison. The jury found the 15 year old girls testimony to be inconsistent and therefore unbelievable. Further, the detective from Corsicana Police Department was caught lying to the jury. Only after I asked the Judge for a break for the detective to view the interview with a witness did the detective come back to court and admit he had in fact lied to the witness about a statement the Defendant did not make. The jury deliberated for 11 hours. For 10 ½ hours one juror held out as the vote was 11 not guilty to 1 guilty. After the jury requested the definition of beyond a reasonable doubt from the Judge and the answer sent back, "there is no legal definition of beyond a reasonable doubt", the jury knocked on the door and handed the verdict of not guilty to the bailiff at 1:30 a.m. on a Thursday morning.

Disposition: Not Guilty

Date Concluded: 03/08/2018

State Misdemeanor Jury Trial

DWI, class B misdemeanor, in Navarro County on BU 45 in Corsicana. Defendant speeding 49 in a 35 mph speed zone. Corsicana Police Department Officer pulled Defendant over. Defendant got out of the vehicle as the Officer came to the vehicle. The Blood Alcohol Content Lab Test was .129. The legal limit in Texas for intoxication is .08.

Court / Agency: Navarro County Court

Participated As: Defense Counsel

Role: Lead Counsel

Principal Issues: DWI, class B misdemeanor, in Navarro County on BU 45 in Corsicana. Defendant speeding 49 in a 35 mph speed zone. Corsicana Police Department Officer pulled Defendant over. Defendant got out of vehicle as the Officer came to the vehicle. The Blood Alcohol Content Lab Test was .129. The legal limit in Texas for intoxication is .08.

Prep / Negotiation (hrs): 147

Trial (days): 3 days

Result: Not Guilty

Describe: The plea offer from the State of Texas prior to trial was 2 years' probation, $1,000 fine, $400 court costs, 80 hours community service, DWI Class, $50 a month to probation department and monthly check-ins to probation. As Defendant exited his pickup he stumbled away from pickup but caught himself with his hands on side of pickup. Defendant told Officer he suffers from dyslexia and therefore could not recite his ABCs. Defendant did not perform the walk in turn or the one leg stand test because of a knee injury and the fact that his left knee was visibly shaking to the Officer. DPS came in and did the SFST's (Standardized Field Sobriety Test). Defendant failed the HGN eye test with 6 out of 6 clues according to the DPS Officer. Defendant passed the finger-thumb touch test. The Blood Draw was taken at 1:45 a.m. The CPD Officer pulled Defendant over on the road at 11:55 p.m. The time between the stop of the vehicle on the public roadway and the blood draw when the alcohol level was measured made a huge difference to the jurors. The State of Texas put on no retrograde extrapolation (Expert does math to find the BAC at time of driving).

Disposition: Not Guilty

Date Concluded: 03/01/2018

State Felony Motion to Suppress

Court / Agency: Navarro County Court at Law

Participated As: Defense Counsel

Role: Lead Counsel

Principal Issues: 3rd degree felony. Defendant was pulled over on State Highway 31 in Corsicana, Texas by Wal-Mart in the early evening by a Corsicana Police Department Officer for allegedly not having a license plate light and/or the license plate not being visible for a minimum of 50 feet. As the Officer walked up to the pickup he stated on his Coban audio recording "the light is not out." The Officer continued the stop and asked A.L. to step out of the pickup. A.L. had a no valid driver's license as his was suspended. A.L. was on probation for a drug charge at the time of the stop. The Officer took A.L. to jail and in the jail a controlled substance was found on A.L. according to the allegation. The main issue was if the stop was valid and if the stop was NOT valid should all the evidence and the arrest be suppressed as fruit of the poisonous tree for violation of the 4^th Amendment to the US Constitution.

Prep / Negotiation (hrs): 64

Trial (days): 1 day

Result: Not Guilty

Describe: Issue at Motion to Suppress was whether the Officer could see the license plate light 50 feet from the vehicle. On the video shown at the hearing and entered into evidence the Officer admitted he could see the license plate clearly at a distance of 50 feet.

Disposition: Motion to Suppress Evidence and Arrest Granted.

Date Concluded: 02/2018

State Felony Jury Trial

Court / Agency: 13th Judicial District
 

Participated As: Defense Counsel
 

Role: Lead Counsel
 

Principal Issues: Defendant stopped on local highway late one evening by a local city police department officer in BG. Defendant arrested for DWI 3rd or more and incarcerated in Navarro County Jail. Defendant voluntary gave a breath sample to law enforcement. Intoxylizer 9000 was utilized as it is the newest technology on the market for breath samples. Defendant blew a .129 and .124 BAC. Defendant had a good video and did very well on the field sobriety test given by BG officer. 
 

Prep / Negotiation (hrs): 159
 

Trial (days): 5 days
 

Result: Not Guilty
 

Describe: Jury determined that Defendant appeared to have the normal use of his mental and physical faculties on the video provided by the BG Officer. Defendant spoke well on the video and carried on a conversation with both the BG Officer and a DPS Officer brought into operate the Intoxylizer 9000. BG Officer admitted to making mistakes on the Horizontal Gaze Nystagmus (eye test) and thereby agreed the entire field sobriety test battery given was flawed. Not Guilty.
 

Disposition: Expunction Granted.
 

Date Concluded: 11/2017

State Felony Jury Trial

Court/Agency: 13th Judicial District
 

Participated As: Defense Counsel
 

Role: Lead Counsel
 

Charge/Offense: Possession of Controlled Substance PG 1 less than 1 Gram
 

Principal Issues: Defendant pulled over as passenger of car with another female (driver) and male (passenger in back seat). Officer allegedly found a short straw in defendant’s purse with suspected residue of cocaine (trace amount). Not even anything to weigh. Defendant never been in trouble and attending a University at time of arrest. DA attempted to give defendant a misdemeanor etc. but defendant wanted a trial to clear her name. Not Guilty.
 

Prep/Negotiation (hrs): 109
 

Trial (days): 5 days
 

Result: Not Guilty
 

Describe: Jury didn’t like the fact there was no substance seen with the eye on the straw as they passed it around during trial when I handed it to them. Also there were three straws found in the car, only one in defendant’s possession; however only two were tested. How did the jury know the untested straw was not defendants? Not Guilty.
 

Disposition: Expunction Granted
 

Date Concluded: 06/2017

State Felony Jury Trial

Court/Agency: 13th Judicial District
 

Participated As: Defense Counsel
 

Role: Lead Counsel
 

Charge/Offense: Continuous Sexual Assault of Child (Carries Range of Punishment 25-life in Penitentiary)
 

Principle Issues: Defendant, 67 year old Hispanic male who stayed home with his wife's mother for years while wife worked as a teacher, charged with Continuous Sexual Abuse of a Child. Six years had passed and his niece who was now 14 accused client of sexual fondling and sex when she was 8 years old and staying after school with defendant at her grandmother’s house. Defendant actually provided child care for alleged victim and sisters. Charged with continuous sexual abuse which carries 25 to life with no parole. Not guilty in 45 minutes by jury. Utilized expert from Austin.
 

Prep/Negotiation (hrs): 222
 

Trial (days): 5 Days
 

Result: Not Guilty
 

Disposition: Not Guilty
 

Date Concluded: 04/2016

State Felony Jury Trial

Court/Agency: 13th Judicial District
 

Participated As: Defense Counsel
 

Role: Lead Counsel
 

Charge/Offense: Deadly Conduct / 3rd Degree Felony Facing 2-10 years in penitentiary
 

Principle Issues: Defendant accused of shooting at neighbor 100 feet away across the fence while neighbor was mowing pasture close to defendant’s property. Defendant called his girlfriend while in standoff with neighbor and told her to bring the 30.06 deer rifle. Girlfriend brought deer rifle and defendant shot gun. Defendant stated shot in ground but we never could find bullet. Alleged victim stated defendant shot gun in his direction. Not Gu1lty.
 

Prep/Negotiation (hrs): 136
 

Trial (days): 4 Days
 

Result: Not Guilty
 

Disposition: Expunction Granted
 

Date Concluded: 10/2014