Guerra requests case be dropped
Willacy DA says Garza failed to take required oath
RAYMONDVILLE — Willacy County District Attorney Juan Angel Guerra on Thursday requested that the region’s top state judge dismiss three felony indictments against him.
Guerra requested state District Judge Manuel Bañales, the 5th Judicial District’s administrative judge, dismiss the case because special prosecutor Gus Garza failed to take an oath required by law.
In the motion filed in 197th state District Court, Guerra argues that Garza’s failure to take an anti-bribery oath voids the three indictments.
In the motion, Guerra notes Bañales ruled June 1 that Garza’s failure to take an anti-bribery oath in a case against former Raymondville school board President Gloria Reyes Garcia and two co-defendants voided felony indictments against them.
Guerra’s attorney Gilberto Hinojosa, the former Cameron County judge, argues Bañales’ ruling suggests Garza was disqualified to serve as special prosecutor in the case against Guerra.
Hinojosa argues that the oath Garza was supposed to take to serve as special prosecutor in Garcia’s case was supposed to be the oath that would have allowed him to work as special prosecutor in Guerra’s case.
“This is a technicality,” Guerra said Thursday. “He jumped the gun.”
The Texas 13th Court of Appeals is preparing to rule on Guerra’s request to void state District Judge Migdalia Lopez’s appointment of Garza to serve as special prosecutor in the case.
Guerra argued Lopez failed to property appoint Garza as special prosecutor.
But Yolanda de Leon, the former Cameron County district attorney, argues case law gave Lopez the authority to appoint Garza to serve in the case.
