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  • London

    The advocate's Devil.
    Rating - 100%
    6   0   0
    Sep 28, 2010
    6,297
    96
    Twilight Zone
    As some of you probably remember, a while back I got into a little trouble with the law for punching a douche-bag who thought it would be fun to rub his crotch on my girlfriend, as well as his friend who didn't like me beating on perverts.

    In my endless quest to make the prosecution and police on scene look as stupid as possible (I go to court on the 15th), I pulled up the criminal history of the two assholes. I was trying to find information on them being known gang members; unfortunately this is privileged information which isn't shown on a background check and the police refuse to share. Anyway, check this garbage out:

    Rene Esparza (the pervert):

    3-27-2010
    Poss marijuana < 2 oz
    Prob-term + fine

    Okay, so the guy had a little grass; no big deal. According to the report he got his probation extended, probably for pissing dirty (but who knows). Obviously a real rocket surgeon. Less than two months after completing his probation we have this:

    6/3/2010
    Theft prop >= $1500 <$20k
    $1000 fine
    3 yrs probation

    That's right. They guy stole something. Something really BIG. He was on probation for three years, lapsing the time he committed the offense against my GF, is a known gang member (as mentioned by a cop on scene) and still wasn't arrested.

    Here's his buddy:

    Derrick Fidel Varela

    5/19/2011
    Driving while intoxicated (eventually plead down to obstructing public highway if I am reading this vague report correctly)
    Fine $500
    Probation 1 yr

    WTF?! I hear of people spending $20K to fight a DUI and still getting fucked over hard, and this known thug gets a slap on the wrist! Seriously- I got more punishment for telling a cop I wanted his name and badge number!

    This pisses me off for several reasons:

    1.) Rene Esparza shouldn't have even been on the streets that night. He should have been in county jail serving time for his theft.
    2.) The fact he wasn't arrested while on probation and being a known gang member is just extremely poor police work.
    3.) Both of them are getting slaps on the wrist for everything they do, despite being on the radar for gang activity.

    On the plus side, they are going to look like scumbags when I examine them in court, and the two cops are going to look like Detective Dipshits. I'm thinking it won't be too tricky to get a jury to see things my way. But this never should have happened in the first place.

    Next time I punch someone I'm not going to use the minimal amount of force to stop the attack, which always puts me a step behind. Next time I'm going to go all out and try to hospitalize the asshole. If I'm going to get punished for it and they are going to get away with their crime anyway, why not?

    *RANT OVER*
    Venture Surplus ad
     

    codygjohnson

    Eats breakfast everyday
    Lifetime Member
    Rating - 100%
    1   0   0
    Nov 11, 2009
    1,676
    31
    Flower Mound
    Just an FYI and please dint take this wrong, but you should really be waiting until after the trial to make posts like this. This kind of thing gets used against defendants in court quite often to damage your character.
     

    London

    The advocate's Devil.
    Rating - 100%
    6   0   0
    Sep 28, 2010
    6,297
    96
    Twilight Zone
    I post under a pseudonym (thought there is enough info here for a determined investigator to find out who I am); if they think my outrage at their handling of the situation can damage my character they'll have a tough time convincing a jury of it.

    I appreciate the concern, though. Thanks.
     

    Texan2

    TGT Addict
    Rating - 100%
    2   0   0
    Nov 8, 2008
    7,932
    21
    South of San Antonio
    As some of you probably remember, a while back I got into a little trouble with the law for punching a douche-bag who thought it would be fun to rub his crotch on my girlfriend, as well as his friend who didn't like me beating on perverts.

    In my endless quest to make the prosecution and police on scene look as stupid as possible (I go to court on the 15th), I pulled up the criminal history of the two assholes. I was trying to find information on them being known gang members; unfortunately this is privileged information which isn't shown on a background check and the police refuse to share. Anyway, check this garbage out:

    Rene Esparza (the pervert):

    3-27-2010
    Poss marijuana < 2 oz
    Prob-term + fine

    Okay, so the guy had a little grass; no big deal. According to the report he got his probation extended, probably for pissing dirty (but who knows). Obviously a real rocket surgeon. Less than two months after completing his probation we have this:

    6/3/2010
    Theft prop >= $1500 <$20k
    $1000 fine
    3 yrs probation

    That's right. They guy stole something. Something really BIG. He was on probation for three years, lapsing the time he committed the offense against my GF, is a known gang member (as mentioned by a cop on scene) and still wasn't arrested.

    Here's his buddy:

    Derrick Fidel Varela

    5/19/2011
    Driving while intoxicated (eventually plead down to obstructing public highway if I am reading this vague report correctly)
    Fine $500
    Probation 1 yr

    WTF?! I hear of people spending $20K to fight a DUI and still getting fucked over hard, and this known thug gets a slap on the wrist! Seriously- I got more punishment for telling a cop I wanted his name and badge number!

    This pisses me off for several reasons:

    1.) Rene Esparza shouldn't have even been on the streets that night. He should have been in county jail serving time for his theft.
    2.) The fact he wasn't arrested while on probation and being a known gang member is just extremely poor police work.
    3.) Both of them are getting slaps on the wrist for everything they do, despite being on the radar for gang activity.

    On the plus side, they are going to look like scumbags when I examine them in court, and the two cops are going to look like Detective Dipshits. I'm thinking it won't be too tricky to get a jury to see things my way. But this never should have happened in the first place.

    Next time I punch someone I'm not going to use the minimal amount of force to stop the attack, which always puts me a step behind. Next time I'm going to go all out and try to hospitalize the asshole. If I'm going to get punished for it and they are going to get away with their crime anyway, why not?

    *RANT OVER*

    The prosecutor will object when you bring up their criminal history and it wont get in. They arent on trial, you are.
     

    Texan2

    TGT Addict
    Rating - 100%
    2   0   0
    Nov 8, 2008
    7,932
    21
    South of San Antonio
    On the plus side, they are going to look like scumbags when I examine them in court, and the two cops are going to look like Detective Dipshits. I'm thinking it won't be too tricky to get a jury to see things my way. But this never should have happened in the first place.
    No offense but how much court room experience do you have? Cops have plenty and so do prosecutors. They will shut down all of the denfenses you are contemplating with the quickness.

    I am really hoping you are not representing yourself...please tell me you are not. Have you heard the saying, "A man who represents himself has a fool for a client"?
     

    Texan2

    TGT Addict
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    2   0   0
    Nov 8, 2008
    7,932
    21
    South of San Antonio
    London, dont get me wrong those guys sound like ass hats and probably deserved a good smack in the head, but the courtroom will get you twisted up quick, as its not a place where the layman can wing it.
     

    ChunkyMonkey

    TGT Addict
    Rating - 0%
    0   0   0
    Apr 17, 2011
    3,161
    21
    San Antonio, Tx
    Absolutely. Unless you are absolutely familiar with court room action and procedure, YOU WILL sink. I've seen it before. All intentions are good, but the formality if the process prevented evidence and other facts from being presented/kept. Also, I wouldn't openly advertise future intentions, even if you post under a different name. IP's and a quick Google search will show a lot. Especially when you list their names and even show some details to the incident.

    By all means, I hope you win, but also don't sell the officers short. Just because someone is on papers, or has a history, doesn't always mean people go to jail. I would discredit the officers just because that. Good luck with the case! Let us know how it goes!
     

    just jk

    TGT Addict
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    0   0   0
    Feb 27, 2011
    2,626
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    dee eff dub
    Next time I punch someone I'm not going to use the minimal amount of force to stop the attack, which always puts me a step behind. Next time I'm going to go all out and try to hospitalize the asshole. If I'm going to get punished for it and they are going to get away with their crime anyway, why not?

    *RANT OVER*

    you do realize this contradicts your argument against the two bad guys - because the next time you punch somebody, you'll have a history all your own

    personally - the very worst thing you can do is 1) defend yourself; 2) justify your own actions because of another's history - which you really had no clue existed until after the fact


    the bottom line is that you committed an assault - justified or not - making the police look like "dipshits" rarely works in a case involving a group of knuckleheads - the jury wont buy it for a second
     

    London

    The advocate's Devil.
    Rating - 100%
    6   0   0
    Sep 28, 2010
    6,297
    96
    Twilight Zone
    No offense but how much court room experience do you have? Cops have plenty and so do prosecutors. They will shut down all of the denfenses you are contemplating with the quickness.

    I am really hoping you are not representing yourself...please tell me you are not. Have you heard the saying, "A man who represents himself has a fool for a client"?

    I have plenty more defenses and we shall see what happens. And yes, I am crazy enough to represent myself. Every time I've ever used a lawyer I've ended up doing half their jobs for them by gathering info, researching the law, etc. anyway.

    I know people who have represented themselves successfully with no experience; if the cause is just and well stated then justice should win out.

    Worst thing that happens is I lose and get charged with a class C misdemeanor.

    Anyway, my bet is the thugs won't even show up for trial and I can at least try to have the case dismissed as it is vital I examine them in front of the jury. If that doesn't work I can motion to have it dismissed on the grounds that my actions were justified by Texas Penal codes 9.31 and 42.01.

    And if that doesn't work, we'll rock and roll in the court. I did nothing wrong that night and I'll be damned if I'm going to go down without fighting, or paying some shitty lawyer a ton of money to fight a very minor crime. I appreciate your concern very much, but sometimes a man has to go his own way.
     

    Dcav

    TGT Addict
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    0   0   0
    Oct 31, 2009
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    Converse
    Just FYI, I was as a part time PI, I was able to find you on google, facebook, and your girlfriend on facebook all in less then 2 minutes. So would any defense team and there investigators.
     

    San Antone RR

    Well-Known
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    0   0   0
    Mar 12, 2010
    2,484
    21
    San Antonio
    London, no offense, but I think you're going to go down in flames. You really need an attorney. They don't go to school for 7 years and have lots of continuing education for nothing, Bro.
     

    ChunkyMonkey

    TGT Addict
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    0   0   0
    Apr 17, 2011
    3,161
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    San Antonio, Tx
    You're obviously upset these guys touched your girlfriend....But, this isn't going to be pretty in court, especially if your goal is to make the cops look like "Detective Dipshits." What did you want them to arrest the guys for? Lawyer up. Regarding you doing so much research on behalff of the lawyer, I'd be doing the same just to make sure they have everything possible. Believe it or not, a lot of these lawyers don't intentionally ignore something to help you win. BUT, you are not their only client.
     

    ChunkyMonkey

    TGT Addict
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    Apr 17, 2011
    3,161
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    San Antonio, Tx
    Somtimes people have to learn things the hard way. Municipal and/or JP Court are typically less formal and maybe he will luck out.


    True, I know my city isn't as lenient. Also, another thing to keep in mind.

    You're going to court with a couple "previous history" guys. I'm sure, as you can tell by their lack of penalties for prior offenses, they may have a regular attorney they use. I'm sure he knows the loop holes and will have his research on you too. Just be weary.
     

    txinvestigator

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    May 28, 2008
    14,204
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    Ft Worth, TX
    9.31 does not provide a justification in your case. Chapter 42 has nothing to do with justifications.

    But use them anyway. It won't be the two assholes who look like a fool. And quite frankly, your bitching about the cops makes you look foolish to the extreme.

    DCav also saved me time. Nice work
     

    majormadmax

    Úlfhéðnar
    Rating - 100%
    9   0   0
    Aug 27, 2009
    16,007
    96
    Helotes!
    Can I ask an honest question? How is the backgrounds of these two individuals going to factor in on your actions? You weren't aware of their histories when the altercation took place, so bringing up the fact that they are scumbags really isn't relevant to what happened.

    You had no justification for the assault you committed, but your girlfriend did at one point (§22.01. ASSAULT. (a) A person commits an offense if the person: (3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative). The smart move would have been to call the cops then; and no, it would not have been sexual assault as defined under §22.011.

    Honestly, I would lawyer up and hope for a plea bargain...

    But if you decide to defend yourself, I wish you all the best!

    Cheers! M2
     
    Rating - 100%
    9   0   0
    Aug 17, 2010
    7,576
    96
    Austin
    9.31 does not provide a justification in your case. Chapter 42 has nothing to do with justifications.

    But use them anyway. It won't be the two assholes who look like a fool. And quite frankly, your bitching about the cops makes you look foolish to the extreme.

    DCav also saved me time. Nice work

    9.33 could. I don't know the details of the "crotch rubbing", of course.
     
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