It appears there may be an issue with the Court Record for Case 19-CCR-01643. We received information from the Cameron County Clerks Office there are orders listed on the public court log, but there are no orders signed by the Judge, as indicated.
Specifically, there were claims of orders signed on 523/2019, 5/29/2019, and 9/28/2020; yet they do not seem to exist.
This seems to be a major concern with due process. If that is not confusing enough, the defendant was arrested on 1/09/2019 WITHOUT a warrant for a misdemeanor offense that was suspecting to occur on November 25, 2018.
In order to arrest someone for a “warrantless,” misdemeanor infraction, must witness the matter and be “in-view,” as the offense happens.
Then, on March 27, 2019, the Cameron County District Attorney’s Office, files an “information,” with missing requirements.
The way the information is written, it appears to lack jurisdiction (which was motioned in pre-trial motions, but the Court Staff didn’t schedule a hearing or acknowledge the motion).
As one can see, the District Attorney (DA) attempts to link the “warrantless,” arrest to the new complaint; however, the new Peace Officer (who didn’t list his agency), which is employed by a different agency than the Cameron County Sheriff’s Office (CCSO), provided different language from a complaint found in the CCSO’s file.
So, the DA uses a different agency’s complaint, but tries to use the prior agency’s case file. The one were the defendant was arrested without a warrant for a misdemeanor that was not in view. It is believed the “warrant,” was found later; HOWEVER, the warrants are REQUIRED to be IN HAND when confirming them.
So how did this happen? How can they use a separate complaint file from a different agency than the one filing the complaint? Why are there two complaints? Which one is the correct one?
The DA fails to answer, and so does the Cameron County Court at Law 5 Staff, even when their website states how to request information.
A Federal lawsuit has been filed related to this matter and more.
