Maverick County Senior Citizen sues State Trooper for Reckless Conduct
By: Jose G. Landa, Eagle Pass Business Journal, Inc., Copyright 2016
A 65 year old Maverick County senior citizen, Osvaldo Garza, recently filed a lawsuit against a Texas Department of Public Safety Patrol Officer, Enrique Trevino, in the 293rd Maverick County District Court on March 26, 2016 in Eagle Pass, Texas for alleged reckless acts committed against him by an unidentified State Trooper officer (Trevino) on March 28, 2014 at his ranchito in Quemado, Texas.
According to Plaintiff’s Original Complaint, Plaintiff petition alleges that on March 28, 2014 while working on a fence in a real property that the had purchased in Quemado , Texas, Plaintiff requested the assistance from the Texas Department of Transportation (TXDOT) to remove state-owned gravel encroaching on his property and fence building efforts. TXDOT’s gravel prevented him from completing building his property fence.
Plaintiff’s complaint further alleges that TXDOT removed the gravel from his real property and the fence was completed by him. Plaintiff continued to work on his ranchito during the day in question.
Plaintiff alleges that during a certain time period of day on March 28, 2016, he noticed two unmarked vehicles within the vicinity of his property and then one of the vehicle drove onto his property and an individual exited the unmarked vehicle. The individual driving that unmarked vehicle approached Plaintiff.
Plaintiff’s complaint further alleges that Defendant Enrique Trevino pushed him and began cursing at him, demanding that the Plaintiff bring out the illegal aliens he was about to move in his vehicle.
Plaintiff’s complaint further alleges that the confrontation between Plaintiff and Officer Enrique Trevino lasted for almost an hour and that Defendant Enrique Trevino never identified himself to Plaintiff as being an official Texas Department of Public Safety Officer, asking him that Plaintiff produce an identification.
Plaintiff’s complaint alleges that when Plaintiff told Defendant Enrique Trevino that he had no undocumented aliens for transport and demanded that Defendant Trevino identify himself, Defendant Enrique Trevino began cursing at Plaintiff and accused him of thinking that the Defendant (Trevino) was stupid and of lying to him (Trevino).
Plaintiff’s complaint further alleges that Defendant Enrique Trevino proceeded to strike Plaintiff on his wrist and hand and again demanded that Plaintiff produce the undocumented aliens that Defendant Trevino believed Plaintiff was trafficking.
Plaintiff claims that he once again demanded Defendant Enrique Trevino to please identify himself.
Plaintiff alleges that he advised Defendant Enrique Trevino that he (Trevino) was in Plaintiff’s real property and trespassing it and to please remove himself from his real property.
Plaintiff’s complaint alleges Defendant Enrique Trevino then left momentarily to call upon two other individuals that were in another unmarked vehicle.
Plaintiff alleges he proceeded to walk toward his personal vehicle to call for help but was stopped by Defendant Enrique Trevino and two other unidentified individuals who placed their hands on their weapons.
Plaintiff complaint further alleges that the other two unidentified individuals were also in plain clothes and that Defendant Enrique Trevino at this point became more sarcastic and aggressive toward Plaintiff.
Plaintiff alleges that Defendant Enrique Trevino then pushed and shoved him and struck him in the face in a slapping manner to remove a pair of sunglasses that Plaintiff was wearing.
Plaintiff claims that during the almost one hour confrontation he never stopped telling Defendant Enrique Trevino and the two other men to leave his property and that Plaintiff was an elderly man and had a physical ailment of a delicate nature as he had heart surgery.
Plaintiff alleges that during the time of the confrontation and mistreatment by Defendant Enrique Trevino, Plaintiff experienced heavy breathing and pain from a cumulative of issues including the heat of the day, compiled by the verbal and physical confrontation with Defendant Trevino as well as being poked in the eye by Defendant Trevino and shoved against his personal vehicle.
Plaintiff alleges that he began feeling faint and helpless during the ordeal.
Plaintiff alleges that he attempted to call for help and/or either leave the premise to seek help and get away from the confrontation, but was stopped by Defendant Enrique Trevino and the other two men who reached towards their weapon holsters.
Plaintiff alleges that Defendant Enrique Trevino proceeded to check Plaintiff’s cellular phone and wallet. Defendant Trevino found that Plaintiff has a permit to carry a weapon and began to demand that Plaintiff produce and hand over his weapon.
Plaintiff then told Defendant Trevino that he did not have the weapon with him that day and Defendant Trevino then proceeded to search Plaintiff’s personal vehicle and no weapon was found in his vehicle.
Plaintiff’s complaint further states that after the allegations against Plaintiff made by Defendant Trevino were not proven, Plaintiff continued to request and advise Defendant Trevino and the other two men that they were trespassing his property. Defendant Enrique Trevino finally stopped the physical confrontation with Plaintiff.
Plaintiff’s complaint further states that Defendant Enrique Trevino proceeded to leave and Plaintiff tried to obtain his name from the other two men but they mocked and ridiculed Plaintiff over Defendant Trevino’s identity.
Plaintiff’s complaint also states that an investigation into the controversial matter was opened by the U.S. Federal Bureau of Investigation (FBI).
Plaintiff is seeking nominal damages for medical attention not to exceed $500 and unliquidated actual damages within the jurisdictional limits of the court for past, present, and future physical pain and suffering and mental anguish.
Plaintiff also seeks unliquidated exemplary damages within the jurisdictional limits of the court on grounds that the individual reckless acts in question were not done by the actor’s exercise of discretion in good faith while acting within the scope of the actor’s official authority, but rather were acts amounting to aggravated conduct resulting from gross negligence in the performance of the actor’s official authority.
Plaintiff Osvaldo Garza is demanding a jury trial on the matter.
