Serving Ellis County and beyond Warrant Attorney Ellis County

Civil Litigation Jury Trial

Court / Agency: Van Zandt County 294th Judicial District Court

Participated As: Defendant's Counsel
 

Role: Lead Counsel
 

Principal Issues: Ex-Wife (Plaintiff) of Dairy Owner-Ex-Husband (Defendant), who is partners with his mother and father in a ten-million-dollar entity, sued her Ex-Husband and his mother and father for partition (division) of five different rural properties making up dairy grazing pastures worth over two-million-dollars. Ex-wife desired to force the sale of the five properties arguing that the Final Divorce Decree in her past marriage did not include provision for the property. Defendant argued at trial that the land is owned by the Partnership (Dairy) and not individuals, therefore, the Final Divorce Decree that clearly stated Plaintiff "is to be paid $50,000 for all her interest in the Dairy did divest Plaintiff of her share of ownership in the over two-million-dollars of land. Unanimously the Jury of Twelve Van Zandt County Citizens agreed with Defendant and the Ex-Husband and his parents, along with the dairy partnership, retained ownership of the land in question.
 

Prep / Negotiation (hrs): 328 
 

Trial (days): 7 days
 

Result: Jury found that Ex-Wife did not have an ownership interest in the property.
 

Describe: Jury didn't see much credibility in the Plaintiff as cross-examination by lead counsel discovered that Plaintiff did not really believe that money was owed to her and that she was simply following the lead of her two over-zealous attorneys from Tyler, Texas.
 

Disposition: Plaintiff took nothing
 

Date Concluded: 10/2017

Civil Litigation Jury Trial

Court / Agency: Navarro County 13th Judicial District Court

Participated As: Plaintiff's Counsel
 

Role: Lead Counsel

Principal Issues: Salazar (Defendant) admitted to running a red light at a cross street in Corsicana, Texas resulting in the T-Bone of Shelton's (Plaintiff's) car. The car wreck occurred in 2010. It took six years to get the case to a jury trial. Plaintiff at the time of trial was eighty-one year's old. The insurance company for Salazar offered $2,500 prior to trial in an effort to settle. Plaintiff rejected the offer. At the jury trial, the jury awarded $104,000 in favor of Shelton payable by Salazar and her insurance company Farmers.

Prep / Negotiation (hrs): 236
 

Trial (days): 4 days
 

Result: Jury found that Shelton deserved $104,000 for her pain and suffering.
 

Describe: Jury found no medical damages only pain and suffering and mental anguish each for past and future damages in the amount of $104,000 plus interest.
 

Disposition: Plaintiff received $104,000
 

Date Concluded: 12/2016

 

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 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: 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 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