Cases start getting dismissed in Willacy County, as DA continues his ‘circus’

RAYMONDVILLE — State District Judge Migdalia Lopez on Tuesday scolded Willacy County District Attorney Juan Angel Guerra for his absence from office.

Guerra’s absence led to the dismissal of four criminal cases and two civil cases in state district court.

But Guerra said he couldn’t proceed with cases Tuesday because his office computers were seized as part of an investigation that led to his Feb. 11 arrest.

“Because you were absent, I want to make sure this situation will not repeat itself and I want assurance that you will be able to perform your duties … concerning the docket,” Lopez told Guerra. “Are you going to appear and perform your duty with respect to felony and misdemeanor cases? Are you going to be present on behalf of the state?”

Guerra, whose failure to appear for a Feb. 8 court session led to a backlog of more than 10 cases, told Lopez he would return to office to proceed with the cases.

“I will do everything I can under the circumstances … (since) I have charges against me,” Guerra said, referring to three felony theft charges.

Guerra told Lopez that he couldn’t proceed with cases Tuesday because special prosecutor Gus Garza had removed office computers that hold case information.

“I’m not ready,” Guerra told Lopez. “All the computers in my office are gone, so there’s no way I can represent the state. All the hard drives I need to prepare the cases are gone.”

Since his arrest, Guerra has claimed Garza “tainted” criminal case files during a search because he serves as a defense attorney who handles many of the cases.

“My understanding is Mr. Garza, when he went in your office, (he) did not touch your files,” Lopez told Guerra in court.

Guerra’s failure to prepare for court led to the dismissal of four criminal cases that stemmed from two co-defendants’ cocaine possession charges and two civil cases.

“It’s a triple-edged sword,” said John Blaylock, a defense attorney who told Lopez he wanted to go ahead with the cases.

“I feel good for my clients who got their cases dismissed (but) you have to think about society’s interest, and that’s certainly not being met,” said Blaylock, a former assistant district attorney who ran against Guerra in an election. “But if my clients’ cases were to be re-filed, they would have to post new bonds and begin the court process all over again and that simply wouldn’t be fair.”

After court, Guerra said he would re-file the cases in question.

In several cases, Guerra’s failure to prepare for court led Lopez to reset them to March 26.

Second thoughts led Guerra to show up for court Tuesday, he said.

Late Monday afternoon, Guerra said it was unlikely he would show for court. Instead, he planned to request that Lopez postpone Tuesday’s cases, he said.

After court Tuesday, Guerra said he decided to confront Lopez.

“I decided to confront the deal. I’m not running away,” Guerra said. “If she was going to do something, she’d do it in my face.”

District Clerk Gilbert Lozano claimed Guerra faced arrest for contempt of court if he failed to appear in court.

“That’s the normal procedure,” Lozano said.

Since his arrest, Guerra has camped in front of the Willacy County Jail, daring authorities to arrest him on a trespassing charge.

Since last weekend, he’s added livestock to the campsite.

Sunday, he took a goat and two kids. Monday, he took a rooster.

“In the morning, he wakes you up real good,” Guerra said in front of the motor home after court. “I thought I was back on my ranch.”

Tuesday, he planned to haul a donkey there.

“I’ve got enough animals on my ranch to create a real circus here,” he said. “I’m going to keep on bringing an animal every day.”