Complaints grow against Garza

Another plaintiff has joined the lawsuit against Pct. 6 Justice of the Peace Gustavo "Gus" Garza, who sanctioned spankings in his courtroom.

Los Fresnos resident Eleticia Gonzalez filed suit against Garza on Friday, saying her 17-year-old daughter spent three days in the Carrizalez-Rucker Detention Center with "crack addicts" after Garza declared her in contempt of court for missing school again, months after a spanking.

Attorney Mark E. Sossi filed an amended pleading in 404th state District Judge Abel C. Limas' court to include Gonzalez's allegation in the lawsuit against Garza.

Cameron County Chief Counsel Richard O. Burst represents Garza, but was not immediately available for comment Friday. Co-counsel Bruce Hodge deferred to Burst.

"My daughter was polite and on time to court," Gonzalez's affidavit reads. "She was not disruptive and did not do anything to disturb the court proceedings or show disrespect to the Judge. The only reason that the Judge gave for ordering her to jail was that she had missed school."

Responding to an injunction request, Limas recently directed Garza to stop spankings as an alternative to fines for disciplining children in his courtroom. Spankings have been conducted in lieu of $500 fines.

Mary Vasquez and her husband Daniel Zurita of Los Fresnos first filed suit against Garza. The Leo Garcia and Rosa Valdez families, also of Los Fresnos, later intervened, alleging that Garza also compelled them to spank their children when they could not afford $500 fines and under threat of criminal conviction against the children.

Gonzalez's petition notes that her daughter pleaded no contest last year to missing school and that Gonzalez also felt compelled to spank her daughter because she could not afford the fine.

The girl was back before Garza on a truancy charge in March of this year. She allegedly told the court that she did not have perfect attendance, but believed that her absences had been excused.

"The judge told her that since she was 17 she had to go to county jail because she did not attend school and comply with his order. The judge did not tell us that she had a right to an attorney or that the state had to prove that she was in contempt of court," Gonzalez's affidavit states.

"The judge only said that she was in contempt because she had not attended school. He added that he was serious and that he was going to show her how serious he was," Gonzalez added.

The parties in the lawsuit and Garza will meet in court at 1:30 p.m. Thursday to determine if Garza is protected by judicial immunity.

Sossi argues that Garza is not entitled to immunity. Burst has contended that Garza never ordered the spankings, but that the parents chose that option rather than others that were offered.

Sossi also alleges in the amended pleadings that the truancy complaints against the teens are not valid because they are not signed as required by law.