Official: Guerra had no authority to investigate inmate death

RAYMONDVILLE - A state official Thursday said District Attorney Juan Angel Guerra had no authority to investigate a prison inmate's death in Reeves County.

Robert Kepple, executive director of the Texas District and County Attorneys Association in Austin, said Guerra had no jurisdiction to investigate the death of an illegal immigrant Dec. 19 at the Reeves County Detention Center.

"He needs to leave other people's jurisdictions," said Kepple, who directs the agency that assists state prosecutors. "It's bad enough in his own jurisdiction. He's an embarrassment to our profession at this point.

"He's got no business in Pecos. There's a district attorney there," Kepple said. "He clearly has no jurisdiction."

At the Willacy County Courthouse, officials said Guerra's investigation of the prison 600 miles away proves he's not doing his job as the county's prosecutor.

Guerra failed to appear in district count here Wednesday to prosecute 57 criminal cases, District Clerk Gilbert Lozano said.

Instead, Guerra had attorney Greg Treviño serve as district attorney pro tem to prosecute the cases, Lozano said.

"This was a scheduled court hearing. By not coming to court tells me he's neglecting his primary responsibility to the state and the citizens of Willacy County," Lozano said. "He's not doing his job, period."

Guerra said he drove to Reeves County after the inmate's death in the detention center managed by the GEO Group, a private prison operator that a grand jury under Guerra indicted last month in the killing of an inmate in a Raymondville prison in 2001.

Guerra presided over the grand jury that indicted the GEO Group, Vice President Dick Cheney, former U.S. Attorney General Alberto Gonzales, state Sen. Eddie Lucio and other officials, claiming their involvement in the private prison industry led to negligence that caused the prisoner's death.

State District Judge Manuel Bañales, the Fifth Judicial District's administrative judge, threw out the indictments days later.

"I just wanted to document another incident where you have a death," Guerra said in an interview as a drove back to the Rio Grande Valley. "It's another incident involving a death regarding GEO who was previously indicted for murder."

David Oliveira, a Brownsville attorney who represents the GEO Group, said Guerra was out to retaliate against the company because his case was thrown out of court.

"What does he think, that he's a one-man investigative crew?" Oliveira asked.

Guerra said he investigated the inmate's death to gather evidence against the GEO Group.

"All this just reinforces what I've been saying," Guerra said, referring to his investigation of the GEO Group. "What law enforcement wants to do with this information is up to them."

But Kepple said Guerra's actions have destroyed his credibility.

"His conduct has completely ruined any ability to take him seriously," Kepple said. "I think it's safe to say that the prosecutors of the state of Texas wish he would just stop right now."

Guerra, whose fourth term in office expires Dec. 31, said he investigated the inmate's death as part of his probe of the GEO Group.

"Do I need his permission to go?" Guerra said of Kepple. "I'm no lapdog. I went on my own. I just said, ‘Another death. Here we go again.' I was trying to find out what was going on."

Guerra said he believes the detention center's failure to give medical care to the inmate led to his death on Dec. 19.

Detention center officials could not comment on the inmate's death, a man who gave his name only as Casteñeda said from the prison.

Reeves County Sheriff Arnulfo Gomez has said the inmate committed suicide or died of natural causes.

Autopsy results will take 30 to 60 days, said Virginia Palomino, a records clerk at the Reeves County Sheriff's Office

Guerra said inmates' family members are calling his office to ask him to help prisoners in the detention center.

"Now I'm getting loved ones calling me to check up on their relatives in prison," said Guerra, who said he'd received about 10 calls by Thursday afternoon.

Guerra said he planned to meet with an inmate's family in Crystal City.

Oliveira said he believed Guerra's trying to solicit clients.

"I think he's got an ulterior motive," Oliveira said. "What a conflict of interest."

Guerra has denied the accusation.