WHAT IS UP WITH BROWNSVILLE CITY ATTORNEY WILL TREVINO AND THE CLOSING OF THE BARS ON PABLO KISEL AND MORRISON?

UPDATE AND CORRECTION AS TO JORGE JAVIER PEDRAZA, JUDGE GABRIELA GARCIA'S SON

The update and correct does not really help Pedraza, it may make it worse.

Montoya in December before taking down his post on the story, claimed Pedraza was a good Samaritan trying to stop a fight.  According to Pedraza's attorneys this is not correct.

In the original and amended lawsuit Pedraza's attorneys claim Pedraza was pushed into the fight where upon he became injured.

I will give the direct quote from the lawsuit.  But here are the facts.  Pedraza was in the parking lot of the bar, standing around watching the altercation.  He was close enough that upon being pushed he was injured in the fight.

So, this is the essence of the claim, if you are so close to a parking lot bar fight that you can be pushed into the fight and then are injured, it is the fault of the parking lot owners.

Any judge of minimum competence will dismiss this personal injury lawsuit forthwith. 

THE QUOTE FROM THE LAWSUIT:

"he [Pedraza] was inadvertently pushed into the middle of the physical altercation." 

So, this is what Gabriela Garcia wants you to believe.  Her son is entitled to a million dollars because he chose to stand right next to a bar parking lot fight, he became injured while observing the fight.  Really guys?  The case needs to be dismissed immediately.  You cannot enter a dangerous area and then blame the owner of the property because you became injured.

You cannot walk onto a hazardous property which you know is hazardous and then sue the owner when you become injured. 

I was shocked to learn the Herald requested records which suggest they may be looking at painting Pedraza as anything but innocent.  

Defense counsel is clearly seeking documents which could make it appear Pedraza is not some clean kid.  But to be clear if defense counsel gets the documents, the documents could make the kid to look good. 

I am paying for research so that I will have key documents.  There is so much more at so many levels.

ORIGINAL POST

The following is Will Trevino being quoted in the Herald.

Social Media speculated about why the city objected to visiting Judge Robert Garza.  In the process they missed the entire story.  The objection was one of right requiring no reason.

"When asked why the city objected to Garza hearing the case, Treviño gave no comment, adding that it would give away the city’s legal strategy.

He noted that the city was trying to “consolidate” the case to the 107th state District Court with Judge Benjamin Euresti Jr."  This statement was a clear indication of the city's strategy.

The city wants Noe Garza to control the personal injury case filed by Judge Gabby Garcia's son, Jorge Javier Pedraza after an alleged stabbing, and the bar closing case. The claim, which will need to be verified in court, is Pedraza entered the fight to help another person. (This has now been corrected, see above.)

So, this is how it works.  Ben Euresti, the current judge of the 107th, until January 2027, will find the bar violated the code, if the cases are consolidated.  I do not see how it drags on to January, but that decision could end with Noe Garza.  I read somewhere a new visiting judge has been assigned to the bar case, (in the 357th Judicial District Court) but there is no indication of same on the docket sheet.  

After Judge Euresti or Noe Garza find the bar violated the code, Pedraza's attorney uses that finding as a basis for liability by the owner of the parking lot and bar. 

WHAT IS THE LAW IN PERSONAL INJURY ON PROPERTY

The law is pretty basic as to property liability.  The lead case, some 30 years old or older is simple.  If you slip on a strawberry at the grocery store, and fall, the grocery story is not liable unless, 1- they had adequate time to know the strawberry was on the floor, or someone told them, or 2- they knew the display was such strawberries would fall to the floor.

In the case of the parking lot, the nature of the beast put the owners on notice fights were possible thereby making them possibly liable for want of proper security, or security was added and could not break up the fight in time based on how long the owners knew of the fight.  If the facts show security immediately rushed the fight, the owner should be in good shape. In the latter case if it can be shown security was doing nothing and just watching the fight, liability could attach.

BUT NOW THE FACTS

The learned jurist Gabby Garcia claims that the owners had a duty to stop her underaged son, for drinking purposes, from entering the fight voluntarily and should therefore be held liable for her son's decision to enter the fight. (Again, this has been corrected from the original social media reporting.  The lawsuit clearly alleges that Pedraza while observing the fight was pushed into the fight.  The facts now stated in the lawsuit should be enough to end the lawsuit with the dismissal. 

Because Pedraza was hospitalized lab work may show if he had alcohol in his system.

The social media reports say nothing to indicate Pedraza was an innocent bystander.  Even then if you stand around to watch a fight and get dragged into it, that is on you for standing around in a dangerous environment.  The facts reported in social media if true should result in the Pedraza case being tossed.  You cannot walk into a fight, even to help a 3rd party, and then blame the property owners for your injury.  

NOE GARZA SHOULD ANNOUNCE NOW ONCE HE TAKES THE BENCH HE WILL HAVE NOTHING TO DO WITH THE PERSONAL INJURY CASE OR THE BAR CLOSING CASE

I want to make clear, this post is based on Will Trevino stating the city has a strategy which includes consolidating the two cases.  Will Trevino certainly knows a win for the city could mean millions for Gabby Garcia's son, Pedraza.

This stinks to high heaven, and everyone knows it now that the story is out.

So, let's get straight how this works, Art McDonald in my case can recuse himself on his own motion without any reason, but Ben Euresti and Noe Garza can stay in a case which benefits the son of a fellow judge. 

This story is developing.

I am not disclosing how I know Pedraza is Gabby Garcia's son.  When dealing with a judge there are security issues which should be considered in your reporting. 

 

THE STORY WHICH WILL SHAKE THE BROWNSVILLE CITY COMMISSION

Everything good about Brownsville comes from its residents.  This is despite the unrelenting corruption with the city commission.

Tomorrow morning the story will hit.  It is done; all I have to do is publish it.

 

WHAT IS SO AMAZING TO ME, I AM NONE OF THESE

 

FIRST TRUMP CHANGES THE NAME OF THE GULF OF MEXICO, AND NOW THEY WANT TO CHANGE THE NAME OF BOCA CHICA TO CYBER BEACH

UPDATE:

Erin Gamez announces Boda Chica will remain Boca Chica.  So, we won.

The unanswered question is, how did this happen, and where was the city and county openly opposing this. We need answers.

You know why these abuses happen?  Because our elected officials fail us at every turn.  They want to rob us of our heritage.

While Gamez's notice to her constituents may be helpful, it may be too late.

They renamed Fronton St. to an Anglo name.  Fronton in Spanish means bluff.  It was named over the bluff overlooking the Rio Grande before it was dammed. 

We need to find out who knew about this and when at the city and county.  There has to be accountability.

Where was the city and county keeping us informed and opposing this?

 

YOU HAVE TO PARSE THINGS OUT MANY TIMES BEFORE THE PICTURE IS CLEAR

I am nearly done with my latest mandamus against Omar Ochoa.  The state needs to remove Omar Ochoa from his position.  I think I am getting close on that issue.

On the Pablo Kisel bars, some documents have now been uploaded to the District Clerk's web page, but not all.  I still have not seen the notices posted on the doors of the bar.

But in parsing this out over and over again and outlining what I know something has become clear.

BUT FIRST:  The city of Brownsville's objection to judge Robert Garza is online.  As a matter or right everyone gets one objection to a visiting judge, without a stated cause.  The state exercised this right and stated no reason for its objection to Judge Garza. This is perfectly permissible.  Speculation is reckless and should be dismissed by any rational reader.

Social media going down the rabbit's hole speculating as to the basis for the objection is just trash journalism.  I read the objection and it a clean objection of right.  There is no stated reason because one is not needed. 

I really want to see the notices posted on the bar doors, but the key may be elsewhere.

I BEGIN WITH THE CITY'S CLAIMS AND TAKE THEM AS TRUE

The bars were serving minors, while other patrons were using cocaine.  The bars only have control of serving minors.  On the cocaine issue, if an inspector sees someone using cocaine and a bar staffer is there and sees it also, then the bar can be warned.  But key is, if the inspector actually saw someone using cocaine, the user should have been arrested. But this is not on the bar owner unless it can be proven bar staff see the user's using cocaine.

Serving minors:  If an inspector saw a minor being served, then a citation should have been issued.  The minor should have been arrested.  If these things did not happen then the problem is with the city inspectors and not the bar owners.

I get bored with parents who are like, "I cannot control my child because I am a horrible parent so punish the bar owners."  If your 18-year-old son is in a bar, especially with a fake ID, then you as the parent are the problem.  It is not for the bar owners to do your job as a parent.  

Bar fights: unless you can prove a bartender overserved a patron and then that patron got into a fight, the bar is not responsible. 

Parents need to take responsibility for the acts of their children. 

The Brownsville Police Department and Saenz are a big part of the problem. I appreciate Adult Probation warns their defendants to stay away from Pablo Kisel.  The facts justify the warning.

Cities with formal Red-Light Districts, have additional police on patrol during key hours.  There must be zero tolerance for fights in or around the bars.  

The DA must set a minimum bail and eventual fine for fighting in and around bars, or public intoxication.  We all know Saenz will never do that. We also know the city will never research how other cities handle a Red-Light District.

I am not saying the situation near Pablo Kisel is acceptable.  I am saying parents need to control their kids.  I am saying if you are arrested having a fight in or around the bars, there should be a higher bond to get out of jail, and a mandatory fine and probation which is higher than just getting in a fight elsewhere.  Bars are unique and additional punishment is needed.

It took me a while to get to a conclusion, but because I have to parse the problem out it takes time.

My best computer remains my pad and pencil. 

 

BROWNSVILLE MISSES OPPORTUNITY TO PROFILE SPORTS PARK, PROMOTE BROWNSVILLE, AND BRING THE CITY TOGETHER

It has been a long dream of many in Brownsville to make the Sports Park as place for statewide soccer tournaments. 

The Mexico game should have been an opportunity to profile Brownsville's Sports Park.  Mexicans who can would have come across the border and stayed at least one night in our hotels.  They would have eaten here and possibly shopped.  

It is possible people from upriver also would have spent at least one night in Brownsville.

The food truck industry could have shined at the Sports Park.

The Brownsville image is simple: if the elected officials cannot make money on something, they will not think of it.

 

Thomas Jefferson Declaration of Independence