We all have the same question: Why wasn't former El Paso Mayor Joe Wardy arrested on March 7, 2007 for carrying a firearm into a secured area of the airport, an action Texas state law prohibits. My opponent Jaime Esparza's stautory duty is to prosecute those in violation of state law. We have heard people on the radio talking about the double standard. I received numerous calls at my office from irate citizens who called to complain to me and to offer their support for my campaign. People in the street are saying,"If it had been me, I'd have been arrested." Why didn't Esparza do his job?
Did you know that Dallas Cowboy Coach Barry Switzer was arrested, yes the coach of "America's Team," was arrested at the Dallas airport in August 1997 for carrying a firearm into a secured area of the airport. Mr. Switzer, like Mr. Wardy as we are told by Police spokesperson Chris Mears, had made a mistake. Coach Switzer had forgotten the gun was in his carry on. The Coach had come home to find that he had overnight guests including small children. He usually kept his gun by his bed in a nightstand. When he came home and found that it was lying on top of his bed, he put it in his bag to hide it. Then having to take a trip, the Coach threw some personal items in the same bag and off to the airport he went. He went through security. They found it. The police arrested him and the Coach was taken before a magistrate for a probable cause determination. Later the case was presented to the Dallas District Attorney's office for prosecution. It was accepted. The Dallas District Attorney prosecuted Mr. Switzer who eventually pled guilty to the misdemeanor offense of unlawful carrying of a weapon. Everyone agreed that Coach Switzer had been treated the same as any other citizen.
In Mr. Wardy's case the police did their job and detained Mr. Wardy for violating Texas law but then the road took a strange curve. Instead of arresting Mr. Wardy and taking him to a magistrate the police under Esparza's DIMS system, pick up the phone and call Esparza's office for instructions. If Esparza had said "arrest" Wardy would have been arrested and then taken to a magistrate and booked into jail. We know that Esparza must have said "DO NOT arrest" because mysteriously the case gets referred to the FBI and Mr. Wardy goes on his way to Washington, D.C. FBI spokesperson Simmons says, Mr. Wardy had no "Malicious Intent" (how does she know?). These words are important because Federal law governing weapons at the airport has a higher burden. It requires that the actor have "Malicious Intent." State law requires that you simply possess the firearm, even if you forgot you had it. Mr. Esparza knows this. So being referred to the FBI equals no arrest because we have no malicious intent.
It was reported that three other similar cases have been referred to the FBI and no one has been arrested and that Mr. Wardy hasn't been given special treatment. Well I have no doubt he has not been given special treatment by the FBI but he sure was by Esparza in the referral. How come all the cases aren't sent to the FBI? The other question is who were the other three. Certainly Mr. Mathew Neessen would have appreciated a referral to the FBI. But instead, Mr. Esparza gave him probation, a $1000 fine, community service and an arrest record. How many others of Esparza's friends got a pass on this issue and got sent to the FBI? The rest of us get arrested by the police and Mr. Esparza gives the ok for it right there on the phone. We are hauled out of the airport in cuffs and brought to state court. There our lawyers explain to an asst. district attorney how we made a mistake and the Asst. D.A. reduces it to a misdemeanor and we end up like Mr. Neessen. See my last blog.
Esparza was quoted in yesterday's El Diario saying, "We don't know why the FBI decided to take this case and not arrest Joe Wardy." Now Esparza is trying to act like he just doesn't know what is going on. Well what he really hasn't figured out is that the Public does know what is going on and the public knows they would have been arrested and that Esparza has a system based on favorites.
If you are sick of the different treatment call Esparza and aks him how many El Pasoans he has ok-ed the arrest on for the same offense. Ask him why he declined Wardy's case. Ask him who the other three people were who got lucky and got referred to the FBI. Ask him why he has set up a system (DIMS) where he decides who gets arrested and not the police even when the police witness the crime. Esparza has stripped the police of their power to arrest.
Are you sick to death of Esparza's games yet?
Did you know that Dallas Cowboy Coach Barry Switzer was arrested, yes the coach of "America's Team," was arrested at the Dallas airport in August 1997 for carrying a firearm into a secured area of the airport. Mr. Switzer, like Mr. Wardy as we are told by Police spokesperson Chris Mears, had made a mistake. Coach Switzer had forgotten the gun was in his carry on. The Coach had come home to find that he had overnight guests including small children. He usually kept his gun by his bed in a nightstand. When he came home and found that it was lying on top of his bed, he put it in his bag to hide it. Then having to take a trip, the Coach threw some personal items in the same bag and off to the airport he went. He went through security. They found it. The police arrested him and the Coach was taken before a magistrate for a probable cause determination. Later the case was presented to the Dallas District Attorney's office for prosecution. It was accepted. The Dallas District Attorney prosecuted Mr. Switzer who eventually pled guilty to the misdemeanor offense of unlawful carrying of a weapon. Everyone agreed that Coach Switzer had been treated the same as any other citizen.
In Mr. Wardy's case the police did their job and detained Mr. Wardy for violating Texas law but then the road took a strange curve. Instead of arresting Mr. Wardy and taking him to a magistrate the police under Esparza's DIMS system, pick up the phone and call Esparza's office for instructions. If Esparza had said "arrest" Wardy would have been arrested and then taken to a magistrate and booked into jail. We know that Esparza must have said "DO NOT arrest" because mysteriously the case gets referred to the FBI and Mr. Wardy goes on his way to Washington, D.C. FBI spokesperson Simmons says, Mr. Wardy had no "Malicious Intent" (how does she know?). These words are important because Federal law governing weapons at the airport has a higher burden. It requires that the actor have "Malicious Intent." State law requires that you simply possess the firearm, even if you forgot you had it. Mr. Esparza knows this. So being referred to the FBI equals no arrest because we have no malicious intent.
It was reported that three other similar cases have been referred to the FBI and no one has been arrested and that Mr. Wardy hasn't been given special treatment. Well I have no doubt he has not been given special treatment by the FBI but he sure was by Esparza in the referral. How come all the cases aren't sent to the FBI? The other question is who were the other three. Certainly Mr. Mathew Neessen would have appreciated a referral to the FBI. But instead, Mr. Esparza gave him probation, a $1000 fine, community service and an arrest record. How many others of Esparza's friends got a pass on this issue and got sent to the FBI? The rest of us get arrested by the police and Mr. Esparza gives the ok for it right there on the phone. We are hauled out of the airport in cuffs and brought to state court. There our lawyers explain to an asst. district attorney how we made a mistake and the Asst. D.A. reduces it to a misdemeanor and we end up like Mr. Neessen. See my last blog.
Esparza was quoted in yesterday's El Diario saying, "We don't know why the FBI decided to take this case and not arrest Joe Wardy." Now Esparza is trying to act like he just doesn't know what is going on. Well what he really hasn't figured out is that the Public does know what is going on and the public knows they would have been arrested and that Esparza has a system based on favorites.
If you are sick of the different treatment call Esparza and aks him how many El Pasoans he has ok-ed the arrest on for the same offense. Ask him why he declined Wardy's case. Ask him who the other three people were who got lucky and got referred to the FBI. Ask him why he has set up a system (DIMS) where he decides who gets arrested and not the police even when the police witness the crime. Esparza has stripped the police of their power to arrest.
Are you sick to death of Esparza's games yet?
on March 19, 2007, 6:52 pm
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