On Thursday, October 11, 2007, Jaime Esparza dismissed Dick Poe's DWI charge citing that there was not enough evidence to prove the case beyond a reasonable doubt. Dick Poe's family owns Dick Poe's car dealership, one of the largest car dealerships in El Paso, TX.
Dick Poe, who is 38, was arrested on October 1, 2005 for DWI. It was 3:08 in the morning. The bars close at two a.m. The police affidavit states that Poe was "travelling at a high rate of speed northbound on Mesa Street in the middle lane. The Defendant was also driving partially in the right traffic lane of north Mesa...Sgt. Cardenas also noticed that the license plate of the Defendant's vehicle was not illuminated...Sgt. Cardenas noticed a strong odor of an unknown alcoholic beverage from the Defendant's breath. Defendant's speech was slow and slurred, and his eyes appeared glossy." The report goes on to say that Poe failed the field sobriety tests and then refused to submit to a breath test.
The case, as described, is a classic DWI case and is a beautiful case for the State. The case was so strong that the prosecutor on duty the night of Poe's arrest accepted it on the spot for prosecution. Also remember that Esparza has stated publicly that his office is so efficient that he only accepts cases that can be proven beyond a reasonable doubt at trial. So how is it that Poe's case became so weak? For TWO years that case sat on the court's docket. The case had multiple hearings and no one, during those two years said, "this case is weak and should never have been accepted and I am going to dismiss it." In fact, the case had several trial settings; knowing how the courts work, one can presume citizens were asked to leave their work and families, people like you and me, to come down to the court house and serve on juries and hear Poe's case. Still, no one dismissed it. Then two years later, five months before the election and while Esparza is hitting up the car dealers for campaign contributions, all of a sudden, Poe's case is weak and Esparza needs to dismiss it. What happened?
Mr. Esparza's actions of accepting a case that he later says is weak, drags someone needlessly through the legal system, and then takes two years to dismiss it, could well subject the county to lawsuits.
I try DWI cases and any other defendant with the facts of this case who doesn't own a large car dealership would NEVER get a dismissal. He would have to plead guilty or take his chances before a jury. Several lawyers at the court house on Friday came to me complaining about the OBVIOUS favoritism displayed by Esparza on this case. One lawyer said that he has never, ever had a DWI case dismissed with those facts. But we all know that.
What would I have done if I had been the prosecutor? I would have properly screened the case. If the evidence had not been sufficient, I would have declined to prosecute Mr. Poe and he would have been spared a lot of embarrassment and legal fees. If the case were strong, as it appears to be, I would have treated Mr. Poe the same as any other defendant and prosecuted him to the fullest extent of the law for driving DWI and endangering the public.
To add insult to injury, Esparza does not even have the courage to answer to the press for his decision on Poe's case. He sends a taxpayer paid PR person (Renee Riley) to answer for him. And we pay for these shennanigans.
End Esparza's two El Pasos. He runs this town like an ignorant, puffed up, petty Banana Republic dictator imposing his backwards, dangerous, third world, power mongering mentality by suspending the law and giving the rich and the connected privileges and benefits while he strings up the rest of us citing the very laws he refuses to apply to his friends. (Don't forget he let his friend, former Mayor Joe Wardy, break STATE law when Esparza let Wardy walk after police found him with a loaded gun at the airport.) Esparza's attitude is so what and what are you going to do about it. And if he is called to answer, he'll just lie because he believes the public is too stupid to get it. Well, let's show Esparza what we are going to do about it at the polls. Let's show Esparza what we think of prosecutors who lie and endanger the public to curry political favor. Remember me, Theresa Caballero, in the Democratic primary in March 2008.
Dick Poe, who is 38, was arrested on October 1, 2005 for DWI. It was 3:08 in the morning. The bars close at two a.m. The police affidavit states that Poe was "travelling at a high rate of speed northbound on Mesa Street in the middle lane. The Defendant was also driving partially in the right traffic lane of north Mesa...Sgt. Cardenas also noticed that the license plate of the Defendant's vehicle was not illuminated...Sgt. Cardenas noticed a strong odor of an unknown alcoholic beverage from the Defendant's breath. Defendant's speech was slow and slurred, and his eyes appeared glossy." The report goes on to say that Poe failed the field sobriety tests and then refused to submit to a breath test.
The case, as described, is a classic DWI case and is a beautiful case for the State. The case was so strong that the prosecutor on duty the night of Poe's arrest accepted it on the spot for prosecution. Also remember that Esparza has stated publicly that his office is so efficient that he only accepts cases that can be proven beyond a reasonable doubt at trial. So how is it that Poe's case became so weak? For TWO years that case sat on the court's docket. The case had multiple hearings and no one, during those two years said, "this case is weak and should never have been accepted and I am going to dismiss it." In fact, the case had several trial settings; knowing how the courts work, one can presume citizens were asked to leave their work and families, people like you and me, to come down to the court house and serve on juries and hear Poe's case. Still, no one dismissed it. Then two years later, five months before the election and while Esparza is hitting up the car dealers for campaign contributions, all of a sudden, Poe's case is weak and Esparza needs to dismiss it. What happened?
Mr. Esparza's actions of accepting a case that he later says is weak, drags someone needlessly through the legal system, and then takes two years to dismiss it, could well subject the county to lawsuits.
I try DWI cases and any other defendant with the facts of this case who doesn't own a large car dealership would NEVER get a dismissal. He would have to plead guilty or take his chances before a jury. Several lawyers at the court house on Friday came to me complaining about the OBVIOUS favoritism displayed by Esparza on this case. One lawyer said that he has never, ever had a DWI case dismissed with those facts. But we all know that.
What would I have done if I had been the prosecutor? I would have properly screened the case. If the evidence had not been sufficient, I would have declined to prosecute Mr. Poe and he would have been spared a lot of embarrassment and legal fees. If the case were strong, as it appears to be, I would have treated Mr. Poe the same as any other defendant and prosecuted him to the fullest extent of the law for driving DWI and endangering the public.
To add insult to injury, Esparza does not even have the courage to answer to the press for his decision on Poe's case. He sends a taxpayer paid PR person (Renee Riley) to answer for him. And we pay for these shennanigans.
End Esparza's two El Pasos. He runs this town like an ignorant, puffed up, petty Banana Republic dictator imposing his backwards, dangerous, third world, power mongering mentality by suspending the law and giving the rich and the connected privileges and benefits while he strings up the rest of us citing the very laws he refuses to apply to his friends. (Don't forget he let his friend, former Mayor Joe Wardy, break STATE law when Esparza let Wardy walk after police found him with a loaded gun at the airport.) Esparza's attitude is so what and what are you going to do about it. And if he is called to answer, he'll just lie because he believes the public is too stupid to get it. Well, let's show Esparza what we are going to do about it at the polls. Let's show Esparza what we think of prosecutors who lie and endanger the public to curry political favor. Remember me, Theresa Caballero, in the Democratic primary in March 2008.