2009-02-18 / Front Page

Former deputy Martinez sues Juan Guerra, Willacy County & Roy Tamez in federal court

Juan Guerra's 12-year reign as county & district attorney continues to cause our county to pay the price for his behavior.

Most recent example is a federal lawsuit filed in federal court at Brownsville this week by former chief deputy David Martinez.

Martinez names Guerra, Willacy County and Roy Tamez as defendants. In his lawsuit Martinez says he was the chief deputy in January, 2007 when the local grand jury asked Judge Migdalia Lopez for her help in investigating criminal accusations against the county & district attorney, Juan Guerra.

Judge Lopez named as special prosecutor Gustavo "GUS" Garza and during the investigation the plaintiff (Martinez) provided information to the Raymondville Police Dept. concerning Guerra. 103 rd District Judge Janet Leal issued a search warrant and the city police assisted with serving the warrant on Feb. 11, 2007.

Defendant Guerra convened a grand jury meeting in his office on that day which was a Sunday, solely, according to Martinez to keep the search warrant from being served.

After the grand jury adjourned defendants Guerra & Tamez attempted to prevent authorities from searching his office, Martinez says. Guerra was subsequently arrested for obstruc-tion and theft.

After charges against Guerra were dismissed by a district judge he contrived a false affadavit with Tamez and persuaded a justice of the peace to authorize an arrest warrant for Martinez, in retaliation for Guerra's earlier arrest, Martinez says.

Martinez is suing Tamez and Willacy County based on his belief that for 12 years while serving as county & district attorney, Juan Guerra made it a practice to hire unqualified individuals in his office such as Tamez, the investigator who previously worked as a bartender; and his chief investigator a disbarred attorney; and his office manager who had been convicted of theft and insurance fraud.

In spite of the lack of qualifications, Willacy County has failed to take any action to impose any standards on its employees, even though the county has been aware of the problems in the county attorney's office Martinez says.

Martinez says the defendants knew that he had not committed any crime and they conspired to have him arrested and publically humiliated.

The actions of the defendants, Guerra & Tamez were done with malice he says and Martinez is asking for compensatory and punitive damages for his arrest, distress, pain and suffering.

The lawsuit was filed on February 6, 2009 by John T. Blaylock of Harlingen.

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