Some facts put forth by DA Stephen Tyler

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In response to the article titled "Police Chief Angry...," I think the complete story requires an objective review of facts.

Arturo Alvarado received a 20-year sentence in the aggravated assault of his wife where the sentencing range was two to 20 years. He received a 40-year sentence in one of the remaining three counts where the punishment range was five to 99 years or life. In both convictions, there was an affirmative finding of a deadly weapon, a gun and a vehicle, respectively. He was made to account for his conduct.

National sentencing statistics are kept by the Bureau of Justice Statistics (http://bjs.ojp.usdoj.gov/content/pub/html/scscf04/scscf04_toc.cfm).

The national average sentence for aggravated assault is 61 months (table 1.3). Higher sentences such as life sentences are given in only 0.3 percent of aggravated assault convictions nationally (table 1.4). Concerning the abandonment of counts within the indictment, in multiple count indictments nationally, only 19 percent of the time does the defendant receive a conviction on two felonies and 10 percent of the time on three or more felonies (table 1.6).

The most appropriate sentencing guide in Victoria is the Victoria "market-rate."

We use the verdicts and sentencing of Victoria juries and Victoria judges in similar offenses when making plea recommendations.

The Mistrot case was tried before a Victoria jury and Victoria judge in May of 2008. Mistrot had leveled an automatic handgun at the center-of-mass of four successive officers at a range of about 10 feet and had repeatedly pulled the trigger of that gun. The important point concerning the Mistrot case is that the evidence was slightly stronger than in the Alvarado case; yet, a jury convicted Mistrot of only two of the four counts of aggravated assault of a peace officer and the judge sentenced Mistrot to 35 years.

The sentence that offends Chief Bruce Ure is stiffer than that assessed in a stronger case tried in this jurisdiction in the previous year and eight times stiffer than the national average.

Further, a review of the statistics reported by the Victoria County District Clerk to the Office of Court Administrations reflects that this administration (Jan. 1, 2007 through Sept. 30, 2009) compared to the prior eight years (Jan. 1, 1999 through Jan. 1, 2007) shows the following:

The elected district attorney has tried 26 cases, nine of which received life sentences, and an additional three received the legal equivalent (more than 60 years).

The District Attorney's Office has tried 51 felony cases; a greater number of felony trials per year (21.1 a year vs. 16.5 a year) than the previous eight years.

Of those trials, twice as many felony child molesters went to trial (5.2 a year vs. 2.6 a year) with a radically different outcome than the previous eight years; a 7 percent acquittal rate compared to the previous 29 percent acquittal rate of jury acquittal.

This administration's conviction rate is six percent greater than the rate of the prior eight years for all felony cases filed (15 percent increase in the conviction rate for all cases filed against child molesters) and this administration has reduced the dismissal rate for all felony cases filed by three percent from the prior eight years.

During the Arturo Alvarado plea, I was prosecuting a murderer who received a life sentence to be served after a previous life sentence.

A week previous, I prosecuted a notorious gang leader who received sentence of 80 years, 80 years and life on three separate counts. In all of these cases, the Victoria Police Department was the investigating agency. These trials place great demands on the resources of the courts, my office, the Victoria Police Department and the Victoria County Sheriff's Office. Ure has frequently expressed concern about such personnel requirements and has asked that I minimize any request or needs.

All felony cases are on the court's docket for months. In none of these cases has Ure appeared or requested any notification.

Any officer or citizen is welcome in the public court rooms of Victoria. If any officer or citizen desires information concerning criminal procedure or court administration, then members of my office, like all Victoria County offices, will be glad to answer any questions. We are all justifiably proud of the services we provide all of Victoria.

Finally, although it hardly merits a response, rest assured that no member of the prosecution team undervalues the lives or the work of our partners in law-enforcement or the safety and property of our neighbors, the citizens in Victoria.

Stephen B. Tyler is the Victoria County Criminal District Attorney.



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Comments

  • zorro: "Has justice been served?"

    I think justice has been served up on a silver platter.... to Victoria's misguided electorate. Hopefully, next time they'll know better.

    December 27, 2009 at 2:36 p.m.
  • It tends to get lost in here, usually by design, that the original sin was an unlawful investigation by the mayor, city attorney and chief of police. Official and non-official city resources were used illegally to further a strictly political agenda. What ensued has become theater the equal to a Greek tragedy. The perpetrators were publicly humiliated but saved from the gallows. Has justice been served? To my mind it was not because I beleive that anyone that would do so much harm to the community as a whole deserves a more fit punishment than mere humiliation. The people who hatched the original plot and got caught with their hand in the cookie jar remain in their positions. They have never expressed contrition, shame nor a concience.

    December 27, 2009 at 12:14 p.m.
  • Texgasman
    I feel you are a lucky one if Tyler spoke to you in person or on the phone. We have called numerous times in regards to children who had been abused and worse and they were being made to go back to the abuser (mother)after being in prison for running a juvenile prostitution ring in another state. The children were scared to death and CPS would not help so we turned to the DA (what a joke)!!! No phone calls were returned and the secretary knew the entire story and we were assured Tyler would call us back. Never happened, no one ever called. Needless to say the children were forced to return to a mother who hurt them and did things to them that I cannot say here without getting bleeped!!!. So DA Tyler think about that and remember in the near future you may just be in court for these kids because they have been severly injured or even worse. Registered SEX Offenders have more freedom here in Victoria then anywhere else I have ever lived(they are everywhere you look). I would like to see in print how many of them you have turned back out on the streets. Especially the ones who have violated their parole or probation, we know she has many times in the last 8 months but no one cares and no one checks in on the kids.What is wrong here? Please DA Tyler tell me. Answer in open comment for all to see. ( I know he will not respond and that is ok, But I wonder if he will give this a thought? Probably No but I had to ask. If anyone knows how we can help these kids I would appreciate any ideas. Anything but calling CPS they are not helping,Police are aware of the situation and their hands are tied due to something about being a "civil matter".

    December 27, 2009 at 9:49 a.m.
  • I've listened to all sides of the Tyler/Ure argument for nearly 3 years now. I've heard the rumors, innuendos, misleading statements... I even began to believe in some of these. And I have been so wrong!

    Mr. Tyler is NOT the problem in this situation! He is our elected DA, who cooperated with the AG and DPS investigators in the Ratcliff matter. Yes, he was told, after giving Ratcliff a job, that the former sheriff was under investigation for molesting a child... but remember -- PRIOR TO WORKING AT THE DA'S OFFICE, RATCLIFF WAS A GUARD AT THE JUVINILE DETENTION CENTER... what was Tyler supposed to do? Knowing that the man was possibly a pedophile, how could he rescind his job offer and send the man back to be around --- children???? Why has no one ever got that? And as far as that whole fiasco, no one can blame Tyler for the outcome of that case. We all screamed and cried foul... a special prosecutor and a special judge were appointed and the case disposed of.

    Yes, Mr. Tyler has seen to it that many dangerous criminals are locked away for life! Some of them, I wish had been given the death penalty, but I understand there are compelling reasons NOT to pursue that.

    I was disappointed that the person who assaulted my daughter was not prosecuted... but Mr. Garza and Mr. Tyler took the time to sit and discuss it with me at length to explain WHY -- I accepted his decision. I didn't like it, but I understood his position.

    In this instance, I do believe justice has been served. The perpetrator has plead guilty to some serious charges and will go to prison for 60 years! The taxpayers are spared the expense of a lenghty trial. There are other cases that have resulted in convictions and stiff sentences.

    I believe that my position has greatly shifted in Mr. Tyler's favor. The man IS doing his job and doing it well. Regardless of what people believe, or rather who they believe, in this case, the punishment does fit the crime.

    December 26, 2009 at 10:10 p.m.
  • Just the facts,,,,That's Steve Tyler.
    As you can see, he doesn't waste time with anything else. He has provided unparalleled efficiency to the people of Victoria. The man is unsurpassed in integrity, leadership and proficiency. Those of us who have been able to see through the childish tactics of others, strongly support Mr. Tyler in any future endeavors. Action speaks louder than words and he is a man of action. We applaud you Mr. Tyler. And thank you for taking the time to shed some light on the facts. Happy holidays and God bless you.

    December 26, 2009 at 9:57 p.m.
  • TXex, have you ever met with Mr. Tyler and questioned him about the alleged duties of Ratcliff? I have! I believe in our DA. I know at times he comes across as overbearing and even pompous. But the man is able to look me in the eye and answer questions straight on. What Mr. Tyler says in this article about any family member, victim, etc., being able to call his office and talk to them about the case... that is 1000% correct and true! Many times I've called to his office to check on a case involving a family member (victim). Most often than not it was Mr. Tyler himself talking to me. Sometimes I spoke to others, but I was always treated with respect.

    I did not see this article as inflammatory, nor do I see it as a Political Ad Campaign. I see it for what it is. A response to the inflammatory remarks of Chief Ure made to an salavating Advocate reporter who couldn't wait to stir the pot!

    In recent weeks, I read an article where Mr. Tyler praised the PD on their investigation resulting in a solid conviction. Too bad Ure can't man-up and reciprocate. Mr. Tyler's office HAS worked hard to convict many -- child molestors, murderers, drug dealers, wife beaters, and various other scum. Thanks to the efforts of the PD AND the DA, now there is one less criminal roaming the streets of our city. And so the heck what if it was a plea bargain... the man is going to prison! He's off the streets!

    Mr. Tyler, Thanks for the hard work.

    December 26, 2009 at 9:37 p.m.
  • Just remember...Tyler knew when he took office that Ratcliff was being investigated and he hired him anyway. Then Tyler said he hired him because he wanted to keep an eye on him. Right. Tyler knows he was caught when all the information came out and he then started spinning the story. Come on folks, your DA hired a child predator...knowingly and let him handle juvenile cases. Explaination, Mr. Tyler?

    December 26, 2009 at 8:24 p.m.
  • anywhere else this would have to have the disclaimer at the bottom...political ad paid for by the committee to re-elect Steve Tyler

    December 26, 2009 at 6:46 p.m.
  • Lest we forget, it was the ill fated extra jurisdictional Ratcliff investigation led by the mayor, city attorney and chief of police, that poisoned the well. It would be too kind to call it a disaster, for it was far worse than that. What began as a bare knuckle political move to teach the DA a lesson backfired on the architects. The story and facts are well know. To his credit, the District Attorney has handled this messy and unseemly affair with dignity and grace and done his job professionally. He has towered over those who continue to wish to spread their poison on our community.

    December 26, 2009 at 9:13 a.m.
  • Who hired Ure? I would like to take this opportunity to thank them for a job poorly done and to let them know that they should be tarred and feathered. Karnes City does not need to be downgraded by the likes of Ure, a more suitable place would be Iraq where he could lead the reconstruction of a corrupt police force. He would probably make it worse than what it already is. City Council wake up and smell the coffee, you to Armstrong.

    December 26, 2009 at 9:06 a.m.
  • Not that I would come and defend for a fellow Screaming Eagle but Tyler was right on this particular case. I honestly think that Mr. Ure should move to a smaller city, like Karnes City. He is acting like a child whose toy was taken away and now, he wants to make sure that everybody hears about it. Just in case, if you dont know what a Screaming Eagle is, don't worry, it takes one to know one and although we defend each other, we dont look the other way when something is wrong.

    December 26, 2009 at 12:21 a.m.
  • ding, ding...why?

    December 25, 2009 at 8:34 p.m.
  • thank you Steve Tyler for the good job you've done!

    December 25, 2009 at 8:33 p.m.