Speakup...If I make a mistake and call Fred by Bill's name, I'm embarrassed, but Fred doesn't go to jail and isn't fired from his job and he isn't identified before the community as a criminal.

We (society, the community in an effort to protect ourselves from criminals) give police officers vast authority over the rest of us. We give them firearms and the authority to use deadly force if needed in the performance of their duties if that force is justified. We give them the authority to arrest citizens and lock them away in hell hole jails with others accused of criminal behavior. Like Caesar's wife, they must be above reproach. A difficult standard, to be sure, but the consequenses of their actions can be grave. While the theory is that a citizen is innocent until proven guilty, no cop ever arrests an innocent person. EVERYBODY he snags is guilty in his eyes. Otherwise, there would be no arrest.

Society expects (properly so) a higher standard from those we entrust with the badges of authority and the guns to enforce that authority. If I make a mistake at work, it might take an hour to correct a file. When a cop makes a "mistake" he can ruin a person's life and the lives of that person's family.

"Presumably the cop swore out the comlaint under oath. What he swore to was a lie." Well, it wasn't the truth, was it? This was no "clerical" error. This was the result of an extensive "investigation" which lasted for a long time and involved many people. The cop who swore out the affidavit for the warrant, was not acting in a clerical capacity. He was swearing before a judge that the person against whom he wanted the warrant was in fact a criminal involved in the illegal narcotics business. I would be surprised if there are not several people named Steven Rodriguez in the crossroads area. Rodriguez, like Jones, is a common name in these parts. One would think that a police investigator would make an effort to be sure the right one was targeted. This is why I think he should be fired. He didn't care about getting the right Rodriguez. He just wanted an arrest. It sorta makes one wonder about the other warrants. Would it be easy to have a reasonable doubt that at least some of the other arrest warrants were the result of sloppy work, too? Whatcha wanna bet the lawyers for those other folks will ask the same question?

I guess I should be grateful there is only one other male person around here with the same last name as mine and his first name is vastly different.

legion357...it is nice to have him back, isn't it? lol

Good to see your back SpeakUp1968

Ok, maybe I missed it but where does it say that Atzenhoffer fired him because he was arrested??

They way the story reads they fired him because he had a bad knee, which I doubt is the case.

Maybe they fired him because he is a bad saleman and it's just coincidental it happened a couple of days after he was wrongly arrested.

I smell lawsuit!

Jasonb.

Put the man on unpaid leave until the facts are known. The employer is in the wrong. The man has a family.

To Atzenhoffer: I have bought cars/trucks from you for over 30 years. As of now I have to think about where we will buy the next.

Most of the blame falls on Jode Zavesky. He should, along with VSO, be responsible for covering the cost of Rodriguez's $5,000 bond fee and attorney's fee's. What a travesty...."serve and protect"

I am confused as to why Victoria Atzenhoffer dealership fired him? He was arrested but I thought it was innocent until found guilty. He was out after a few hours on bail so he was available to work? I have heard of those arrested for a lot worse who have kept their jobs until a verdict.

Although it doesn't come out and directly say it, I assume he was arrested due to someone with the same name was really wanted?
I think the county should reimbursed all his expenses due to this mistake. But sue for millions--a little overboard.

I have to wonder now if the other 11 people were also arrested on made up charges ??

i hope the vicad follows up on the discipline action against the dewitt county deputy.

@ MarkKrueger I'm sure Atzenhoffer should fire anyone distributing drugs, too... BUT if Atzenhoffer is SMART... they will gladly ask him to come back to work for them... Lots of cars might get bought if that is the case... He IS a celebrity... DO THE RIGHT THING, ATZENHOFFER!

SonnyLong-
I appreciate your comments and hope that the Advocate will do a thorough review of the particulars of this case and then provide that information to the community. The more discovered the more disturbing it is. The notion that videotape evidence could result in the wrong individual being arrested defies credulity.

A front page apology by the Advocate to Mr. Rodriguez might be appropriate in this instance.

Your associate at the Television Station apparently does not share your viewpoint on identifying the officer in question and the name of the Deputy that signed the affidavits is given at crossroadstoday.com.

No indication that an undercover officer was involved but upper echelon staff instead.

There were 11 others arrested in the operation which ended up with Mr. Rodriguez improperly jailed.

Wonder if there is any reasonable doubt they were properly identified before their arrest?

It's just unbelievable that such a HUGE error could have happened.

OK, I have to defend Atzenhoffer on this one.

Has anyone at Atzenhoffer ever thrown the keys to your trade-in up on the roof of the building? No, they have not. (You all know who I'm talking about, too!)

Has Atzenhoffer ever told you that your credit does not matter and then disappeared from the face of the earth? No, they have not. They will tell you the truth, whether it hurts or not and you can always count on the SAME PERSON YOU DEALT WITH to be there, next year and the year after. Employees don't typically quit there. They retire.

There is a reason that Atzenhoffer is one of the very few "family owned dealerships" in America today. It's because the family is not only prudent business-wise, but also dedicated to serving Victoria, even in bad times. Do you think it's easy to swallow a huge overhead expense including payrole, when GM announces bankruptcy and government subsidy? Sales stopped. Think about that for a minute.

You never hear of layoffs at Atzenhoffer. In fact, you rarely hear a negative word out of any of their employees. If I were in the car business, I think this is where I'd like to work.

If you were the employer, what would you do? "Man, one of my best salespeople just got arrested for drug distribution!" I'm sure that the deciding party did exactly what they felt that they had to do to preserve the integrity of the dealership. This dealership was opened in 1926, or 87 years ago and cannot accept and doesn't deserve a blemish like this one. I'm also sure that he will get his job back. Heck, he's a celebrity.

I would buy a car from him next time 'round, wouldn't you?

I find it hard to believe that I am taking the side of an Auto Dealership but what do you folks expect Atzenhoffer to do? Pay the guy while he's away from work? Atzenhoffer isn't a huge corporation, they are a small town auto dealership.

We only have this one Advocate article to read. There is probably much more to this story than any of you Monday morning quarterbacks will ever understand.

Mr. Rodriguez' attorney, in the very least, should DEMAND that his arrest report be completely removed from the system. Whether or not convicted, the arrest report still comes up in "criminal background check".

Have you looked at your own arrest record lately? It's easy. Click this link http://www.victoriacountytx.org/ then click "Civil and Criminal Judicial Records" or "Jail Records" and type your name in, or anyone else's for that matter. Simple as that. Want to know if your new boyfriend or girlfriend has a record in Victoria County? This is how you find out.

Mr. Rodriguez' arrest in this case is already there, and it's permanent record unless somebody moves to remove it. This could taint him, his family and his reputation for the rest of his life if he doesn't do something about it.

This sounds a lot like another case in Texas...

(CBS) Tulia, Texas is the site of what's been called one of the worst miscarriages of justice in recent memory.

It's where an undercover narcotics officer named Tom Coleman arrested 46 people - nearly all of them black - on charges of being cocaine dealers, sending many of them to prison for a total of 750 years.

As Correspondent Ed Bradley first reported last September, they were pardoned by Texas Gov. Rick Perry, after a judge accused Coleman of being a liar, thief and racist.

Oh...so much for "Operation Pill Crusher" - silly name anyway.

This is horrible. The policeman should lose his/her job. Individuals shouldn't have to be put in these type of situations. I venture to say that this policeman can't write or read past the fifth grade level and we shouldn't assume that he can make logical decisions - remember 5th. grade level. Victoria Alzenhoffer Dealership should be embarassed too! How about being supportive of those that have worked for you for 5 years - wow! I would not return to work for that dealership - there are others that would love to hire this individual - in Houston and elsewhere - and he'd probably earn much more than what he's earning in Victoria. Name all the people involved in this case and take the appropriate steps for a lawsuit. The same attorney who got you out should be the one to hire for the lawsuit. Don't sit back and do "nothing".

You come home from a ballgame with your family. Police come to your house, arrest you, put you in handcuffs in front of your 4 year old son. Daddy is gone.

Pay $5000 (unrefundable) to get out of jail. Your employer fires you because you were charged (not found guilty).

Authorities find out they arrested the wrong person and you get an "Opps, my bad".

My feeling is this is miles past a mistake. And they are sorry.

SonnyLong...Yeah, I think you made a mistake by not naming the cop who falsely swore the affidavit that influenced the judge to sign the arrest warrant. If the names of any undercover cops or confidential informant civilians who took part in this can be discovered, they should be published along with photographs. This is not about embarrassing them, it is about exposing them for what they are. Society cannot afford to have secret police putting innocent people in jail and calling it an accident or a mistake. When police officers with the power to affect the lives of citizens to the extent that the citizen's freedom is threatened, the cops MUST exercise every caution to be RIGHT when they arrest people. It would be FAR better to compromise the investigation than to imprison an innocent man and destroy his family. This kind of "accident" must never happen again. The sad thing is that it probably will.

Fatguy..."Give him a settlement of a few thousand bucks for the inconvenience and move along. A million dollar lawsuit for 3 weeks in jail is a little goofy don't you think ?"

Yes, I think a million dollar lawsuit IS goofy. It should be for multiples of millions. Inconvenience??? I don't know what you think YOUR reputation is worth, buy mine and those of most people I know value them beyond mere dollars. There is only one thing I can think of that would be worse than confined falsely in jail. That would be trapped in a burning building with no way out. Otherwise, jail is the absolutely worst thing I can imagine.

The only good thing about this whole sorry episode is that the DeWitt County Sheriff's deputies didn't continue the horror to protect their own butts. It would have been fairly easy to plant some dope on Mr. Rodriguez then lie (again) in court and he'd be on his way to the Huntsville Hilton.

JimiDollar is right when he calls this a senseless war on drugs. This could easily have destroyed a family and for what? To put some peole in jail for providing products their customers want. Even if the dope involved in this investigation was crack or meth, the product itself tends to punish the people who use it without government intervention. There's not a person on the planet who doesn't know the dangers of the drug culture. If someone ODs on some of this stuff and dies, society benefits from not having a drug addict running around and taxpayers don't have to pay for his three hots and a cot while he's in prison. The billions of dollars spent on this unwinnable war could be better used elsewhere in the government's budget.

gansoblanco: We intend to pursue some of those questions in follow up stories. However, please keep in mind that the hearing to hear the evidence was scheduled for Friday morning. It was not called off and charges dropped until late Thursday afternoon. The press conference was then set for Friday morning. The sheriff issued a statement of apology and had no further comment at this time. I'm not making excuses, just stating the timeframe that all this unfolded. I assure you, those questions will be asked. There is no great conspiracy at work here.

SonnyLong-

Apologies for my oversight in not recognizing the name of the magistrate that signed the original warrant.

While it is very considerate of you to grant law enforcement the benefit of your discretion the falsely accused might have appreciated, and merited, similar treatment. I have a real hard time understanding how police methods, procedures, and individuals get a pass when they prove inept. The tax-payers get to fund the bumblers but the Editor won't name them?

The Advocate may not be complicit with The DeWitt County Sheriff's Office but the two share a common credibility.

Is it the Advocate's policy to not name undercover officers if they level false accusations in signed affidavits? To my mind they need to be named immediately. If they will swear a false charge to a judge there is no reason to think they won't go into a courtroom and do the same to a jury.

By not naming undercover officers that make false accusations that you, in turn, print in your newspaper does a real disservice to the community.

Sheriff Zavesky is apologetic? Sheriff Zavesky has taken action to correct the process to assure that it does not happen again?

What are these actions? What steps are being taken? Have any employees been disciplined or reassigned? What, if any, disciplinary actions have been taken?

The tax payers funding this fiasco can legitimately ask "What happened? Why did it happen? How did it happen? Who made it happen? Who is responsible? What is being done to make sure it doesn't happen again?"

I fully understand that the Advocate has to maintain a working relationship with the DeWitt County Sheriff's Department and that your reporting may strain the cordiality of that relationship but the Advocate had a major hand in smearing Mr. Rodriguez' reputation.

The Advocate has smell on it's hands too.

I have a common first and last name, in fact there are at least seven people in Victoria that I share the first and last name with.... I'm hoping that professionals check their affidavits and warrants very carefully before signing off on them and especially in executing them.

No one can predict the outcome of arresting a wrongly accused person. The adrenaline is at its peak, tempers are flaring, and often times fear trumps rational thinking under those circumstances.

Judging by most of the comments here I'd say this story sure stirred up the trailer park.

The guy shouldn't have any problem getting his job back. Give him a settlement of a few thousand bucks for the inconvenience and move along. A million dollar lawsuit for 3 weeks in jail is a little goofy don't you think ?

onestar: For the reasons I stated. Has nothing to do with embarrassing or not embarrassing anyone.

To sonnylong
The affidavit is a matter of public record. The facts stated therein are public information. You have decided to only give us the information you want us to have.
Why not release the cop's name. If a citizen gets embarresed, why not a cop

gansoblanco:

As far as the story not containing the name of the magistrate who issued the arrest warrant, it plainly states, "Judge Bill Robinson, the DeWitt County justice of the peace who had initially authorized the arrest warrant."

As for not naming the deputy who initiated the complaint, the sheriff is ultimately responsible for the actions in his department. It was simply a decision on my part not to name the deputy, not knowing all the details on how the "evidence" was obtained and how many others might be involved. Did that deputy, as the judge did, rely on what he was told by others when he requested the warrant? Do I name the undercover officers, too?
Given those variables it was my decision, and mine alone, not to include his name.
There was no "complicity in this travesty" as you put it.

I have this little brother who is bi-polar. We grew up in Comal County.

In 1991, he was accused of driving a vehicle during a horse saddle theft. He pled innocent, but was found guilty and served seven years in prison. About six months after the conviction, this guy goes walking into the DA's office and tells them that they convicted the wrong guy, that he actually was driving the vehicle. He was told to go away. (I have a copy of his written confession).

In 2000, my brother was arrested for public intoxication, but again he's bi-polar so he started screaming at the cops and the judge, so he was convicted of terroristic threats, got ten years which was enhanced by his wrongful conviction. We grew up with the DA, rode bikes as kids. A prison artist had made a greeting card with a pop-up (you can imagine what popped up). My brother sent this card to the DA sort of in fun. He got an additional 40 years, enhanced by the wrongful conviction.

He started serving his 40 this year. I wish I could find an attorney to represent him. I wish he could sue Comal County not just for destroying his life, but for taking what's left and burying it. He may be crazy but he doesn't deserve to die in prison because of it.

This is exactly what they do in those small towns. The rush to arrest the give a apology and never even take into consideration that they just changed a persons life forever. I hope he sues and gets a big settlement. Keeping a falsely accused person locked up is horrible. That person spends the rest of his life trying to prove himself and it just is not right!

I feel sorry for this guy and his family. Just another victim in the senseless war on drugs.

I'm just shocked at the fact that Mayberry's finest actually admitted they screwed up. Good ol Barney Fife. Never really a leader, just following blindly in Andy's footsteps.

To the wrongly accused............. You have to play the game of the lawyers. Lawyer up and go after everyone accountable. Sue the pants off of them so this mistake will not happen again. Although the human factor is in the equation the police are held to a higher standard. I think Atzenhoffer will not hire him back and that is their problem. They will find an excuse for the situation. With the money this guy will be getting he should be able to live off the interest. Make DeWitt County pay for the wrong they have done. Move the trial out of DeWitt county so it is a fair trial.
Steven Rene Rodriguez ..... I am sorry you had to go through what you went through but I am happy for you that you will be a rich man very soon. Make them pay! Play the game the hard way and you will win!

To the wrongly accused............. You have to play the game of the lawyers. Lawyer up and go after everyone accountable. Sue the pants off of them so this mistake will not happen again. Although the human factor is in the equation the police are held to a higher standard. I Atzenhoffer will not hire him back that is their problem. With the money this guy will be getting he should be able to live off the interest. Make DeWitt County pay for the wrong they have done. Move the trial out of DeWitt county so it if a fair trial.
Steven Rene Rodriguez ..... I am sorry you had to go through what you went through but I am happy for you that you will be a rich man very soon. Make them pay! Play the game the hard way and you will win!

Won't happen in Victoria with the affidavits Steve Tyler requires.
I hope this makes Mr. Rodriguez a millioaire at the expense of DimWitt Co.
Also, how much does DeWitt Co owe Victoria Co?

I cannot image this unfortunate incident, may only good fortunes come your way. God bless you and your family, don't lose the faith.

The Advocate's reporting has me scratching my head. The falsely accused? Named & photo. The falsely accused' wife? Named. The falsely accused former employer? Named.

The Dewitt County Deputy that signed the false affidavit? No name. No info. The magistrate that issued the arrest warrant on the basis of a false statement? No name. No info.

Why is this?

The Advocate seems complicit in this travesty to this point.

Ooops! Make that perjury. Sorry 'bout that.

"An officer swears out a complaint before a magistrate and based on what the officer swears to, the magistrate issues a warrant."

Where are all the people who think the cops can do no wrong and that anyone who questions their motives or their actions are not only wrong, but probably also criminals who just haven't been caught yet?

Presumably the cop swore out the comlaint under oath. What he swore to was a lie. Does anyone think he'll be prosecuted for pujury? I thought not. This cop as well as DeWitt County should be required to reimburse Mr. Rodriguez for all his legal expenses and lost wages. The cop who swore out the complaint should also be fired -- PUBLICLY. He should have HIS name dragged through the same mud that Mr. Rodriguez now knows so well.

If a criminal wrongly takes and holds a citizen against his will, the crime of kidnapping -- a very serious felony -- has occurred. What is it when a citizen is wrongly taken and held against his will by the police? According to the DeWitt County District Attorney, it is an "accident" or "mistake."

C'mon all you who think the cops can do no wrong. Tell us how anybody can have a bad day, anybody can make a mistake, that this was just an oopsie and, after all, the system worked didn't it? The charges were dropped. Hey, no harm, no foul. This man will FOREVER have this record of arrest for drug crimes in police files. If he's ever stopped for speeding, this could pop up and some cop in Midland won't know it was an accidental arrest.

DeWitt County needs to step up and compensate Mr. Rodriguez for this nightmare and fire the cop who swore out the complaint against him. They should do that Monday morning, first thing after the doors open at the courthouse. They shouldn't wait for a lawsuit to do the right thing by this man after the horrors they have put him and his family through.

what a horrible, horrible ordeal

dewitt county owes him, no doubt !

Not only does DeWitt County owe Mr. Rodriguez the public apology, they should pick up the tab for his bail money and lost wages as well, though the way "government" operates, I don't see that happening. And they should also have to run at least a quarter-page ad in every area paper in an effort to clear the name of the wrongly-accused individual.

This lapse in judgment not only cost Mr. Rodriguez his job and livelihood but will have long-term repercussions as well.

How aweful for something like this to happen to a good person of the community. I am appalled and I certainly hope that he gets his job back, it was not his mistake and he had to endure something so horrific. Please where is the compassion and understanding. He has a family to provide for.

Atzenhoffer should give him his job back. If not, I'd like to see this family sue the pants off them. I also will not do business with Atzenhoffer until they make this situation right for this innocent man. Let's see if they have enough integrity to make things right.

This is really so sad. For 3 weeks it was thought this man was guilty. Please give him his job back and let him TRY to continue living life without this hanging over him. It must have been horrible.