Hope this does not become anther "Tulia" scandal.
kash,EVERYONE knew Mr. Rodriquez was arrested. It was the the front page story in the Advocate a few days later. The "Operation Pill Crusher" story included his name and photo. Don't know about you, but I would consider that that kind of damage to my reputation a dire consequence indeed.
I still say the county should pay this man's expenses for the mistake but what were his dire consequenses. I still find it hard to believe that Atzenhoffer let him go due to the arrest. If they had the proof that he was at work then why is he not hired back until Aug 1. As far as everyone knowing and being embarassed, I doubt few in Victoria would know he had been arrested unless personally told.
Happy...I'll praise the DCSO when they do something to deserve it. So far.................
Yeah, mistakes happen. But when the cops make'em, the consequenses can be dire indeed. We've all seen stories of people who have been released from prison after years inside when it was proven they didn't do it. Mistakes? These kinds of mistakes cannot be allowed to happen, and when they do, the people who make them should not be allowed to have a chance to make another. Civilians run afoul of zero tolerance all the time and it costs them dearly. We've seen stories of kids in second or third grade who have been expelled from school because of an aspirin tablet of some such zero tolerance idiocy. Police work should have a zero tolerance policy for the cops -- include the assistant district attorney's, too -- because of the consequenses to innocent citizens when the cops screw up.
louieclanger is right!!!
Here is how this would go down at my house. My family would be laughing so hard at me for being falsely accused it wouldn't even be worth any effort afterwards. They would be talking about the cops arrested me something...They knew I had done something wrong even if the charges weren't correct. There would be no suing, I would hopefully get my job back and life would move forward at it's extremely painful slow pace.My family would still be making fun of me and we would be Laughing our AO.
rhsg, funny thing about your post, if I had written it exactly like you did it wouild have been removed in about 10 seconds.
None of us are perfect. Mistakes are made regardless of who you are/what job you hold. The DCSO did not intentionally make such a mistake.
Yes, I feel sorry for Mr. Rodriguez and his family and future issues with this happening.
If any one of you out there think you can do better, run for Sheriff, get a new crew of deputies. BY ALL MEANS GO FOR IT. We are very fortunate to have the DCSO staff that we have. Where is the praise when it is needed.
I agree with "termination". Termination of Mr. Oglesby.
So sad. Do any of you believe that Mr. Rodriguez was misidentified because he was "Hispanic" - of course, that's why. And everyone jumped on the bandwagon; today, Hispanics can't seem to do anything right. Mr. Oglesby, while spending so much time in his line of work, has obviously much to learn. Wow. What has he been doing all these years - same thing? I still say "Operation Pill Crusher" is a really silly name.
jasonbourne..."Have any of you people sued McDonalds because their coffee was...too HOT?"
This is why frivilous lawsuits are so bad. They make all lawsuits seem to be without merit. Going through the horror of an arrest for no reason, being taken away in handcuffs in front of your family, jail, having your name dragged through the mud and losing your job along with an uncertainty as to what your future might hold, is certainly worth a judgement with two commas in it. Whether malicious or not, the DeWitt County Sheriff's Office tried to convict an innocent man of a felony and send him off to prison. That is not a trivial matter.
I must eat some boiled crow over past comments about lawyers. If not for Mr. Filley, Mr. Rodriguez might still be under indictment. Mr. Filley, you have my total respect. Must be a nice feeling to finally find a client who's really innocent.
Since Oglesby was the case manager, that means he was the supervisor of other deputies who were working the case. Somebody, somewhere told someone in the DCSO that Mr. Rodriguez was the guy they wanted and they jumped on it. Are there going to be any consequenses for the other deputies who were involved? Will Oglesby still be chief deputy when he comes back from his vacation?
I also wonder if the DCSO will be required to remove Mr. Rodriguez's fingerprint card and any mention of his arrest from the records of the county and that are shared nationwide?
Nice photo of Oglesby.
The investigation of misconduct and corruption of public officials is a function of the Texas Rangers.
When does their investigation begin?
U caught my mistake (see how easy one can make a mistake by not looking at the whole situation)
Question: When you are awaiting bond, where do they put you? In a holding cell? Or do you get put in population?Jail is Jail, 30 minutes or 30 days
Appears alot of people want to say, "no harm, no foul" in regard to this matter. Just think how you would feel if it happened to you or a close friend or relative.
Fortunately for Mr. Rodriguez, he was able to make bond and hire a good attorney. If he hadn't he'd still be in the Dewit County jail with a court appointed attorney awaiting trial. Hopefully it would have the same ending, but lord knows.
I noticed that the Chief Deputy took the heat, but nothing has been said as to the identity of the undercover officer, who would have made the identification. Was he/she an officer or informant?
Running the case by the DA might be a better avenue in the future instead of taking the shortcut of swearing out a compliant to a Justice of the Peace. It's not like it was an emergency and after all if the prosecutor does not believe the case to be prosecutable it won't go anywhere.
Seems as though this case is similar to the Buckner case in Victoria a couple years ago. It does happen.
U,"and being in for as many days as Rene Rodriguez was"He spent several hours not days not even overnight. And I am sure a couple of those hours was being booked.
This mistake started with the officer who filed the report of the illegal activity, and it traveled up the chain of command, everyone who had anything to do with this arrest is responsible, and they know it, why do you think all the apologies have come forthwith after the mistake was brought to light.I have read that Rene Rodriguez was Inconvenienced,Embarrassed,Mistaken,Fired & Rehired, and on, and on, and on.Have any of you ever spent a night in a county jail? I'm going to guess NO....everything you ever heard about what goes on inside a jail is true, if you never been in jail Shut-Up, and being in for as many days as Rene Rodriguez was, I'm sure there's things he much rather forget, but he never will. The questions that come to my mind is "Has this ever happened before" and if it has why didn't we hear about it, was it because they didn't have the support Rene had??? I would now question all the arrests made on this "Operation Pill Crusher" because if the same officer filed illegal activity reports on the rest of those arrested who can "without a doubt" state that he didn't make a mistake on identifying them also.....
Cherry, the orginal article from a couple of days ago stated he was fired as does the "What happened so far?" window.""June 28 - Rodriguez is fired from his job.""
This comment was removed by the site staff for violation of the usage agreement.
To Countrychic and Kash....Where do you read that Mr. Rodriguez was fired? Unless I read over that I am not seeing it. I do see "I wish Mr. Rodriguez nothing but the best, and I hope we can help him get his life back on track," said Zavesky. That has started for Rodriguez, 36.
He goes back to work as an automobile salesman at Atzenhoffer on Aug. 1, he said.Meaning since the wrongful arrest he will go back to work, not that he gets his job job back. I don't think he ever lost it.
Still confused as to why Atzenhoffer fired this man. Do they fire everyone the day after they are arrested? No one at Atzenhoffer has ever been arrested for something? Something smells fishy.I feel the county still should pay this gentleman back his expenses but unless more evidence is shown that this was any more than same name-wrong guy mistake, I think going for big bucks is overboard.
jasonbourne / louieclanger
Since you guys are such good judges of what Mr. Rodrigues deserves what about oglesby? Your comments make it look like he shouldn’t be held accountable - does he deserve a raise?
i know steve rodrigiuez i was raised with him and his brothers joey and charlie god bless his soul i miss u charlie and his mom margrett was like my second mom these kids were raised the right way how dare they suspend the boss hogg sheriff for 2 weeks thats nothing compare what steve went through if i were u steve continue with the lawsuit i would if i were you canale steve is well known for his cars sound systems and all over california he is known hey steve rick from port lavaca tx says we will be praying for you and your familly that everything with your lawyer will go gods speed we love you keep up your head high canale later my friend and Y.B.I.C.
Have any of you people sued McDonalds because their coffee was...too HOT?
LMAO!! The lawsuit mentality is running amuck. It was an accident. If you continue to let the chips fall where they fall this guys life will not have a single shred of evidence oof any of this in six months. I'm sure he was terribly inconvenienced, I'm sure he was embarrassed, and I'm sure he wisheds none of it happened.
Suing everyone is what is good for the lawyers, not the victims.
Who over-sees Chief Deputy Sheriff John Oglesby? It's Zavesky. And where does the buck stop? Is there any overseeing, accountability, supervision, or management in place over Oglesby? And how are they responsible in all this? Zavesky - you need to do more than just apologize.
Why was Mr. Rodriguez fired from Atzenhoffer?? They obviously did not have faith and trust in their 25 yr. employee. He was guilty until proven innocent. Now they are just trying to make themselves look good. Oh how great they are to have hired him back. Mr. Rodriguez I hope you get some great job offers after all this mess. Also mistakes do happen. This happened to be a very great one that almost ruined a good mans life. At least it wasn't swept under the rug. They admitted their mistake. Compensate him well. God bless him and his family.
Good job Sonny Long.
The suspension without pay sounds good but the SO is only offering apologies and not particulars to this point so whether this is appropriate discipline still cannot be identified.
One early report (not in the Advocate) indicated that video evidence was sworn to in the false affidavit. To my mind there's a big difference in making a mistake of identity and making a mistake of identity with a video in hand.
Why was Mr. Rodriguez misidentified? No explanation.
Mr. Filley seems up to the task and his efforts appear to be the primary reason Mr. Rodriguez is walking free and his story has seen the light of day.
Assuming everyone that comments on this story lives in a trailer park makes as much sense as assuming handing a man a gun and a badge some how confers infallibility.
Looks like Oglesby is gonna have to take operation “Operation Pill Crusher” of the resume.Two weeks without pay for his role in the misidentification and false arrest is nothing.How about something that goes on his Permanent Record like TERMINATION!!!
Ain't lynch mob justice too sweet ? In this case Mr Rodriguez just had his neck stretched a liitle before he was cut down. Now Atzenhoffer, Ogelsby and Zavesky are pulling a Tony Hayward and moaning " I want my life back " and fatguy is Joe Barton apologizing for the inconvenience only they are suffering ! Sic em, Filley !
I didn't see anything in the story about Mr. Rodriguez getting his $5,000 bail money back or the money he spent for his attorney.
"... but there may not be any legally recognizable cause for action," said Cullen. "
If there is no "legally recognizable cause for action" in this case, then the laws of the state are more messed up than even I thought.
""Atzenhoffer was instrumental in helping us with our investigation. After we started looking into this, they provided us with information that Steven was at work on the day and time the drug sale was supposed to have taken place," Filley said."
If it was that simple for the defense attorney, why do you suppose the cops didn't conduct an investigation? Somebody told the cops that Mr. Rodriguez was the guy and that was good enough for the "stand up guy." No investigation needed. I would like to think that a cop with 25 years experience would know that it is incumbent on the police to actually try to find the RIGHT people. It might well have been just a "mistake", but it showed a callous disregard for the truth, for justice, for the rights of citizens, and for putting the correct people in jail. It shows that the deputy has learned little in a quarter-century of law enforcement. It does not make me feel safer knowing this guy will be back on the job after a two week vacation. After all, I live in Victoria County, too.
I am delighted that Mr. Rodriguez is returning to work at Atzenhoffer.
Fatguy...10 trillion million billion dollars might be just a tad excessive, but a settlement with two commas would not be out of line here. First, it has to be big enough to get the attention of the county and it needs to be big enough that Mr. Rodriguez can send his kids to college after the lawyers take their cut.
ATZENHOFFER did the RIGHT thing... Thank you to ATZENHOFFER... You are GOOD GUYS after all... Thank you!
Ok all you trailer park denizens, attack ! Let me set the tone.
Fire them all. Fire the sheriff. Fire the mayor. Disband the entire department. Close Cuero. Take it off the map. Give Rodriguez 10 trillion million billion dollars.
I'll let you guys take it from there.