Once again, one of Victoria’s Finest has failed to uphold the law. No, this is not about Chief Ure or Lt. Buentello. This is about a Victoria County’s Sheriff Department Deputy, although I have my doubts this deputy is the only one not following the Texas Penal Code and Family Code.
I have blotted out the names with dashes to protect the people involved and to not have any repercussions such as my blog being removed.
Again yesterday, my mother, an elderly disabled woman, was once again let down when it comes to law enforcement by Deputy G---a. Let me start in the beginning to let you—the tax payers who are burdened with paying this deputy’s (and many others like him) salary—what has been occurring for over a year now.
My mother moved to Bloomington shortly after a bad situation caused her to be homeless. I did everything I could to assist her in finding housing. Due to a limited income, we settled on a house for rent in Bloomington. I helped her move in. It isn’t much, but it keeps her from sleeping in the roadside park and being homeless. The obvious solution was to move her in with me, but because of my parents being divorced for many years and my dad being ill, he lives with me and she cannot.
The first couple of weeks, the neighbors: G-a--e and Fr--d-i C--b---l were decent. Then, things turned ugly. I am not sure what happened exactly, but here are the facts: They lied about their name. They lied about their son. They lied about employment. They are foster parents. My mother found out some things that were happening with the foster children in the home and as REQUIRED BY LAW
FAMILY CODE TITLE 5 SUBTITTLE E. PROTECTION OF THE CHILD CHAPTER 261 INVESTIGATION OF REPORT OF CHILD ABUSE OR NEGLECT SUBCHAPTER B. REPORT OF ABUSE OR NEGLECT; IMMUNITIES
Sec. 261.101. PERSONS REQUIRED TO REPORT; TIME TO REPORT. (a) A person having cause to believe that a child's physical or mental health or welfare has been adversely affected by abuse or neglect by any person shall immediately make a report as provided by this subchapter.
Sec. 261.109. FAILURE TO REPORT; PENALTY. (a) A person commits an offense if the person has cause to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect and knowingly fails to report as provided in this chapter. (b) An offense under this section is a Class B misdemeanor.
My mother and I are both former CASAs (Court Appointed Special Advocates) we spent many hours in training to learn what constitutes child abuse. I have had many situations (employment, adoption classes, and assisting at-risk families through church/civic organizations) where I worked with CPS on cases. There are many laws regarding foster parenting, and these foster parents were breaking violations. Yes, we have the letter from CPS stating violations were found. So this was not an unfounded case.
That is when the trouble began. Their “paycheck” (many people foster parent for the money and what they can get out of it—not because they care about the children) was threatened. They began telling my mother she had to move. She would tell them back she wasn’t going to move. She discussed this with her landlady. Mrs. B--d---r informed her that she realized four other families had moved out because of the C--b---l family and now realized it was the C--b---l’s and not the renters she had before. Before when there had been problems, Mrs. B--d---r and Mr. G--d---s (the C--b---l’s landlord) would talk and Mrs. B--d---r sided with Mr. G--d---s that it could not possibly be his tenants as they were upstanding citizens because after all, they are foster parents.
When my mom wouldn’t move out, they put up a spot light in the front yard on their property and aimed it directly into the bedroom in which my mother sleeps. No big deal, we just put up darker curtains because Law Enforcement told her since it was on their property she couldn’t do anything.
They burned trash right outside her window. There wasn’t a burn ban at the time, so again, Law Enforcement told her since it was on their property she couldn’t do anything. She called the Air Quality Headquarters for this region and they were to send someone to investigate. They did, but once they talked to a Victoria County Sheriff Deputy, she was once again told there was nothing she could do and she should consider moving. Again, since there was nothing that could be done, she shut windows. She went to the doctor and had to be put on inhalers due to lung damage from Cyanide poising (the effect of burning trash).
When the C--b---l’s son was expelled from school for drug use and distribution (don’t forget these are foster parents who have children in their home even as this is posted); he had nothing to do all day. So, he began using his air pellet gun and bee-bee gun to shoot the windows in the rent house which my mother resides. When that got boring, he began shooting at my mother and many times the bee-bees whiz past her head. In order to sit on the front porch, my mother had to put up a blanket covering one side so she would not be seen and become a target for these bee-bees. Yes, many of the windows were broke and remain unrepaired. Why keep fixing them when they get shot out repeatedly? In order to hide from my mother while he is outside having target practice at her house and her as she mows her yard, Fr-d--e put up two pieces of plywood attached to the fence my mother’s landlady paid to have installed several years ago. Law Enforcement said since she could not provide proof it was him and they weren’t there to see anything happen, nothing could be done. What happened to the Penal Code on CRIMINAL MISCHIEF? What about CHAPTER 41. LIABILITY OF PARENTS FOR CONDUCT OF CHILD?
Title 7. OFFENSES AGAINST PROPERTY:
CHAPTER 28. ARSON, CRIMINAL MISCHIEF, AND OTHERPROPERTY DAMAGE OR DESTRUCTION
Sec. 28.01. DEFINITIONS.
(1) "Habitation" means a structure or vehicle that is adapted for the overnight accommodation of persons and includes: (A) each separately secured or occupied portion of the structure or vehicle; and (B) each structure appurtenant to or connected with the structure or vehicle. (2) "Building" means any structure or enclosure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use. (3) "Property" means: (A) real property; (B) tangible or intangible personal property, including anything severed from land; or (C) a document, including money, that represents or embodies anything of value.
Sec. 28.03. CRIMINAL MISCHIEF. (a) A person commits an offense if, without the effective consent of the owner: (1) he intentionally or knowingly damages or destroys the tangible property of the owner; (2) he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person
FAMILY CODE SUBTITLE B. PARENTAL LIABILITY CHAPTER 41. LIABILITY OF PARENTS FOR CONDUCT OF CHILD § 41.001. LIABILITY. A parent or other person who has the duty of control and reasonable discipline of a child is liable for any property damage proximately caused by: (1) the negligent conduct of the child if the conduct is reasonably attributable to the negligent failure of the parent or other person to exercise that duty; or (2) the wilful and malicious conduct of a child who is at least 10 years of age but under 18 years
On four separate occasions, my mother has had the air let out of all of her tires and nails had been thrown in the driveway. Minor inconveniences unless you happen to be the one that is disabled and on a limited income and have to fix your car. She went all four times from Bloomington into Victoria to LLantas Tire Service to make sure her tires were fine. Even the employees there told her that there is no way this many times it was leaky valve stems as they suspected the first time around and she had to pay to have them replaced. Again, reports were made but because she could not provide proof it was him and Victoria’s Finest weren’t there to see anything happen, nothing could be done. Again I ask, “What happened to the Penal Code?”
On two separate occasions, my mother has had her clothes line cut AFTER the fence between my mom’s rental property and the C--b---l’s home was destroyed. She notified Victoria County Sheriff Office. Same story: since she cannot prove it was them, there is nothing that can be done.
On several occasions my mother has called Victoria County Sheriff Office to report the neighbors are throwing a ball against the house and hitting the window panes. Mother kept the ball on one occasion as she had been told there was nothing she could do since it was just kids playing in the yard and she should be more tolerant. So guess what? The C--b---l’s called the Victoria County Sheriff Office and Deputy G---a responded. He informed my mother that she could be hauled in for theft if she kept the ball that was being used to hit her house on purpose. The youth were standing in about a 3 feet wide space on the side of their house on their property and aiming the ball at my mother’s rental house also about 3 feet wide. So, there is a maximum of about 6 feet separating the neighbor’s wall from my mother’s wall. When you were a teenager, could you throw a ball 6 feet? We don’t care the kids play ball. We don’t care the ball comes into the front yard and they come around the fence to get it. Kids will be kids and accidents happen. That however, has not been the case with the balls. What we care about is the fact this is not harmless child’s play. This is malicious intent. Way to go Deputy! You gave them their weapon back and left an elderly disabled woman defenseless and fearful of going to jail because she is defending her residence! What happened to Renter’s Rights? Again, I ask, “What happened to the Penal Code?”
Last night was the final straw. Once again, the C--b---l family started in on my mother and I have had enough. For several hours, their stereo was facing my mother’s bedroom and it was turned up as loud as it could play. The neighbor across the street, who has admitted that if knew the C--b---l family lived that close to the house he purchased he would not have even looked at the place, kept coming outside to see what all the noise was about. But, just like my mother, he has experienced the lack of Penal Code Enforcement by Victoria’s Finest and has learned to not call anything in to Victoria’s Finest.
Several times this family has tied things onto the fence and we have done nothing. They eventually take whatever it has been down—except the plywood to hide behind as the young man has target practice. But last night, was different. A post was erected on my mother’s rental property and the neighbors hung their clothes line on it. She called me and I went over there very early. My mother had also called her landlady and told her what had been erected on the property. Mrs. B--d---r asked that we remove the line. I stood in the yard for well over 30 minutes saying I was going to cut the line down and they needed to remove it. I went into the house, got the knife and again announced that I was going to cut it down if they did not remove it. All I got back was the “number one sign” and cursing at me. So, I cut down the line down from the post. I hung around my mother’s place for a while longer and no one came over, no one yelled, no one did anything. So, I left and went to my house. Around 8:00 p.m. last night, Deputy G---a was called by the C--b---l’s and went to my mother’s accusing her of cutting down the line. G-a--e knew it was me that cut the line. I know this because I was the one in the yard that kept saying I was going to cut it down and they made eye contact with me. By calling and saying that my mother did it, she made a FALSE REPORT TO LAW ENFORCEMENT. This is a violation of the Penal Code.
TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION
CHAPTER 37. PERJURY AND OTHER FALSIFICATION
37.08. FALSE REPORT TO PEACE OFFICER OR LAW ENFORCEMENT EMPLOYEE
(a) A person commits an offense if, with intent to deceive, he knowingly makes a false statement that is material to a criminal investigation and makes the statement to:
(1) a peace officer conducting the investigation; or
(2) any employee of a law enforcement agency that is authorized by the agency to conduct the investigation and that the actor knows is conducting the investigation. (b) In this section, "law enforcement agency" has the meaning assigned by Article 59.01, Code of Criminal Procedure. (c) An offense under this section is a Class B misdemeanor.
So, that leads me to today’s adventure. While my mother was gone to get groceries, the post that was mysteriously erected into my mother’s rental yard mysteriously was taken down and is laying in the C--b---l’s yard. Whoever took the post down, just as when it was put up, had to trespass. By the way, according the Deputy G---a, during none of these offenses against my mother is it considered trespass and by the words from his own mouth, the upsetting thing is that “the line was cut with clothes on it”. However, he couldn’t tell my mother what did constitute trespass. Let’s see what the penal code says about trespass:
TITLE 7. OFFENSES AGAINST PROPERTY
CHAPTER 30. BURGLARY AND CRIMINAL TRESPASS Sec. 30.05. CRIMINAL TRESPASS. (a) A person commits an offense if he enters or remains on or in property, including an aircraft or other vehicle, of another without effective consent or he enters or remains in a building of another without effective consent and he: (1) had notice that the entry was forbidden; or (2) received notice to depart but failed to do so. (b) For purposes of this section: (1) "Entry" means the intrusion of the entire body. (2) "Notice" means: (A) oral or written communication by the owner or someone with apparent authority to act for the owner; (B) fencing or other enclosure obviously designed to exclude intruders or to contain livestock; (C) a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden; (D) the placement of identifying purple paint marks on trees or posts on the property, provided that the marks are: (i) vertical lines of not less than eight inches in length and not less than one inch in width; (ii) placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground; and (iii) placed at locations that are readily visible to any person approaching the property and no more than: (a) 100 feet apart on forest land; or (b) 1,000 feet apart on land other than forest land; or (d) An offense under Subsection (e) is a Class C misdemeanor unless it is committed in a habitation or unless the actor carries a deadly weapon on or about the actor's person during the commission of the offense, in which event it is a Class A misdemeanor. An offense under Subsection (a) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if: (1) the offense is committed: (A) in a habitation or a shelter center
I will admit that I got mad at Deputy G---a last night when he kept telling me that we should have called law enforcement to handle this matter. But what for? Like I told him, all these things have happened and Law Enforcement has done nothing. I asked him if it was Tit for Tat. Since they can come over and do all this, then I should be able to do all the same things back to them. (I know—not very Christian of me to not turn the other cheek. But at this point, if I turn the other cheek, it will probably get a bee-bee put in it.) He kept asking me why I would want to do that. I kept telling him that I wanted to do it for the same reasons they kept doing this stuff to my elderly disabled mother: Just because I can and nothing will happen to me legally.
Deputy G---a later went to Mrs. B--d---r and told her what all had happened. But he failed to go to Mr. G--d---s, the C--b---l’s landlord. What’s up with that? Deputy G---a also told Mrs. B--d---r that there was nothing that could be done. The neighbors could go over there and get any of their property (remember the balls) at any time. Deputy G---a also said there was nothing Mrs. B--d---r could do to keep anyone off of her property. Just think of all that money people have wasted putting up fences and “No Trespass” signs. We mere mortals who are not in Law Enforcement don’t know much about the law, but I do know right from wrong and I use common sense. That is why I have a fence and “No Trespass” signs. I even have had a “No Trespass Order” issued on someone. But I guess Deputy G---a has forgotten about a NO TRESPASS ORDER being issued by law enforcement?
By the way, while talking to Mrs. B--d---r, Deputy G---a kept telling her what was so upsetting was that there were clothes on the line when it was cut. You want to know what is upsetting? BEING SHOT AT. HAVING YOUR HOUSE SHOT AT. BEING A PRACTICE TARGET. BEING STALKED. (By the way, for those of you in Law Enforcement that don’t know this is also a Penal Code Violation.)
TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY
CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES
Sec. 42.072. STALKING. (a) A person commits an offense if the person, on more than one occasion and pursuant to the same scheme or course of conduct that is directed specifically at another person, knowingly engages in conduct, including following the other person, that: (1) the actor knows or reasonably believes the other person will regard as threatening: (A) bodily injury or death for the other person; (B) bodily injury or death for a member of the other person's family or household; or (C) that an offense will be committed against the other person's property; (2) causes the other person or a member of the other person's family or household to be placed in fear of bodily injury or death or fear that an offense will be committed against the other person's property; and (3) would cause a reasonable person to fear: (A) bodily injury or death for himself or herself; (B) bodily injury or death for a member of the person's family or household; or (C) that an offense will be committed against the person's property. (b) An offense under this section is a felony of the third degree, except that the offense is a felony of the second degree if the actor has previously been convicted under this section. (c) In this section, "family," "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code.
Can anybody that is not in Law Enforcement say “VIGILANTE JUSTICE”? Of course, for those of you in Law Enforcement, let me state your mantra, “DON’T TAKE THE LAW INTO YOUR OWN HANDS.” Well, if you as our paid law enforcement officers would actually enforce the Penal Code and Family Code as designed by our great state, then we individuals wouldn’t have to take the law into our hands.
Please keep in mind that as you have read this posting, these are ACTIVE FOSTER PARENTS in VICTORIA COUNTY.
I know by reading the many comments and other blogs here on this site, my mother and I are not the only ones who have suffered injustice at the hands of Victoria County’s Finest. So, I am asking for assistance. Anyone out there who knows how to help me file a complaint that will get noticed, can assist with any legal direction, or can give a number or agency to contact, I beg you to help because it has been proven time and again, Victoria County’s Finest isn’t so fine in Law Enforcement.
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