In a blatant attempt to garner votes with the residents of South Dallas Avenue, Mayor Casarez misused the color of his office to lead a vigilante group calling themselves the "Wilmer Warriors" down the path of criminal conduct on Saturday, March 1. Citing good intentions to clean up Wilmer, the group ignored "Private Property" signs and invaded the property at 218 S. Dallas Avenue with lawnmowers and chainsaws resulting in damage to the water line, an emergency call to Wilmer Water Department to shut off the water at the address, and a police report alleging criminal trespass, vandalism and property damage.
Only hours after declaring his unlawful candidacy for office, Mayor A. Hector Casarez took matters into his own hands to garner votes on South Dallas Avenue. Neighbors have complained about the property on South Dallas Avenue for some time - HOWEVER, the City has taken NO administrative action, issued NO notices or citations, NEVER contacted the owner or otherwise acknowledged that ANY actions were required to remedy the complaints.
Saturday morning March 1, Mayor Hector Casarez, Councilman Candy Madrigal and spouse led a group of concerned citizens calling themselves the "Wilmer Warriors" in a vigilante "clean-up" of the property. Other concerned citizens notified the property owner about the trespass, and the Wilmer Police Department was contacted by the owner regarding trespass and vandalism on the property. The Wilmer Water Department was called to shut off the water after the "Wilmer Warriors" somehow managed to break the private water line during their landscape "clean up".
The costs for these criminal acts are NOT the responsibility of the City and had BETTER NOT LAND ON THE CITIZENS AND TAXPAYERS OF WILMER! The Mayor could further misuse the color of his office to order the Water Department to fix the property owner's leak at taxpayer expense, thus compounding his legal problems. When the Mayor dispatched a City truck to the scene to cut the water off after damaging the private water line during the Criminal Trespass, a number of violations of the Penal Code Section 39 Abuse of Office may have occurred - including felony level Abuse of Official Capacity for dispatching city resources to shut off the water. The City has no liability to remedy any unlawful actions by office holders - IN FACT, any immunity enjoyed by public officials is waived when criminal acts are committed - especially under the color of their office.
Criminal trespass in this instance is likely a Class B misdemeanor, and under Texas law, conviction carries few consequences for office holders - unless the governing body should act to remove the Mayor and Ms. Madrigal. Hopefully, restitution for damages will be assessed against the vigilante group to compensate the property owner for expense to fix the broken water line.
UPDATE - Wilmercitizen has received information that Mayor Casarez may have attempted to commit two penal code violations, Section 36.05 Tampering With a Witness (State Jail Felony) and Section 36.06 Obstruction or Retaliation (3rd Degree Felony). During the incident, Casarez confronted eye witnesses and demanded that their recording devices be turned over to him. Video take of these offenses will be published when made available by these witnesses. At this point, any City action taken against the property owner following his criminal complaint might be considered "RETALIATION" since up until the point of reporting the crime, no action had been taken officially by the City.
Citizens may remember the 2012 Election Campaign incident involving Casarez and Madrigal in a similar unlawful use of public funds and trespass to "fix" a long standing draining project behind properties on Dewberry Street. Madrigal's landscape company was engaged to perform the work in violation of state nepotism law, without any discussion by the city council, approval of the contract or public disclosure. When work was stopped due to the crew trespassing on private property behind Dewberry Street, the citizens were still presented with a bill for several thousand dollars from Madrigal's landscape company which was approved for payment. Madrigal may have committed felony theft or misappropriation when she accepted the money for work which was not performed and returned nothing to the citizens. Felony complaints were filed at the time and the statute of limitations remain active - but like many complaints against Wilmer politicians over the years, the Wilmer PD never acted on or investigated the complaints.
WILMERCITIZEN WILL PUBLISH THE FULL TEXT OF BOTH THIS 2014 INCIDENT AND THE 2012 CRIMINAL COMPLAINT AS MATERIALS BECOME AVAILABLE.,