NO IDEA. >> OF THE COMPLEXITY OF THE PROCESS.
♪
PROCESS. ♪ ♪
♪ ♪ IT STARTED ON AUGUST 24TH 3 SAN
ANTONIO POLICE OFFICER SHOT
WHILE PURSUING A SUSPECT AND
WITHIN 2 WEEKS FROM THAT DAY, A
TOTAL OF 6 SAPD OFFICERS WERE
SHOT IN DIFFERENT YET SIMILAR
SCENARIOS WHILE TRYING TO MAKE
ARRESTS.
>> THOSE SHOOTINGS SPARKED A
TENSE BACK AND FORTH BETWEEN
THE POLICE CHIEF AND BEXAR
COUNTY DA JOE GONZALES.
ACCUSATIONS ABOUT POLICE WORK
FALLING SHORT OR THE DA’S
OFFICE FAILING TO PROSECUTE
THAT LAUNCHED THE IDEA FOR THIS
KSAT EXPLAINS. WE’RE TAKING A
STEP BACK HERE TO EXPLAIN WHAT
AGENCY PLACE, WHAT ROLE AND AT
WHAT POINT IN THE CRIMINAL
JUSTICE SYSTEM.
>> IF SOMEBODY SAID DESCRIBED
IN THE CRIMINAL JUSTICE SYSTEM
DRIVES JUST LAST, WHAT WOULD
YOUR ANSWER TO THAT? HE IS A
BIG QUESTION AND PROBABLY THAT
THAT WOULD BE THE WORD I WOULD
USE OFF AND BIG. MOST PEOPLE
HAVE NO IDEA OF THE COMPLEXITY
OF THE PROCESS. DISCRETION IS
INHERENT IN EVERY SINGLE PART
OF THIS IS WHAT I’M TRYING TO
SET THE RECORD STRAIGHT ABOUT
WHAT OUR ROLE IS THAT EVERYBODY
HAS A ROLE.
IT BEGINS WITH A LAW
ENFORCEMENT AGENCY. LET’S SAY
THERE’S SOME OFFENSE THAT
OCCURS WITHIN AN OFFICER’S
PRESENCE.
>> AN OFFICER CAN MAKE AN
ARREST THEN AND THERE WITHOUT
A WARRANT TO STILL HAVE FELT
WAS CALLED PROBABLE CAUSE
AFFIDAVIT. AND THAT’S BASICALLY
A A LEGAL DOCUMENT THAT
EXPLAINS TO A JUDGE WHY YOU
ARREST THAT PERSON OR LAW
ENFORCEMENT DOES MORE OF THE
INVESTIGATING BEFORE THE
ARREST. TYPICALLY IN THE CASE
OF A CRIME, THEY DID NOT
WITNESS OR PERHAPS WHERE NO
SUSPECT WAS FOUND AT THE SCENE.
THEN YOU TAKE THE PROBABLE
CAUSE AFFIDAVIT TO THE JUDGE.
FIRST, GET THE JUDGE TO APPROVE
THE PROBABLE CAUSE AFFIDAVIT,
AN ISSUE, A WARRANT THAT WARREN
IS YOUR LEGAL AUTHORIZATION
TO THEN GO ARREST THAT PERSON.
THEN THAT SUSPECT HEADS TO
JAIL. WHAT MOST OF US CONSIDER
BEING BOOKED INTO JAIL STARTS
WITH A PROCESS CALLED BAD.
JUST RATION THE DISTRICT COURT
JUDGES APPOINTED COUNTY
MAGISTRATE TO HANDLE EVERYTHING
RELATED TO MAGISTRATE.
>> DISTRICT ATTORNEYS OFFICE
HAS THE CASE. THEY GET AN
APPOINTMENT FROM PUBLIC
DEFENDER AND FROM ACROSS THE
YEAR, THEY ANALYZE WHATEVER IS
APPROPRIATE AS IT RELATES TO A
CHARGE. A MAGISTRATE JUDGE SETS
A PERSON’S BOND. WE ONLY
RECOMMEND THAT A MATCH FOR
JUDGES ARE THE ONES THAT SAID
BONG, THE MAGISTRATE OR
INDIVIDUAL JUDGES SUCH NOBODY
CAN TELL THEM NOT EVEN THE
OTHER JUDGES. DISTRICT COURT
JUDGES ARE COUNTY COURT OF LAW.
JUDGES ARE UNABLE TO TELL THEM
HOW TO SET BAIL. A MAGISTRATE
CONSIDERS THE CHARGE WHETHER
THERE IS PROBABLE CAUSE
POTENTIAL THREAT TO COMMUNITY
SAFETY AND THE SUSPECT CRIMINAL
HISTORY IN APRIL TWENTY-TWENTY
TO THE STATE BEGAN REQUIRING
THAT A PERSON’S PREVIOUS
RUN-INS WITH THE LAW ARE
DETAILED IN THE STATEWIDE
PUBLIC SAFETY REPORTS SYSTEM.
THE PUBLIC SAFETY REPORTING
SYSTEM IN WHICH EVERYBODY IS
CRIMINAL HISTORY UPON ARREST
ANYWHERE IN THE COUNTRY,
THEY’LL IS THE DOLLAR AMOUNT
THAT SUPPOSED TO ENSURE SOMEONE
SHOWS UP IN COURT OR SOMEONE
PAYS OUT OF POCKET, USUALLY
PAY IN WHAT WE CALL A CASH
BOND.
♪
BOND. ♪ >> SO THEY’RE PAYING 100%
OF THE BOND HIM OUT AND THEY’RE
PROMISING THAT.
THAT WHOLE CASH THEM OUT TO
THE COURT IF THEY FAIL TO PAIR,
IF THEY SHOW UP WHEN THEY’RE
SUPPOSED TO WHOMEVER PAIN, THAT
BOND GETS THE MONEY BACK.
IF A PERSON USES A BAIL BOND
COMPANY, THE BONDSMAN IS
HOSTING A PROMISE, A BOND, A
PROMISE TO PAY THE FULL AMOUNT
IF YOU FAIL TO SHOW BUT YOU’RE
ONLY PAYING HIM LIKE A PREMIUM
ON AN INSURANCE POLICY. USUALLY
AROUND 10%. SO A SUSPECT HAS
BEEN THEIR BAIL HAS BEEN
DETERMINED. THEY KNOW WHAT
CHARGES THEY’RE FACING. NOW,
WHAT IS LAW ENFORCEMENT TASKED
WITH BEFORE THEY QUOTE,
UNQUOTE, TURN THE CASE OVER
TO A D A S OFFICE? I WOULD SAY
AT THAT POINT THE CASE HAS
ALREADY BEEN TURNED
OVER TO THE DA’S OFFICE AND
THAT’S TYPICALLY WHEN OUR PART
OF THE
PROCESS BEGINS.
>> THE THINKING IS THERE IS
ENOUGH EVIDENCE TO CHARGE THIS
PERSON TO THE CRIME. THAT IS
WHY THE PERSON WAS ARRESTED IN
THEORY IN THE FIRST PLACE.
WHO DECIDES WHAT CHARGE A
PERSON IS FACING? WELL,
INITIALLY LAW ENFORCEMENT WILL
COME IN WITH THE PRISONER.
I’M ALREADY HAVING A PARTICULAR
CHARGE IN BLIND AND WE WILL
REVIEW THAT AND YOU AGREE OR
DISAGREE. THERE ARE 2 TYPES OF
LOCAL COURTS IN WHICH CASES
CAN BE PROSECUTED. A COUNTY
COURT AND THE DISTRICT COURT
COUNTY COURT AT LAW HANDLES
MISDEMEANOR CASES IN THE STATE
OF TEXAS. THOSE ARE CLASS B AND
CLASS A MISDEMEANOR FOR
SOMEBODY TO GO TO JAIL FOR UP
TO A YEAR.
>> A DISTRICT COURT IN TEXAS
HAD A FELONY CASES WHICH
STARTED THE DEATH PENALTY LEVEL
OF CAPITAL CASES ON DOWN THE
STATE JAIL FELONIES. THE FELONY
CASES REQUIRE AN INDICTMENT
FROM A GRAND JURY WHICH IS MADE
UP OF LOCAL RESIDENTS SIMILAR
TO A TRIAL JURY AND INDICTMENT
BEATS THAT JURY BELIEVES THERE
IS ENOUGH EVIDENCE FOR THE CASE
TO MOVE FORWARD. IF THE PERSON
IS CHARGED WITH A FELONY AND
HE DOESN’T
BOND OUT.
>> WE HAVE 90 DAYS TO PREPARE
THE CASE FOR ENVIRONMENT.
IF THOSE 90 DAYS PASS WITHOUT
AN INDICTMENT, THE DEFENDANT
CAN ASK FOR LOWER BAIL. IF THE
PERSON DOES BOND OUT OF JAIL.
THE TIMELINE FOR INDICTMENT IS
MUCH LESS BLACK AND WHITE.
SO IT COULD BE UP TO A YEAR
DEPENDING ON HOW LONG THE TERMS
ARE. A SUSPECT WHO HAD NOT BEEN
INDICTED IN AN 11 MONTH-OLD
CASE WAS ACCUSED OF SHOOTING
3 SAN ANTONIO POLICE OFFICERS
IN LATE AUGUST, THOUGH,
SHOOTING SET OFF A TENSE BACK
AND FORTH BETWEEN SAPD AND THE
BEXAR COUNTY DA’S OFFICE THAT’S
PLAYED OUT OVER SEVERAL WEEKS.
I ASKED THE SAN ANTONIO POLICE
DEPARTMENT FOR AN INTERVIEW
ABOUT THEIR ROLE IN THE
CRIMINAL JUSTICE PROCESS.
THEY DECLINED.
>> BUT HERE’S WHAT THE POLICE
CHIEF TOLD KSAT IN A PREVIOUS
INTERVIEW THIS MONTH. WHAT IS
THE PROCESS? ONCE THE CASE GOES
FROM THE OFFICE TO IS THERE FOR
ALL OF THIS OF COMMUNICATION
UNTIL IT GOES TO TRIAL.
>> THEY’RE SUPPOSED TO BE.
THEY’RE SUPPOSED TO BE.
>> THE BEXAR COUNTY DISTRICT
ATTORNEY’S OFFICE HAS ITS OWN
INVESTIGATORS. THEY TIMES WILL
HAVE
>> TOGETHER SOME OF THE
EVIDENCE IT MAY BE MISSING.
THEY MAY HAVE TO LOCATE
WITNESSES. SOMETIMES THEY WHAT
THEY HAVE TO DO IS TRANSPORT
WITNESSES TO COURT. JESSE
GARCIA WAS INDICTED IN THAT 11
MONTH-OLD CASE 2 WEEKS AFTER HE
WAS ARRESTED FOR ALLEGEDLY
SHOOTING THOSE 3 OFFICERS.
HIS BOND HAS BEEN REVOKED ONCE
A SUSPECT IS INDICTED,
PROSECUTION CAN THEN PROCEED.
BUT HOW THAT CASE PROCEEDS WILL
THE DEFENSE AGAIN, THAT
DEPENDS. IT JUST DEPENDS ON THE
NATURE OF THE CASE AND WHAT
KIND OF CASE WE’RE TALKING
ABOUT A LITERAL CASE-BY-CASE
BASIS. EVERY CASE COMES WITH
ITS OWN CIRCUMSTANCES.
WITNESSES AND EVIDENCE AND
TECHNOLOGY IS MAKING THAT A
DOUBLE EDGED SWORD. SOMETIMES
THERE ARE HOURS OF FOOTAGE FROM
BODY CAMERAS, SURVEILLANCE
CAMERAS, EVEN DOORBELL CAMERAS
THESE DAYS. AND SOMEONE HAS TO
REVIEW THAT.
>> IN THIS PROCESS, SOMEONE’S
LEGAL OPINION WEIGHS HEAVILY
EVERY STEP OF THE WAY. IT
STARTS WITH THE DISCRETION OF
LAW ENFORCEMENT. WE
INVESTIGATE. WHO DO WE DECIDE
TO ARREST THE DISTRICT
ATTORNEY’S OFFICE HAS A
DISCRETION AS TO WHAT CASES
THAT THEY’RE GOING TO SUFFER
FROM THE POLICE.
>> WHEN THEY EXCEPT THOSE CASES
FROM THE POLICE, HOW THEY FALL
THOSE CASES AND A JURY, YOU
HAVE TO CONVINCE 12 PEOPLE
CHOSEN FROM THE COMMUNITY THAT
SOMEONE IS GUILTY. ULTIMATELY
OPINION IS HUGE. THE INDIVIDUAL
BODY THAT HAS THE MOST
DISCRETION WITHIN THE SYSTEM IS
REALLY WITHIN THE DA’S OFFICE.
>> THE DISTRICT ATTORNEY TOLD
ME HIS INVESTIGATORS DO WORK
WITH SAPD INVESTIGATORS AND
THAT HE AND THE POLICE CHIEF
ARE HAVING CONVERSATIONS.
GONZALES ALSO SAID THAT HE
FEELS LIKE HIS OFFICE HAS MADE
IMPROVEMENTS IN RECENT WEEKS
ON THEIR COMMUNICATION WITH
LAW ENFORCEMENT. NOW TO CHECK
OUT ALL OF OUR KSAT EXPLAINS
COVERAGE. YOU CAN SCAN THIS QR