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### Case 5:13-cv-00152 Document.4 Filed 04/01/2013CPage 1 of 7 

### UNITED STATES DISTRICT COURT WESTERN DISTRICT ofTEXAS SAN ANTONIO DIVISION REYNALDO FLORES, # 

### 961543, Plaintiff


### v. § 

### § § 

### § § § § 

### SAN ANTONIO POLICE DEPARTMENT, 

### § BEXARCOUNTY §**·~** 

### .DISTRICT ATTORNEY OFFICE, § 

### BEXAR COUNTY ADULT § 

### DETENTION CENTER, § 

### Defendants § 

### § SHOW CAUSE ORDER Civil Action No. SA-13-CA-152-XR

Before the Court is Plaintiffs 42 U.S.C. 

### § 1983 civil rights complaint. Plaintiff is incarcerated in the Bexar Cotmty Adult Detention Center. Plaintiff alleges the following. On December 29, 2011, Plaintiff was arrested without probable cause. He was charged with aggravated kidnaping and sexual assault. Police officers searched his dwelling and took one ofhis a vehicle, legal documents, construction equipment, and software information. Plaintiffcontends the officers acted in complicity with the alleged victim to steal**mor~** tha"l $1,250,000 in bek·ngin;;s frcm Plaintiff's**dweilin~~** and st.:.;rage \.liltL Plaintiff contends the following police officers were involved in the arrest and 

### in the search and seizure: Detective R. Vara, Detective Valadez R., Sergeant W. McCourt, Sgt. Porter, OfficerDavid Berman, Officer B. Moen, and Officer M. Blanquis. Plaintiffasserts the charges were false. He claims the Bexar County District Attorney Office and Chris Martino acted in collusion with appointed counsel to try to coerce Plaintiffinto pleading guilty for a IS-year sentence. He claims they knew he was .

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### Defendant: REYNALDO FLORES JN #: 1501454-1 DEFENDANT'S COPY
Address·
.SAN ANTONIO, TX Complainant: Myra Rubio CoDefendants: Offense Code/Charge: 100110- AGGRAVATED KIDNAPPING GJ: 548361 Court #: :)

# qQ+h PH Court: 290 SID #:961543 Cause#: Wit_ness: State's Attorney 

# 2012 TRUE BILL OF INDICTMENT 

# FILED i I 1--- O'CLOCK,___--!-! M 

### MAR 0 1 ZUll / DONNA KAY**MQKINN~** DISTRICT**CLER~.**

### j BEXAR COUNTY,**T~S ·~·** 

; I 

## CR-196Q

I IN THE NAME AND 

### BY AUTHORITY OF THE STATE OFTEXAS, the Grand Jury of BeKar County, 'State of Texas, duly organized, empanelled and sworn as such at the January term, A.D., 2012, of the

### ;;~.C1f0 

## -ttl. Judicial District Court of said County, in said Court, at said term, do present in and to said Court that in the County and State aforesaid, and anterior to the presentment of this indictment:

· Count I Paragraph A on or about the 23rd day of December, 2011, Reynaldo Flores did intentionally and knowingly abdu1 another person, riamely: Mayra Rubio, with intent to inflict bodily injury on Mayra Rubio or with intent to viol e or abuse Mayra Rubio sexually;
. 1. ' Paragraph 

### B ·· 

# I
I

. I on or about the 23rd day of December, 2011, Reyrialdo Flores did intentionally and knowingly abduc/t another person, namely: ·Mayra Rubio, with intent to**terrori~e** Mayra Rubio; Count 

### II

. i

### onorabo~~e23~day~~m~~~~~--=· intentionally and knowingly cause the penetration of**th~** female sexual organ of Mayra Rubio, hereinpfter referred to as complainant, by the finger of the defendant, .sail:) act having been committed without**t~e c~ns** **n~** of the complainant, in that the defendant compelled the complainant to submit and participate by**thel~e ~** 

### ~ 

# W/ physical force or violence;
. ·**~i**

· Count Ill : / 

### ! on or about the 23rd day of December, 2011, Reynaldo Fibres, hereinafter referred to as defendant, 1 did intentionally, knowingly and recklessly cause bodily injury to Mayra Rubio, a member of the defendaTt's family or househoJd, .hereinafter referred to as complainant, by striking the complainant with the hand of the defendant and by scratching the complainant with the hand of the defendant;
. ' 

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-- the jobs, finishing the jobs, whatever they 2 pay him from there, with that they were supposed to 3 pay we were supposed to pay the rent and the amount 4 to the workers. 5 And he was the one that wanted me to be iQ charge of the company, but I didn't have the means**o~** 7 the knowledge to do that. 8 Q. Isn't it true you actually profited over 9 $15,DOO while running his business? 10 MR. DEMARTINO: I'm going to object to 11 relevance, Judge. 12 THE COURT: Sustained. 13 Q. (BY MR. EASTLAND) And while he was in custody, 14 do you remember who claimed all three vehicles and all 15 the equipment? 16 MR. DEMARTINO: Objection, relevance. 17 THE COURT: Overruled. 18 THE WITNESS: Well, the pickup was just a 19 pickup that was still being owed to
-- to the man and 20 they still owed two months of payments on the truck. 21 And the tools, those were just a couple of 22 tools that he would use in the cabinets. And I took 23 them and I took them home. 24 MR. EASTLAND: No**furthe~** questions, Your 25 Honor. DEBRA JIMENEZ, CSR 290TH JUDICIAL DISTRICT COURT 210.335.1236

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### No. 2012CR1969 INCIDENT NO./TRN: 9110859780 Count II

THE STATE 

### OF TEXAS 

### vs. REYNALDOFLORES STATE ID No.: 8724279 § § § § § § § 

### IN THE 290TH DISTRICT COURT BEXAR. COUNTY, TEXAS


### JUDGMENT OF ACQUITTAL BY COURT Judge Presiding: Attorney for State: Charged Offense: sexual Assault .Charlting Instrument: HON. MELISA CSKINNER CHRISTOPHER WILLIAM DEMARTINO

Count II 

### OF THE INDICTMENT. Plea to Offense: NOT GUILTY Datejudgment Entered: Attoriioy foi;**Defend~tnt:** Date ofAcquittal 11,26·2012 Statute for Offense: 22.0ll(A) PC Foreperson:. Jodee Gilmore 11·26·2012 DOUGLAS J KAPPMEYER

All pertinvnt infonnalion, names and &88el8monts indicatsd above areinc:Orporatsd illto the language o£thejudgment below by rararence. This cause was called for trial in Bexar County, Texas. The State appeared by her DistrictAttorney. Counsel I Waiver ofCounsel (select one) 

### 0**Def~ndant** appeared in person with Counsel. 

### 0 Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in writing in open court. It appeared to the Court that Defendant was mentally competent and had pleaded as shown above to the charging instrument. Both parties announced ready for trial. Defendant waived tbe right or trial byjut·y and entered the plea indicated above. The Cou1't received the plea and entereditofrecord. Having heard the evidence submitted, the Court FINDS Defendant NOT GUILTY qfthe charged offense. 'l'he Cour:t ORDERS, ADJUDGES, AND DECREES that Defendant ia NOT GUILTY ofthe charged offense. The Court FURTHER ORDERS Defendant immediately discharged.
.

Clerk: 32809 

# llllllllllllliiUIIDII DC2012CR1969



### 104 OR!O!NAL JUDGE PRESIDING MELISA CSKINNER 290TH DISTRICT COURT BEXAR COUNTY, TEXAS

20 12CR 1969·ACQCRT Page I of I

### FIND A LAWYER { Backto Search Results }

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Mr. George Albritton Eastland

· Bar Card Number: 24050547 WorkAddress: 921 S Saint Marys St Ste 2 SanAntonio, TX 78205-3452 Work Phone Number: 210-227-9800 Primary Practice Location: SanAntonio ,. Texas

In cooperation**"~tb**

LICENSE INFORMATION Bar Card Number: 24050547 11/04/2005 Texas License Date:

PRACTICE>INFORMATION Firm: Firm Size: Occupation: Practice Areas: Services Provided:

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### ~ " \ 38 1 Against Mayra Rubio, used or attempted use of force you 2 will find the defendant not guilty of felony. assau1;. 3 I'm making those corrections. Other than those 4 corrections, does the State have any object to the 5 charge? 6 7 8 

## @ 10 11 12 13 14 //15 16 17 18 19 20 21 

# @ 23 24 

# @ MR. DEMARTINO: No objections, Your Honor. THE COURT: All right. Now, the defense? MR. EASTLAND: Yes, Your Honor. And before we make those formal objections I'd like to make a motion for directed verdict.**------~** All right. /**~** And based on? MR. EAS**TLA~:** Based on that hardly a scintilla**~~**...."'" presented to convict Mr. Flores of these three charges. THE COURT: Of each of the charges? MR. EASTLAND: Of each of them. THE COURT: And that will

## be~denied~ Now, did you have a request for the charge, and I will note for the record that the Court on its own has included, based on the defendant's testimony, unlawful restraint and necessity as a justification. Other than those additions to the charge, do you have any other request? MR. EASTLAND: We have no objection to the unlawful restraint. We are formally objecting to the DEBRA JIMENEZ, CSR 290TH ,TUDIC:IAL DISTRICT COURT 210.335.1236

### 1ft-50061



### Mr. Reynaldo Flores 

### #1912036,#961543 CID Garza West Transfer-Facility

- -- -------- ----

_________ ____425_0_Bighway 

### 202

-- ---- -- ------- --Beeville, TX 781 

### 02-0000

·- ..... -····--·-···---·-····---------·----------··-·········· ... ····-···· . .. 

### --------------------------------------------------------------------------------------------------------------------------------------------------·
TDCJ

- INSTITUTIONAL DlVISIDN 

### OFFICIAL LAVIN PASS**f-~Df·1** IN I ET RPT I VE EFFECTIVE DATE; 05/29/2014 

### FROM-TO TIME: 07:00-08:00 

### START DRTE: 05/29/2014 END DATE: 05/29/2014 

### ADMIT: 01912036 FLORES,REVNALDO



### REASON: 7:00 MAILROOM HOUSE: E4·-049T**EDUC~**



### TITLE: COUNTROOM/ .... 

# United States Court of Appeals

LYLE W. CAYCE CLERK



### Mr. Reynaldo Flores FIFTH CffiCUIT OFFICE OF THE CLERK



### May 06, 2014 · TEL. 504-310-7700
· 600 S. MAESTRI PLACE NEW ORLEANS,LA 70130**~~-=o===o=.coc==-#--1-9:1-2-Q3·6.,--** -#-9 6154 3 

### CID Garza West Transfer Facility 4250 Highway 202 · Beeville, TX 78102-0000 No. 14-50061

Dear Mr. Flores, Reynaldo Flores v. San Antonio Police Department, et al USDC No. 5:13-CV-2

The district court denied you in forma pauperis (IFP) status under 28 U.S.C. § 

### 1915(a) (3) and FED R. APP. P. 24 (a). You have 30 days from the date of this letter to pay the full $505.00 fees to the**distric~** court clerk, 

### or to challenge the district
.. court's denial of IFP status. If you challenge the decision, you must apply to this court for IFP and include a brief supporting your position. Your brief may only discuss the reasons why you think the district court's denial of IFP was wrong. If you do not pay the full fees or file a motion and brief with this court, we will dismiss your appeal without further noti.ce, 5TH.CIR. R.**42~3.** 

### Sincerely, LYLE W. CAYCE,**Cler~**



## .(Y)OJ-_(J**~o.J.** By: Mary C. Stewart, Deputy Clerk
.. 504-310-7694. --......\

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