July 27, 2003
BARRY HALVORSON
Victoria Advocate
WHARTON - Local residents and representatives of several advocacy groups urged each other to take political action as they took part in the League of United Latin American Citizens march for "Justice and Dignity for Angela Nino" on Saturday in Wharton.
Among the groups represented at the march were LULAC, the American GI Forum, the American Civil Liberties Union and Mothers Against Drunk Driving. The march, attended by more than 50 people, started in Wharton's Riverside Park and proceed to the Wharton County Courthouse, where representatives of the various organizations made presentations.
The march was in protest of the sentence given to the driver of the pickup that struck and killed Nino, 13, along state Highway 60 in Lane City on Oct. 20, 2001. The driver fled the scene. In February of this year, the driver, David Ray Polak, 38, of East Bernard, received a sentence of two years deferred adjudication each on two counts of failure to stop and render aid.
LULAC District 10 director Benny Martinez said the sentence was too lenient and justice was not served by the court's decision. He added that he felt it wasn't the first time that had happened in Texas.
"This is not the first time a Hispanic has been killed and justice was not done," he said. "What happened to the Constitution, that part that demands 'justice for all'? When are we going to start receiving that justice?"
Wharton County District Attorney Josh McCown prosecuted the case, which was heard by District Court Judge Neil Caldwell. Caldwell later set the sentence. Nino's mother, Laurie Valdez, said that she though the court had not placed a high enough value on her daughter's life.
"Last week would have been Angela's 15th birthday," she said. "She wanted to be a lawyer. She wanted to be able to gain justice for all people. All I want is justice for her. After the trial, the judge told me what I wanted wasn't justice but vengeance. But what I'm seeking is justice. That isn't what happened in this case. But was it that my family was not wealthy enough, was not the right color or did not know the right people?"
Forty-two character witnesses appeared to support Polak during the punishment phase of the trial, but Valdez alleged that the judge advised her family not to bring anyone to court. Attorney Randall L. Kallinen, representing the American Civil Liberties Union, brought up the character witness issue. He also said that with deferred adjudication, the driver would have no conviction placed on his permanent record. Saying that he had serious concerns about what happened, Kallinen urged those gathered to use the political process to change the system.
"They are spending hundreds of thousands of dollars to restore the county courthouse behind us and make it beautiful," he said. "But with all those dollars spent, are you sure you're going to get any better justice there? There are many things you can do. You can vote with your dollars and vote with your vote. Take action to vote out those people that are not responsive to the needs of minorities. Donate money to the campaigns of those minority candidates and those candidates who are responsive to minorities. Tell the 18-year-olds to vote and tell them who to vote for in elections."
LULAC District 10 Deputy District Director Joe Cardenas also urged political action. A teacher with the Louise school district, Cardenas said that it was up to those attending Saturday's gathering to contact others and prompt them to action.
"When you leave here, spread the word," he said. "If you don't, what we did here was wasted. People need to be involved in the process."
Both Martinez and Richard G. Perez, the Second Junior Vice Commander of the American GI Forum for Texas, said that both groups are filing paperwork seeking to have the prosecutor and judge investigated for prosecutorial and judicial misconduct. Each also pointed out that their respective organizations would be following the progress of the investigation and trial involving a July 4 collision that resulted in the deaths of Jose Carmen Guevara, 13; Roger Ismael Guevara, 9; and Valentine Reyes, 22; all of El Campo.
While no alcohol-related charges were brought against the defendant, DPS Trooper Michael Hubenak did testify during the trial that there had been reports that the defendant had been drinking the day of the accident. MADD Victim Assistance Coordinator Zephree Brinson said that in cases where alcohol is suspected of being a contributing factor, her organization should be contacted.
"The largest component of our organization is providing victim services," she said. "We want MADD to be a forethought and not an afterthought. We want to get involved on the ground floor in cases like this."
The Houston Chapter of MADD, which includes Wharton County, can be reached by calling 281-364-0883.
# Barry Halvorson is a reporter for the Victoria Advocate. Contact him at 361-798-3888 or by e-mail at hvilladv@txcr.net.
This article is: http://www.chron.com/cs/CDA/story.hts/metropolitan/2013995