6 Investigates: Woman wants justice after years of court delays

6 Investigates: Woman wants justice after years of court delays

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CRIMINAL CASES ARE
STUCK IN NUECES
COUNTY COURTS. THE WAIT FOR
JUSTICE IS
AGONZING FOR THE
VICTIMS OF THOSE
CRIMINAL CASES. INVESTIGATIVE
REPORTER JESSICA
SAVAGE SAT DOWN
WITH A WOMAN
WHO’S WAITED
ALMOST FIVE YEARS FOR HER DAY IN
COURT. NEW 6 INVESTIGATES
FOLLOW UP ANIMATION
SHE SAYS IT’S
BECAUSE OF A DELAY
TACTIC USED BY THE
DEFENDANT. PKG
JESSICA
AMBER CERVANTES
WANTS CLOSURE. BACK IN DECEMBER
OF 2013 SHE
SUFFERED A
TRAUMATIC BRAIN
INJURY IN A CAR
CRASH. REMARKABLY, THERE ARE NO
VISIBLE SIGNS OF
HER INJURIES. BUT
HER INTERNAL
SUFFERING IS WHAT
MAKES LIFE THESE DAYS A STRUGGLE. 888SOT888
amber: I’m just in extreme pain. Since that crash, my pain level
on
a scale from one to 10. I’ve
been
living from seven to 10.”
THAT WAS AFTER SUSPECTED DRUNK
DRIVER SLAMMED
INTO HER DRIVER
SIDE DOOR … GOING
OVER 80 MILES PER
HOUR. RIGHT THERE, AT THE TOP LEFT OF
YOUR SCREEN – YOU
CAN SEE THE
MOMENT OF IMPACT. … ALL CAUGHT ON
CAMERA BY A POLICE
DASH CAM. THE
AFTERMATH WAS
EVEN MORE
DEVESTATING. FIRST RESPONDERS FOUND
AMBER PINNED IN
THE VEHICLE AND
UNCONSCIOUS. SOT
Cervantes: “I have no memory of
that event and I don’t even
really
know what I was doing out that
night.” POLICE ARRESTED
THE DRIVER… IDENTIFIED AS 24- YEAR-OLD HECTOR
DELANEY GARCIA. AND CHARGED HIM
WITH EVADING
ARREST. HE WAS
LATER INDICTED ON
TWO COUNTS OF
AGGRAVATED ASSAULT WITH A
DEADLY WEAPON. FOR THE CRASH
WHICH HAPPENED
NEARLY FIVE YEARS
AGO. SOT
amber: I just can’t believe that
it’s taken this long.”
AMBER’S CASE IS ONE
OF 67-HUNDRED
CRIMINAL CASES IN NUECES COUNTY
WAITING FOR
JUSTICE. 888SOT888
reporter: “That sounds like a
lot. But since we first told you
about
this problem more than a year
and a half ago – the caseload
has
dropped, significantly. At it’s highpoint – there were nearly
18,000 cases. Today- the
numbers show the District
Attorney’s Office is working
through those cases faster than
before.” SO WE ASKED THE
DA: WHY IS AMBER
STILL WAITING? SOT
melissa Madrigal, DA First
Assistant: “they are beyond our
control. We can object to the
continuance or allowing an
attorney to get off, but ultimately
the judge makes the decision.”
FIRST ASSISTANT D-
A- MELISSA
MADRIGAL MADE IT
CLEAR. 888SOT888
madrigal: Amber is going to have
justice.”
BUT CONTINUAL
COURT DELAYS HAVE
PUSHED THAT DAY OUT OF REACH. GARCIA IS ON HIS
4TH ATTORNEY. AND
COURT RECORDS
SHOW, EACH TIME,
THE 148TH DISTRICT
COURT ALLOWED IT. AND THEN DELAYED A
TRIAL DATE TO GIVE
GARCIA’S NEW
ATTORNEY MORE
TIME. 888SOT888
Amber: “That process worked for
him. It bought him more time.”
MORE TIME SPENT
OUT OF JAIL. COURT RECORDS SHOW
SINCE GARCIA WAS
INDICTED, HE’S BEEN
ARRESTED MULTIPLE
TIMES… FOR FAILING
TO SHOW UP TO COURT HEARINGS. AND NOT FOLLOWING
HIS BOND
CONDITIONS. IN
DECEMBER, HE WAS
RE-ARREST AGAIN –
THAT TIME FOR DRUG POSSESSION. BUT
THE COURT RE-
INSTATED GARCIA’S
BOND. AND HE’S
CURRENTLY OUT OF
JAIL. 888SOT888
Amber: “And, of course, I find
that problematic.”
IN THE END – AMBER
WANTS FAIRNESS. 888SOT888
amber: “I feel that he needs to
serve some prison time. Not a
long sentence. I would be happy
with three years, four years. I
think that that’s reasonable.” JESSICA SAVAGE, SIX
INVESTIGATES
OTS
JENNIFER
THE NEXT HEARING
IN THE CASE IS SEPTEMBER. THE D-
A’S OFFICE SAYS
THEY’RE READY. WE
CALLED GARCIA’S
ATTORNEY, BUT
NEVER GOT A CALL BACK. 2-SHOT

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