|Attorney Ernesto Gamez, on the Right|
|Judge Rene De Coss|
Gamez made a 3914 motion to dismiss the charges against his client, that is, being responsible for an accident causing death. His initial contention that certain court orders had never actually been signed by Judge De Coss was met with firm words: "I've signed everything!"
|Marisa Govea Hernandez|
Gamez moved to his next point, involving a warehouse security video showing the accident, originally 3 days in length, but, while in Brownsville Police Department custody, inexplicably reduced to 30 seconds. The attorney, representing Marisa Govea Hernandez, claimed that the portion of videotape erased while under BPD custody would show an officer driving slowly later in the night after the accident with his "cop lights" shining on the east and west sides of FM 803. That missing tape evidence would show, in Gamez view, that the 911 call by Hernandez' son, a Cameron County sheriff's deputy, had resulted in an attempt to search for an animal or body. That, in Gamez' view, would was "mitigating evidence" that would have reduced his client's eventual sentence or even caused her not to be indicted as it could eliminate the aspect of "failure to render aid."
|Brownsville Police Detective|
After Gamez motion to dismiss was denied, he asked Judge De Coss to tell Ralph Tipton, the accident victim's husband, to stay out of his office.
"I find him rude and he puts fear into my staff," Gamez claimed, mumbling something also about urine.
Gamez claimed the District Attorney's office felt the same way.
De Coss replied: "Mr Gamez, you're an attorney and you know the legal remedy if you don't want Mr. Tipton in your office," obviously referring to a protective order.
At this point, lead prosecutor Oscar Guzman, from the District Attorney's office stood up: "Judge, no one is barred from the District Attorney's office."
Attorney Gamez' motion to dismiss the charges against his client, Marisa Govea Hernandez, was denied.