You are on page 1of 6

LIST OF REQUESTED DOCUMENTS SECOND TEXAS PUBLIC INFORMATION ACT REQUEST TO PRESIDIO COUNTY JUDGE PAUL HUNT FEBRUARY

24, 2014

1. A copy of the resignation letter submitted by Melaney Parker to her employers, Presidio County Health Services (PCHS), on August 7, 2013, as stated in the ruling of cause of death submitted by Cinderela Guevara (attached as Exhibit A): Ms. Parker submitted her resignation from the PCHS on August 7, 2013, the date of her death. The resignation letter which is referenced in the ruling does not exist and refers to a draft resignation letter emailed by Melaney Parker to her mother, Sylvia Parker, on the night of August 7, 2013, stating that she planned to resign on October 4, 2013. 2. Copies of all notes or records that would indicate the basis for an immediate determination of suicide in the death of Melaney Parker on August 8, 2013 An immediate determination of suicide was made on August 8, 2013 by Medical Examiner Juan U. Contin, M.D.s, Private Autopsy # 13-54, p. 1 (attached as Exhibit C) in which it was stated that According to investigation she intentionally placed herself in the path of the train. Additionally, in a telephone conversation with John Rayburn on August 10, 2013, Cinderela Guevara indicated that the death was due to suicide. 3. Copies of all notes or records by Cinderela Guevara upon her review of the Union Pacific Railroad video of Melaney Parker being struck by a train. The notes would indicate why Ms. Guevara was confused as to Melaney Parkers position; she stated to Melaney Parkers family several times and in front of her clerical assistant, a deputy sheriff and Chief Deputy Nunez on or about September 29, 2013, that Melaneys head was on the north rail and that her arms were crossed so that her hands were by her shoulders. This position is contrary to what is seen in the video. 4. Copies of all medical records regarding Melaney Parker obtained from any medical provider. Specifically provide records from PCHS, including any information or records from treating physicians, nurse practitioners, and any other PCHS personnel or staff, including administrators. Include all treatment notes or records regarding Melaney Parker taken on or after June 26, 2013 regarding her mental health. 5. Copies of any notes or records regarding any investigation by any law enforcement agency, specifically, the 83rd Judicial District Attorneys office or the Presidio County Sheriffs

Department, indicating investigation or knowledge of Melaney Parkers actions on the night of her death, prior to the video statement made by Sylvia Parker on September 16, 2013. The receipt retained by Melaney Parkers family, showed that Melaney Parker cashed out of the Lost Horse Saloon at 8:19 p.m. on August 7, 2013, was incorrect. The credit card register is always three hours and forty-two minutes slow in time, which would indicate that Melaney Parker left the Lost Horse after 12:00 a.m. Sheriff Dominguez did not know what time Melaney Parker left the Lost Horse Saloon and was first informed of this by Sylvia Parker on the morning of September 16, 2013, in her videotaped interview. 6. Copies of dispatch logs from Presidio County or Tri-County area 911 from August 7-8, 2013 This record would show when Sheriff Danny Dominguez received the 911 dispatch call regarding someone being struck by the train and his location upon receiving it. It would examine why he did not question or hear the stopping of the train at 12:23 a.m. on August 8, 2013 and why he responded to the sound of shots fired which commenced no earlier than 12:40 a.m., and provide insight as to why he would have known of the sound of shots fired and not the sound of the train stopping, as he told Cinderela Guevara, pursuant to her conversations with Sylvia Parker on September 3, 2013. 7. Copies of all recordings, photographs or videos, including any recordings taken by cell phone, of the areas surrounding the body of Melaney Parker on the morning of August 8, 2013 before three or more law enforcement vehicles drove over the incident site to light the area, showing that there were no drag marks, as stated in the ruling (Exh. A). 8. Copies of Presidio County Sheriff Department employee scheduling records August 7-8, 2013. Provide documentation of any employee trainings of the Presidio County Sheriff Department August 7-8 2013, and GPS data from all Presidio County Sheriffs vehicles on August 7 and 8, 2013, to indicate where the vehicles were on those dates and when they arrived at the scene. Although Deputy Sheriff Caesar Melendez was present for traffic control by approximately 2:00 a.m. on the morning of August 8, 2013- Jesse Parker, Byron Ellington and Paul Graybeal were told by Sheriff Danny Dominguez on the morning of Friday, August 9, 2013 that no deputies were available to assist in the incident of Melaney being struck by the train because they were all in training. Sheriff Danny Dominguez hired Presidio County Sheriff Deputies to work part-time for his security company, which provided security to the Village Farms Tomato Plant in Marfa, Texas, among other businesses in the area. 9. Copies of all tests and results procured from evidence, specifically on Melaneys Android phone and other personal belongings including her purse and eye glasses.

The purse strap appears to have been torn from the purse on one side and the broken left half of Melaneys eye glasses (which she could not have been wearing, due to the reports of the video and the ruling stating that she was lying on her left side with her head on the tracks), found by her family between the rails of the track approximately fifteen to twenty feet east of where her body was struck by the train, and given to Kevin Ficke by Sylvia Parker (none of which evidence had any visible indication of blood or tissue or dirt on them). Where is the record which shows a search was made for the other half of Melaneys eye glasses? Melaney Parkers family retains these items. 10. Copies of Border Patrol Agent notes or statements, or any other person assisting the sheriff the morning of August 8, 2013. Kevin Ficke had a conversation with John Rayburn on the morning of October 3, 2013. In the conversation he alluded that John Rayburn told an agent on the morning of August 8, 2013 that Melaney had texted or called John the night of August 7, 2013 and said she was going to kill herself. John Rayburn told Mr. Ficke on October 3, 2013 that he had never made this statement to anyone. 11. Copies of subpoenas to Verizon Wireless of Melaney Parkers text and phone call records Copies of the subpoenas would indicate when the text messages and voice calls on Melaney Parkers phone were requested by Sheriff Danny Dominguez, Rod Ponton or any other agents. Voice call records were provided to Rod Ponton by Melaney Parkers family in September 2013. Why were these records not requested earlier? 12. Copies of all communications between Cinderela Guevara and Rod Ponton regarding the determination of cause of death of Melaney Parker, and specifically, when the decision was made to conduct the secret inquest to determine the cause of death of Melaney Parker. Communication would suggest if the decision was directly correlated to the publication of an article in the Big Bend Sentinel on October 3, 2013 in which Sylvia Parker states she is dissatisfied with the lack of investigation. 13. Copies of all communications and records which document Cinderela Guevaras determination to have a toxicology report conducted. Ms. Guevara requested a toxicology report rather than a full autopsy; it is unclear how she based her decision to not request an autopsy. Ms. Guevara did not communicate with the Parker family until the family requested a meeting on Monday, August 12, 2013. During the meeting, she disclosed that she had requested a toxicology report; however the family was unaware that she had not ordered an autopsy. A representative from Union Pacific Railroad indicated to the Parker

family that they would have paid for an autopsy if they had known Ms. Guevara had not ordered one. 14. Copy of the evidence reports and records presented to Texas Ranger Rick Vajdos, Alpine, Texas from Kevin Ficke. Debi Ballard, a friend of the Parker family, called Texas Ranger, Rick Vajdos on October 16, 2013 to inquire about the progression of the case. Ranger Vajdos reported to D. Ballard that he had seen binders full of evidence regarding the investigation of Melaney Parkers death as shown to him by Kevin Ficke. 15. Copies of all Border Patrol Agents photographs taken on August 8, 2013 Cinderela Guevara made statements to Melaney Parkers family that there were photographs taken by Border Patrol agents of the site and the evidence the morning of August 8, 2013. (Tex. Government Code, Section 552.1085). The photographs may indicate the locations of the purse, the Android phone and Melaneys amputated arm and their relative positions to the train tracks. 16. Copies of any information or records to show what Presidio County or other government vehicles were present and in use between August 8, 2013, and August 12, 2013 by the site of where the UPRR train struck Melaney Parkers body. In the days after the incident of her death, Melaney Parkers family and other witnesses saw Dually tracks left by a truck by the site of where the UPRR train struck Melaney Parkers body. 17. Copies or records of Presidio County Sheriffs Department official standard operating procedure in handling a crime scene. Provide information in regard to their standard operating procedure as to why, when and how a crime scene is created and investigated. Provide records of how the scene of the incident on August 8, 2013 was defined and determined. The site where the UPRR train stuck Melaney Parkers body was never designated as an investigation scene or taped off as a crime scene by the Presidio County Sheriff Department. After the incident, no effort was made to collect further evidence. 18. Copies of statements gathered by Dr. Paul Ou from Melaney Parkers co-workers in regard to her demeanor on August 7, 2013. Sylvia Parker requested that Dr. Ou collect statements from Melaney Parkers co-workers regarding their impressions of her demeanor the day of August 7, 2013. Melaney Parkers supervisor, Flor (last name unknown) purportedly hated Melaney and tried to find fault in her where there was none. Sylvia Parker reported this sentiment to Rod Ponton in an email (attached

as Exhibit D). Allegedly a statement was made by a co-worker who described Melaney Parker as out of it that day. 19. Copies of all documentation authored by Melaney Parker in a journal, notes, etc. which reference suicide. Although the family searched for evidence of previous mention of suicide or expressions of a suicidal mental state in Melaney Parkers writings, no notes or copies were taken or requested by anyone in any of the investigation. In fact, the family found writings which expressed the opposite of a suicidal state. Although Kevin Ficke asked John Rayburn If Melaneys journal denoted depression, he did not ask about counter emotions including optimism or positivity. John confirmed entries which contemplated suicide, but notably the entries were concluded with a denouncement of the ideas as she loved people too much to hurt them. 20. Copies of statements, written or otherwise recorded and submitted to Sheriff Danny Dominguez or Rod Ponton by: Rose Anderson Lewis, Kaki Auftengarden, Carlos Lujan, Jr., Yvonne Beltran, Ryan Penland, J. D. Garcia, Joel Rodriguez, Sylvia Parker, or any other person in regard to the investigation or as witnesses. Provide all notes made by the Presidio County Sheriff Department or any agent of the 83rd Judicial District Attorneys office in regard to these statements or any other witnesses who provided information to the sheriffs department regarding the death of Melaney Parker. Statements indicate that Melaney Parker was dancing, talking about her future plans, flirting with her husband, and enjoying the band on the night of August 7, 2013. The witness testimonies negate that she seemed depressed or suicidal the night of her death. 21. Records of allegations or complaints against Presidio County Deputy Sheriff Mitchell Garcia In April of 2013, Melaney Parker expressed to her father, Robert Parker, that she was followed by Deputy Sheriff Mitchell Garcia and felt threatened by him. This information was later reported to deputies by the Parker family. According to firsthand accounts, other women in the community have experienced similar pursuant behavior by Deputy Sheriff Mitchell Garcia, including Kaki Auftengarden, Genevieve Galloway, and Lena Spurgin. Have there been official investigations into these complaints/claims by the Sheriffs Department; what action has been taken? (Notably, the editor of the Big Bend Sentinel stated to Sylvia Parker that he personally knew of six women who were followed by Deputy Sheriff Mitchell Garcia in a threatening manner, as it is common knowledge in the town of Marfa, Texas. Another note: Marfa residents have observed that Deputy Garcia no longer parks his vehicle outside of local bars to watch patrons leave at closing, as was his common practice prior to the date of Melaney Parkers death.) 22. Copies of the five or more video recorded statements and respective transcripts taken by Sheriff Danny Dominguez, as stated by him during the video recorded interview of Sylvia

Parker on the morning of September 16, 2013, including the video recordings of John F. Rayburn, Ty Mitchell, Genevieve Galloway, Sylvia Parker, or any other person. (Tex. Criminal Code, Chapter 49, Article 15(b)(5)) 23. A list of all records, statements and evidence retained or reviewed by Cinderela Guevara, pursuant to Texas Criminal Code, Chapter 49, Articles 15 through 17, regarding the death of Melaney Parker on August 8, 2013. 24. A list of all determinations of death by Cinderela Guevara, in her capacity as Justice of the Peace, Precinct 1, Presidio County, Texas, on all unattended deaths in Presidio County during the last twenty-two years, including all deaths determined to involve being struck by a train, and including the records kept on the determination of death in those cases. After speaking with several lifelong Marfa residents, Sylvia Parker found that there appeared to be an unusual number of unattended deaths that were all declared suicides, in Marfa, Texas, over a period of twenty to thirty years, most receiving no news coverage, and appeared to be exclusively in the Hispanic community.

You might also like