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Filed sor122018 4:01 PMA se Degoodo Sh Ck Wetb Det Cause No. ‘prac vsooz03s02 EX PARTE 7 IN THE DISTRICT COURT § JUDICIAL DISTRICT § JUAN DAVID ORTIZ § WEBB COUNTY, TEXAS \TION F< OF HABI IRPUS SEEKIN iL REDU! TO THE HONORABLE JUDGE OF SAID COURT: Now comes JUAN DAVID ORTIZ, Defendant, by and through attorney of record, and makes this Application for Writ of Habeas Corpus Seeking Bail Reduction, and for good cause shows the following: Ae JUAN DAVID ORTIZ is illegally confined and restrained of liberty by the Sheriff of Webb County, Texas in the Webb County Jail in Laredo, Texas in lieu of a bond in the amount of $2,500,000.00. JUAN DAVID ORTIZ is charged with Murder F/1 (4 Counts), Uniawful Restraint: Expose to SBI, F/3, and Aggravated Assault WiDeadly Weapon, F/2, all charges have a bond amount of $500,000.00. 2. JUAN DAVID ORTIZ's detention is illegal because confinement and restraint without probable cause is a violation of the Fourth and Fourteenth Amendments to the United States Constitution, and Article |, § 9 of the Texas Constitution. 3. JUAN DAVID ORTIZ's confinement and restraint is illegal because bond is excessive, oppressive and beyond the financial means of JUAN DAVID ORTIZ, in violation of the Eighth and Fourteenth Amendments to the United States Constitution, Article 1, §§ 11, 13 and 19 of the Texas Constitution, and Articles 1.09 and 17.15 of the Texas Code of Criminal Procedure. 4 JUAN DAVID ORTIZ's confinement and restraint is illegal because of the cruel and unusual punishment defendant is being subjected to at the Webb County 10f9 ‘Jose SALVADOR TELLEZ II, P.C. Jail. Defendant has been held in a padded cell since September 15, 2018. Defendant has further been held without any clothing. Numerous phone calls have been made by Applicant's attorney to the Webb County Jail requesting a change in the defendant's incarceration conditions with no change. ‘The cruel and unusual punishment clause also applies to conditions of incarceration. Prison officials may not deprive inmates of “the basic necessities of life, which include reasonably adequate food, clothing, shelter, sanitation, and necessary medical attention.” (Newman v. State of Alabama, 559 F.2d 283 (6th Cir, 1977).) Nor tay they ‘maliciously and sadistically” use force to harm inmates. (Hudson v. McMillian, 503 U.S. 1 (1992). Defendant has further been subjected to the following conditions mentioned in the attached Affidavit, Exhibit “K. JUAN DAVID ORTIZ respectiully requests this Court to grant an evidentiary hearing and, after receiving evidence, to release JUAN DAVID ORTIZ from unlawful incarceration, based on the absence of probable cause. JUAN DAVID ORTIZ further respectfully requests the State to produce any and all documents, evidence, and witness lists, including but not limited to any purported statements made by JUAN DAVID ORTIZ to any law enforcement agent, to his attorney prior to the hearing in order to properly prepare for said hearing. In the altemative, JUAN DAVID ORTIZ respectfully requests this Court to conduct an evidentiary hearing and, after receiving evidence, to reduce the amount of bond to a reasonable amount in order that JUAN DAVID ORTIZ will have an opportunity to obtain release from incarceration pending tral. WHEREFORE, PREMISES CONSIDERED, JUAN DAVID ORTIZ prays that the 209 Jose SALVADOR TeLtxz II, P.C. Court grant and issue a Writ of Habeas Corpus to the Sheriff of Webb County of Webb County, Texas, directing and commanding production of JUAN DAVID ORTIZ before this court instanter, or at such time and place to be designated by this Court, then and there to show cause, if any there be, why JUAN DAVID ORTIZ should not be discharged from such illegal confinement; or that JUAN DAVID ORTIZ be allowed bail in a reasonable amount. JUAN DAVID ORTIZ further prays that immediate bail be allowed in a reasonable amount, conditioned that JUAN DAVID ORTIZ appear at the hearing to await further orders of the Court. Respectfully Submitted, By: (sf Joey Teles Jose SALVADOR TeLLez It Attorney for Juan David Ortiz: State Bar No: 24038076 1000 Washington Street, Suite 4 Laredo, Texas 78040 Tel: (956) 717-8200 Fax: (888) 200-0725 Email: joeytellez@telleziaw.com Email: melissa@tellezlaw.com Email; annette@telleziaw.com CERTIFICATE OF SERVICE This is to certify that on October 12, 2018, a true and correct copy of the above and foregoing document was served on the District Attorney's Office, Webb County, by fax to (956) 523-5070. ‘sl Joey Teller Jose SALVADOR TELLEZ II 30f9 ‘Jose SALVADOR TeLLE2 11, P.C.