1 Paso County - 34th District Court Fl 82472022 855 AM ‘Norma Favela Barcoleau Dist Clerk 1 Paso County "202200V2472 INTHE JUDICIAL DISTRICT COURT EL PASO COUNTY, TEXAS. THE STATE OF TEXAS EX REL, OMAR CARMONA. Relator-Plaintitt 20220€V. YVONNE ROSAl In Her Official Capacity as District Attorney of the 34% Judicial District Respondent-Defendant PETITION TO REMOVE, DISTRICT ATTORNEY OF THE 34" JUDICIAL DISTRICT. ‘YVONNE ROSALES AND JURY DEMAND. TO THE HONORABLE DISTRICT JUDGE OF THIS COURT: COMES NOW, fhe STATE OF TEXAS, by the relation of OMAR CARMONA (Carmona”), and files its Petition to Remove Distriet Attomey Yvonne Rosales and Jury Demand aghinst Respondent-Defeadant YVONNE. ROSALES (“Rosales”) in her oficial capacity as Distiet Atorney of the 3 Judicial District, seeking Rosales’s removal from her public office ‘pursuant to Chapter 87 of the Local Government Code, and in support would respectflly show as follows: DISCOVERY CONTROL PLAN 1, Discovery willproceed under a Level 3 discovery control plan a set out in Texas Rall of Civil Procedure 1904. PARTIES,‘Omar Carmone isa resident of EI Paso County, Texas. Carmona has resided in E1 Paso ‘County continously since at fast 2007, Pursuant to Loeal Government Code section 87.018, Cannona sating inthe capacity of relator in ths ation being brought by the State of Texas. As rquired by Local Government Code seston 87.015(b), Carmona isnot nor as he ever been under inditment for any'crimein any jursdieton. Defendant Yvonne Rosales is the current elected District Attorney forthe 34 Judicial Distt, having been duly elected to that positon in 2020. Rosas resides in El Paso ‘County. Rosas may be served with citation at her plaeeof employment atthe Distt Aomney’s Off, 500 E, San Antonio Ave. 2 floor, El Paso, Texas, 79901 JURISDICTION AND VENUE Pursuant 1 Te:as Local Government Code section 87.015, this caus is being filed in the county of Rosle’ residence ‘Th subjot materi within thejurisdition of his cour. All pate re subject to this court's persona jurisdiction, FACTS Rosales isthe curent elected Distt Atorney forthe 34% Judicial District serving El Paso County, Hudspeth County and Culberson County, Texas. She was duly elsted to herpostion in 2020 and sworn in January. 202) Under Texas law, a Texas distctattomey is responsible for representing the State in all criminal cass in he district courts of her district, and in appeals therefrom, During al relevant imes, Rosales committed he following unlafl actions 8, Unexplainble Decline in Criminal Case Filingsi, Im Rosales's fist year as District Attomey, she filed approximately 60% fewcr felony and misdemeanor assault cases against alleged abusers, despite an ever ise in family violence arrests within the city of El Paso. Ji, In 2021, E1 Pasoans made approximately 26,000 cals to police regarding domestic violence. ill, Alsoin2021, £1 Paso Police Officers made more than 2,000 family violence anests iv. Ineyplicably, Rosales only fled 374 misdemeanor charges for assault Tamily violence causing bodily injury and secured only 311 grand jury inditments for family violence felonies in 2021, -y. Purher, Rosales disposed of 2,098 cases in 2021; this is compared to the Drie District Attomey disposing of 24,503 cases in 2020. '. Capital Muxder—Death Penalty Dismissal i. Onor about December 14, 2021, the 210" Judicial District Court dismissed 4 capital murder—death penalty prosecution due to. prosecutorial vincetiveness, in the cause entitled State of Texas v: han Gabaldon, 20210000830 and 2021002928, Ji, The Court found that Rosales’s office attempted fo delay the case by increasing the gravity ofthe charges against the defendant. iil, We aso found that Rosales’s office sought the death-penaty solely to penalize the defendant for exercising his Constitutional right oa til,jv. Upon information and belief, apital murder-deth penalty case has never been dismissed before in EI Paso County due 10 a judicial finding of | prosecutorial vindictiveness. Mishandling of Mass Murder Case i. Onor about July 1, 2022, the 4094 Judicial District Court held a status hearing in the mass murder cause entitled State of Texas v. Patrick Wood (Crusis, 201900004878 and 20200002631 ii, Thain, the Court rebuked Yvonne Rosales for press release stating that she would be ready to ty this capital murder-death penalty case in less than 4 year, while a the same time filing to file a single pleading or motion in ‘the arioreighteen-months of Rosals’s rene, fii, Punher, Rosales publicly commented that she wil continue to prepare for a ‘vialin less than one year, while athe same ime agreeing that new atomneys ‘world be hired to litigate the case; this mplios that these now attomeys have not set ther eyes on a single iota oF evidence. 4. Misuse of Publi Funds i. Onor about November 30,2021, the Texas Eihies Commission released an opision, stating that Rosales had used governmental resources for politcal Purposes. li, Rossles’s actions potentially violated Texas Penal Code 39.02(a) and constitated an Abuse of Oficial Capacity Dismissal ef Hundreds of Criminal Case due o Prosecutoril Inaction4. On oF about August 15, 2022, the Jail Magistrate Judge dismissed approximately 370 criminal eases, ii, Bach of hese dismissals was due to Rosales's violation of Texas Code of| ‘Criminal Procedure 32.01 i, The shoor number of dismissals, with thousands more expected, is unprecedented within EI Paso County. AUSE OF ACTION ON! IMPETENCY. The foregoing “es a ‘incorporated in this section, asf set out lly herein, Pursuant to Texas Local Government Code Section 87, district attorney may be removed from office for incompeteney. ‘The same statute defines Incompetency as “(A) gross ignorance of official duties; (B) ross carelessness in the discharge of those duties; or (C) unfitness or inability to romp and properly discharge official duties because of serious physical or mental defect that didnot exist at the time ofthe office’ election." TEX. Loc. Gov"r Cone § s7011 During the tims ofthe foregoing facts, Rosales was engaged in oficial duties a the ected Distrit Atiomey. Her conduct denonstrates gross ignorance of oficial duties or gross carelessness inthe Aischarge of those duties. Allowing her to continue as District Attomey puts the public at rsk and demeans the office, (CAUSE OF ACTION TWO: OFFICIAL MISCONDUCT ‘The foregoing facts are incomporated in this section, as set out lly herein20 2 22, 2 24, 25, WHEREFORE, PREMISES CONSIDERED, the State of Texas through Relator, Omar Carn Pursuant to Texas Local Goverament Cade Section 87, a district attomey may be removed from ffce fr oficial misconduct. Official Misconduct is defined as “intentional, unlawfil behavior relating to oficial utes by an officer entrastd with he administration of justice othe execution ofthe Taw The frm includes an intentional or eomup lure ess, o nglet ofan officer to perform a duty imposed on the officer by aw." TEX. Loc. Gov't Cove § 87.011 Dring the tine ofthe foregoing facts, Rosales was engage in oficial dates ab the looted Distriet Atomey. Her conduct danonstrates ach clement of offical misconduct. Her conduct exhibits an inteational and knowing violation of the aw by a public servant Allowing her continue as District Atomey puts the public at risk and demeans the office, Rosales oficial misconduct and continued incompetence clearly disqualifies her fiom continuing in he eleted positon. Under the circumstances, Rosle has demonstrated that she should he removed fom the office to which she was elected JURY DEMAND [As required by Loee overnment Code section 87.018, a jury trial is demanded. PRAYER FOR RELIEF respectfully requests that:8, The Cour order that citation and a certified petition be served on Rosales; b. The Court temporarily suspend Rosales and appoint another person to perform the duties of the oie, in accordance with Local Government Code section 87.017; After sevice of citation, Defendant Rosales be summoned 10 answer this suit within the time requited by ls 4. After on te merits, a jury finding be entered that Yvonne Rosales is incompetent, andlor that she commited official misconduct, thereby warranting removal fom office urs to Loc! Government Code Chapter 87, and that Rosales he so removed: and The Court award court costs othe State andr Relator and any oer reef o which it ‘may be enti Respectfilly Submited, ok betris ho TAR CARMON Relator 221 N, Kansas St Site 1200 EI Paso, TX 7990] (15) 225-1555 ‘omar@elmfim.com (CERTIFICATE OF SERVICE | ceniy that a true and correct copy of the above foregoing document was delivered to ‘Yvonne Rosales, District Atlomey at $00 E. San Antonio, EI Paso, Texas 79901, by electronic means on even date with the fling hereof and by hand delivery: OG ‘OMAR CARMONAVERIFICATION STATE OF TEXAS § EL PASO COUNTY 5 Before me, the undersigned notary, on this day personally appeared Omar Carmona, the afiant, whose identity i known fo me. After [administered an oath, afin testified as follows “My name is Omar Carmena. Lam capable of making this verification. Ihave rea the PETITION TO REMOVE DISTRICT ATTORNEY OF THE MTH JUDICIAL DISTRICT YVONNE ROSALES AND JURY DEMAND. The facts stated in tare within my personal Inowdgend etn dome” Qu Co ‘OMAR CARMONA Som to and subscribed before me by Omar Carmona on August 24, 2022. Novary Public in and Oe State oF Texas ary ate, Sat FETA 2 comm expres 0217-2026 eas “Nowe Tossesee |