Cause No. Q- [2- 0462- vA ERNEST TREVINO, INDIVIDUALLY IN THE DISTRICT COURT OF AND ON BEHALF OF ‘THE STATE OF TEXAS VS. JUDICIAL DISTRICT 81ST JUDICIAL DISTRICT ATTORNEY AUDREY GOSSETT LOUIS ATASCOSA COUNTY, TEXAS ORIGINAL VERIFIED PETITION FOR REMOVAL FROM OFFICE OF 81ST JUDICIAL DISRICT ATTORNEY AUDREY GOSSETT LOUIS AND DISCOVERY REQUESTS To the HONORABLE DISTRICT JUDGE OF SAID COURT: PLAINTIFF filed a lengthy complaint to the State Commission on Judicial Conduct against Judge Russell Wilson October 29, 2018, so he does not believe Judge Wilson will review this petition with faimess and impartiality, therefore, the petition is directed at the only other District Judge for Atascosa County above. NOW COMES, Plaintiff, ERNEST TREVINO, individually and on behalf of the State of ‘Texas (referréd to as “Plaintiffs”) and brings this Verified Petition for Removal of Office against, Defendant 815" JUDICIAL CRIMINAL DISTRICT ATTORNEY AUDREY GOSSETT LOUIS “DA"and would show as follows: ay 3 ? ee cock Vy MARGARETE. LITTLETON, DISTRICT CLERK ‘ORIGINAL PETITION FOR REMOVAL FROM OFFICE AUDREY GOSSETT LOUIS PAGETL PARTIES Plaintiff is a resident of Atascosa County, Texas, within the 81% Judicial District for the past 53 years. The last three numbers of his Texas Driver's License the last three numbers of his Social Security nN I am not under any charges in this State or any other state as required by filing this petition. Defendant District Attomey Audrey Gossett Louis is a Wilson County resident and may be served with process at the 81" Judicial Office 1105 A St, Floresville, Texas 78114, or wherever she may be found, mL. DISCOVERY Discovery is to be conducted under Level 3 of the Texas Rules of Civil Procedure. m1. PLAIN STATEMENT This Petition will prove DA Louis by preponderance failed in her job duties by incompetence and official misconduet which will be proven with exhibits and testimony. DA. Louis should be removed from office for Incompetency and Official Misconduct for the following, reasons stated below. DA Louis has demonstrated gross ignorance of official duties; gross carelessness in the discharge of those misconduct because of a serious dishonesty defect that did not exist during her election. DA Louis ignorance of the law, committing fraudulent reports /lies and misleading information to her grand juries, using her position for her own political gain, using her position, and abusing citizens by providing false information to news outlets, state, and federal courts. DA Louis has while on duty and in her official capacity used her position to contact, possible employers of citizens giving them false and misleading information so that person does ‘ORIGINAL PETITION FOR REMOVAL FROM OFFICE AUDREY GOSSETT LOUIS PAGEDnot obtain the employment on multiple occasions and uses that information, she is privy to by her office that has been expunged against that person. DA Louis with full knowledge of Game ‘Wardens filing false search warrants using a “liar informant” and knowing she does not have all the elements of the offenses uses her position and office to persecute that person and twist the truth with grand juries for an indictment. Additionally, DA Louis knowing this false information attempts to gain plea bargains knowing her case does not have all the elements for conviction or trial. DA Louis uses her position fraudulently to withhold information from Grand Juries that she knows will exonerate defendants. This incapacitates her ability to perform the duties of that office. DA Louis threatens to place local officers on her Brady List when no such information exists on that person, then when known that Game Warden Iden and Brauchle used lies, falsifying government documents x 4, aggravated perjury, she ignores those facts, even when they are in court transcripts of placing them on any Brady List in a Motion to Suppress hearing November 16, 2019. DA Louis has manipulated Grand Juries and has sent emails to Officers for their knowledge who would give a defendant the death penalty which is a clear violation of the Texas Penal Code. DA Louis has had to recuse herself from cases ruining those cases chances of a fair trial, with her romantic involvement with Texas Ranger Rudy Jaramillo while on taxpayer dollars during her duty hours. Jaramillo was transferred by the Texas Rangers because of his involvement with DA Louis which ultimately ended with her divorce and his career after his wife filed numerous written complaints on DA Louis to the 81% Judicial District Office. IV. LAW AND DEFINITIONS ‘The Local Government Code Provides: REMOVAL BY PETITION AND TRIAL. (1) "District attomey" includes a criminal district attomey. ‘ORIGINAL PETITION FOR REMOVAL FROM OFFICE AUDREY GOSSETT LOUIS PAGES(2) "Incompetency" means: (A) Gross ignorance of official duties. (B) Gross carelessness in the discharge of those duties; or (©) Unfitness or inability to discharge official duties promptly and properly because of a serious physical or mental defect that did not exist at the time of the officer's election. (3) "Official misconduct" means intentional, unlawful behavior relating to official duties by an officer entrusted with the administration of justice or the execution of the law. ‘The term includes an intentional or corrupt failure, refusal, or neglect of an officer to perform a duty imposed on the officer by law. Local Government Code, SUBCHAPTER B. See. 87.011. v. INCOMPETENCIES & OFFICIAL MISCONDUCT Plaintiff will prove in this petition that DA Louis committed the following criminal activity in her position as 81* Judicial District Attomey. 39.02 Abuse of Official Capacity, 39.03 Official Oppression (a) a public servant commits an offense while acting in the color of their office (1) intentionally subjects another to mistreatment or arrest, detention search, seizure that they know is unlawful, 35.29 Code of Criminal Procedure the confidential nature of venire lists, Government Code 552.353 Distribution or Misuse of Confidential Information, P.C. 39.06 Misuse of Official Information and Code of Criminal Expungement Statute Procedure 55.04 (1-3), criminal violation of releasing expunged information and clear violations of the Texas Government Code, Chapter 552, Open Records Act. DA Louis also has failed to prosecute and avoid her duty to present information to a grand jury on criminal activity of the listed Game Wardens as part of her job as DA and chose to cover up their crimes along with her own. ‘ORIGINAL PETITION FOR REMOVAL FROM OFFICE — AUDREY GOSSETT LOUIS PAGES(1) Failure to understand the law and the difference between civil and criminal and violating her oath and numerous criminal statutes: DA Louis presented the following case to a grand jury with full knowledge she did not have all the elements of the offense against defendant in State of Texas v. Emest Trevino, 17-09- 0511, 8ist Judicial District Court, Atascosa County, Texas [indicted on September 15, 2017]; Disposition: DISMISSED. With full knowledge of the following prior to seeking an indictment. 1. Game Warden Derek Iden received free duck mounts from the complainant who had an issue with the defendant. Game Warden Derek Iden stated he used “white lies” in his reports and in his search ‘warrant affidavits and used his position to return the favor for free duck mounts for him and other wardens from complainant. Game Warden Derek Iden admitted that the complainant was a liar and untrustworthy on audio recordings to Internal Affairs investigators but still used him in his search warrants as reliable and trustworthy. DA Louis had full knowledge Iden lied in his prosecution guide and fabricated evidence against defendant but still moved forward with a grand jury for indictment committing Official Oppression by persecuting Plaintiff by arrest and detainment knowing that action was unlawful. (2) Doubling down on gross official misconduct by continuing to file cases that she knows are not within the law: DA Louis presented the following case to a grand jury with full knowledge she did not have all the elements of the offense against defendant State of Texas v. Emest Trevino, 17-12- ‘ORIGINAL PETITION FOR REMOVAL FROM OFFICE AUDREY GOSSETT LOUIS0654, 81st Judicial District Court, Atascosa County, Texas [indicted on December 15, 2017]. Disposition: DISMISSED. (3) Incompetent to understand Official Misconduct with Jury Tampering with her actions: DA Louis sent an email Jan 12, 2019, to five officers, including Atascosa County Sheriff David Soward, and sent a separate note to ottiers on Dec. 18, according to testimony Friday. She asked the officers to review the lst of names and provide feedback. “Everyone on this side (ofthe courtroom) knows we want the death penalty,” Louis said. “There’s no evidence that any potential jurors have been influenced. There’s no collusion to deny Mr. Puente a fair trial.” “Here is our list of jurors in order with addresses, Will y'all please, please go through it and let me know the yes"s, nose, and maybes. Or on a scale of one to 10, whatever you think works best. ... Pl owe you all a dinner or beverage of your choice! ... Can’t thank you enough! This guy deserves to die, and y‘all will play a big part in helping by your input.” “I don’t regret it, and it wasn’t unethical,” Louis said in a brief statement on the record during an interview. “I’ve done it before.” DA Loui admitted to conducting the emails which did affect the outcome of the trial with Judge Rays taking , the death penalty off the table because of DA’s actions. In the Texas Penal Code, official misconduct is defined as an offense committed by a public servant while acting in an official capacity. It involves an intentional or knowing violation of the law. The term “public servant” refers to individuals who hold positions in government or public service. DA Louis clearly violates the law and should be prosecuted and disbarred for rigging juries. She identifies she has done this many times and would do it again. Discussing the case with other jurors before deliberations can be considered misconduct. ‘ORIGINAL PETITION FOR REMOVAL FROM OFFICE - AUDREY GOSSETT LOUIS PAGESThe punishment for jury tampering in Texas varies based on the circumstances. Generally, it is classified as a third-degree felony, carrying a potential penalty of 2 to 10 years in prison and a fine of up to $10,000. Remember, jurors play a crucial role in the justice system, and their conduct must adhere to legal standards to ensure fair trials, DA Louis admits to these criminal violations on many occasions and bas continued to do this in her courts. Ifat any instance any other Attomey or Defense Attorney would have sent these emails or tainted a jury, they would have been indicted immediately. Additionally, DA Louis released these jurors” names to prominent citizens of the county to see their opinions on the potential jury list to handpick the best jurors who would do what she wanted. The judicial process and her oath should be a fair and impartial trial, no criminal offenses committed by DA Louis to get her conviction and stats for her record. (4) Failure to Investigate and Incompetence on Criminal Activity with full knowledge of Officers Misconduct and Perjury. DA Louis committing Official Oppression by subjecting Plaintiff of years of torment and abuse by filing charges knowing she did not have all the elements of the offense using known false reports and lies from Wardens. ‘See Attached Email Correspondence to DA Audrey Gossett Louis: Forwarded Message ‘Sent: Sun, Dec 22, 2019 at 12:04 AM ‘Subject: Fw: 7th Requést Derek Iden -Grand Jury Ms. Louis, Recently Derek Iden was subpoenaed to testify in our motion to suppress hearing on Nov 15. He absolutely admitted to being subject to owing Bobby Weid favors for his free mounting for Iden ducks. Iden testified he knew weid to be a liar, untrustworthy, and not someone he would be associated with, but yet used his word to file 2 search warrants. iden even admitted in his sworn testimony weid s lies he used ‘ORIGINAL PETITION FOR REMOVAL FROM OFFICE — AUDREY GOSSETT LOUIS PAGE?to obtain 2 search warrants were merely ‘white lies’. Just the mere fact he knew that when he filed said search warrants proves he absolutely committed falsifying govt documents as a public servant. have proved with al the information that has been submitted in my sworn affidavit and attached documents, audio recordings ete. That Iden committed the following 1) falsifying govt document x 2. 2) official oppression x 5 3) aggravated perjury x 3 4) bribery x 2, public servant accepts a benefit (duck mounting) in consideration for special consideration to fil false charges to pay back Weld Iden has never been able to prove he paid for any services from weid despite having over 26 years of records from his USAA bank account available to him. I also respectfully request this last case witness from Robstown who gave a sworn statement to Iden that he observed me sign a vehicle title transfer form be filed on for falsifying a govt document when this next week or two its proven the handwriting is not mine and the case must be dismissed, Mss. Louis, Ben Sifuentes does not represent me in these swom affidavits and requests for charges to be filed, | have lawfully followed all the rules that | know of going through you and the Texas Ranger for charges to be filed on Iden and next the person who falsified a govt document and statement that Iden and the witness both knew to be untrue. How does a game warden be allowed to continue to file charges ‘on any defendants in the state if Texas when it has been proven with all elements of the offenses, he has ‘committed felonies, lied, tampered with witnesses, and filed documents to your office you already know are lies Iden admitted in the beginning of this process when he was harassing witnesses that he would love to file charges on Trevino if they would only call him back and cooperate, his words, that he admits sounds bad, but he didn't mean it that way. He harassed them with over 6 calls, and 6 emails harassing and intimidating them to fle a non-consent affidavit on me, they never did because I had permission Ms. Louis, | am begging you to do the right thing, just present all the facts to a grand jury fairy just like you did on me and let them make the decision. It's not fair to me that | have filed sworn affidavits and presented you with all the evidence and nothing is done. Here Iden gets back up on the stand last month and continues his lies in open court under sworn testimony committing aggravated perjury, just read the transcript A filed civil case in federal court does not exempt you from doing your job but at some point, will show by omission how you overlooked all these criminal offenses committed by a swom peace officer directly to you | await your written response. Emest Trevino —— Forwarded Message OTE . v —RUDREY GOSSETT LOUIS PAGES ‘ORIGINAL PETITION FOR REMOVAL FROM OFFICE.Subject: 9th Request Derek den -Grand Jury - Request him to be placed on your Brady List - Falsifying Information in an Official Printed Document by a District Attomey - Yourself OFFICIAL 9TH WRITTEN REQUEST - THE CITIZENS AND NEWS MEDIA HAS THE RIGHT TO KNOW THE DA THAT REPRESENTS THEM. Ms. Louis, ‘This is the 9th request for you to present to a grand jury Derek Iden and John Brauchle Falsifying Government Records and for them to be placed on your Brady List. Derek Iden in a Motion To Suppress hearing Nov. 16th, 2019, admitted to using "White Lies’ on his reports and info from his witness/ informant who he called untrustworthy and a liar, but yet used him in two search warrants affidavits which you had full knowledge of, condoned and endorsed and attempted to prosecute me with nothing but dismissals. You have refused to prosecute them knowing there is a transcript of Warden Iden admitting to lying on the witness stand in that hearing. YOU HAVE ABSOLUTYELY REFUSED. You are quoted by Wilson County News: "For us, you can't fabricate an offense report as a peace officer. If your willing to lie on something that simple, then what else?” YET AFTER 9 REQUESTS WITH OFFICIAL COURT TRANSCRIPTS ON DEREK IDEN LYING ON THE WITNESS STANAD, AND ADMITTING IT, YOU REFUSE TO PROSECUTE’ OR ADD HIM TO ANY BRADY LIST. ALL COURTS SHOULD BE ADVISED HE LIED IN COURT IN ANY OF HIS FUTURE CASES, BUT YOU ADAMANTLY REFUSE AS YOU CAN SEE FROM THE YEARS OF MY REQUESTS. HE IS YOUR FRIEND A FELLOW VOTER SO YOU WON'T PROSECUTE: Please see attached what you were just quoted in the Wilson County News, which was false information and lies. You were quoted in writing by you friend Gibbs: See Attached. You State: McDonald was placed on a Brady List: Lie, He was never placed on any such list, no record exists of that with full knowledge of that. McDonald fabricated a report. No such report existed, was only imagined by you. Lie. NONE OF THE INFORMATION YOU POSTED IN THE WILSON COUNTY NEW: S IS TRUE, Additionally, you used taxpayer resources to persecute McDonald for your own gain while on duty as a DA lying about this information and reporting to his prospective employers when all information related to any of it was expunged by a Judge. ‘ORIGINAL PETITION FOR REMOVAL FROM OFFICE — AUDREY GOSSETT LOUIS PAGESIhave Cc the elections chairs in counties you represent because you should not be allowed on any ballot for lying and falsifying information on a citizen of your counties to damage his name which you just opened yourself up for defamation at a minimum and political corruption and unethical standards by looking the other way on the Game Wardens crimes and not placing them on any Brady list, then this McDonald man you say you put him on it, when no such record ever existed. ALL NEWS OUTLETS SHOULD INVESTIGATE YOU, IF YOU LIE ABOUT THIS THEN WHAT ELSEII!! EVERYTHING I JUST POSTED IS OPEN RECORDS AVAILABLE AND TRUE AND HONEST INFORMATION. 1am respectfully requesting your response on Iden being prosecuted and placed on a Brady List. If Ido not hear back from you a Petition/Lawsuit will be filed against you and all the counties you represent for violating my civil rights and treating me different than other citizens, you represent, Sincerely, Ernest Trevino Pleasanton, Texas Additionally, Plaintiff submitted updated information with new requests for the same to’ DA Louis on May 22, 2019, June 12, 2019, October 21, 2019, December 22, 2019, April 3, 2020 x2 and November 14, 2023. (5) A Complete Break with Reality after the election and Abuse of Office to persecute citizens After her election to office, A veteran law enforcement officer has filed a lawsuit in federal court in San Antonio accusing the district attorney of the 81st judicial district and one of her investigators of using unlawfully obtained records to block his hiring by two agencies. Jasper McDonald said expunged records were forwarded by District Attorney Audrey Gossett Louis to officials with the Wilson County Sheriff's Office and the Texas and Southwestern Cattle Rangers Association, causing both agencies to separately rescind employment offers. ‘ORIGINAL PETITION FOR REMOVAL FROM OFFICE AUDREY GOSSETT LOUIS, PAGETOMcDonald, according to the suit, was offered the position of lieutenant with WCSO in December 2020 at a salary of $75,000 a year plus benefits and the use of a take-home vehicle. But days before McDonald was scheduled to begin his employment, Sheriff Jim Stewart informed McDonald that he could no longer move forward with hiring him, the suit states. Gossett Louis had forwarded Stewart records obtained by DA Investigator Roland Trevino from a deadly conduct case against McDonald, even though those records were part of a previous court expungement order, “The 2008 Order of Expungement required all parties with case records in their possession, including the 81st Judicial District Attomey’s Office, to retum, delete or destroy such records,” according to the lawsuit. Gossett Louis also informed Stewart that McDonald was on the Brady list, a list compiled by prosecutors that contains law enforcement officers with past incidents of untruthfulness, criminal convictions, or other credibi issues. The facts are the information was expunged and. was not in any system of reference, But for DA Louis position and information she is privy to violated Texas Penal Code once again to go after McDonald, The information he was on a Brady list is false and misleading. DA Louis lied to the Wilson County News that McDonald was on a Brady list based on a report that did not exist. Da Louis is again using her position to persecute, intimidate and abuse her official capacity as DA to falsely affect the lives of citizens of her district. DA Louis doubled down on her lies and false information to the citizens of her district ina statement to the Wilson County News on November 14, 2023 by stating the following: Louis said the issue started when it became apparent that McDonald had served a 30-day suspension from the sheriff's office in 2005 after it was discovered that he had lied about responding to a report of a suspicious person. Despite submitting a signed report about his response to the scene, the global positioning system on his patrol vehicle contradicted his account. ‘ORIGINAL PETITION FOR REMOVAL FROM OFFICE AUDREY GOSSETT LOUIS PAGE IT“That put him on the Brady list because he fabricated an offense report,” Louis said. DA Louis quoted in same article, “For us, you can’t fabricate an offense report as a peace officer,” Louis said, “If you're willing to lie on something that simple, then what else?” She added, “I’m not going to risk losing a sexual assault case or a murder case because we have a lying officer.” Note: 1. McDonald was never placed on any Brady List by DA Louis or any DA. 2. No false report existed that DA Louis claimed on McDonald. DA Louis in her own words explained to any jury why her removal is necessary and ‘warranted, because if she lies with such ease and to the public on official reports to the media, and in DA Louis own words and quote, “If you're willing to lie on something that simple, then what else?” : McDonald filed a criminal report on DA Louis with the Wilson County Attomey, who then referred the case to the Texas Rangers Public Integrity Unit who rejected the case but refused to return the complaint that was filed to the originating agency in what appears to be an attempt to shield her from further investigation. (6) Failure to Add Derek Iden to the Brady List: when it was her job to do so: DA Louis threatens officers with her Brady list but when it has been proven through court transcripts that this Game Warden used “white lies” with his complainants, reports, search warrants she refuses to put him on any such list because of her close friendship with him. But DA Louis claims other officers are on the Brady list when they never were to the media, public, potential employers using her Official Position to affect citizens of this district lives and future ‘ORIGINAL PETITION FOR REMOVAL FROM OFFICE — AUDREY GOSSETT LOUIS PAGE I?‘when she has no justification to do so. Buy by her position on information that was supposed to be expunged she still uses the information that she is privy to by the nature of her office. (7) Recusal in Murder Case Causing Significant Damage to the Prosecution resulting in 7- year sentence for Murder because of her on duty relationship with Ranger Jaramillo and the misuse of taxpayer time and money: (Note: We will Subpoena Ex-DA Rene Pena to testify to this information.) A 14-year-old murder case may be concluding for the family of the victim, Sylvia Clark. Her husband, Gary Clark, pleaded nolo contendere (no contest) to a charge of manslaughter Sept. 15 in Wilson County District Court. Sylvia was found dead July 19, 2009, ina hallway of the Clark home La Vemia. An autopsy indicated multiple bruises and lacerations on her body and ligature marks around her neck. (See “Family seeks justice in Sylvia Clark slaying,” July 14, 2010, Wilson County News.) DA Louis lack of her own judgement by having an on-duty affair with the lead investigator Texas Ranger Rudy Jaramillo led to her recusal of the case weakening the States position and resulting in a plea bargain of 7 years for a Strangulation Murder. It also came to question how this cold case made it onto the Texas Rangers radar for investigation but was later confirmed DA Louis romantic relationship with Jaramillo thrust the case back in fruition. DA Louis actions caused a murder suspect after the states reducing of sentence a mere few years in prison because of her actions. July 14, 2010, Sgt. Rodolfo C. Jaramillo of the Texas Rangers said no one has been charged in this case. While a wide range of evidence was submitted to the Texas Department of Public Safety’s (DPS) crime laboratories in Houston, Corpus Christi, and Austin, few pieces have been analyzed, he said. (Wilson County News) “We're still waiting for a majority PAGE ISof it,” Jaramillo said, “We're in a holding pattern right now.” This proves Jaramillo was the lead investigator in the case. DA Louis specifically worked with Jaramillo on other cases which were all under scrutiny and subject to dismissals or a lesser probated plea bargain. Jaramillo wife filed numerous complaints with the 81 Judicial District Office which should be a matter of public record, but Open Records Requests submitted, DA Louis states no such records exist. This is another example of her using her position to cover up her past misdeeds while acting as Assistance District Attomey and now, as the Official District Attomey, she continues to cover up these actions. (8) DA Louis lied and covered up her own complaints on clear violation of the Open Records ‘Act which was lawfully requested in writing by Plaintiff: Open records request lawfully submitted by Plaintiff on July 31, 2023: Ce: Sent: Mon, Jul 31, 2023 at 6:03 PM Subject: RE: Open Records Request Mr. Trevino, ‘After further reviewing your request, I realized that item (5), upon which I had estimated would take the major part of your request to complete, had already been requested by you previously, and we had no information responsive to your request. In light of that, we will waive any fee for the information you requested. As for the items you requested: 1) ido not have a case number, (2018 shawn puente trial) copy of audrey gossett louis testimony transcript on the witness stand and all written documents including emails regarding her request, to the sheriff about finding grand jurors who would not be afraid to kill Puente in a death penalty have attached a copy of the transcript of the hearing from January 19, 2018 regarding the email, as well as the email itself. 2) all notes or written documents presented to Audrey Louis from Texas Ranger Staley for prosecution on falsifying government records at request of Trevino. Response: This office does not have any information responsive to your request. 3) notes or any written document presented to a grand jury in regards to Game Wardens Iden and Brauchle committing felonies in Atascosa County in regards to Trevino and Staley request for prosecution. If none exist, an explanation of the reason, ‘ORIGINAL PETITION FOR REMOVAL FROM OFFICE AUDREY GOSSETT LOUIS PAGE 14Response: If such information exists, we have requested a determination from the Attorney General as to whether this information can be disclosed. I have attached a copy of the letter that ‘was sent to the Attorney General’s Office. I will notify you once I receive their response. 4) copy of all complaints or discipline issued for Audrey Louis from the start of her election as DA to todays date. A copy of All written complaints. . Response: This office does not have any information responsive to your request. 5) a copy of any written document within the 81st office whether discipline, emails, complaints, texts, from day 1 as elected DA to todays date between Audrey Louis and Texas Ranger Rudy Jaramillo. Response: This office does not have aty information responsive to your request. Best, J. William Richmond Assistant District Attorney 81* Judicial District Attomney’s Office 1105 A Street Floresville, TX 78114 Phone: (830) 393-2200 Fax: (830) 393-2205 ‘The 81° Judicial District submitted the above response from ADA William Richmond on behalf of DA Lot whe cover up by DA Louis for any information on complaints or her communication with Texas Ranger Jaramillo does not exist. However, her work with Jaramillo involved murder investigations and written and documented complaints from Jaramillo wife about their on-duty affair. It is our strong belief the records do in fact exist within the 81* Judicial Office and this is another example of DA Louis manipulating the system, corruption by covering up her own complaints and her on duty affair with Jaramillo. Plaintiff will again request this information, in Discovery to see if DA Louis once again lies and covers up her own complaints and again Violates the oath of her office by continuing to le. DA Louis has the following options when the above information was requested, and she filed none on the Jaramillo information. By the 10th business day after a governmental body receives your written request, a governmental body must: 1, request an Attorney General opinion and state which exceptions apply. ‘ORIGINAL PETITION FOR REMOVAL FROM OFFICE AUDREY GOSSETT LOUIS PAGE IS2. notify the requestor of the referral to the Attomey General; and 3. notify third parties if the request involves their proprietary information, Failure to request an Attorney-General opinion and notify the requestor within 10 * business days will result in a presumption that the information is open unless there is a compelling reason to withhold it. DA Louis stated no information existed violating the law under Texas Government Code, Chapter 552, Open Records. (9) DA Louis used her position to intimidate and harm the Plaintiff by directing the District Clerk to reject Plaintiff's legally filed expungement. During the week of November 23°, Plaintiff filed a expungement with the Atascosa District Clerk and paid the filing fees. District Clerk Margaret Littleton took it upon herself to contact DA Louis regarding Plaintiff's expungement. DA Louis directed her to reject the expungement filing and to charge Plaintiff double the fees because it was two dismissed charges, filed by her office. According to Plaintiff Attorney Ben Sifuentes he called District Clerk Littleton on or about November 23" 2023, and she told him that she consulted with DA Louis who directed her to charge Plaintiff double for his expungement for each individual charge. Mr. Sifuentes asked het why she is taking direction from the DA on something that is not part of her job duties and something that followed District Clerk rules and Texas Code of Criminal Procedure rules. Mrs. Littleton knowing what she was doing was wrong and violated Texas Law told Sifuentes, that’s how she was going to handle it based on DA Louis direction. She advised she was rejecting his filing for expungement and that he would need to re-file one for each charge to be expunged. The Code of Criminal Procedure never requires this for an expungement, its one filing and one set of fees. 1 here is nothing in case law or part of any laws that requires a District Clerk or DA to charge anyone double the fees for an expungement. Both DA Louis and District Clerk Littleton committed ‘ORIGINAL PETITION FOR REMOVAL FROM OFFICE — AUDREY GOSSETT LOUIS PAGE 16the Texas Pena Code Crime of Official Oppression by using their Official elected positions to subject Plaintiff again, to mistreatment and violate his rights. DA Louis and District Clerk ‘Margaret Littleton conspired to bypass State Law, written polices within the district clerk’s office to mistreat Plaintiff with malicious and vindictive abuse. They used their positions to treat Plaintiff different than any other person filing for expungements. DA Louis once again has demonstrated her inability to treat anyone fair and impartial which violates her oath and her office and again, she freely violates the law at will with no fear of consequences. DA Louis operates outside any written laws of the State of Texas without any worries because she continues to claim judicial immunity fully knowing she is breaking the laws on a weekly basis believing she is above the law. DA Louis and District Clerk Margaret Littleton used their official positions to commit the following with the Plaintiff. Sec. 39.02, ABUSE OF OFFICIAL CAPACITY. (a) A public servant commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly: (1) violates a law relating to the public servant's office or employment; or (2) misuses government property, services, personnel, or any other thing of value belonging to the government that has come into the public servant's custody or possession by virtue of the public servant's office or employment. Sec. 39.03. OFFICIAL OPPRESSION. (a) A public servant acting under color of his office or employment commits an offense if he: (1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful. 2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful. ‘ORIGINAL PETITION FOR REMOVAL FROM OFFICE — AUDREY GOSSETT LOUIS PAGE I?VL. MOTION TO ISSUE CITATION On an ex parte basis, pursuant to TEX. LOC. GOV’T CODE ANN. 87.016 (a) & (d)', Petitioner requests the Court order issuance of a citation and service by certified copy of this Original Petition to 81° Judicial Criminal District Attorney Audrey Gossett Louis and require her to file an answer as required.? vu. JURY TRIAL REQUESTED Petitioner requests a Scheduling Order setting the case for jury trial and dates upon which iscovery is to be completed. In that regard, Petitioner hereby demands a trial by jury as required by the law’ and hereby tenders the jury fees. vu. MOTION FOR TEMPORARY RELIEF AND/OR A HEARING ON THE TEMPORARY REMOVAL Pursuant to TEX. LOC. GOV’T CODE ANN. § 87.017 (a) Petitioner seeks the temporary removal of DA Louis from office pending trial of this matter.’ After the Court orders the issuance of the citation and service via certified copy of the petition, Petitioner ask the Court, ex parte, to remove this official on a temporary basis until the resolution of this matter. In the alternative, * Section 87.016 ~ Citation and Order: (a) After Petition for Removal is filed, the person filing the Petition shall apply to the District Judge in writing for an order requiring a citation and a certified copy of the petition to be served on the official. TEX. LOC. GOV'T CODE ANN. § 87.016 (2). ? Section 87.016(d) — Citation of Officer: @ __ Thecitation shall order the officer to appear and answer the petition on a date, fixed by the judge, after the fifth day after the date the citation is served. The time is computed as itis in other suits SLOCAL GOV'T CODE ANN. 87.018 (a) Officers be removed only following atrial by jury. + Section 87.017 ~ Suspension Pending Trial: Temporary Appointee: (a) __ After the issuance of the order requiring citation of the officer, the district judge may temporarily suspend the officer and may appoint another person to perform the duties of the office. TEX. LOC. GOV"T CODE, ANN. § 87.017. ‘ORIGINAL PETITION FOR REMOVAL FROM OFFICE — AUDREY GOSSETT LOUIS PAGE 18Petitioner requests the Court to set a hearing on the Temporary Removal of DA Louis. The public needs assurance that the highest law enforcement the 81* Judicial District offices will be faithfully executed while this matter is pending. There is an attorney{s} in the affected Counties, Texas qualified to hold said office on a temporary basis to allow this official to devote her time to defending herself in this suit. IX. MOTION FOR APPOINTMET OF COUNSEL, Under the Local Government Code, I am requesting appointment of counsel to represent myself and the state in this matter. Xx. REQUEST FOR DISCLOSURES Plaintiff hereby requests that Defendant DA Louis provide Plaintiff, through her attorneys, the information required under TRCP 194.2. THIS IS NOTICE TO YOU THAT ALL DOCUMENTS PRODUCED BY YOU IN RESPONSE TO DISCOVERY THROUGHOUT THIS CASE MAY BE USED BY US AT SUBSEQUENT HEARINGS AND/OR AT TRIAL. PRAYER PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiffs respectfully request that upon final trial by jury, Plaintiffs recover against Defendant the following: 1. Compensatory damages as set forth above. 2. Punitive and exemplary damages. 3. Pre-judgment and post-judgment interest as allowed by law. 4.Costs of court; and such other, further, and different relief to which Plaintiffs may show ‘ORIGINAL PETITION FOR REMOVAL FROM OFFICE — AUDREY GOSSETT LOUIS PAGE I9themselves justly entitled. WHEREFORE, Petitioner prays that that this Honorable Court order the civil district clerk to issue citation along with a certified copy of this petition to be served on DA Louis: further that the Court Order DA Louis to appear and answer on a date fixed by the Court, after the fifth day in which the citation is served.’ Plaintiff would further pray that this Court temporarily suspend DA Louis and appoint another qualified person to perform the duties of 81 Judicial Criminal District Attorney Office ur this case may be tried before a jury, as well as any and all other relief, both general and special, at law or in equity, to which Plaintiff may show. Plaintiff is in the process of seeking, legal counsel, but there are very few attomeys in this district who do not fear the retaliation and vindictiveness of DA Louis are the reasons Plaintiff is pro-se for the moment, therefore the motion and request for counsel has been submitted in this petition. Respea 1089 Coughran Rd. Pleasanton, Texas 78064 * Local Government Code: Sec. 87.015 (4) Thecitation shall order the officer to appear and answer the petition on a date, fixed by a judge, after the fifth day after the date the citation is served. The time is computed as itis in other civil suits. ‘ORIGINAL PETITION FOR REMOVAL FROM OFFICE AUDREY GOSSETT LOUIS PAGE20