A recently filed petition in Tarrant County district court is calling for Tarrant County Constable Ruben Garcia, Jr., to be removed from office. The reason? The petition alleges he was intoxicated at his home.
Multiple attorneys Tuesday told WFAA this is an incredibly unusual case that's citing a rarely-used part of the Texas code. That part of the Texas Local Government Code, chapter 87, says that certain elected officers may be removed from office for:
-incompetency
-official misconduct
-intoxication on or off duty
Attorneys told WFAA this law is a way to remove someone from office if they refuse to resign. The attorneys said they couldn't remember an official ever being removed for drinking off duty, unless criminal charges were involved.
"It takes something that is otherwise innocuous, in this case someone drinking at their house, and you can basically lose your livelihood for it," said attorney Steve Gebhardt, who has no connection to this case.
The man who filed the petition is named Benny Ortiz. The constable's attorney says Ortiz is the constable's niece's boyfriend.
There are multiple videos on YouTube, confirmed by both the plaintiff's and defendant's attorneys, which show the incident in question. Constable Garcia's attorney Francisco Hernandez says Garcia called police that night back in June 2017 because he felt Ortiz was following him and the constable wanted a protective order. He admitted in the video to having a drink when police showed up.
Hernandez says the entire thing is politically and family motivated.
"His entire reputation as law enforcement, now he's been told he's unfit to be a law enforcement (officer) for doing something legal in his home after he calls police to request some sort of protection," Hernandez said.
Wiliam Nolen, who represents Oritz, said this in a statement late Tuesday afternoon: "Because the law is so clear and the facts of this case are so apparent on their face, filing this suit against a drunken elected official who attempted to abuse his position of authority seemed like the right thing to do and we’re confident that certification by the District Court is forthcoming."
It's up to a district judge to decide if there's merit to the petition. If that judge says Garcia should be removed from office, the constable can request a jury trial to appeal that decision. If the judge says there's no merit, the case is dropped.
There are eight elected constables in Tarrant County. Their duties include delivering subpoenas, executing warrants, performing criminal investigations and enforce illegal dumping laws.
Garcia is the constable for the 5th precinct, which covers parts of northwest Tarrant County.