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May 3, 2017     Hays Free Press
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May 3, 2017
 

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Hays Free Press May 3, 2017 Page 5A + BY RACHEL WILLIS Courtesy of the San Marcos Daily Record With jury selection going on 13 hours, the Assistant Criminal District Attorney Jennifer Stalbaum reminded jurors the state needs only prove that Tarr was intoxicated and that does not always imply the most obvious of signs. trial of prominent Hays County realtor Jason The state began their their plans by asserting does not smell alcohol on two hours later." Tarr commenced Tues- opening remarks with the that no olTe contests that Tarr. McNabb accused the day afternoon with him question, "What makes a there was an accident The video also shows officers investigating the pleading not guilty to DWI a murder?" that was caused by Tarr. Tarr walking unassisted scene of only suspecting second-degree intoxica- Assistant Criminal "The evidence will to the ambulance, which intoxication after running tion manslaughter and District Attorney Jenni- show there was a horrible the defense said is evi- Tarr's criminal history first-degree murder, fer Stalbaum reminded accident," Tarr's defense dence of Tarr's sobriety, and finding that he had Tarr's defense and the jurors the state needslawyer Billy McNabb "You are going to heartwo prior DWIs. state laid out the road only prove that Tarr was said. "Mr. Tarr left his from some people at "When the officers maps to how the trial will intoxicated and that does lane of traffic, collided the hospital about hisfound out he had prior go. not always imply the with the vehicle driven by demeanor, his languageDWIs the die was cast," Family of the late most obvious of signs.Mrs. Dalton causing her at the hospital," McNabb McNabb said. "The Nancy Sterling-Dalton, "I'm going to tell you, death." said. "The only thing that officers lost all objectivity who was killed when it's not going to be aMcNabb went on say- is going to be relevant in about the investigation. Tarr's pickup hit her car falling over, throwing up ing the only relevant ev- this case is his demeanor It became, at that point, head-on in September drunk, there is going to idence in this case is the and whether or not he what we call a 'self-fulfill- 2014, sat in the stands as be intoxication," she said. video from Officer Joshua was intoxicated at theing prophecy.'" the prosecution read the "I want you to remember Albarez's body camera. In time of the accident, at Defense purports that arraignment to Tarr who those definitions." the video, defense said, the time he is alleged of the warrant was granted stared ahead listening. The defense laid out Albanez remarks that he operating the vehicle. Not on the report of an officer that was already con- vinced of Tarr's intoxica- tion and that the blood test was invalid because of human error within the Department of Public Safety (DPS) lab it was tested in. "The blood was ulti- mately analyzed by a DPS lab, the same entity that employs the officers that have formed a suspicion and are investigating and arresting Jason for intox- ication manslaughter." McNabb said. "That's the same lab as the police lab that did the blood anal- ysis and I submit to you what the evidence will show, in the rush to con- vict Jason of this offense, the lab got the blood out of order." Trial is expected to last three weeks. Buda Police Continued from pg. 1A serving a Child Protective Services order at his home in January 2016. Garcia was not under investiga- tion by CPS. The city was also named as a defendant in the case as the violations were "committed as a result of policies and customs" and that the municipality has "inadequate policies" regarding use of force, according to the suit. Brittany Tate, Buda Police Department spokes- person, said they have not received a copy of the suit at this time and couldn't provide comment. "Without receiving the suit, I can't speak on it,, Tate said. "We're not sure what it entails or it's about. Robert Ranco, an attor- ney with the Carlson Law Firm that is representing Garcia, said he became aware of the incident while investigating a separate lawsuit accusing Young of excessive force. Garcia's lawsuit stems from a January 21,2016 incident when officers arrived at his home with a representative from CPS, who had an order to remove two children from the home. case is pending. Garcia's lawsuit stems from a January 21, 2016 incident when officers arrived at his home with a representative from CPS, who had an order to remove two children from the home. Ranco said his client and his wife were fostering their two grandchildren while CPS conducted an investigation against the children's parents. Ranco said his client was not under investiga- tion and didn't do anything wrong. "They (the children) were not being removed because Garcia or his wife did anyflxing wrong," O 0ber 20!6, Ranco said. "CPS thought filed a lawsuit on behalf because of the discord between the two parents, a temporary spot for the kids would be less traumatic." Garcia granted the officers access to the home and he proceeded to sit on his couch, the suit said. While Young and others were speaking about the order, Garcia stood up and began to walk forward, but not moving toward either of Juan and Guadalupe Martinez of Buda, who accused Young of using ex- cessive force during a 2014 incident at theWalmart in Buda. Ranco said he requested and received body camera footage of Garcia's incident during the discovery phase of the Martinez trial. The outcome of the Martinez of the officers, the suit claims. Young told Garcia to sit down, with Garcia stopping his movement. Garcia, according to the suit, asked for the officer to leave or present a search warrant. Young "refused to provide an order or war- rant" and asked Garcia to sit down several times. Garcia turned and start- ed walking back toward the couch when "without notice," Young pushed him down to the couch, almost on top of a child, the suit claims. Young pinned Garcia down, who according to the suit was "not kicking or punching anyone." Metz then moved toward Garcia with her taser drawn and instructed Garcia to stop resisting. Ac- cording to the suit, Garcia was not resisting. He "continued to be static" while pinned down when he was then tased. "Due to the actions of Officers Metz and Young, (Garcia) suffered severe injuries and damages," the suit alleges. Ranco said he sees simi- lar incidents "far too often" and that he said officers and departments are "re- luctant to admit they make mistakes." He also said the city has issues when it comes to its policy regarding the use of force. He said in neither the Garcia nor Ma nez case was Young threat- ened, and that officers are "supposed to have a discussion unless there's an imminent threat" and de-escalate a situation. "When there is no accountability and no reprimand or suspension, officers are bound to repeat themselves," Ranco said." PLAN NOW INST D OF THE COURT DECIDING LATER FOR HOMEOWNERS... 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