After ABC-7 confronts El Paso District Attorney over ‘troubling’ disregard for cases, DA issues statement

UPDATE: In the wake of ABC-7's Saul Saenz confronting District Attorney Yvonne Rosales at a public event about her refusal to comment on a capital murder case that a judge dismissed for prosecutorial vindictiveness, the DA's office on Friday issued the following statement:

"The District Attorney’s Office respectfully disagrees with the court’s dismissal of the Gabaldon case and we are preparing an appeal. We are concerned that a murder case that is less than year old was pushed so quickly to trial, especially under the current Covid restrictions, and with other older cases on the docket. Our initial concern was to make sure that our victim’s assistance division was able to sit down and address the needs of the family. We will continue to fight for justice for a victim who was purposely targeted as a member of the LGBTQ community and brutally stabbed. It was just learned that Gabaldon has an extensive criminal record in Mexico.

A gag order was in place which prevented us from speaking with the media but we want to assure the community that this case is not over because Gabaldon is a threat to the safety of this community. The primary concern of this administration is to protect victims and their families and we will continue to fight throughout the appeal process."

Despite references made by the DA's Office about a gag order in the case, a spokesperson for Judge Alyssa Perez told ABC-7 on Friday that there is "no gag order."

ORIGINAL REPORT: EL PASO, Texas -- After an El Paso district judge dismissed a capital murder case for prosecutorial vindictiveness calling out the District Attorney's Office for disregarding cases, District Attorney Yvonne Rosales refuses to answer questions.

ABC-7 has been trying to speak with Rosales since Judge Alyssa Perez dismissed the charges against Ivan Gabaldon Tuesday. At the time, Judge Perez called the situation "troubling" and said families were not being served by the district attorney's office's lack of diligence.

ABC-7 reached out to the DA's communications director, Paul Ferris, who said they had no comment.

On Wednesday, ABC-7 reporter Saul Saenz went to the DA's office and was told he needed an appointment and should ask for an interview online.

He did just that, twice.

After multiple efforts, ABC-7 went to an event at the Don Haskins Center where the district attorney was holding a community event distributing UTEP basketball tickets to youth.

"What’s going on?" said Ferris when he saw Saenz with an ABC-7 photographer. They asked for an interview again.

"Well, we can try to set something up at a later date. I've been trying, I even sent an email," said Ferris.

Saenz then approached Rosales directly.

"We want to ask you about the Ivan Gabaldon case," said Saenz.

"That's for another time," responded Rosales.

"I tried setting up an interview and I even went to your office," he explained.

"Yes, sir, but I've already had my schedule full. We can try to set something up next week. This is strictly about the holidays," she answered.

Then, a man who was with Rosales pulled her away leading her into the Don Haskins Center.

Saenz followed them into the arena and reminded Rosales she ran on a platform of transparency and vowed to be accessible to the media if she won the election.

During a debate for district attorney last year she told Saenz, who was hosting the debate, "Absolutely, that's one of the platforms I've been running on well. I mean, I've been saying that since day one."

Thursday, Rosales again failed to fulfill that promise.

"We can schedule something next week," she told Saenz as she walked away. "I have to check my schedule, sir."

Immediately following the exchange, Ferris called ABC-7 saying Rosales would sit down for an interview, but only if Saenz was not the person conducting it. ABC-7 management did not agree to it.

Meanwhile, the defense attorneys for Gabaldon, the man police say stabbed 63-year-old Juan Garcia Flores to death after the two men allegedly engaged in a paid sexual encounter in February, warn there are serious problems in the district attorney's office.

As ABC-7 reported, the prosecutor handling the case agreed to have Gabaldon released on a personal recognizance bond while also seeking the death penalty against him. Defense attorneys Denise Butterworth and Omar Carmona argued in court that Assistant District Attorney Curtis Cox sought the death penalty as a way to delay Gabaldon's trial since he wasn't prepared for it.

"Curtis Cox, with what he did, he demonstrated to the county that he's a dangerous prosecutor and the fact he's third in command there, Lord help us all for the next three years," Carmona told ABC-7.

Butterworth worked for the former district attorney, Jaime Esparza, for 20 years. She said the current district attorney's office is understaffed and cases are languishing.

210th District Court Judge Alyssa Perez also expressed concern about the way the DA's office is handling cases.

"In all of my years as a prosecutor and being in this courthouse, I certainly did not expect to be in a position to see the State of Texas literally disregard some of the most serious cases --to include this one-- but I know that there are others, there are others in this court, in this court that follow the same fact pattern here, very similar circumstances," Perez said before dismissing Gabaldon's case.

ABC-7 will continue to reach out to Rosales on behalf of our viewers to ask about the decision to upgrade charges against Gabaldon to capital murder and seek the death penalty, along with the serious allegations against Asst. DA Cox and the staffing levels in her office.