Summary Of Court Case The State Vs. Oscar Marquez

Editor’s Note: The following is a summary of the alleged 2004 incident as described in court documents for The State Vs. Oscar Marquez. On Tuesday morning, Mayor John Cook and City Manager Joyce Wilson were served with papers to testify on the case in the 171st District Court.

“On December 22, 2004, an indictment was handed down charging (Oscar) Marquez with the offense of assault on a public servant. He filed a pretrial motion to suppress the evidence, alleging that the arrest was unlawful. Two hearings were held on the motion, one on August 19, 2005, and one on February 24, 2006.

“At the initial hearing on Marquez?s motion to suppress the evidence, El Paso Police Officer Louis Johnson testified that, on November 25, 2004, he and his partner, Officer Moreno, received a dispatch to proceed to an apartment complex located at 212 Elizabeth, regarding an assault family violence call. As they approached the complex, Officer Johnson testified that he saw Marquez toss some item to the ground in a furtive manner. He also saw Marquez?s cousin, who was standing by Marquez, run into a nearby apartment.

“When Officer Johnson approached Marquez, he saw that it was a beer bottle that Marquez had thrown to the ground.

“In response to a question about his age, Marquez stated that he was eighteen. The officer testified that Marquez had glassy, bloodshot eyes and that he was wavering with an unsteady balance. He appeared to be intoxicated.

“Officer Johnson placed Marquez under arrest for littering and for consumption of alcohol by a minor. The officer testified that it was his intent to obtain the requisite personal information and then to issue a citation, whereupon Marquez would be released to a responsible party.

“Marquez picked up the bottle at the officer?s direction. He then quickly turned and attempted to flee into the apartment where his cousin had fled. Officer Johnson grabbed the back of Marquez?s shirt and pulled him back. Both fell backwards onto the pavement, and the bottle broke against the cement. Fearing that the broken bottle would be used as a weapon, the officer tried to take away the broken bottle and handcuff Marquez. Marquez began fighting with both officers, and he refused to let go of the broken bottle. Marquez kept kicking and continued to resist the officers? attempts to handcuff him.

“After cross-examination and some questioning by the court, the court expressed disbelief that Officer Johnson would ask Marquez to pick up the glass bottle, if he was concerned for his own safety. The court indeed expressed disbelief with regard to Officer Johnson?s entire testimony.”