HRLR
Los Tocayos Carlos
Chapter 5
Page: 10 of 17
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All Chapter 5 Footnotes

In 1978, the arrests got more serious. He was arrested in February of that year for attempted burglary and public drunkenness, but charges were dismissed for “insufficient evidence.”160 He was back in jail in March on charges of burglarizing a used car lot across the street from the Casino Club, but the same prosecutor again dismissed the charges because he mistakenly charged DeLuna with a crime for which juvenile proceedings were not permitted.161

On the last day of May, Corpus Christi police Sergeant Rick Garcia stopped a 1969 Ford at the Casino Club that had been reported stolen from Garland, Texas. Carlos was driving the car, Aida was in the passenger seat, and Manuel was in the backseat. According to a police report, Carlos had run away to Garland, Texas and stolen the car there. He had also reportedly broken into his mother’s house and stolen a TV and other things,162 and he was caught two hundred miles away in Abilene driving a car owned by the uncle of another boy in the vehicle.163

No one was prosecuted for those crimes. The paperwork on the first car theft never reached Corpus from Garland. And neither Carlos’s mother nor the uncle who owned the other car pressed charges. Instead, Margarita bailed Carlos out of jail.164

Within weeks, police had Carlos and Aida red-handed on a new rap—sneaking an elderly lady’s purse out of her house after getting inside on Aida’s pretext of needing to make a phone call. Aida’s brother saw Carlos take a ten-dollar bill and thirty dollars in food stamps out of the lady’s wallet and called the police.165 Their report describes what happened next:

[W]e received a call to 504½ Flood . . . . Upon arrival into the house we observed Ida standing by the bed looking down. There was also a very strong odor of spray paint. We asked Ida if Carlos was there and she said “Carlos who?” We looked under the bed and found Carlos and ordered him out . . . . Carlos had silver paint on his hands and paint fumes on his breath.166

Carlos had a spray can of Krylon silver paint and a beer can wet with the inhalant. Police reported that he and Aida “are currently co-habitating.”167 Carlos showed police where he and Aida had hidden the food stamps.168

This was Carlos’s fifth referral to the local Juvenile Department in nine months, and the Department finally took action.169 Its pre-disposition investigator Al Reyna reported that Carlos had “refused supervision” from Margarita for months, moved into Aida’s apartment, and worked at odd jobs. As for Carlos’s arrest, “[o]ne moment he is admitting that he is at fault and the next moment he wants to sue everyone connected with his case.”170 Finding Carlos “completely out of control” and in need of a stable and structured environment and counseling, Reyna recommended commitment to a Texas Youth Council juvenile facility.171

It was during this stay at the local Martineau Juvenile Shelter that Dr. Brauer evaluated Carlos, identifying his “dull normal” intelligence and “transparent” manipulation.172 Brauer agreed that Carlos needed a structured environment where rules of behavior are reinforced. “His present living situation in which he is free to roam and do as he pleases is totally inadequate.”173

While Carlos waited for the Juvenile Department to decide what to do with him, he and Aida were arrested again with a can of Krylon paint. Again, their hands and mouths were smeared with the stuff, but this time they were using it on the grounds of an elementary school.174 This was the earliest of Carlos’s arrests when police reported his possessions at the time of his arrest. They found a comb, tweezers, and a watch, but no weapon.175

* * * * *

The Juvenile Department placed Carlos in the custody of the Texas Youth Council, or TYC, the state agency that handles long-term juvenile incarceration. What Carlos did in TYC custody and what its psychologist learned about him are unknown because the agency destroyed all five hundred pages of his records in 2004, after twenty-five years had expired during which no one had asked for them.176

Pre-Disposition Investigation for Carlos DeLuna, Al R. Reyna, Intake Coordinator, Probation Dep’t (June 27, 1978) at 1–2 (“II. Previous History . . . . B. Juvenile Department: . . . 2. Attempted Burglary and Being Drunk—2–15–78—This case was discussed with our prosecuting attorney, Mr. Rick Rogers, who stated that there was insufficient evidence to proceed with this case to court. Therefore the case was dismissed.”).

Pre-Disposition Investigation for Carlos DeLuna, Al R. Reyna, Intake Coordinator, Probation Dep’t (June 27, 1978) at 1–2 (“II. Previous History . . . . B. Juvenile Department: . . . . 3. Burglary—3–28–78—The police report stated that Carlos and another suspect had broken into Villarreal’s Motor Company at 1114 South Port Avenue. This case was set for court however later Mr. Rick Rogers, the prosecuting attorney for the juvenile department, stated that he had made a mistake and that it turned out to be a Class C misdemeanor and therefore could not be set up for court.”);

see also Juvenile Field Interrogation for Carlos DeLuna, Sgt. Askarst, Arresting Officer (Mar. 28, 1978) at 1 (“Narrative: [Carlos DeLuna] was implicated in a Burglary at Villarreal Motor Co. 1114 So. Port Ave.”).

Villarreal’s Motor Company, at 1114 South Port Ave., was across the street from the Club Casino, at 1001 South Port.

Pre-Disposition Investigation for Carlos DeLuna, Al R. Reyna, Intake Coordinator, Probation Dep’t (June 27, 1978) at 1–2:

II. Previous History . . . B. Juvenile Department: . . . 4. Burglary, Auto theft, Runaway—6–1–78—The police report indicated that Carlos DeLuna had run away to Garland, Texas and that there he had stloen [sic] a car. He had also broken into his mother’s house and stolen a TV set and other items. However, The mother refused to press charges against him and the Garland Police Dep’t has never sent the auto theft report from Garland, Texas as was requested from them by this department. Technically this case is still pending against Carlos DeLuna.

See also Arrest Sheet No. C08973 for Carlos DeLuna, Corpus Christi Police Dep’t (May 31, 1978) at 1:

Location of the Arrest: 1001 So. Port. . . . Violation: Auto Theft, Burglary . . . Narrative: Sub. Was arrested at the Club Casino, 1001 So. Port for Auto theft + Burglary. Sub in possession of a 1969 Ford, Tex. L.P. GUL604 stolen out of Garland, Tex. Also wanted for a burglary. Hold + Notify Sgt. P. Gutierrez. Sub arrested, transported to city jail. Booked on above charge. . . . Summary of Details of Theft/Recovery: As officer Garcia #194 was arriving to work security at Club Casino, 1001 S. Port, he saw above described vehicle backing out of the parking lot and the officer recognized it as a vehicle which had been reported as stolen out of Garland, Texas. The driver of the vehicle was Carlos DeLuna, 16 years of age. Subject was also sought by Sgt. Gutierrez, reference a burglary. The front seat passenger was a runaway female, Aida Sosa. The rear seat passenger was Ricky Hernandez and Manuel DeLuna. On the front seat of the vehicle, between the driver and the passenger was as small transistor radio, white in color, and an expensive looking camera . . . .

Juvenile Call Sheet for Carlos DeLuna, Juvenile Dep’t, Case #7147 (June 1, 1978) at 1 (“Subject arrested at 1000 Blk. So. Port. Wanted for Burglary by Sgt P Gutirrez and Auto Theft out of Garland, Texas. Booked at citybjail [sic] on above charges.”).

Pre-Disposition Investigation for Carlos DeLuna, Al R. Reyna, Intake Coordinator, Probation Dep’t (June 27, 1978) at 1–2 (“II. Previous History . . . B. Juvenile Department: . . . 6: Auto Theft—Carlos was arrested in Abilene, Texas in a stolen vehicle along with other suspects. The Abilene Juvenile Department stated that Carlos had stolen a car in Garland, Texas. It was later learned that the car belong to an uncle of one of the suspects that was with Carlos and that this uncle refused to press charges. Therefore the case was dropped against Carlos.”).

Pre-Disposition Investigation for Carlos DeLuna, Al R. Reyna, Intake Coordinator, Probation Dep’t (June 27, 1978) at 1–2.:

II. Previous History . . . B. Juvenile Department: . . . 4. Burglary, Auto Theft, Runaway—6–1–78—The police report indicated that Carlos DeLuna had run away to Garland, Texas and that there he had stloen [sic] a car. He had also broken into his mother’s house and stolen a TV set and other items. However, The mother refused to press charges against him and the Garland Police Department has never sent the auto theft report from Garland, Texas as was requested from them by this department. Technically this case is still pending against Carlos DeLuna. . . . 6: Auto Theft—Carlos was arrested in Abilene, Texas in a stolen vehicle along with other suspects. The Abilene Juvenile Department stated that Carlos had stolen a car in Garland, Texas. It was later learned that the car belong to an uncle of one of the suspects that was with Carlos and that this uncle refused to press charges. Therefore the case was dropped against Carlos.

The items stolen from Carlos’s house probably belonged to his half-sister Antonia. See Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 20:18:46–20:19:36 (“Breaking into people’s houses and stealing. He was breaking into people’s homes, he broke into my sister’s home that lives in Corpus. Her name is Toni, her husband’s name is Joe, last name is Peña. He broke into their home and stole a lot of stuff.”);

Susan Montez’s Notes on Interview with Rose Rhoton, Sister of Carlos DeLuna (July 19, 2004) at 3 (“Toni said Carlos broke into her house and stole some stuff.”).

Sergeant Bible, Corpus Christi Police Officer, Offense Report (June 19, 1978) at 1–2:

Victim: Laningham, Bonnie . . . . Age: 78. . . . . Suspect 1: Deluna, Carlos; Suspect 2: Sosa, Ida . . . . Narrative: Met victim at her home who advised that on this date witness Arturo Sosa brought her billfold to her less the afore listed items [$10 dollar bill; thirty dollars’ worth of food stamps]. Arturo Sosa advised that his sister, Ida and Carlos DeLuna went to victim’s residence to use the phone. Carlos sat and talked with victim in the living room. The four young people left and upon getting home Arturo saw Carlos pull a lady’s purse from his belt. Carlos then took out the money and food stamps and threw the billfold aside. Carlos took victim’s personal checkbook, tore it into pieces and threw the pieces away. Carlos and Ida then left with the money and food stamps. At approximately 8:49 PM we received a call to 504½ Flood. We were admitted by Arturo. Upon arrival into the house we observed Ida standing by the bed looking down. There was also a very strong odor of spray paint. We asked Ida if Carlos was there and she said “Carlos who?” We looked under the bed and found Carlos and ordered him out. Ida was handcuffed as was Carlos as soon as he got up. Carlos had silver paint on his hands and paint fumes on his breath. Under the bed was a schiltz can with wet silver paint. A spray can of silver krylon paint was found yet later destroyed. Carlos and Ida were advised of the [illegible] and put in our unit [squad car]. The area within their reach was searched with no results. Carlos was also frisked without result. Food stamps and money are [not?] located at this time. Carlos and Ida are currently co-habitating.

Juvenile Field Interrogation Report for Carlos DeLuna, I. Loa and Sgt. Bible, Arresting Officers (June 19, 1978) at 1 (p.12 of set) (“Above subject was I.D. by victim as being the subject inside 522 Flood, where a wallet containing $19.99 cash, and $30.00 in Food Stamps was stolen. Subject was hiding under the bed at 504½ Flood when officers arrived. Subject also had a can of Krylon paint and had a strong odor on his body w/bloodshot eyes. Subject turned over to Juv.”);

Officer Rodriguez, Corpus Christi Police Officer, Supplementary Report (undated, June 19 or 20, 1978) at 1:

The above two subjects were arrested at 504½ Flood after being identified as the two subjects who had stolen ten dollars in cash and $30.00 in food stamps from a victim living at 522 Flood. Both subject were booked and then transferred to Martineau [Juvenile Shelter]. Both parents were notified. Subject # 1 [Carlos] shows 6 arrests. Subject #2 [Ida] shows 7 arrests.

Pre-Disposition Investigation for Carlos DeLuna, Al R. Reyna, Intake Coordinator, Probation Dep’t (June 27, 1978) at 1–2:

Reason for Hearing: Theft 6–19–78. On above mentioned date Carlos DeLuna was referred to this department for the fifth time on a charge of theft from a residence. According to the police report, Carlos together with other suspects broke into the residence of Mrs. Bonnie Laninghim of 522 Flood Street in Corpus Christi, Texas. Taken in the burglary was $10 in cash and approximately $30 in food stamps. The Police were tipped off that Carlos had been involved in this theft and they went to his residence at 504½ Flood Street where they found him hiding under the bed. They also found the stolen merchandise in his apartment. . . . . II. Previous History: . . . B. Juvenile Department: . . . 5: Theft—6–19–78—This case has been set for June 30, 1978.

Sergeant Bible, Corpus Christi Police Officer, Offense Report (June 19, 1978) at 1–2:

At approximately 8:49 PM we received a call to 504½ Flood. We were admitted by Arturo [Sosa]. Upon arrival into the house we observed Ida standing by the bed looking down. There was also a very strong odor of spray paint. We asked Ida if Carlos was there and she said “Carlos who?” We looked under the bed and found Carlos and ordered him out. Ida was handcuffed as was Carlos as soon as he got up. Carlos had silver paint on his hands and paint fumes on his breath. Under the bed was a schiltz can with wet silver paint. A spray can of silver krylon paint was found yet later destroyed. Carlos and Ida were advised of the [illegible] and put in our unit [squad car]. The area within their reach was searched with no results. Carlos was also frisked without result. Food stamps and money are [not?] located at this time. Carlos and Ida are currently co-habitating.

Sergeant Bible, Corpus Christi Police Officer, Offense Report (June 19, 1978) at 1–2.

Officer Rodriguez, Corpus Christi Police Officer, Supplementary Report (undated, June 19 or 20, 1978) (“The above two subjects were arrested at 504½ Flood after being identified as the two subjects who had stolen ten dollars in cash and $30.00 in food stamps from a victim living at 522 Flood. Both subject were booked and then transferred to Martineau [Juvenile Shelter]. Both parents were notified. Subject # 1 [Carlos] shows 6 arrests. Subject #2 [Ida] shows 7 arrests. . . .”);

Sergeant J.D. Johnson, Corpus Christi Police Officer, Supplementary Report (June 20, 1978) (“Sgt. F. Gutierrez # 124, of the Criminal Investigative Division, went to 504½ Flood Street with Carlos DeLuna. Carlos DeLuna showed us where the food coupons were hidden beneath the wash stand in the bathroom. He got them and gave them to Sgt. J. O. Johnson. The food coupons book . . . had $27.58 worth of food coupons in it . . . .”).

Sergeant Bible, Corpus Christi Police Officer, Offense Report (June 19, 1978) at 1–2

Pre-Disposition Investigation for Carlos DeLuna, Al R. Reyna, Intake Coordinator, Probation Dep’t (June 27, 1978) at 2–3:

Carlos DeLuna was born in Corpus Christi, Texas on March 15, 1962. He has lived in this area all of his life and prior to this court hearing he was living in an apartment by himself at 504½ Flood Street [Aida Sosa’s residence]. He has been on his own for several months having refused any supervision from his natural mother and working off and on at odd jobs . . . . Carlos DeLuna has expressed very little concern over the situation in which he finds himself and has stated to his counselor that he does not understand why he is being held or for that matter why he is going to court. One moment he is admitting that he is at fault and the next moment he wants to sue everyone connected with his case. It is this counselor’s opinion that Carlos has very little conscience and he is only sorry that he got caught by the police regarding this case. It is doubtful whether Carlos DeLuna will cooperate with this department or with the Texas Youth Council if he were to be committed.

Pre-Disposition Investigation for Carlos DeLuna, Al R. Reyna, Intake Coordinator, Probation Dep’t (June 27, 1978) at 4:

Recommendation: A. It is respectfully recommended that Carlos DeLuna be committed to the care and custody of the Texas Youth Council in order that he can be worked with on a daily basis. B. Justification for Recommendation: It is felt that commitment to the Texas Youth Council is necessary for the following reasons: 1. Carlos DeLuna is currently completely out of control and is in need of a structured and controlled environment in order that his antisocial behavior can be corrected or at least controlled. 2. Carlos DeLuna is in need of counseling services in the area of self-control and self-discipline and needs to be taught the value of respecting authority and discipline. 3. Carlos needs to be watched very closely and needs a very stable environment in order that he can be worked with effectively. It is obvious that probation would not work with Carlos and there is every indication it would continue to promote his antisocial and delinquent behavior.

See supra note 142 and accompanying text.

Letter from Roland J. Brauer, Ph.D. to Martineau Juvenile Shelter Regarding Carlos DeLuna (June 27. 1978) at 2:

Impression: . . . It is my impression that Carlos has not learned to develop adequate controls over his impulses. He could benefit from a more structured environment, and one in which rules of behavior are reinforced. His present living situation in which he is free to roam and do as he pleases is totally inadequate. Unless a more structured environment is provided, it is anticipated that more delinquent behavior will be exhibited.

R.S. Lara, Corpus Christi Police Officer, Offense Report (July 19, 1978) at 1:

[On July 15, 1978),] Officer received a call to Sam Houston Elementary school reference suspicious subjects. As officers drove up to the portable buildings, observed one subject running behind the buildings in the rear of the school. Officer apprehended subject and found him to have a half can of Kaylon silver spray paint on hi[m] and observed also to have a coke can with paint in it. Subject also had his hands and mouth with silver spray paint. Subject placed under arrest for paint sniffing and when taken back to the front of the portable buildings, apprehended the other two subjects with assistance by Unit #127, Sgt. Featherstone. The other two subjects [including Aida Sosa] also had silver spray paint on their hands and mouth and also were in possession of coke cans with silver spray paint in them. All three subjects were arrested and transported to City Jail and booked: #1—Carlos DeLuna . . . . #3 Ida Sosa.

Juvenile Call Sheet for Carlos DeLuna, Juvenile Dep’t, Case #7147 (July 19, 1978) (“Above subject [Carlos DeLuna] arrested at Sam Houston Elementary on above charge [Inhaling Toxicants] after observing him with silver spray paint on his hands and mouth.”).

R.S. Lara, Corpus Christi Police Officer, Offense Report (July 19, 1978) at 1 (“Location of arrest: 363 Norton . . . . Violation: Paint Sniffing . . . . Narrative: Above subject arrested on above charge at above location after he was observed sniffing paint at same location officers observed silver spray paint on subject’s hands. Also found a coke can with pain on subject. . . . Property Record: 1 comb, 1 watch, 1 pair of tweezers.”).

See Letter from William Belford to James Liebman (Aug 3, 2005) (“[I] just got confirmation that DELUNA’S TYC records—500 pages worth . . .—have been destroyed after the recent expiry of the 25 year retention period . . . .”).

Chapter 5
Page: 10 of 17