HRLR
Los Tocayos Carlos
Chapter 5
Page: 11 of 17
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All Chapter 5 Footnotes

Other law enforcement records reveal, however, that Carlos was in and out of TYC programs and institutions during 1978 and 1979. Things hadn’t gone as Reyna and Brauer had hoped:

September 1978 — runaway from a court-ordered Job Corps placement.177

January 1979 — unauthorized use of an automobile to escape from the Crockett State School for Boys ($12.25 and no weapon in his pockets).178

November 1979 — intoxicated at the scene of a car wreck; Carlos had crashed Manuel’s red Toyota through a chain link fence, smelled of alcohol and couldn’t recite his ABCs (comb, billfold, money clip, keys and traffic tickets; no weapon).179

December 1979 — TYC parole violation for driving a friend’s car without permission and without a driver’s license, ending up in a ditch.180

December 1979 — unspecified TYC parole violation following an arrest by Sergeant Rick Garcia at the Casino Club (comb, billfold, keys, papers and bracelet; no weapon).181

January 1980 — escape from a TYC facility.182

In between arrests, Carlos worked at a Whataburger and as a busboy at a sit-down restaurant.183

With Carlos’s eighteenth birthday approaching, the youth council gave up on him in early 1980 and left him to the Corpus Christi police. By then, alcohol had replaced spray paint as his substance of choice to abuse. The Casino Club, to which Manuel, an under-age regular, had introduced his younger brother a few years earlier,184 was Carlos’s favorite place to drink.

Other customers remembered Carlos from that time as “hyper. He talked fast and drank a lot.”185 A cop who moonlighted as a bouncer at the club said “regulars” there typically described DeLuna as “stupid or crazy.”186

The next few months were a revolving door of trouble, jail stints, and more trouble:

February 6, 1980 — drunk and disorderly outside his mother’s home where he was loudly and profanely arguing with her and his stepfather (comb and billfold with no cash; no weapon).187

February 7, 1980 — minor consuming alcohol at the Casino Club after being turned away and sneaking back in (comb, billfold; no weapon).188

March 5, 1980 — trespassing at the Casino Club which he insisted on entering when the owner as well as police told him he couldn’t; Sergeant Rick Garcia was the arresting officer (comb, billfold, cigarette lighter; no weapon).189

March 28, 1980 — public drunkenness and disturbance in the middle of the street outside Margarita’s home (comb, billfold; no weapon).190

May 23, 1980 — public intoxication after staggering up to a police officer who had arrested him a month earlier and daring him “to do it again” (comb, billfold, papers; no weapon).191

* * * * *

It was during this period when Rose, a year younger than Carlos and in high school, confronted Margarita about how strict and impatient she was with the other children and how tolerant she was of Carlos.192

Resentful of the latitude Margarita gave Carlos, Rose had some sympathy for how the Corpus police felt about her brother. Because Margarita was illiterate and only spoke Spanish, Rose often accompanied her to get Carlos out of jail.193

Juvenile Call Sheet, Department Case # 7147, Nueces County Juvenile Dep’t (Sept. 8, 1978) (“Charge: Runaway from Job Corp in Indianola Oklahoma. . . . Facts: Carlos DeLuna ran away from the Job Corp Center in Indianola Oklahoma after he was sent there by verbal order of Judge Norman Utter. Carlow ran away on Sept 1, 1978 and was arrested by the Garland, Texas Police Dept. on or about Sept 3, 1978. Judge Utter has ordered that Carlos be detained until Sept 11, 1978 when Carlos is to appear before Judge Utter.”).

Arrest Sheet No. C16196 for Carlos DeLuna, Corpus Christi Police Dep’t (Jan. 12, 1979). This record refers to “Crocker” State School, but the school’s name is Crockett.

Arrest Sheet No. C28914 for Carlos DeLuna, Corpus Christi Police Dep’t (Nov. 30, 1979) (listing the arrestee as Carlos “Luna,” but signatures on the report read “Carlos DeLuna”):

Violation: Drunk @ Wreck Scene. Narrative: on 30 Nov. 79 approx 9:15 PM my partner officer Benavides # 58 and I received a call in reference to a minor accident at the above stated location. Upon arrival my partner and I observed a red Toyota compact car which had run into a section of chain link fence belonging to the U-Haul Corporation. Officer Flora Emp # 427 of unit #106 was present at the scene and stated that he observed the above stated subject [Carlos DeLuna] behind the subject vehicle. He stated that subject was apparently trying to back out of the fence. Subject was asked to depart his vehicle. My partner extracted subject and subject had a strong odor of alcoholic beverage coming from his breath. My partner asked subject to recite the ABC’s and subject could not say them correctly. Subject swayed from side to side as he stood on smooth asphalt. Subject placed under arrest drunk at a wreck scene and transported to city jail. . . . Subjects [sic] vehicle impounded to city pound . . . .

James S. Liebman’s Notes on Interview with Rose Rhoton, Sister of Carlos DeLuna (July 11, 2004) at 4 (“Before that he [Carlos DeLuna] lived with Manuel, until M [Manuel] kicked him out. Carlos borrowed Manuel’s truck, got drunk and totaled it. M kicked him out.”).

Floyd Bieniek, Corpus Christi Police Officer and Character Witness Against Carlos DeLuna, Corpus Christi Police Dep’t Motor Vehicle Report (Dec. 30, 1978) at 1 (“Summary of Details of Theft/Recovery: Mr. Nino stated he was at the People Street T head with some friends this morning and a friend of his named Carlos took off with his car and did not return. Mr. Nino wants to file against Carlos.”);

Floyd Bieniek, Corpus Christi Police Officer and Character Witness Against Carlos DeLuna, Corpus Christi Police Dep’t Motor Vehicle Report (Jan. 2, 1979) at 1:

Summary of Details of Theft/Recovery: Officer Rickey Benavides, El Campo, Texas Police Department stopped this vehicle and arrested Carlos DeLuna date of birth 3–15–61 for no driver’s license. The subject posted bond and was released. The vehicle was not entered into NCIC as stolen because the owner did not know the VIN. After being released on bond the subject DeLuna drove the vehicle into a ditch and got stuck. The vehicle was towed to Franks Wrecker Service in El Campo. The subject DeLuna has attempted to get the car out twice because he has no money. He even offered to bring in a pick up truck and to leave it in place of the car. Owner notified . . . .

D.G. Harrison, Corpus Christi Police Officer, Corpus Christi Police Dep’t Arrest Sheet, for Carlos DeLuna (Jan. 12, 1979) at 1.

Arrest Sheet No. C29910 for Carlos DeLuna, Corpus Christi Police Dep’t (Dec. 22, 1979) at 1 (“Time booked:10:50 pm, . . . Location of arrest: 1001 S. Port [Casino Club], . . . Violation: violation of parole from TYC, . . . Narrative: Subj[ect] was arrested for violation of parole out of TYC. This was verified by L[ieutenant] Jones on 12/21/79. Subj[ect] refused to give any information, . . . Property record: 1 billfold, 1 comb, 6 keys, papers, 1 bracelet, Total Cash: $4.27 [no knife or other weapon found].”).

D.G. Harizon # 419, Corpus Christi Police Officer, Corpus Christi Police Dep’t Arrest Sheet for Carlos DeLuna (Jan. 12, 1979) at 1 (“Violation: Warrant # 15307; Hold Sgt. Bianick [sic: Bieniek], Escapee TYC 90112–081.”);

see also Susan Montez’s Notes on Interview with Linda Perales Ayala, Step-Mother of Pricilla Hernandez Jaramillo and Ex-Wife of Manuel DeLuna (July 24, 2004) at 2–3 (“Linda . . . remembered Carlos getting into trouble and going to juvie, and some kind of boot camp.”).

Arrest Sheet No. C28914 for Carlos DeLuna, Corpus Christi Police Dep’t (Nov. 30, 1979) at 1 (“Place of Employment: Wataburger [sic]”);

Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 20:37:01–20:38:57 (“Manuel was the mean one, Carlos wasn’t. As I recall, when he was working. When Carlos dropped out of school, Carlos worked at Whataburger. There would not go a day if Carlos, when he got out of work, would bring hamburgers.”);

see Arrest Sheet No. C31988 for Carlos DeLuna, Corpus Christi Police Dep’t (Feb. 6, 1980) at 1 (“Occupation: busboy. Place of Employment: Andy’s Restaurant.”).

Transcribed Videotape Interview with Yolanda Ortiz, Owner of the Casino Club, in Corpus Christi, Texas (Dec. 5, 2004) at 09:12:21–09:14:18 (listing Manuel and Carlos DeLuna as well as Linda Perales as regulars at the Casino Club that Ortiz owned and managed);

Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 20:35:50–20–36:33:

Q. There was a club in Corpus Christi called the Casino Club. Did you ever hear of that?

A. Yes, I did.

Q. Did you ever go to the Casino?

A. No, never.

Q. Do you know anyone that did go to the Casino?

A. My brother, Manuel, went there constantly, to the Casino Club. And Carlos went there, too, to hang out.

Q. So if, let’s say, Carlos Hernandez hung out at the Casino Club, that might be a place where your brother, Manuel, knew him.

A. Yes, yes. Manuel hanged [sic] out a lot at the Casino Club. Yes, that was his favorite place.

James S. Liebman’s Notes on Interview with Manuel DeLuna, Brother of Carlos DeLuna (Aug. 17, 2004) at 1–2 (noting that Manuel frequented the Casino Club starting in 1976, when he was fifteen and that the club was “weird and wild”);

Susan Montez’s Notes on Interview with Linda Perales Ayala, Step-Mother of Pricilla Hernandez Jaramillo and Ex-Wife of Manuel DeLuna (July 24, 2004) at 2 (“Linda knew Carlos DeLuna because she liked and hung out with his brother Manuel. . . . Linda remembered Carlos as being ‘real hyper.’ He talked fast and drank a lot. They all hung out at the Casino Club. Linda loved that place. She loved to go there and dance.”);

see infra Chapter 6, notes 17–21, 26 and accompanying text.

Susan Montez’s Notes on Interview with Linda Perales, Step-Mother of Pricilla Hernandez Jaramillo and Ex-Wife of Manuel DeLuna (July 24, 2004) at 2 (“Linda knew Carlos DeLuna because she liked and hung out with his brother Manuel. . . . Linda remembered Carlos as being ‘real hyper.’ He talked fast and drank a lot. They all hung out at the Casino Club.”).

Thomas Mylett, Corpus Christi Police Officer, Supplementary Report (Feb. 8, 1983) at 1 (“Quite a few people, regulars at the Casino, noted the subject [DeLuna] as being stupid and/or crazy.”).

Arrest Sheet No. C31988 for Carlos DeLuna, Corpus Christi Police Dep’t (Feb. 6, 1980) at 1:

Violation: Drunk & Disorderly. Narrative: Above subject [Carlos DeLuna] was involved in a disturbance at the above location. On contacting the subject he became unruley [sic] and verbal. Subject was found to be intoxicated by evidence of the strong odor of alcoholic beverages, bloodshot eyes and unsteady on his feet. Subject involved in an argument with his parents using loud and profane language. . . . Property Record: 1. Billfold. 1. Comb [no weapon].

Arrest Sheet No. 32053 for Carlos DeLuna, Corpus Christi Police Dep’t (Feb. 7, 1980):

Location of arrest: 1001 S. Port Street [the Casino Club] . . . . Violation: Minor Consuming Alcoholic Beverages. Narrative: Subj. was at the above location and was told to leave because officer knew he was a minor. Subj. left and later returned and somehow entered the club and was drinking beer. It is unknown who bought the beer for him. . . . Property Record: 1 Billfold and 1 Comb [no weapon] . . . . Total Cash: [$].06. . . . Time Served: 5.00 (hours). Total Fine: 175.50. Rel[ative]. to Pay: 50.00.

Arrest Sheet No. C33299 for Carlos DeLuna, Corpus Christi Police Dep’t (Mar. 5, 1980) (“Location of Arrest: 1001 S. Port. . . . Violation: Trespassing. . . . Narrative: Subj. insist on entering the Club Casino when the owner as well as the police have repeatedly told him not to enter the place because he has anybody buy beer for him and he is only seventeen years old. . . . Property Record: 1. Billfold. 1. Comb. 1. Lighter [no weapon].”).

Arrest Sheet No. C34425 for Carlos DeLuna, Corpus Christi Police Dep’t (Mar. 28, 1980), at 1:

Location of Arrest: 2000 Blk. Rockford. . . . Type of Premises: Public Street. . . . Violation: Drunk. . . . Narrative: Above subject was involved in a disturbance at the above location. Upon arrival subject was in the middle of the street, when speaking to subject; subject had blood shot eyes, slurred speech and breath smelled of some type of alcoholic beverage. Subject was arrested for the above charge and was transported to city jail. . . . Property Record: 1 billfold. 1 comb. . . . Total Cash: .02¢ [no weapon] . . . Rel[ative] to Pay: 20.00 Due Date: 4–30–80.

Arrest Sheet No. C37221 for Carlos DeLuna, Corpus Christi Police Dep’t (May 23, 1980) (“Location of Arrest: 1001 S. Port. . . . Violation: Public Intoxication. . . . Narrative: Above subject staggered up to officer and told officer the he had arrested him about a month ago and that he would like to see officers do it again. Subject had also started a disturbance approx. 20 minutes prior. His breath smelled strong of some type of intoxicant, eyes bloodshot, speech slurred. . . . Property record: 1 billfold, 1 comb, papers. . . . Total Cash: ($)0 [no weapon].”).

See supra notes 62–63, 67–68, 76 and accompanying text.

Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 20:35:03–20:35:50 (“You have to understand, going back from the early ages when my brother was going in and out of jail constantly. My mom was always bailing him out. He would always say, ‘I’ll be out of here in an hour, you watch.’ Because I would go with my mom to bail him out. He would just go out laughing, ‘I told you I’d be out.’”).

Chapter 5
Page: 11 of 17