The man punched Garcia once in the ribs, breaking three of them, removed her clothes, unzipped his pants and stroked and kissed her. Then he left suddenly. No weapon was used.220
Police determined that there was no rape or attempted rape and charged Carlos with misdemeanor assault.221 They never prosecuted, however. Instead, prison officials revoked Carlos’s parole because he had left Corpus without permission shortly after the incident at Marcos’s house.222 DeLuna was back in prison on June 22, 1982.223
Prison officials paroled Carlos again on December 30, 1982, thirty-six days before Wanda Lopez was killed.
Figure 13: Booking photographs of Carlos DeLuna from Nov. 30, 1979 (top), Dec. 23, 1979 (second), July 30, 1980 (third), 1982 (fourth), Jan. 21, 1983 (fifth), July 26, 1983 (bottom).
Juanita Garcia, Sentencing Witness Against Carlos DeLuna, Sentencing Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 21, 1983) at 25–26 (describing DeLuna as striking the witness in the chest, breaking three of her ribs; pulling his pants down part way; removing the victim’s half-slip and underwear; and “stroking” and “kissing” her, while “not” actually committing “rape”).
Lee, Corpus Christi Police Dep’t Officer, Supplementary Report (May 19, 1982) at 1:
Upon investigating this complaint it was determined that there was no rape or attempted rape that was prosecutable in this case, however, there was a class A assault that could be prosecuted. Upon discussing this with the victim a copy of the report was furnished for victim to file a restraint order on the individual being Carlos De Luna and also I took the complaint to the Municipal Court [which handles misdemeanor charges] where charges of assault were filed on this same individual in connection with this complaint. Case Closed: Filed Municipal Court.
Gilbert Garcia, Carlos DeLuna’s Parole Officer, Sentencing Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 21, 1983) at 9–10 (testifying that Carlos DeLuna “absconded from parole” around May 18, 1982);
Criminal History for Carlos De Luna, Texas Dep’t of Public Safety (May 25, 1983) (reporting that Carlos DeLuna was returned to prison on June 22, 1982 after being arrested in Smith County on a parole violation with no new criminal charges being filed).
Carlos was picked up in Smith County, which is in east Texas, about 400 miles from Corpus Christi.
See supra note 215.