HRLR
Los Tocayos Carlos
Chapter 5
Page: 14 of 17
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All Chapter 5 Footnotes

When Rose talked about the bridges Carlos burnt by being cocky and “piss[ing] off a lot of the police officers in Corpus,”224 she might have been referring to Officer Thomas Mylett.

Mylett was the Corpus Christi cop who the police dispatcher had first radioed to go to the Sigmor when Wanda screamed, but had failed to answer. He arrived in time, however, to help pull Carlos out from under the pick-up truck. And it was he who proposed bringing DeLuna “back” to the Sigmor for identification.225

Mylett was also present when arresting Officer Shauer radioed in that he was driving Carlos the three blocks to the filling station, then, for unexplained reasons, took a quarter-hour to get there.226

When they brought Carlos out from under the truck, Mylett recognized him as the twenty-year-old he’d arrested two weeks earlier at the Casino Club for drunk and disorderly conduct.227 The cop immediately broadcast the reason for the earlier arrest to anyone who was within radio-shot.228

Mylett had been off duty, working security at the Casino Club, when Carlos, stinking drunk, stumbled up and asked if he “knew [Rick] Garcia, the police officer who was shot last year.” Carlos then told Mylett that he was glad Garcia had been shot and wished that he’d been killed.229 Rick Garcia had himself arrested Carlos several times at the club.230

Then, according to Mylett, “[s]ubject asked if I wanted to fight about the conversation he just had with me. I . . . had the subject step outside the night club and arrested him for public intoxication and disorderly conduct.”231

* * * * *

After pulling him out from under the pick-up truck, Mylett and Schauer stood DeLuna up and checked his pockets, finding a billfold but no weapon.232 The police in Corpus, Dallas, Garland, Abiline, and the other cities where he’d been arrested had never found a weapon on him.233 Detective Eddie Garza didn’t remember hearing that DeLuna ever carried a weapon.234 None of his siblings or friends ever saw him with one.235 Rose thought Carlos would never carry a gun or knife. He’d be too scared.236

Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 20:33:28–20:34:20 (“I strongly believe, Carlos burnt so many bridges when he was a teenager and he was so cocky that he pissed off a lot of the police officers there in Corpus.”);

see supra notes 196–197and accompanying text.

See supra Chapter 2, notes 125–126, 191, 256–260, 269–272 and accompanying text.

See supra Chapter 2, notes 268–272 and accompanying text.

Thomas Mylett, Corpus Christi Police Officer, Supplementary Report (Feb. 8, 1983) at 2:

I had arrested this subject in the recent past for disorderly conduct at the Club Casino. . . . Approximately 3–4 weeks ago, the suspect entered the Casino and was very open about letting people know he had recently been released from the state penitentiary. At one point, suspect told my partner that he, the suspect, was in the pen when Sgt. Enrique Garcia got shot, but that he, the suspect, thought Garcia should have died. He used some obscene language in the course of saying this (I.E. mother fucker or son of a bitch to take the place of people’s names) . . . .

Carlos De Luna’s criminal records show that Officer Mylett arrested him on January 21, 1983. See Arrest Sheet No. 80508 for Carlos De Luna, Corpus Christi Police Dep’t (Jan. 21, 1983) at 1 (describing incident: DeLuna approached police working off-duty in the Casino Club nightclub and informed them that he knew Officer Rick Garcia, who was shot the prior year, and thought Garcia should have died; then DeLuna asked if the officer wanted to fight);

Steve Mills & Maurice Possley, ‘I Didn’t Do It But I Know Who Did,’ New Evidence Suggests a 1989 Execution in Texas Was a Case of Mistaken Identity, First of Three Parts, Chi. Trib., June 25, 2006, available at http://www.chicagotribune.com/news/chi-tx-1-story,0,653915.story?page=5 (“Almost immediately [after being paroled], he [DeLuna] was arrested for public intoxication. During the arrest, De Luna allegedly laughed about the wounding of a police officer months earlier and said the officer should have been killed.”).

See Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:49:41, 8:50:43 (tape at 00:41:00, 00:42:02) (recording transmissions from Officer Mylett stating that he recognized Carlos DeLuna as a man he had a couple of weeks before at the Casino Club);

supra Chapter 2, notes 255–261 and accompanying text.

See Arrest Sheet No. 80508 for Carlos De Luna, Corpus Christi Police Dep’t (Jan. 21, 1983) at 1–2:

Location of Arrest: 1001 S. Port [Casino Club]. . . . Violation: Public Intoxication. Narrative: while working off-duty the above subject asked me if he could talk to me. He then said if I knew Enrique Garcia the police officer that was shot last year. He then said that he was glad that the officer was shot and that officer Garcia should have been killed. While he spoke I noticed that his breath had a strong odor of an alcoholic beverage, he swayed from side to side as he stood and his speech was very slurred. Subject asked if I wanted to fight about the conversation he just had with me. I then had the subject step outside the night club and arrested him for public intoxication and for disorderly conduct. He was then transported to the city jail where he was turned over to the booking desk personnel. . . . Property Record: 1 billfold. 1 drivers license [no weapon].

See supra notes 162, 181, 190, 229 and accompanying text.

See Arrest Sheet No. 80508 for Carlos De Luna, Corpus Christi Police Dep’t (Jan. 21, 1983) at 1–2:

Location of Arrest: 1001 S. Port [Casino Club]. . . . Violation: Public Intoxication. Narrative: while working off-duty the above subject asked me if he could talk to me. He then said if I knew Enrique Garcia the police officer that was shot last year. He then said that he was glad that the officer was shot and that officer Garcia should have been killed. While he spoke I noticed that his breath had a strong odor of an alcoholic beverage, he swayed from side to side as he stood and his speech was very slurred. Subject asked if I wanted to fight about the conversation he just had with me. I then had the subject step outside the night club and arrested him for public intoxication and for disorderly conduct. He was then transported to the city jail where he was turned over to the booking desk personnel. . . . Property Record: 1 billfold. 1 drivers license [no weapon].

See Arrest Sheet No. 80508 for Carlos De Luna, Corpus Christi Police Dep’t (Jan. 21, 1983) at 1–2.

See supra notes 187–191, 229, 231 and accompanying text. The authors have reviewed every law-enforcement and prison record we have been able to obtain on Carlos DeLuna and have found no reference to a weapon ever being found in DeLuna’s possession. Nor has any witness who testified in court in a case involving DeLuna or any other witness with whom we have spoken recalled ever seeing him with a weapon.

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 01:42:17–01:43:14 (responding to question whether Carlos DeLuna was the type of person who carried a knife: “Not to my knowledge. I don’t remember I ever arrested him, that he carried a knife. Carlos Hernandez, yes, I arrested him in possession of a knife similar to the one that was found at the crime scene.”).

Blas Avalos, Stepfather of Carlos DeLuna, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 408 (“Q. Do you know if Carlos De Luna owned a knife? A. Carlos has never carried a knife.”);

James S. Liebman’s Notes on Interview with Rose Rhoton, Sister of Carlos DeLuna (July 11, 2004) at 3 (“Carlos never carried a knife. He never carried a gun.”).

Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 20:57:55–20:58:52 (“But it wasn’t in him to hold the gun and rob you or to have a knife in his hand and stab you”);

see Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 19:59:44–20:02:58:

As growing up as kids, my brother was afraid of the dark. That tells you something about a person. He was afraid of the dark. And growing up as kids we had a paper route, he and I had a paper route. We rolled up papers and we would go throw them out early in the morning. He was afraid of a Chihuahua this big. 13 year-old boy afraid of a Chihuahua this big. So I know my brother couldn’t commit such a crime that they say that he did.

Chapter 5
Page: 14 of 17