Mexican consul files complaint about shootings

By EDWARD HEGSTROM

July 27, 2000 Web posted at: 12:27 PM EDT (1627 GMT)

In this story: Police deny wrongdoing Officers disciplined in past shooting RELATED STORIES

HOUSTON, Texas (The Houston Chronicle) -- The Mexican Consulate in Houston called Wednesday for a new investigation into the police shooting death of a Mexican national, while also accusing prosecutors of failing to uphold the rights of immigrants living in the area.

A strongly worded letter from Consul General Rodulfo Figueroa to District Attorney John B. Holmes Jr. questioned the handling of the initial investigation into the March 5 death of Jaime Santiago.

A grand jury considered the case last week, deciding not to bring charges against Houston police Officer M.S. Reutzel.

Santiago, 23, was the fourth Mexican national killed by Houston police since 1997. Figueroa said none of the cases have been investigated adequately.

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"This episode is the latest in a series of acts by your office demonstrating disregard for the rights of Mexican nationals who are the victims of police violence in the Houston area," the letter said.

Copies of the letter were sent to Mayor Lee Brown and Attorney General Janet Reno, among others.

Figueroa also says the Mexican Embassy in Washington and the Foreign Affairs Ministry in Mexico City have taken a direct interest in the events.

Holmes denied that his office has acted with any prejudice. He suggested that the four were all shot not because of their nationality but because "they were foolish people who engaged in foolish conduct."

Holmes also accused the Mexican diplomat of failing to understand Texas law.

"I think he has lost it," Holmes said of Figueroa, adding: "He can fire (off letters) till hell freezes over, but I'm not going to crank up a new grand jury."

Reutzel shot Santiago three times outside an apartment on Long Point after responding to a noise complaint. Reutzel said Santiago pointed a gun at him. The gun turned out to be a toy.

Other witnesses gave conflicting testimony.

A woman living in another apartment said she also saw Santiago pick up a toy pistol, according to police.

Aurelio Hernandez, a friend of Santiago's who was at his side, gave a different story. Police say Hernandez initially testified that he didn't notice whether Santiago had picked up the toy pistol. But he later testified that Santiago did not have the gun in his hands.

A grand jury looked over written testimony in the case last week and decided to nobill Reutzel. The witnesses waited outside, but the jurors decided they did not need to hear from them. In some cases, and despite recommendations that they hear from certain witnesses, grand jurors opt to make their decisions without hearing the testimony.

Figueroa said he found it outrageous that the case would be dismissed without hearing from the witnesses. "It creates the impression that the process was manipulated to exonerate the officer," he said in the letter.

Figueroa argued that Holmes should have called a new grand jury.

Holmes said the prosecutor in the case urged the grand jury to hear from the witnesses. Ultimately, though, it is the right of the grand jurors to decide whether to call live witnesses or rely solely on written testimony.

The district attorney argued that the grand jury system exists to limit his power as a prosecutor, which is why he does not believe in calling a second grand jury if the first one gives a result he doesn't like.

None of the officers in the four shootings have been charged with murder. But the most infamous case, the killing of Pedro Oregon, resulted in the firing of the six officers involved. One officer was tried and acquitted of trespassing in the Oregon case, and federal civil rights charges were dropped against two others.

The officers entered Oregon's southwest Houston apartment without a warrant on July 12, 1998.

Uvaldo Armendariz Garcia, 18, was shot after a confrontation with police on Sept. 7, 1997. Eulogio Perez, 31, was killed after pulling a gun on an officer on April 6, 1999.

Figueroa said the four cases, combined with Harris County's record of using the death penalty more frequently than any other jurisdiction in the United States, suggest a pattern.

The Mexican diplomat said that his office has improved its relations with the Houston Police Department and federal agencies. But he said the district attorney's office remains a problem.

The cooperation he gets from Holmes is "nothing, zero," Figueroa said in an interview. "I think he likes it that way."

But Figueroa acknowledged that he has never contacted Holmes.

Holmes noted that fact Wednesday.

"The thing he might do is pick up the phone and call me," Holmes noted after receiving the letter. "I'm the wrong guy to pick on."

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