Page 32 - TPA Journal March April 2023

that, that was your intention. But, if things turned questioning, Ranger Vela said, “Going back to the
out bad, we need to know that. We need to know pistol. You stated that you remember that Ismael
what exactly happened.” had it. When you got off the truck, at the time the
truck stalled—And I thank you, Gustavo, that you
Shortly after that, Ranger Vela told Appellant that are remembering, I thank you for that.” Appellant
he was facing a capital felony charge, and responded, “Yes, but I don’t want to continue
the following colloquy occurred: talking (unintelligible) anymore right now,
please.” Ranger Vela then responded, “Let me ask
RANGER VELA: Do you know who the person you a question; only answer me this: Do you think
whom you (both) shot is? that you all threw it in the brush?” Appellant
APPELLANT: No. replied, “I don’t know. I would imagine that
RANGER VELA: The person whom you and maybe it is in the brush. I don’t know.” Ranger
Ismael tried to rob? Vela then asked if Appellant was positively sure
APPELLANT: I don’t know. he did not have it, and Appellant responded that
RANGER VELA: Do you know what the he did not know but then admitted that he had the
punishment for a capital felony is? pistol for a while. When asked if he remembered
APPELLANT: I will be killed. having the pistol in his vehicle, Appellant
RANGER VELA: .—and jail for life. It doesn’t responded, “Yes, I—like I told you; I don’t want
matter that you are Mexican. It to continue talking right now.” Ranger Vela then
doesn’t matter that you are an illegal (alien) here. asked, “Why?” and Appellant responded that he
The punishment is going to—the punishment is did not know and could not remember. After that
going to take place here (overlap)—in the United Ranger Vela suggested taking a break, and
States. Appellant responded that he wanted to sleep. The
APPELLANT: It has to be punished. rangers terminated the interview.
But then Appellant reiterated his original story:
“That we arrived and they started shooting.” b. Second Interview
Ranger Vela urged Appellant to tell the truth. At
one point he said, “[W]e are going to reach a point At the beginning of the second interview, Ranger
in court when we are going to talk to them before Vela asked Appellant if he understood his
trial and they are going to say: ‘When you spoke rights, and Appellant said, “Yes.” Ranger Vela
to Gustavo and with other guys—the other guy, asked if Appellant wanted the rights read to him
Ismael; were they honest with you; did they tell again, and he responded, “No. I already
you?’ Our answer will be: ‘Yes or no.’ I am not understood them.” But Ranger O’Connor
saying that this is going to affect you or not; it may interjected, “Read them one more time,” and
or may not affect you in court.” In response to this Ranger Vela read the Article 38.22 warnings. He
and further admonitions to tell the truth, Appellant also read a statement that Appellant had waived
said that he “took a pill” and he did not remember. the rights “in this document” of his “full
knowledge, intelligence, and free will,” and
Ranger Vela asked about “the pistol” and whether Appellant acknowledged his signature to a
he was carrying it on his waist. Appellant waiver-of-rights form. When asked what he
replied, “No, I didn’t have it with me.” When remembered, Appellant responded, “Idid fire” but
asked if the passenger had it, Appellant responded, that “theyfired first.” When asked to clarify
“I think so, yes. I am not sure; I don’t want to lie “they,” Appellant responded, “There were two
to you. Isn’t it in the truck?” After further there. They fired and I fired back; and, well, I am

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