A Texas Democratic prosecutor facing a suspension has tendered her resignation after nearly two years of botched prosecutions and alleged mishandling of a case against the suspect in one of America’s largest mass shootings. District Attorney of El Paso Yvonne Rosales‘ Resignation will take effect just a day before a judge should decide whether to oust her pending a trial.
The process of giving the boot to Rosales was the first initiated on August 24 by El Paso criminal defense attorney Omar Carmona, who filed a petition to remove the Democratic prosecutor for incompetence and alleged official misconduct.
The petition accused Rosales of failing to charge cases in a timely manner; significant decreases in case files; abuse of the Gabaldon murder case; mishandling and delaying the 2019 Walmart massacre in El Paso; and malicious representations in court.
“Rosales’ incompetence is evident both in her behavior and in the behavior of her subordinates,” the petition reads.
Carmona suggested that it would be wise for Rosales to resign rather than go to court, saying“I believe that she will see the writing on the wall.”
November 21, Lewis set to a December 15 hearing to determine whether Rosales should be suspended before a trial scheduled for March 13, which in turn would decide whether she should be removed from office entirely.
On Tuesday, the Democratic prosecutor’s office threw in the towel. Her resignation will take effect on December 14.
In her letter of resignation to Republican Gov. Greg Abbott, Rosales wrote that her first assistant, Salah George Al-Hanna, will assume all duties and responsibilities as acting prosecutor.
Rosales wrote“It has been my honor and pleasure to serve as District Attorney for El Paso, Hudspeth and Culberson counties, so it is with a heavy heart that I submit my letter of resignation.”
The El Paso Times specified that it is now up to Abbott to appoint a replacement for Rosales, who will serve out the remainder of her term, which ends in 2024.
According to El Paso County Attorney Jo Anne Bernal, Rosales will technically retain her duties and powers and remain in office as a “bridging” incumbent until the governor names her successor.
Since taking office on January 1, 2021, Rosales, a former family law attorney, has been embroiled in a series of scandals. While her career has obviously been affected, it’s possible that the credibility of her office and the safety of El Paso residents have also been affected.
Last December, the Texas Ethics Committee found that Rosales broke state law when her office allegedly misappropriated thousands of dollars of public funds for self-promotion.
The El Paso County Comptrollers’ Office showed that the Democratic Attorney’s Office had used forfeiture funds to purchase T-shirts and badges with their name and title on them. reported the El Paso Times. Rosales pointed out that in holding her accountable, the Chartered Accountant’s office discriminated on the basis of gender.
Rosales also accused the judge overseeing the Walmart massacre case, District Judge Sam Medrano, of discriminating against her based on her gender.
In 2019, Patrick Crusius allegedly murdered 23 people at a Walmart in El Paso. Crusius was charged with 90 federal crimes, 45 of which were hate crimes. That was Rosale’s case to lose.
According to that Texas GrandstandRoger Rodriguez, a city judge working with Rosales, allegedly posed as a relative of Walmart shooting victim Alexander Gerhard Hoffman and used his widow’s cell phone to send details about the case to the press and sentence Medrano, violating the terms of a Court in July violated muzzle.
A lawyer for the family specified that Rodriguez said he was “acting on behalf of the prosecution” and that the family should not “betray” him because he had “snipers everywhere.”
Notwithstanding her resignation, Rosales is due to appear before Medrano on Wednesday to hear if her office was the source of the email to the news media violating the gag order.
Rosales has reportedly tried and repeatedly failed to drop the gag order investigation.
Perhaps more importantly, nearly a thousand would-be criminals charged with misdemeanors and felonies were freed because Rosales’ office routinely failed to file timely charges.
According to El Paso Matters, between Aug. 15 and Aug. 18, the El Paso Public Defender’s Office requested 390 layoffs and had nearly 370 approved over Rosales and her team allegedly dragged their feet.
Among this spate of dismissals were 15 first-degree felonies, 33 second-degree felonies, and 65 third-degree felonies.
Between 2018 and 2020, 14 people were released under the rule that prohibits detaining criminals for more than 30 to 90 days unless the state is ready for a trial. In Rosales’ first year in office, that number rose to 183.
The Wall Street Journal written down that the failure of Rosales and her office to file charges, in addition to cases being dropped, also resulted in the loss of bail provisions designed to protect victims, such as B. the warning of the release of their accused attackers.
One of the suspected felons who got away over Rosales’ alleged incompetence was Ivan Gabaldon, a man accused of stabbing a 62-year-old to death.
Rosales Senior Division Chief Curtis Cox called for Gabaldon’s death penalty just moments after saying he would have no objection to releasing the accused killer in exchange for a personal statement of acknowledgment. This alleged ploy to delay the process backfired. Gabaldon was cut free.
Local judges and lawyers allegedly began to doubt whether the Democratic prosecutor’s office could fulfill its most basic duties as the region’s chief prosecutor.
Despite her apparent incompetence, Rosales said KFOX-14, “Justice will be served.”
Here is the resignation letter Rosales Abbott would eventually serve:
https://www.theblaze.com/news/democrat-district-attorney-in-texas-agrees-to-resign-after-mishandling-criminal-cases The Texas Democratic Attorney has agreed to resign amid allegations of incompetence, mishandling of criminal cases and wrongdoing