Dallas Voice (Dallas, Tex.), Vol. 23, No. 32, Ed. 1 Friday, December 22, 2006 Page: 12 of 72
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testified against him at the trial, disputed
Herrera's claim this week. Brown confirmed he
told the investigating officer that he had observed
Herrera waving a gun and firing it in the direc-
tion of or at their residences.
"There was a dozen or more shots set off,"
said Brown, whose house sat across from
Herrera's. "I physically watched him fire this
gun. He fired the majority up in the air, however,
he did shoot over my house. He did point a gun
at cars going up and down Hampton. He did not
shoot, but he did direct the gun toward them."
Brown, who was contacted at the suggestion
of Herrera, said he is puzzled that Herrera
thought he would back up his claim.
"I find this odd that he's having me trying to
discredit this when I was the one who testified
against him," Brown said. "I find that totally
bizarre."
Brown said he suspects that Herrera made a
threatening call to his house prior to the start of
the trial. The caller, who said, "You're going to
pay," did not identify himself, but Herrera later
parked in his driveway playing loud music, he
said.
Brown said he complained to the District
Attorney's office the following morning.
The investigating officer in Herrera's case was
recently fired, but his dismissal was not related to
making false reports, according to Dallas Police
Department spokesman Lt. Vernon Hale.
Hale said the six charges were dropped
because the witnesses refused to testify in court.
"I don't know whether they were afraid or
what," Hale said.
Herrera said he approached Dallas Police
Department Internal Affairs in 2004 about mak-
ing a complaint when a newspaper story named
the investigating officer as one of several officers
placed on restrictive duty after a suspect died in
custody.
"They were more interested in contradicting
me rather than listening, so I decided not to pur-
sue a complaint," Herrera said.
At the time of his arrest, Herrera was
Councilwoman Elba Garcia's appointee to the
Cultural Affairs Commission. Herrera said he
completed his term, and that Garcia ran an elec-
tion campaign out of his office during his legal
trouble.
Herrera said he believes the investigating offi-
cer trumped up the charges against him because
he became angiy about the lawyer's attitude. The
investigating officer claimed in the report that
Herrera told them he was a city official, and that
he would "get" them.
"He's been fired," Herrera said. "He's a dirty
Dr. Elba Garcia
cop, but I made him
angry by running
my mouth. I did
bring it upon myself.
I did."
When Herrera
was booked into jail
and asked if he had
any medical prob-
lems, he responded,
"I'm as crazy as a
mother-[expletive],"
according to the
report.
Herrera said that he had not intended to threat-
en a police officer.
"I threatened to expose the way they were han-
dling me," Herrera said. "They were rough. I was
intoxicated. What I told him wasn't in a clear
mind."
The jailhouse quote about his mental state was
a reaction to the situation, Herrera said.
"Lew Sterret is a dangerous place," Herrera
said. "It's awful. When you're there you've got
to kind of take on a crazy persona. So that's part
of it. The other part of it was trying to make a
joke. The other part of it was that I was drunk."
But Herrera said he is now grateful for the
experience.
"I would not trade that experience," Herrera
said in a follow-up e-mail. "It was an opportuni-
ty for me to realize that I had a serious drinking
problem. That was the third time and, God help
me, the last time I will ever wake up in jail over
drinking."
Although Herrera unsuccessfully appealed his
conviction, according to public records, he was
complimentary about prosecutors' handling of
his case. "They investigated before seeking
indictments against me, and they prosecuted me
to the extent of the law regarding the reckless
gun firing charge," Herrera said. "Justice in the
end was served."
Brown said he was surprised to hear that
Herrera planned to run for mayor.
"There's no way on God's green earth I would
vote for him," Brown said. "I'm shocked that
someone with that background would even file
to run."
Herrera said he realized that his criminal
record would be revealed when he decided to run
for mayor.
"I figure if I am honest about it, if I face up that
I was wrong and I'm doing something about it,"
Herrera said. "I realize now that I cannot be
drinking. I cannot be putting other people in dan-
ger. I cannot put myself in danger."
E-mail webb@dallasvoice.com
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Nash, Tammye. Dallas Voice (Dallas, Tex.), Vol. 23, No. 32, Ed. 1 Friday, December 22, 2006, newspaper, December 22, 2006; Dallas, Texas. (https://texashistory.unt.edu/ark:/67531/metapth238940/m1/12/: accessed May 1, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Special Collections.