Thread: TX: Undocumented Immigrant Sues Harris County For Millions

Undocumented Immigrant Sues Harris County For Millions

Leticia Juarez KIAH

April 13, 2010
HOUSTON - An undocumented immigrant is suing Harris County for $30 million two years after he was accused and jailed in the death of a Harris County Sheriff's deputy.

In February of 2008, Jose Vieyra was arrested and charged with the negligent homicide of Deputy Craig Miller following a crash on the Katy Freeway. The charges were later dropped after an investigation revealed Deputy Miller should not have been behind the wheel because he was legally drunk at the time.

Criminal defense attorney Emily Munoz, whom 39News consulted on this case, said although Vieyra was illegally in the United States at the time of the incident, on an expired work visa, he has the right to sue.

"If you can be charged with a crime in this country and held accountable for following the laws of the country, you also should be able to avail yourself to seek remedy under the laws of this country," said Munoz.

In the lawsuit, Vieyra's lawyers accuse former Harris County District Attorney Chuck Rosenthal and former Sheriff Tommy Thomas of trying to protect Miller and cover up the fact that the deputy's blood alcohol was three times the legal limit.

Vieyra is asking for $20 million in damages and another $10 million in punitive damages.

"He can't really sue for loss of wages, because he never had a legal way to earn wages here," said Munoz. "He is going to have a tough time proving that based on his education level, his skill set that he would ever in his wildest dreams earn $20 million."

Munoz also said under the law the D.A.'s office and Sheriff's department have immunity on their side, meaning the two agencies are protected from lawsuits filed by people who believe they've been wrongfully accused. But, she also said that protection only goes so far.

"They don't enjoy 100 percent immunity. It has to go back to what the D.A.'s office knew and when they knew it," she said.

Vieyra spent six months behind bars despite toxicology results that showed Deputy Miller was over the legal limit when he ran into the back of Vieyra's work truck.

The question Vieyra needs a jury to answer is were the D.A. and Sheriff conspiring against him or just making sure their investigation was thorough - even at the cost of his freedom.

A spokesperson for the Harris County District Attorney's Office told 39News they could not comment on the lawsuit because of the pending litigation.

www.39online.com

Hello ... ICE? Anyone home? Time to deport this illegal alien.

Clean hands doctrine - no remedy if you have dirty hands - i.e., here illegally.

Originally Posted by jean

Criminal defense attorney Emily Munoz, whom 39News consulted on this case, said although Vieyra was illegally in the United States at the time of the incident, on an expired work visa, he has the right to sue.

"If you can be charged with a crime in this country and held accountable for following the laws of the country, you also should be able to avail yourself to seek remedy under the laws of this country," said Munoz.

Let's see, this illegal scumbag also should not have been behind the wheel of a care anywhere in the USA because he should not have been here in the first place. Six months in jail is not much time for an illegal alien to spend behind bars when he broke our laws being here. Now it's time to deport him and be done with it.

I certainly hope our county attorney does a good job defending the taxpayers of Harris County against this illegal scumbag.

Criminal defense attorney Emily Munoz, whom 39News consulted on this case, said although Vieyra was illegally in the United States at the time of the incident, on an expired work visa, he has the right to sue.

"If you can be charged with a crime in this country and held accountable for following the laws of the country, you also should be able to avail yourself to seek remedy under the laws of this country," said Munoz.

BS! This crap must stop in this country! He was here illegally...how about being held accountable for that crime! Funny how munoz is silent on that issue! This invader has as much standing to sue in this country as he would have had his suit been filed in tijuana!

Get the ^%$# OUT!

well he still ran into the truck.
but by running into the back end of the truck, was this the reason the deputy lost control and was killed, or was it because the deputy was drunk.
would the deputy be alive today if this illegal had not wrecked into the back of the truck?

Scumbag lawyers love the smell of money, no wonder so many of the Elitist Politicians have "legal" training to help promote their careers; a License to Steal will come in handy! Just follow the money!

Originally Posted by jamesw62

well he still ran into the truck.
but by running into the back end of the truck, was this the reason the deputy lost control and was killed, or was it because the deputy was drunk.
would the deputy be alive today if this illegal had not wrecked into the back of the truck?

Exactly, if the ILLEGAL had not been in the United States the deputy would not have died in this wreck and may have had an opportunity to escape this situation with his LIFE, that option was lost because the ILLEGAL was in the Sanctuary City of Houston and not in his home country!

Originally Posted by jamesw62

well he still ran into the truck.
but by running into the back end of the truck, was this the reason the deputy lost control and was killed, or was it because the deputy was drunk.
would the deputy be alive today if this illegal had not wrecked into the back of the truck?

It was the other way around. The Deputy ran into the back of the illegal alien's work truck. The article doesn't say how the accident happened. But if the illegal alien hadn't been in our country in his work truck, the accident wouldn't have happened. So the way I see it, if you're somewhere you aren't supposed to be and someone hits you, then it's your fault, and it matters not if the driver of the other vehicle has had some drinks.