By Juan Montoya
Law enforcement sources have confirmed that investigators have traced the Internet Protocol address where a fake Juan Garcia" Facebook account user has attacked some political candidates to a City of Brownsville computer.
The sources say that the information will eventually be presented to a Cameron County grand jury for prosecution. According to the Facebook post above it charges that the "Juan Garcia is a city employee who is, married to a lawyer..."
The rumor mill being what it is, social media pundits are hinting heavily that writer (Juan Garcia) may be none other than Doroteo Garcia, an employee with City Engineering who just happens to be married to lawyer Erin Garcia Hernandez, a former justice of the peace. We have not been able to confirm with our sources on the exact location of the computer used or if the Garcias were personally involved.
Impersonation is assuming another real person’s identity for the purpose of harming that person or gaining some benefit for yourself is a felony. In other words, it is maliciously impersonating someone else online and/or offline.
Some crimes arising out of impersonation is defamation, the action of damaging another person’s reputation. It is also commonly known as slander/libel.
Another is fraud by the act of unjustifiable misrepresentation with the intent to deceive. That is also known as fraudulent impersonation and deceit.
The crime is compounded, according to the Texas Penal Code, Chapter 33, Section 2) if a computer, computer network, or computer system:
(A) that is owned by: (i) the government; and it's a
7) a felony of the first degree if: (c) When benefits are obtained, a victim is defrauded or harmed, or property is altered, damaged, or deleted in violation of this section, whether or not in a single incident, the conduct may be considered as one offense and the value of the benefits obtained and of the losses incurred because of the fraud, harm..."Online impersonation include creating fake Facebook or other social media accounts for the purpose of harming another or to lead others to false pretense that the profile belongs to you. Texas laws regarding False Personation, also called False Impersonation, do exist and are enforceable.
In the days before the City of Brownsville election May 4, a "Juan Garcia" posted the Facebook entry below stating that candidate (and former Brownsville Independent School District board member) Catalina Presas-Garcia had been indicted for signing a petition form to get on the ballot when she had not been present when it was singed by the voters.
The post further stated that "being friends with Cameron County District Attorney Luis V. Saenz has its privileges." and that he had allowed Presas-Garcia to "finish her election" and that he was hoping "she could defeat incumbent Jessica Tetreau in the election."
Tetreau won that race without a runoff, with Presas Garcia drawing 690 cotes to the incumbent's 1,311. Former mayor Pat Ahumada placed third.
The writer in the fake Facebook page than tells the readers to "remember when (Saenz) asks for your vote in 2020. Cameron County can NOT afford another 4 years of Luis Saenz. Together we can get him OUT!!!"
Presas-Garcia, when contacted said she had tried to file a complaint with the Brownsville Police Department and she was told there was nothing they could do. According to the penal code, "only a Peace Officer can make an impersonation arrest. Peace officers are defined as public sector employees or agents whose duties primarily involve the enforcement of laws."
"The refused to take my complaint because they said there was nothing they could do," she fumed. "This has got to stop. They have involved other people trying to smear me though no fault of their own. There was no indictment issued by the grand jury. It was all made up, but it might have cost me some votes and claimed Saez was protecting me so I could beat Tetreau. That was wrong."
Presa-sGarcia said he had spoken to Erin Garcia after the Facebook post was widely disseminated in social media but that the attorney denied any involvement by her or anyne associated with her.
Tetreau won that race without a runoff, with Presas Garcia drawing 690 cotes to the incumbent's 1,311. Former mayor Pat Ahumada placed third.
The writer in the fake Facebook page than tells the readers to "remember when (Saenz) asks for your vote in 2020. Cameron County can NOT afford another 4 years of Luis Saenz. Together we can get him OUT!!!"
Presas-Garcia, when contacted said she had tried to file a complaint with the Brownsville Police Department and she was told there was nothing they could do. According to the penal code, "only a Peace Officer can make an impersonation arrest. Peace officers are defined as public sector employees or agents whose duties primarily involve the enforcement of laws."
"The refused to take my complaint because they said there was nothing they could do," she fumed. "This has got to stop. They have involved other people trying to smear me though no fault of their own. There was no indictment issued by the grand jury. It was all made up, but it might have cost me some votes and claimed Saez was protecting me so I could beat Tetreau. That was wrong."
Presa-sGarcia said he had spoken to Erin Garcia after the Facebook post was widely disseminated in social media but that the attorney denied any involvement by her or anyne associated with her.