A year later, suspicion prevails after police incident
Galvan, 51, was charged with evading arrest detention with a vehicle, a state felony punishable by up to 2 years in prison and a fine up to ten thousand dollars.
The incident occurred on December 12, 2008, when according to the police report, Michael Schrader, 31, had driven his vehicle off the lot of Rudy’s Paint and Body shop located on East Corral.
According to Galvan, Schrader, 31, wanted repairs done on his vehicle but believed that the repairs had not been completed. Galvan claims the vehicle had been left at his shop and was abandoned for about 2 months. The vehicle had accumulated storage fees of about $1,700, which the owner refused to pay before using a spare key to get in the vehicle and flee the property.
Galvan got in his own vehicle and a chase began in the neighborhood around 14th and Corral, which ended at a location on Sixth Street where the vehicle had been parked. Schrader then left in a truck and Galvan continued to follow.
Patrol officer Toma Pittman was the first to respond and was following the vehicles along with Police Officer Jesus Amador who was dispatched as well. Galvan continued driving until eventually turning in at El Corral Restaurant, just down the street from his business.
According to the police report, it was there in the parking lot of the restaurant, where Officer Amador began speaking to Galvan in reference to the case being a civil matter with the fees owed. Amador explained to Galvan that he needed to contact a Justice of the Peace to obtain the fees, which were owed to him. Amador claims it was at that moment when Galvan became angered and began yelling at him saying, “Is that what this is to you, a civil matter!” Galvan continued yelling saying that if that was all Officer Amador was going to do then he was going to go and get the vehicle back himself and no longer needed his help.
According to Amador, Galvan began walking away from him when he advised him to stop in order to prevent the consequences of a theft of motor vehicle if he picked up the abandoned car. After repeated commands from Amador to Galvan to stop walking away, Galvan entered his Ford Expedition and reversed into 14th St. and according to Amador he almost struck a vehicle which was traveling South on 14th St., but Galvan stopped in time.
Amador continued walking towards Galvan in the vehicle, yelling and motioning for him to stop with his hands. Amador walked onto 14th St., stood in the outer lane for Southbound traffic, and positioned himself in front of Galvan’s vehicle so that he could be seen while continuing to yell for Galvan to stop. According to Amador, Galvan then accelerated and drove towards the inner lane of travel, which forced Amador to move to his left before possibly being hit by the vehicle.
Galvan drove away and Amador, along with Patrolman Daniel Gonzalez, who had arrived to assist, followed him until eventually ending up at Galvan’s business where he was observed angrily entering the business. Both Patrolman Gonzalez and Officer Amador entered the building and notified Galvan that he was being placed under arrest for evading arrest/detention.
According to Amador, Galvan then told him that “he was going to get it for what he was doing” and told him he was going to call KPD Chief Ricardo Torres and his lawyer.
After Galvan was placed in the back of the patrol car, Amador notified Lt. Sherman Benys via telephone about the case and requested that Benys come to the location so he could explain the series of events. Schrader’s vehicle was then seen being driven back to Galvan’s business by an employee of the business, and the shop employees were advised to stop what they were doing.
While waiting for Lt. Benys, Commissioner Laskowski arrived and was standing by the shop at the scene.
According to Amador, when Lt. Benys arrived he approached the police unit, opened the back door and motioned for Galvan to get out. After helping Galvan get out of the vehicle, Lt. Benys walked away with him towards the business. Officer Amador asked Benys what he was doing due to the fact that he had not yet spoken with him or knew what events had happened. Amador claims that Lt. Benys walked towards him and told Patrolman Gonzalez to stand by Galvan as he was going to talk to Amador. While they were talking, Patrolman Gonzalez was seen uncuffing Galvan as Chief Torres stood by. After Amador explained the events to Lt. Benys, Benys then approached Torres and told him what had occurred.
According to Amador, Torres then told him that he was wrong and that there had been a theft that was committed by Schrader when he did not pay the fees and took the vehicle. Torres stated that he had called District Attorney John Hubert who confirmed that the case would fall under theft.
According to the police report, Amador then told Torres that the case was not theft, which prompted Torres to say that he was not going to argue with him about it and that it was theft.
Amador claims that Torres then called Hubert again and spoke with him about the case then returned and told Amador that the case would be classified as a civil matter and that since there was no mechanical lien on the vehicle, the theft would not apply in that circumstance. Torres however did state that there had been criminal trespass committed on the part of Schrader for entering the property and removing the vehicle. In the police report, Amador claims that he does not see how trespass was committed since he was not informed by anyone that Schrader had been previously been warned or given notice not to return to the property and that the property was open for business at the time of the incident.
Amador was notified by Lt. Benys of a possible previous city warrant for Schrader and after it was confirmed Schrader was placed under arrest and transported to the Kleberg County Jail. Galvan was free to go and Amador claims that prior to leaving the scene Galvan approached him and apologized for his actions and behavior.
An open records request was submitted for the complete police report which had additional supplements from Patrolman Gonzalez, Patrolwoman Pittman, Chief Torres, and Lt. Benys however the report received from the City Attorney’s Office did not include those pages claiming they did not have to be released citing an Texas Attorney General’s opinion.
A television news report in September about the incident sparked renewed interest and more claims of a cover-up by law enforcement officials.
City Attorney Courtney Alvarez said, “There is no cover-up intended by my office; the city should not comment on pending criminal matters.”
City Commissioner Stanley Laskowski stated, “I do not have much to say about the issue, there is only two sentences about me in the police report; I was simply in the wrong place at the wrong time.”
Hubert and Kingsville Police Chief Ricardo Torres could not be reached for comment.
