CORPUS CHRISTI, Texas — Attorneys for Marco Everett, one of two Department of Public Safety troopers arrested and charged with multiple felonies, want the Nueces County District Attorney and his staff removed from Everett's cases.
A motion to disqualify the DA Mark Gonzalez and his staff was filed with 94th District Court Judge Bobby Galvan on Friday.
In the motion, submitted by Perkins & Perkins Law, attorneys claim there is a conflict of interest involving Nueces County District Attorney First Assistant Angelica Hernandez and her husband, DPS Supervisor Rodney Hernandez.
The motion states Rodney Hernandez was Everett's supervisor and the three had a friendship until Everett questioned "why an incident where (Rodney) Hernandez deployed a TASER on a subject who was cuffed inside a patrol vehicle had not been investigated and Hernandez not disciplined. After that, Everett was transferred to the supervision of another sergeant and his difficulties began."
DPS previously cleared Everett and Trooper Holly Thomas for any alleged misconduct.
Attorneys say Angelica Hernandez has demonstrated she "cannot and will not recognize a conflict of interest." Noting her removal from the bench by the State Commission on Judicial Conduct while serving as the 105th Judicial District Court Judge.
They say Angelica Hernandez has filed ethical complaints against members of her staff but allowed them to continue to work. And noted that she allowed a crime victim's mother access to the DA's file in a murder case.
That case is the capital murder trial of Joseph Tejeda. The DA's Office recused itself from that case, and all others related to the murder of Breanna Wood, last year. TheTexas Attorney General's Office took over the prosecution of the three remaining cases just two days after KRIS 6 Investigates broke the story alleging Wood's mother was allowed access to evidence.
In the motion, attorneys say, "Marco Everett is entitled to a fair trial and cannot get one so long as Angelica Hernandez and her husband (whose personnel file will be an exhibit during the trial on the merits of this case) who will testify during this trial are in charge of the prosecution's case."
DA Mark Hernandez told KRIS 6 News via text, "I don't think there is a conflict. We will not be getting off the case."
However, that decision will be made by a judge.