Defendant: MICHELLE BARRIENTES VELA
IN #: 1945737-1
CLERK'S ORIGINAL FILED
Address: 5010 FAIRFORD DR, SAN ANTONIO, TX 78228-1059 aos
aa : 24 ON
Complainant: Leonicio Moreno, Christopher De La Cerda Ree ee
CoDefendants: MARC DUANE GARCIA Bi ON eas
Offense Code/Charge: 500302/Aggravated Perjury
Gu: 711184 PH Court: MAG NO:
Cause #: 2020-CR-05494
‘TRUE BILL OF INDICTMENT
INTHE NAME AND BY AUTHORITY OF THE STATE OF TEXAS, the Grand Jury of Bexar County, State of
Texas, duly organized, empaneled and sworn as such at the January term, A.D., 2020, ofthe 22 Le
Judicial District Court of said County, in said Court, at said term, do present in and to said Court that in the
‘County and State aforesaid, and anterior to the presentment of this indictment:
COUNT!
(TPC § 37.03 Aggravated Perjury)
on o about the 30" day of April, 2019, MICHELLE BARRIENTES VELA, hereinafter referred to as
defendant, with intent to deceive and with knowledge of the statements’ meaning, made false
‘statements under oath, namely:
1. “Leonicio Barrera Moreno has Violated and committed the Violation against the Texas Penal
code 37.03, Aggravated Perjury by continuously filing, writing and submitting falsified, untrue
official documents in numerous Government facilities.”, or
2. "Leonicio Barrera Moreno’s consistent filing and ‘Aggravated Perjury therefore hinders this
‘Agency from continuing investigations which are criminal in nature, take away from performing our
State Mandated Civil Process which are filed through The Justice Of the Peace Precinct 2 and
continue to bring a negative and harmful envirnriient to this Agency and its staff by way of
threatening emails, letters, social media, telephonic and in person encounters, thus endangering
our Deputies and civilian staff on a daily basis.”, or
3. "Specifically, Leonicio Barrera Moreno’s filing of 2 Official EEOC complaints, which have be
proven beyond @ reasonable doubt to have been false through material evidence (filed Office
Documentation Leave formitime off request), (video recording of Deputy Swearing-in) have
caused disruption in this Agencies Law Enforcement duties due to the significant reasons stated
above.", or
4, “Leonicio Barrera Moreno’s continued use of deception, lies, immoral aptitude, continued false
filngs of Official Government documents and misleading statements are being used to adversely
affect the outcome of an official proceeding or proceedings in the future. Continued filings of these
immoral acts and violation of law have caused Deputies in this agency to take Precautionary
INDICTMENT — CLERK'S ORIGINALDefendant: MICHELLE BARRIENTES VELA
INH 1945737-1
measures when on duty and off duty because of the death threats this Agency has received from
Leonicio Barrera Moreno’s falsified documents.”, or
5. “It is believed that Leonicio Barrera Moreno should be considered a flight risk from this County
of Bexar, due to his relationship with relatives in other parts of the state and may be considered to
have an excessive amount of stress, anxiety and depression (as stated and self admitted by
Leonicio Barrera Moreno while speaking with HR via telephonic contact) while owning multiple
firearms and being able to easily access these weapons at his place of residence.”, or
6. "This document which has been proven to be incorrect (as observed) through digital video
evidence, This document was presented by Leonicio Barrera Moreno in an attempt to affect the
course or outcome of an official proceeding during which time Leonicio Barrera Moreno presented
these deceptive, untrue documents, to possibly affect the outcome of future hearings regarding
these matters.”,
such sworn statements being required by law to be made under oath, while the defendant was
under oath, such statements made being false in that,
1. Leonicio Moreno did not commit Aggravated Perjury by filing, writing, or submitting falsified,
untrue official documents in numerous governmental facilities, or
2. Leonicio Moreno's filing of any documents was not Aggravated Perjury and did not hinder the
agency in Its function or duties nor did the filing of any documents cause or bring a negative or
harmful environment to the agency and its staff by way of threatening emails, letters, social media,
telephonic and in person encounters endangering the deputies or civilian staff on a daily basis, or
3. Leonicio Moreno’s filing of 2 Official EEOC complaints have not been proven beyond a
feasonable doubt to have been false through material evidence nor did filing any EEOC complaint
cause disruption with Bexar County Precinct 2 duties, or
4. Leonicio Moreno did not use deception or lies in continued false filings of official govemment
documents or misleading statements. Leonicio Moreno did not file any falsified document nor did
he file any document to be used to adversely affect the outcome of an official proceeding or
Proceedings in the future. No filings by Leonicio Moreno caused deputies in the agency to take
precautionary measures when on duty or off duty or cause death threats against the agency, or
5. Leonicio Moreno was not a flight risk due to having relatives in other parts of the state. Leonicio
Moreno did not communicate via telephonic contact with HR that he had an excessive amount of
stress, anxiety or depression, or
6. No document was proven to be incorrect through digital video evidence. Leonicio Moreno did
not present any falsified document nor did he file any document in an attempt to affect the course
or outcome of an official proceeding or future hearing,
and such false swom statements were made during or in connection with an official proceeding,
namely, the acquisition of an arrest warrant for Leonicio Moreno, and the false sworn statements
were material to such proceeding in that it caused District Court Magistrate Michael Ugarte to sign
the warrant of arrest for Leonicio Moreno;* Defendant: MICHELLE BARRTENTES VELA,
INA 1945737-1
COUNT IE
(TPC § 37.09(a)(1) Tampering with or Fabricating Evidence)
(on or about the 26" day of June, 2019, MICHELLE BARRIENTES VELA, hereinafter referred to as
defendant, knowing that an investigation or official proceeding was pending or in progress, namely, a
Bexar County Grand Jury criminal investigation involving Bexar County Precinct 2, intentionally or
knowingly altered, destroyed, or concealed a record or document, namely, Rodriguez Park cash logs,
with intent to impair its availability as evidence in the investigation or official proceeding
COUNT Ili
Paragraph A
(TPG § 37.09(a)(1) Tampering with or Fabricating Evidence)
on of about the 26" day of June, 2019, MICHELLE BARRIENTES VELA, hereinafter referred to as
defendant, knowing that an investigation or official proceeding was pending or in progress, namely, a
Bexar County Grand Jury criminal investigation involving Bexar County Precinct 2, intentionally or
knowingly altered @ record or document, namely, Rodriguez Park cash logs, with intent to impair its verity
or availability as evidence in the investigation or official proceeding;
Paragraph B
(TPC § 37.09(a)(2) Tampering with or Fabricating Evidence)
‘on or about the 26" day of June, 2019, MICHELLE BARRIENTES VELA, hereinatter referred to as
defendant, knowing that an investigation or official proceeding was pending or in progress, namely, a
Bexar County Grand Jury criminal investigation involving Bexar County Precinct 2, intentionally or
knowingly made, presented, or used a record or document, namely, Rodriguez Park receipt logs, with
knowledge of its falsity and with intent to affect the course or outcome of the investigation or official
proceeding;
couNTiv
Paragraph A
(TPC § 39.03(a)(1) Official Oppression)
on or about the 30" day of April, 2019, MICHELLE BARRIENTES VELA, hereinafter referred to as.
defendant, did intentionally subject Leonicio Moreno to arrest that the defendant knew was
unlawful, and the defendant was acting under the color of her office or employment as a public
servant, namely, Bexar County Precinct 2 Constable;Defendant: MICHELLE BARRIENTES VELA
INA: 1945737-1
Paragraph B
(TPC § 39.03(a)(1) Official Oppression)
‘on or about the 30" day of April,2019, MICHELLE BARRIENTES VELA, hereinafter referred to as
defendant, did intentionally subject Leonicio Moreno to mistreatment that the defendant knew was
unlawful, namely, causing the arrest of Leonicio Moreno and the defendant was. acting under the
color of her office or.employment as a public servant, namely, Bexar County Precinct 2 Constable;
Paragraph G
(TPC § 39.03(@)(2) Official Oppression)
on or about the 30” day of April, 2019, MICHELLE BARRIENTES VELA, hereinafter referred to as
defendant, did knowing her'conduct was unlawful, intentionally deny or impede Leonicio Moreno
in the exercise of enjoyment of a right, privilege, power, or immunity, namely, causing the arrest of
Leonicio Moreno and the defendant was acting under the color of her office or employment as a
public servant, namely, Bexar County Precinct 2 Constable;
COUNT V
ragraph A
(TPC § 39. os Official Oppression)
on or about the 1 day of August, 2017 through on or about the 30" day of April, 2019, MICHELLE
BARRIENTES VELA, hereinafter referred to as defendant, did intentionally subject Leonicio
Moreno to mistreatment that the defendant knew was unlawful, namely, participating in or
directing others to participate in frequent acts of harassment, retaliation, or discrimination towards
Leonicio Moreno creating a work environment that was intimidating, hostile, or offensive and the
defendant was acting under the color of her office or employment as a public servant, namely,
Bexar County Precinct 2 Constable;
ragraph B
(TPC § 39. ona Official Oppression)
on or about the 1% day of August, 2017 through on or about the 30° day of April, 2019, MICHELLE
BARRIENTES VELA, hereinafter referred to as defendant, did knowing her conduct was unlawful,
intentionally deny or impede Leonicio Moreno in the exercise of enjoyment of a right, privilege,
power, or immunity, namely, participating in or directing others to participate in frequent acts of
harassment, retaliation, or discrimination towards Leoniclo Moreno creating a work environment
that was intimidating, hostile, or offensive and the defendant was acting under the color of her
office or employment as a public servant, namely, Bexar County Precinct 2 Constable;Defendant: MICHELLE BARRIENTES VELA
INK: 1945737-1
COUNT VI
Paragraph A
(TPC § 39.03(a)(1) Official Oppression)
on or about the 1 day of August, 2017 through on or about the 31* day of July, 2019, MICHELLE
BARRIENTES VELA, hereinafter referred to as defendant, did intentionally subject Christopher De
La Cerda to mistreatment that the defendant knew was unlawful, namely, participating in or
directing others to participate in frequent acts of harassment, retallation, or discrimination towards
Christopher De La Cerda creating a work environment that was intimidating, hostile, or offensive
and the defendant was acting under the color of her office or employment as a public servant,
namely, Bexar County Precinct 2 Constable;
Paragraph B
(TPC § 39.03(a)(2) Official Oppression)
on or about the 1% day of August, 2017 through on or about the 31% day of July, 2019, MICHELLE
BARRIENTES VELA, hereinafter referred to as defendant, did knowing her conduct was unlawful,
intentionally deny or impede Christopher De La Cerda in the exercise of enjoyment of a right,
privilege, power, or immunity, namely, participating in or directing others to participate in frequent
acts of harassment, retaliation, or discrimination towards Christopher De La Cerda creating a work
environment that was intimidating, hostile, or offensive and the defendant was acting under the
color of her office or employment as a public servant, namely, Bexar County Precinct 2 Constable;
AGAINST THE PEACE AND DIGNITY OF THE STATE.
oo
Foreman of the Grand JuryLe
Defendant: MARC DUANE GARCIA
INH: 1945743-1
CLERK'S ORIGINAL FILED
Address: 9803 VALLEY VILLA, SAN ANTONIO, TX 78250-6909 oc.ock____m
Jah 23 208
Complainant: Leonicio Moreno, Christopher De La Cerda MARY ANGIE GARCIA
CoDefendants: MICHELLE JEANETTE BARRIENTES DISTRICT CLERK
Offense Code/Charge: 500302/Aggravated Perjury
Gu: 711186 PH Court: MAG No:
Court #° SID #:912479 Cause #:
aie Blech 20 20-CR- 05498
‘TRUE BILL OF INDICTMENT
IN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS, the Grand Jury of Bexar County, State 0
Texas, duly organized, empanelad and sworn as such at the January term, A.D., 2020, of the “2-7 Le-
Judicial District Court of sald County, in said Court, at said term, do present in and to said Court that in the
County and State aforesaid, and anterior to the presentment of this indictment
COUNT!
(TPC § 37.03 Aggravated Perjury)
on or about the 30" day of April, 2019, MARC DUANE GARCIA, hereinafter referred to as
defendant, with intent to deceive and with knowledge of the statements’ meaning, made false
statements under oath, namely:
1. “Leonicio Barrera Moreno has Violated and committed the Violation against the Texas Penal
code 37.03, Aggravated Perjury by continuously filing, writing and submitting falsified, untrue
official documents in numerous Government facilities.”, or
2. “Leonicio Barrera Moreno's consistent filing and Aggravated Perjury therefore hinders this
Agency from continuing investigations which are criminal in nature, take away from performing our
State Mandated Civil Process which are filed through The Justice Of the Peace Precinct 2 and
continue to bring a negative and harmful environment to this Agency and its staff by way of
threatening emails, letters, social media, telephonic and in person encounters, thus endangering
our Deputies and civilian staff on a daily basis.”, or
3. “Specifically, Leonicio Barrera Moreno’s filing of 2 Official EEOC complaints, which have be
proven beyond a reasonable doubt to have been false through material evidence (filed Office
Documentation Leave formitime off request), (video recording of Deputy Swearing-in) have
caused disruption in this Agencies Law Enforcement duties due to the significant reasons stated
above.", or
4. “Leonicio Barrera Moreno's continued use of deception, lies, immoral aptitude, continued false
filings of Official Government documents and misleading statements are being used to adversely
affect the outcome of an official proceeding or proceedings in the future. Continued filings of these
INDICTMENT - CLERK’S ORIGINALDefendant: MARC DUANE GARCIA
JN #: 1945743-1
immoral acts and violation of law have caused Deputies in this agency to take precautionary
measures when on duty and off duty because of the death threats this Agency has received from
Leonicio Barrera Moreno's falsified documents.", or
5. ‘It is believed that Leonicio Barrera Moreno should be considered a flight risk from this County
of Bexar, due to his relationship with relatives in other parts of the state and may be considered to
have an excessive amount of stress, anxiety and depression (as stated and self admitted by
Leonicio Barrera Moreno. while speaking with HR via telephonic contact) while owning multiple
firearms and being able to easily access these weapons at his place of residence.”, or
6. “This document which has been proven to be incorrect (as observed) through digital video
evidence. This document was presented by Leonicio Barrera Moreno in an attempt to affect the
course or outcome of an official proceeding during which time Leonicio Barrera Moreno presented
these deceptive, untrue documents, to possibly affect the outcome of future hearings regarding
these maiters.”,
such sworn statements being required by law to be made under oath, while the defendant was
under oath, such statements made being false in that,
1. Leonicio Moreno did not commit Aggravated Perjury by filing, writing, or submitting falsified,
untrue official documents in numerous govemmental facilities, or
2. Leonicio Moreno’s filing of any documents was not Aggravated Perjury and did not hinder the
agency in its function or dutles nor did the filing of any documents cause or bring a negative or
harmful environment to the agency and its staff by way of threatening emails, letters, social media,
telephonic and in person encounters endangering the deputies or civilian staff on a daily basis, or
3. Leonicio Moreno’s filing of 2 Official EEOC complaints have not been proven beyond a
teasonable doubt to have been false through material evidence nor did filing any EEOC complaint
cause disruption with Bexar County Precinct 2 duties, or
4. Leonicio Moreno did not use deception or lies in continued false filings of official government
documents or misleading statements. Leonicio Moreno did not file any falsified document nor did
he file any document to be used to adversely affect the outcome of an official proceeding or
proceedings in the future. No filings by Leonicio Moreno caused deputies in the agency to take
precautionary measures when on duty ot off duty or cause death threats against the agency, or
5. Leonicio Moreno was not a flight risk due to having relatives in other parts of the state, Leonicio
Moreno did not communicate via telephonic contact with HR that he had an excessive amount of
stress, anxiety or depression, or
6. No document was proven to be incorrect through digital video evidence. Leonicio Moreno did
not present any falsified document nor did he file any document in an attempt to affect the course
or outcome of an official proceeding or future hearing,
and such false swom statements were made during or in connection with an official proceeding,
namely, the acquisition of an arrest warrant for Leonicio Moreno, and the false swom staternents
were material to such proceeding in that it caused District Court Magistrate Michael Ugarte to sign
the warrant of arrest for Leonicio Moreno;Defendant: MARC DUANE GARCIA
INA 1948743-1
COUNT
Paragraph A
(TPC § 39.03(a)(1) Official Oppression)
on or about the 30" day of April, 2019, MARC DUANE GARCIA, hereinafter referred to as
defendant, did intentionally subject Leonicio Moreno to arrest that the defendant knew was
unlawful, and the defendant was acting under the color of his office or employment as a public
servant, namely, Bexar County Precinct 2 Deputy Constable;
graph B
(TPC § 39.03(a}1) Official Oppression)
‘on or about the 30" day of April, 2019, MARC DUANE GARCIA, hereinafter referred to as
defendant, did intentionally subject Leonicio Moreno to mistreatment that the defendant knew was
unlawful, namely, causing the arrest of Leonicio Moreno and the defendant was acting under the
color of his office or employment as @ public servant, namely, Bexar County Precinct 2 Deputy
Constable;
Paragraph C
(TPC § 30.03(a)(2) Official Oppression)
on or about the 30" day of April, 2019, MARC DUANE GARCIA, hereinafter referred to as
defendant, did knowing his conduct was unlawiul, intentionally deny or impede Leonicio Moreno in
the exercise of enjoyment of a right, privilege, power, or immunity, namely, causing the arrest of
Leonicio Moreno and the defendant was acting under the color of his office or employment as a
public servant, namely, Bexar County Precinct 2 Deputy Constable;
COUNT II
Paragraph A
(TPC § 39.03(a)(1) Official Oppression)
‘on or about the 1 day of August, 2017 through on or about the 30" day of April, 2019, MARC
DUANE GARCIA, hereinafter referred to as defendant, did intentionally subject Leonicio Moreno
to mistreatment that the defendant knew was unlawful, namely, participating in or directing others
to participate in frequent acts of harassment, retaliation, or discrimination towards Leonicio
Moreno creating a work environment that was intimidating, hostile, or offensive and the defendant
was acting under the color of his office or employment as a public servant, namely, Bexar County
Precinct 2 Deputy Constable;Defendant: MARC DUANE GARCIA,
INA: 1945743-1
Paragraph B
(TPC § 39.03(a)(2) Official Oppression)
on or about the 1% day of August, 2017 through on or about the 30" day of April, 2019, MARC
DUANE GARCIA, hereinafter referred to as defendant, did knowing his conduct was unlawful,
intentionally deny or impede Leonicio Moreno in the exercise of enjoyment of a right, privilege,
power, or immunity, namely, participating in or directing others to participate In frequent acts of
harassment, retaliation, or discrimination towards Leonicio Moreno creating a work environment
that was intimidating, hostile, or offensive and the defendant was acting under the color of. his
office or employment as a public servant, namely, Bexar County Precinct 2 Deputy Constable;
COUN’
Paragraph A
(TPC § 39.03(a)(1) Official Oppression)
on or about the 1% day of August, 2017 through on or about the 31% day of July, 2019, MARC
DUANE GARCIA, hereinafter referred to as defendant, did intentionally subject Christopher De La
Cerda to mistreatment that the defendant knew was unlawful, namely, participating in or directing
others to participate in frequent acts of harassment, retaliation, or discrimination towards
Christopher De La Cerda creating a work environment that was intimidating, hostile, or offensive
and the defendant was acting under the color of his office or employment as a public servant,
namely, Bexar County Precinct 2 Deputy Constable;
Paragraph B
(TPC § 39.03(a)(2) Official Oppression)
on or about the 1% day of August, 2017 through on or about the 31% day of July, 2019, MARC.
DUANE GARCIA, hereinafter referred to as defendant, did knowing his conduct was unlawful,
intentionally deny or impede Christopher De La Cerda in the exercise of enjoyment of a right,
privilege, power, or immunity, namely, participating in or directing others to participate in frequent
acts of harassment, retaliation, or discrimination towards Christopher De La Cerda creating a work
environment that was intimidating, hostile, or offensive and the defendant was acting under the
color of his office or employment as a public servant, namely, Bexar County Precinct 2 Deputy
Constable;
AGAINST THE PEACE AND DIGNITY OF THE STATE. {
Foreman of the Grand Jury