Personal Observations and Critique of Presidio Government Officials
(The content below are my personal observations and opinions about the case against my cousin Carlos Nieto. I am not a legal professional and any references to legal matters are strictly my unprofessional observations. I do not claim to have all the facts, evidence or background to make a credible judgement on the case. The few facts and background that I have is all that I have to base my opinions and observations on. If I show that I am misinformed or have wrong or insufficient facts, I apologize.)
First and foremost, I want to remind everyone that Carlos Nieto may or may not be guilty!
The case and the evidence have not been presented, heard or judged and Carlos has not yet been pronounced guilty or not guilty. Yet Presidio city officials have already indicated that he is guilty and they do not want him to return to Presidio. What ever happen to the constitutional right that a man is innocent until proven guilty beyond a shadow of a doubt? Carlos Nieto is a citizen of these United States of America and entitled to all the rights, priviledges and protection of citizenship. What authority do the City government officials have to try to influence the judge to ban a citizen from his legal residence and away from his family, business and community prior to the court finding him guilty. Seems to me this information should more appropriately be addressed by the prosecutor or defense attorney. Not the judge.
It is my opinion that the request for banishment and rejection of Carlos Nieto by City government officials is excessive punishment that does not fit the crime that Carlos Nieto has been charged. I believe that “Banishment of the accused” is a very serious punishment for a very serious crime. Prior to banishment of an accused person, proper and legal processes must be followed through the courts. I do not believe that you can banish an accused person with a simple request for banishment from a city mayor or city government official without seriously infringing on the individuals civil rights. They can request it but I believe banishment maybe legal after (and only maybe), the accused is found or declared guilty by a judge or jury. Banishment could also be considered cruel and unusual punishment which would be unconstitutional under the Bill of Rights. This could be indicative of a lack of awareness of the constitutional rights of an accused person/citizen, in which case, the lawyer for the accused would best be qualified to know and defend. It is evident that these city officials have not properly thought out Carlos Nieto’s constitutional rights and are intent on throwing Carlos Nieto “under the bus”. Perhaps to cover up some of their own deficiencies or individual hatred they have towards Carlos Nieto and nothing to do with the betterment and administration of the city or its citizens.
I question if the requests from the city officials are truly representative of the citizens of Presidio. During my recent visit to Presidio, I heard numerous unsolicited favorable comments about Carlos and his contributions to the betterment of the city. I also heard a few unfavorable ones but not to the degree that called for banishment from the city. I just do not know where the idea of banishment originates.
I have to wonder if these officials truly considered the seriousness of all the implications resulting from their request for banishment of Carlos from Presidio. Was their hatred towards Carlos so intense that their intent to hurt him included his family and implicated the survival and educational future of his children? Did they feel so strong about their feelings that family relationships would be forever terminated. This includes respect, friendship and loyalty. Some of these relationships go back for several generations. The future career or lack of for Carlos that would result from their request? This could lead to the ruination of a family’s future. Was Carlos’s “sin” deserving of such hatred and such punishment? Even if Carlos is found “not” guilty, and he returns to Presidio, how can these officials face him, or he them? The friendship, trust, respect and loyalty has been lost forever. Not only Carlos’s immediate family but for his extended family as well. Can these officials truly say that they acted on behalf of the citizens of Presidio and be proud of their actions?
It really appears that the incompetence of the city officials is really the root cause of Carlos Nieto’s troubles. First of all, why was a position created for Carlos Nieto to become a project manager/administrator? It is my understanding that Carlos Nieto was really hired to seek ways to promote the economy of the city by seeking and taking advantage of opportunities for the city. It was felt that his education, management experience, dedication/loyalty to the city, the many contacts and trust among politicians, educators, etc. throughout the city, county, state and in some cases national would be of great benefit to the city of Presidio,Texas and, yes, even the reputation and accomplishments of the Nieto family so well known around the region including across the river in Mexico. It is evident that none of these qualities or capabilities were possessed by the so-called leaders of the city. It is also my understanding that Carlos did accomplish numerous projects that benefited the city of Presidio substantially. These were in the areas of the city, the school, the church and the county. I would love to compare Carlos accomplishments with those of the city officials, either individually and or combined.
Carlos accepted the position for a measly salary, close to or equivalent to that of a laborer with hardly any education, experience or professional illusions. He accepted it mostly for the love of the city, the people and above all, the children of Presidio, Texas. To the best of his ability and intent, he wanted to help provide the best of education and preparation to the children so that they then could go on to succeed in whatever college or field they chose and wherever their future would take them. The Nieto family, pioneers of Presidio, Texas, have traditionally sought opportunities to improve and better the citizens of the city.
Unfortunately, those leaders of Presidio that are complaining about Carlos and “kicking him while he is down” and many of its citizens that have never understood what it takes to be a true leader, a leader that can direct, lead and accomplish do not see or appreciate these qualities and accomplishments and will have to settle for inept city government officials in name only.
Of all the dislikes listed in the letters, they are all hearsay. They do not offer one piece of evidence to back up their accusations. No positive action! Later Carlos salary was increased to an amount that could hardly be called a salary. If Carlos was not performing to the expectations of those that hired him, why did they decide to give him a salary increase? I have my doubts that the City Government Officials deserve the salaries that they are currently being paid. Carlos deserved a salary commensurate with his qualifications and the contributions he performed for the city. Instead, Carlos salary was no where close to being commensurate with his accomplishments, contributions for the betterment of the city, the demands of the job or its responsibilities. And yet, Carlos proceeded carrying out his responsibilities in a true professional manner, forever beyond reproach and like a true leader and administrator. It is evident that income supplements became necessary from his family, relatives, contributions and whatever other sources that were available. The limited information that I have leads me to believe that he might have requested, negotiated and perhaps accepted simple fees paid equivalent to or in the same manner or intent that are paid to a lobbyist. Lobbying (with pay) is common throughout our government and evidently authorized even at the highest levels of our government. At this point I see no difference in lobbying (for pay) for beneficial opportunities for Presidio, Texas or lobbying (for pay) for beneficial opportunities at Washington D.C.
I question these so-called leaders of Presidio, why did they not approach Carlos about their dislikes and/or even why did they not take action to fire him if they felt that Carlos was not acting to their expectations. Sounds to me like they were afraid of Carlos!!! When Carlos (the lion) roared, the (squeamish) city government leaders squirmed. Who was Carlos accountable to? Who was his supervisor or who did he report to? Seems like to me this official would be responsible for monitoring and approve/disapprove actions that Carlos was taking. Silence would be an indication of approval. If so, why is Carlos the only one on the chopping block? The accountable official would be responsible for knowing what projects Carlos was working on and the status of the projects via regularly scheduled meetings, audits and reports, verbal or written. There is no indication in any of the documentation I have read that mentions status reports, meetings, follow-ups, audit, etc. Furthermore, the accountable official should have been intimately aware of what fund expenditures were taking place. Carlos Nieto’s accountable official is certainly implicated and involved in this case and should be right in the middle of the investigation.
The constitution of this great nation, provides that a suspect is not guilty until proven guilty beyond the shadow of a doubt. Yet, these officials have already eliminated his job position and asked for his banning from the city of Presidio. Are these individuals trying to influence the judge or jury in their consideration of the facts when properly presented to the court? Seems like these officials are jumping the gun and not even giving Carlos the benefit of presenting his case to the court. The City Government has already decided that Carlos is guilty and gone ahead and declared Carlos as guilty by eliminating his position/job. Never mind of a possibility that Carlos is found innocent and perhaps even acting for the benefit of the City of Presidio in a legal and constitutional manner. If per chance, Carlos is found “not” guilty, these officials will look like “damn fools”. I am not a lawyer but in such a case, I would think that Carlos Nieto would be justified in suing the city and these officials for defamation of character and reputation as a minimum with possibility of additional counts.
Jose A. Jimenez
First Cousin of Carlos Nieto
“Born and raised in Presidio,Texas”
Disabled U.S.A.F (Captain) Viet-Nam Veteran
1713 High Ridge Road