Quantum meruit: Ask no more and give no less than honesty, courage, loyalty, generosity, and fairness

Friday, June 6, 2008

Bryan Smith? Mauricio Cellis?: It's not beyond the real of possibilities for two types of justice in Nueces County. En la tarifa de dos por un níquel



En la tarifa de dos por un níquel cuántos se nickels Manuel Banales pagar para mantener en su puesto de trabajo?



Judge Bañales in traffic accident

105th District Court Judge J. Manuel Bañales
George Gongora/Caller-Times file
105th District Court Judge J. Manuel Bañales

— A 34-year-old Texas Department of Transportation worker is in critical condition Thursday afternoon with what police described as head-to-toe injuries after a local judge's car hit his parked work truck.

The accident occurred about 3:20 p.m. Thursday on an exit ramp from Padre Island Drive to Interstate 37, police at the scene said. 105th District Court Judge J. Manuel Bañales was driving a Cadillac Deville and spun out on the ramp, slid off the road and hit the pickup. The truck was parked as the employee was doing sign work nearby.

The worker was kneeling outside the truck and was hit directly by the Cadillac, police said. The truck was pushed about 50 yards from the point of impact.

Bañales' was taken to Christus Spohn Hospital Memorial with injuries that are not believed to be life threatening, police said.

The 34-year-old was also taken to Christus Spohn Hospital Memorial and is undergoing emergency surgery, police said. Police remain at the scene.


Judge's car slams into transportation worker

Man on ventilator; Banales' injuries not life-threatening

George Gongora/Caller-Times Law enforcement officers inspect a car belonging to 105th District Court Judge J. Manuel Bañales on Thursday near the Interstate 37/Padre Island Drive interchange. Rescuers had to cut the roof and doors off the Cadillac DeVille to free Bañales, who, along with the transportation worker struck, was taken to the Christus Spohn Hospital Memorial.
George Gongora/Caller-Times Law enforcement officers inspect a car belonging to 105th District Court Judge J. Manuel Bañales on Thursday near the Interstate 37/Padre Island Drive interchange. Rescuers had to cut the roof and doors off the Cadillac DeVille to free Bañales, who, along with the transportation worker struck, was taken to the Christus Spohn Hospital Memorial.

A local judge's car hit a transportation department worker crouching near his truck about to fix a sign Thursday afternoon, sending the worker to the hospital in critical condition, police said.

A Texas Department of Transportation heavy-duty pickup with a cherry-picker lift was parked near a ramp connecting Padre Island Drive to southbound Interstate 37 when J. Manuel Bañales, 105th District Court judge and presiding judge of the Fifth Judicial Administrative District, entered the ramp. His gold Cadillac Deville slid off the pavement and struck the truck parked a few feet away on the grass.

Two workers had just pulled over to fix a small, directional black and yellow sign about 2:45 p.m., said police Capt. John Houston, when one worker spotted the Cadillac heading straight for the truck and jumped out of the way. Another worker, 34 years old, wasn't able to move.

"He was hit with the full force of the vehicle," Houston said. "He's injured head to toe."

That worker was rushed to Christus Spohn Hospital Memorial with life-threatening injuries. Late Thursday he was in emergency surgery and on a ventilator. Bañales' injuries are not believed to be life-threatening, police said. He was taken to the same hospital.

The ramp was closed until about 6 p.m. as Corpus Christi police and Texas Department of Public Safety troopers cataloged the accident.

Houston said officers responded to the accident just like any other of the same severity, and state troopers were called in to help re-create the accident.

It wasn't clear Thursday afternoon how fast the Cadillac was going or what caused the accident, Houston said.

The Cadillac came to rest in the wrong direction, with its roof and doors removed with the Jaws of Life. The truck was some 50 yards away, pushed halfway up an embankment to another ramp by the force of impact.

As officers combed the road and car, a yellow grate from the pickup with three orange cones and a water cooler sat a few feet away from the car's front bumper. The worker who jumped out of the way was just about to set up the cones when the car struck, a transportation department spokesman said.

Bañales has been a district judge for 21 years. As presiding judge of the Fifth Judicial Administrative District, he assigns judges to cases when the regular judge is unavailable.

Contact David Kassabian at 886-3778 or kassabiand@caller.com





(32) User Comments:
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related links Posted by 389468 on June 6, 2008 at 5:04 a.m.

How horrible!
Was alcohol involved?
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related links Posted by 240665 on June 6, 2008 at 5:27 a.m.

Sad Times Judge...... Sad Sad Times Bro........
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related links Posted by 232854 on June 6, 2008 at 5:57 a.m.

was he drinking, thats the first question everyone else is asked.........
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related links Posted by 401467 on June 6, 2008 at 6:10 a.m.

He'll probably show up for court. He loves to send people to prison for drinking.
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related links Posted by 712045 on June 6, 2008 at 6:26 a.m.

First, prayers for the young man seriously injured. May God be with him and his family. Second, I am glad Banales was not seriously injured but I wonder if Banales was speeding or perhaps on his cell phone and not paying attention. I hope DPS does a full investigation and does not form a biased opinion based on the fact that he is a judge.
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related links Posted by 240803 on June 6, 2008 at 6:30 a.m.

My prayers for the injured state employee and his family.

All you people care about is for the judge to be intoxicated.
I can't believe the heartless and non compassionate souls that exist in this world.
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related links Posted by 449075 on June 6, 2008 at 6:33 a.m.

Being a judge should be secondary in this situation. He is not in control of the investigation. I hope he was not on his cell phone, maybe this is a good example of what happens when you try to multitask while driving. May God be with the injuried man and his family. A full investigation should be performed and being a judge is no excuse for failure to CONTROL you vehicle.
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related links Posted by 412890 on June 6, 2008 at 6:35 a.m.

sounds like one of our law biding officials was carring some excess speed going into that ramp. He had to have to knock that TDOT truck the distance TV news said.
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related links Posted by 389468 on June 6, 2008 at 6:35 a.m.

We don't know if alcohol was involved or if the Judge was preoccupied or if it was merely a bad patch of road, but it's not beyond the real of possibilities for two types of justice in Nueces County . . . Bryan Smith? Mauricio Cellis?
Let's just hope a REAL investigation takes place and that the public is informed, both these men are public servants.
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related links Posted by 711681 on June 6, 2008 at 6:37 a.m.

I can't guess on whether or not he was drinking, but in my estimation: Judge Banales was probably speeding. In order for a mid-size car to send a much larger parked truck "approximately 50 yards" and "up an embankment" after impact, I would assume a high rate of speed. I would guess since he's on a ramp with advisory speeds (probably at 40MPH), that he was going much faster than that and that's how he also probably lost control.

I wish the report would state which ramp exactly Judge Banales was entering. There's one flyover ramp that heads towards Calallen and another ramp that heads towards Downtown. I'd like to know where the TxDOT truck was parked, and where Banales veered off the pavement.

I saw the accident yesterday when I was leaving work, and it looked horrible. The entire roof of the mid-size car was destroyed, and I was thinking that driver was seriously injured or killed.

My prayers go out to the TxDOT worker,. I hope he recovers fully. I also hope Judge Banales is doing well.

Curtis Rock
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related links Posted by 712601 on June 6, 2008 at 6:45 a.m.

The Judge probably feels IMMUNE from the law!!!!!!!!!!!! He probably refuse to take a blood alcohol test - SLOW down, if the man dies (wish i hope he doesn't) then the judge should be charged for manslaughter. RIGHT???????????? U R not IMMUNE from the law - u idiot.
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related links Posted by 259150 on June 6, 2008 at 6:51 a.m.

Maybe now the Judge will know that accidents CAN happen. Hope the TxDot workers pulls out of this with no long-term effects. Because of the media attention I'm sure the Judge will be citing for "failure to control" his vehicle and/or "driver inattention".
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related links Posted by 240803 on June 6, 2008 at 6:59 a.m.

in response to 401467

I believe sending people to prison for drinking is Judge Banales job. If they don't get punished then it's the "judges are too soft on criminals" complaint.
Wheather he loves to send people to prison I would'nt know.
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related links Posted by 233106 on June 6, 2008 at 7:11 a.m.

37 accidents now in the past 15 months for county employees?

Sounds reckless. Will a full investigation checking for drugs and alcohol be done?

Wasn't there a court manager a few years ago charged with a felony because of a cell phone and an accident?
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related links Posted by 239123 on June 6, 2008 at 7:25 a.m.

Post 233106, I believe it was because of make up. She was putting on her makeup that caused an accident.

My prayers go out to the TXDot employee. Also to Judge Banales.
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related links Posted by 240803 on June 6, 2008 at 7:39 a.m.

Yes, accidents do happen. However when a person makes the choice to get in the drivers seat of a vehicle, while under the influence of alcohol or drugs then thats no accident.
I am sure for all of you anxiously awaiting toxicology reports on the judge, maybe you won't be disappointed. Seems some of you are wishing for the worst
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related links Posted by 240354 on June 6, 2008 at 7:44 a.m.

so many of you jump to conclusions on what happend. maybe you should be out there doing the investigation. Maybe he had a heart attack and lost control? you never know, but so many of you are sure that it was alcohol related. your minds are filled with so much negativity and so many people hate to live here because of you.
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related links Posted by 246492 on June 6, 2008 at 7:46 a.m.

in response to 240354

Well said and painfully true.
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related links Posted by 389468 on June 6, 2008 at 7:50 a.m.

We weren't the ones driving the car.
We weren't the ones who hit that poor TXDOT worker.
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related links Posted by 245928 on June 6, 2008 at 7:52 a.m.

omg, bloggeristas !!! Posting privileges removed yesterday have been restored and here we go with speculations, such as faulty tires on the Cadillac. Sheesh, to survive after being slammed that hard and trapped that badly. God bless the TxDOT employee and Judge Banales and all the families and friends.
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related links Posted by 236331 on June 6, 2008 at 8:06 a.m.

Well, how bout that! I feel sorry for the worker that was hit and Judge Banales. I'm just glad it wasn't me, if the judge is guilty of manslaughter then he'll be in a cell soon saying to his room-mate, "Wanna grill cheese ese?"
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related links Posted by 699448 on June 6, 2008 at 8:06 a.m.

My prayers go out to Judge Banales AND the TXDOT worker as well as their families.
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related links Posted by 592398 on June 6, 2008 at 8:12 a.m.

May God be with all involved. I am sure that Judge Banales and his family feel horrible. Come on folks, accidents happen and we have no idea why this one happened.

Maybe he was headed back to work, maybe this or maybe that, but lets wait until the investigation is done.

My son went to school with his daugter and I personally think Judge Banales is a awesome individual. And no I am not hispanic so don't go there. He was very involved with his kids and I think as a judge he is fair.

Keeping everyone involved in my prayers.
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related links Posted by 699733 on June 6, 2008 at 8:16 a.m.

Some of you all are so stupid. Judge Banales is a fair judge and you all need to give him the benefit of the doubt. He could have been having trouble breathing, having a heart attack or even having a stroke. You all don't know that but you all are just assuming that he was drunk. Instead of being so narrowed minded you all should pray for the TXDOT worker and for Judge Banales as we don't know what actually happened. My prayers got out to Judge Banales and for the TXDOT worker and the families.
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related links Posted by 233517 on June 6, 2008 at 8:17 a.m.

I like Judge Banales.
I wish this young TX Dot worker well and hopefully a full and speedy recovery.
Maybe the Judge just lost control of his car when he noticed the parked vehicle. Did anyone ever think about that? Remember, Banales is the Judge who is trying to keep your kids safe from sex offenders, so before you go bashing him without knowing the facts, remember, he is a good judge.
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related links Posted by 263127 on June 6, 2008 at 8:18 a.m.

Surely authorities administered a breathilizer test to theJudge to allay any future questions by the public about his sobriety. There is no question that a high rate of speed was involved, and there are strict laws regarding caution in work or construction zones. The Judge clearly was the at-fault party to the accident. Judges and Law Enforcement are held to a higher standard than those they serve, so the public will expect a thorough and fair review of his case. In the meantime our wish is for a full and complete recovery by both parties. God be with them.
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related links Posted by 238309 on June 6, 2008 at 8:20 a.m.

Time to retire; in jail, maybe?
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related links Posted by 712812 on June 6, 2008 at 8:26 a.m.

i hope judge banales ok. what bothers me is how the news reported the story. to me, it seems the main part of the story was all about judge banales being in a car accident. the story should focus on the fact that a person (txdot worker) was almost killed. my heart goes out to the worker's family. it seems that the judge was driving at an unsafe speed. judge banales will have to live the rest of his life knowing he almost killed someone....and that is heavy.
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related links Posted by 237538 on June 6, 2008 at 8:28 a.m.

this is pompous judge..it is mandatory to DPS to take a blood draw if there is a death or possiblity of a death in an auto accident..
lets see fit they did.

Watt is Embellishment?

and

Where is the Truth?

Thursday, June 5, 2008

BANALES IS GETTING AWAY WITH A THIRD CRIME?

Today Maximum Manuel is again trying to slither his way out of yet anothe crime. As we have reported before it is not the first time Banales has been protected. He reportedly failed to control speed while exiting off 37 and hit a young man (34) and knocked he and the vehicle 50 feet. Banales had previously hit a homeless person according to police sources and he refused to exit the vehicle a few years ago, was rumored to have been under the influence of alcohol, called Carlos Valdez to come and rescue him and no charges were filed against him and the homeless man received a civil settlement. In another arrest Banales was reported to have solicited a prostitute and was handcuffed but later released.

Now in the most outrageous coverup the mainstream media was showing him in neckbrace, minimizing the poor young man's serious injury, in fact which may lead to death.

IS BANALES ABOVE THE LAW?
Banales has had a questionable past including representing Biker's on drug charges. Reportedly after getting them off he was given women as presents. Unbelievable. He lost judge elections 3 times and was about to be run out of town until his controller DARREL BARGER a defense attorney who employs all of his children and who has told many an attorney that he controls judge Banales and reportedly Banales pushes all cases aside when this man enters the courtroom. Now he has hit a young man, exiting at a high rate of speed and hit the car and knocked it 50 feet. Can you imagine the high rate of speed that Maximum Manuel Banales was doing? Reportedly, one of the workers had time to move out of the way and the other one didn't have a chance. The media is already circling the wagons and even SHERIFF KAELIN is on message to want people to feel sorry for this man.

How many hispanics have been victim to his maximum treatment and sentencing after he has broken the law now at least 3 times and gotten away with it? The Defenzor consulted with an accident reconstructionist and that expert believes that the look of the vehicles and the high rate of speed well over 50mph that pushed the truck over 50 feet is very suspicious. If they do not charge him with excessive speed, failure to control vehicle and negligent homicide if the boy dies is an injustice and a coverup.

WHY ARE THE WAGONS BEING CIRCLED ALREADY?

Banales is the administrative judge in control of many courts and appointed by Perry (one of the few Democrats, but he also has licked the boots of the King Ranch and Armstrongs for so long (see the Fernandez battle for legitimizing the doctor as the heir of Miflin Kenedy) that he shut down with his good friends Jorge Rangel and Tony Canales. Now Judge Maximum Banales has hit and seriously hurt and possibly murdered a young man and TxDot employee. Justice must finally be served. But, unfortunately, and predictably the Defenzor predicts that the powers that be here will cover and coddle Banales once again. 1) Homeless man seriously hurt 2) hooker solicited 3) and now a reckless driver.

GET THE EVIDENCE FROM BANALES' CADILLAC?
With his fancy Cadillac where is the blackbox on the Cadillac? It can calculate how fast he was going! He was traveling at a high rate of speed, there is no doubt by the look of both vehicles. He was driving reckless and if the boy dies it is a homicide according to one local criminal attorney who wishes to remain nameless and also who corroborated that Darrel Barger bragged about controlling and having influence over Banales.

INDICT BANALES! He is not the victim! The poor man who was working needs to be heard! Where is DPS investigating? This is not his first accident? Where is the D.A. investigation? DO NOT LET A COVERUP OCCUR. THE DEFENZOR feels for the family of the poor man. How dare the mainstream media make Banales the victim here when he caused an accident and was careless and has hurt an innocent man!

STAY TUNED FOR MORE. BE REST ASSURED THE DEFENZOR WILL NOT REST UNTIL A COMPLETE INVESTIGATION SHOWS WHETHER OR NOT BANALES "MAXIMUM MANUEL" WAS RECKLESS DRIVING AND MAY HAVE KILLED SOMEONE. ENOUGH IS ENOUGH.

FORMAL ARTICLE IN DEFENZOR TO FOLLOW. STAY TUNED.