Petition seeks removal of Willacy County district attorney

RAYMONDVILLE — Three Willacy County officials have signed a petition seeking to remove District Attorney Juan Angel Guerra.

Willacy County Sheriff Larry Spence, District Clerk Gilbert Lozano and County Clerk Terry Flores signed the petition in district court Tuesday afternoon.

Guerra declined comment because the court had not served him with the petition. He said Lozano tried to charge him $48 for a photocopy of the petition.

The document requests a state district judge order a jury trial to decide whether to remove Guerra from office on 39 counts, including incompetence and misconduct.

“Juan Angel Guerra should be removed from office due to incompetency and acts or omissions that constitute official misconduct,” the petition states.

The petition accuses Guerra of failing to perform his duties as county attorney and using his office to retaliate against citizens and county officials.

It also charges “Juan Guerra has created a hostile atmosphere among other government officers to the point of debilitating the working of the county attorney’s office to carry out its duties amounting to incompetence and official misconduct.”

“Every allegation is based on documentation,” Lozano said of the 48-page petition.

State District Judge Manuel Bañales, the Fifth Judicial District’s administrative judge, will determine whether there are grounds to call a hearing in which Guerra would respond to the accusations, Lozano said.

Bañales or an appointed judge would determine whether to order a jury trial if Guerra fails to show the accusations are groundless, Lozano said. The jury would determine whether there’s evidence to remove Guerra from office.

“We had people come to us and say we need to do something,” Spence said.

“We’re not getting help anywhere else. This has got to come to a head somewhere. It’s got to stop. It’s not good for the community.”

State law allows citizens to request that a judge call a jury to determine whether there are grounds to remove elected officials from office.

For months, Lozano, Spence, and Flores debated launching the process but feared Guerra’s retaliation, Lozano said.

They asked attorney John Blaylock, a former Willacy County assistant district attorney who ran against Guerra in elections, to draft the petition, Lozano said.

“If the courts do the right thing, they will allow the citizens of Willacy County to voice their opinion through a jury that will be the voice of the people,” he said. “Now, the residents of Willacy County want a competent district attorney.”

Guerra said he still plans to seek a fourth term this year.

So far, Harlingen attorney Art Saenz and Cameron County Assistant District Attorney Bernard Ammerman said they will run in the March 4 primary, as well.