The following is a text copy of the official complaint to the Texas Department of Public Safety filed on November 18, 2010.
A copy of their response letter can be found here, and the envelope here. The only edit is the address, which has been redacted.
Texas Troopers officially admit wrongdoing after ID complaint
Driver files federal complaint against Texas troopers for civil rights violations
TX Trooper violates federal law 'because I have the badge and the gun'; driver records interaction
[copyright 2010 Martin Hill]
AFFIDAVIT STATE OF ______Texas________ COUNTY OF _Medina___________ Before me, the undersigned authority in and for the State of __________________, on this day personally appeared, ___________________________________who, after being by me duly sworn, deposed and said:
My name is_Martin Hill . I am of sound mind, 18 years of age or older, and competent to give this affidavit.
I sent this complaint to Texas DOT via electronic contact form at 6:07 AM 11/18/2010. Later that day I received a reply from Theresa Guerrero, who said
"Dear Martin Hill, Thank you for your inquiry. After carefully reviewing your information, it has been determined that your concerns would best be handled by the Texas Department of Public Safety. The officer, Aguinaga L0339, mentioned within your complaint works with the Texas Department of Public Safety. Your information was forwarded to the correct office and their office will be in contact with you. Please do not hesitate to contact me if you have further questions."
They have yet to identify the unnamed white maleTexas State Trooper who was working alongside Aguinaga. I need his identity immediately, as he is also a subject of this complaint.
I am writing to file an official complaint against DOT officer Y Aguinaga L0339 6A02. I work as a truck driver and hold a CDL. On Wed. November 10th at approx. 7:15PM, I was off duty in the sleeper berth as my partner pulled into the weigh station in Devine TX on I 35. They pulled him in for allegedly being overweight, and I was awoken from the sleeper by my partner saying that the DOT officer wanted to see my drivers license. There was absolutely no reason for this, and in fact it caused me to unwillingly violate the federal sleeper berth regs. I got out of the truck under duress and walked back to the office where she had told my partner to wait. On the way, I passed a Texas State Trooper who was at the back of our truck. He told my partner he wanted to break the seal, and proceeded to do so.
I informed her that I was off duty in the sleeper, and asked if her wanting to see my license was a request or a demand. She replied it was a request, at which time I told her "I refuse your request". She said "OK, that's fine", and I started returning to my truck. After I had reached the truck, the yet unnamed TX trooper ran after me and called me. He then jumped up on the running board and put his arms in the passenger window seal of the truck (window was rolled down). Obviously, Aguinaga had told him I had not ID'd and told him to go after me. I was forced, under the color of law, to once again violate federal law & come back out of the sleeper. I told him what Aguinaga said, and informed him that I don't even know who he is. He replied by saying "I have the badge and the gun", yet refused to identify himself with his name, position, or badge number. I explained the situation about my ID, and he said TX 'policy' was to ID everyone'. He invoked federal motor carrier regs as a pretext,despite the fact he was violating them. He told me I would be arrested, that it was a "jailable offense" if I refused to ID. He also said "I don't know how far you want to take this". He said in TX they look for runaways,& check everyone, and that I would be violating the penal code if I refused, and again threatened arrest.
I asked him if he thinks he can wake anyone up out of the sleeper berth when they are off duty, and he said yes. I asked if his query regarding my license was a request or a demand, and he told me it was a demand. Under duress and threat of arrest, I complied with his illegal order and handed him my license. He walked back towards Aguinaga, who had left my partner in the DOT office alone while she waited for the officer to get my license.
I hereby notify TX DOT and Texas Department of Public Safety that I expect a prompt reply and remedy. In addition to this complaint, I intend to file a federal civil rights complaint against both parties. You must save all audio and video recordings and or transcriptive records that were made by all parties involved, as well as any vehicle camera recordings, or surveillance camera recordings. Any recording that either officer made, or that exist must be saved. Do not delete, destroy, erase, or lose this evidence.
Your officer's and department's violation of the Constitution is abhorrent and will not be tolerated. As a Roman Catholic Constitutionalist, I will stand publicly for the rule of law and more importantly, God's law which encompasses the dignity of all human beings.
November 18, 2010
I have read the above statement consisting of _____ page(s), which is based on my personal knowledge, and it is true and correct.
Subscribed and sworn to before me, the undersigned authority, on this the _____day of _______________ A.D. _______.