How the Criminal Justice in Bexar County is Failing Victims of Violent Crimes – I

Victims of violent crimes in Bexar County deserve to be protected from further harm while their cases are being investigated and prosecuted.  However, when InfuseSA recently reviewed court records for sexual assault cases, we discovered that the criminal justice system may be failing to do so.

During the early morning hours on September 26, 2020, a woman was sitting on a VIA bus bench at Woodlawn Avenue and Grant Avenue, when an assailant approached her from behind and struck her in the head multiple times with an unknown object.  He then covered her mouth with one hand, and proceeded to sexually assault her.

The assailant was later identified as Lamar West.

Information obtained from SAPD records document that Mr. West denied the sexual assault, but admitted that he smokes “Ice” approximately five days a week, and had done so prior to the alleged sexual assault.

“Ice” is the street name for methamphetamine.  According to the Department of Justice, its users “may have episodes of violent behavior.”

Mr. West admitted he was in the vicinity during the time frame of the sexual assault.  He also stated that he recently had sexual intercourse with multiple females at his apartment but could not provide their names.

Mr. West was indicted for the alleged sexual assault by a Bexar County Grand Jury in December 2020. His initial bond was set at $100,000.  His attorney, Fernando Ramos, filed a motion to reduce the bond in January 2021.  Notably missing from Mr. Ramos’ motion is any mention of his client’s prior criminal convictions. Instead, Mr. Ramos states that Mr. West had lived in San Antonio “all of his life,” and that he posed no flight threat.

Mr. Ramos’ assertion that his client was a life-long San Antonio resident is contradicted by Mr. West’s extensive criminal history.

To be clear, it is not the job of a defense attorney to provide a defendant’s criminal history in a motion to reduce a bond.  That responsibility ultimately lies with the prosecutors who respond to the motions for bond reduction, as well as the magistrates who can directly request a defendant’s rap sheet.

Court records for Mr. West date back to 2004.  They document that he was found guilty of multiple misdemeanor and felony crimes, including aggravated assault, robbery, and possession of cocaine.

He was also found guilty of retaliation and was sentenced to prison for 4 years.  The indictment states that Mr. West threatened to kill a woman who had reported the occurrence of a crime.

Mr. West’s other criminal convictions include interference with duties of a public servant, and criminal trespass.  From terroristic threat to harassment, and resisting arrest to sexual assault of a child, the list goes on and on.

Mr. West’s criminal history notwithstanding, Judge Andrew Carruthers, a Bexar County Criminal Law Magistrate, ordered that West’s bond be reduced from $100,000 to $75,000.

While motions for bond reductions are filed every day in Bexar County, what is particularly perplexing here is that the magistrate and the prosecutor failed to appreciate the significance of Mr. West’s threats to murder a witness.

On January 4, 2022, while still incarcerated in the Bexar County jail, he requested records related to his case from the District Clerk.  They provided the records to him 3 days later.

However, one of the records he may have received was an SAPD police report with the name, address, and telephone number of the victim.  Members of the public, including potential surrogates acting on behalf of Mr. West, could have accessed the victim’s information at any time.

Bexar County District Attorney Joe Gonzales’ office provided the following statement:

“This case was dismissed due to a missing witness on Feb. 25, 2022.  The Bexar County District Attorney’s Office made multiple attempts to locate the victim in this case over the course of a year.  Neither our office, nor her friends and family had been in contact with her for many months.  Her testimony was crucial to our case and without her we were unable to move forward with prosecution.  Should she be located, this case may be refiled and prosecuted at a later date.

“As for the bond reduction, the District Attorney’s Office does not set bonds.  A judge lowered the bond at the request of the defense from $100,000 to $75,000 on Feb. 11, 2021.  The defendant was not able to post bond and he was not released from jail until the case was dismissed.  Our office cannot answer why the judge reduced the bond.”

In the next part of our series, InfuseSA will examine the bond and magistrate appointment system, and why it is often difficult for voters to hold magistrates accountable even if they make judicial rulings that could jeopardize the safety of crime victims and witnesses.