Rockport Man Says He Was Mistakenly Arrested; Plans to File Lawsuit

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Manuel De La Rosa

(February 9, 2010)

ROCKPORT--A Rockport man said he plans to file a lawsuit after he's mistakenly arrested. The warrant was for fishing without a license. During the arrest, this 68-year-old retired police officer said he was roughed up by officers and suffered a severe back injury.

The man said the arrest happened more than two months ago at his home in Rockport. He told officers they had the wrong person, but they still put him in cuffs.

"It's painful,"that's how Loyd Garcia describes the pain he suffered from his November 30th arrest.

A deputy walked up to his front door, saying they had a warrant for the 68-year-old man. They threw the former military and police officer in the back of a cruiser.

Then when he got to the jail, authorities realized he was the wrong person, apologized, but the damage was done.

"It is embarassing and it's happened several times where somebody refers to me as a jailbird," said Garcia."I told the deputy they had the wrong man and there is an age difference he the other Loyd Garcia and me. He is 15 years younger than me."

Garcia must now walk with cane and suffered a crushed vertabrae for his time in the back of the cruiser. He's being given pain pills and injections because he can't have surgery due to a heart condition.

The vietnam veteran also suffers war flashbacks from his time in cuffs and is seeing a psychiatrist.

The Aransas County Sheriff wouldn't comment on the lawsuit. Garcia plans to sue the county for pain and suffering for what he says was a case of mistaken identity.

--Manuel De La Rosa, Area 3 News, mdelarosa@kiiitv.com

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FRED said on Wednesday, Mar 3 at 5:30 AM

yes and lets File a Lawsuit On stripes the Coffee was not HOT !!!!!!

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truthhurts said on Saturday, Feb 13 at 3:36 AM

people that try flaunting vietnam veteran hats are all about glory..my uncle was a paratrooper and has taken many lives, he does everything he can to not think about the past. My other uncle was a COOK for the army and wears vietnam veteran hats, shirts, and covers his vehicle with bumper stickers. This guy is in it for the glory and attention, as it shows here...

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walmart worker said on Saturday, Feb 13 at 1:32 AM

rpd is always makin mistakes. they deserve whats comin to them. i worked with the man. he is a nice guy. he wouldnt wrongfully seu n e one wrongfuly. plane n simple, cops f**ked up. n they need 2 pay 4 thier mistake.

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cotton said on Thursday, Feb 11 at 11:43 AM

This is pathetic. Yes you can be arrested for no fishing license, a ticket is a ticket. The rest of the story should be how it all came about...this man had deputies come to his house after telling dispatchers he WAS the wanted man because he was angry.....after finding the mistake, the man was released. Why did it take two months to suddenly be injured? His wife also works for a judge in aransas county....a little suspicios?

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you bet it happens said on Wednesday, Feb 10 at 2:18 PM

I know this guy ...and yes it did happen.....more the reason to sue if he wasn't supposed to get arrested for an expired fishing deal.

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Unbelieveable said on Wednesday, Feb 10 at 9:23 AM

I dont believe this story. I cant believe it.. the back pain you suffer from is called OLD AGE.People go to prison for crimes they didnt commit,but they dont go file a law suite i think this man is money hungry & this looks like a good way to cash in. Mr. get a job.Even if its a sit down job. or maybe council other BullSh@#$ers..You got it.

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scooby said on Wednesday, Feb 10 at 6:32 AM

sounds like its too many pain pills causing the flASHBACKS, OR MAYBE HE WAS SCARED OF SOMETHING HE DID TO THE PEOPLE HE ARRRESTED, MAYBE THAT IS WHAT HAUNTS HIM

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Anonymous said on Tuesday, Feb 9 at 11:32 PM

war flashbacks.. come on.. seriously? we should ban idiots from filing lawsuits. n a crushed vertebrae..? uh huh, ok.

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Javs said on Tuesday, Feb 9 at 11:22 PM

They can arrest you for fishing without a license. But once a ticket is issued, it is given to a JP court in the county. After that, if it is not taken care of, a warrant is issued and either the county constable or sheriffs is suppose to serve the warrant. As far as this guys story, I would like to here the other side. Sounds a little flaky. He's claiming flashbacks and needing to see a shrink. Give me a break...

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puke&roll said on Tuesday, Feb 9 at 9:45 PM

If you have been given a ticket for fishing without a license by TPWL (texas Parks & Wildlife - A Game Warden), and you do not pay the ticket or go to court on it, a warrent will be issued. A county constable probably delivered the warrent with a Sheriffs Deputy or two (not Rockport cops). When they make a mistake like that, then they need to pay whether or not the guys a fake or not!

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knows said on Tuesday, Feb 9 at 9:44 PM

Must be a Summerfield

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kitty said on Tuesday, Feb 9 at 9:25 PM

you would think they would id a person by age dob, before they attempt to take them in lol, dont know this man , but i do believe before serving a warrent they should have a description of the person , lest some info lol, way go rpd

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ABIGAIL said on Tuesday, Feb 9 at 9:05 PM

I know this guy, he's probably lying like the dickens! He does this thing all the time. Retired cop? That's a laugh!...and a lie

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Village Idiot said on Tuesday, Feb 9 at 8:51 PM

The fumes from the cheap materials of this here single wide are destroying what few brain cells I have.

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Village Idiot said on Tuesday, Feb 9 at 8:09 PM

I just don't believe this guy... I think he will be found out to be a fraud.

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Hows that ...... said on Tuesday, Feb 9 at 7:50 PM

They can't arrest you for fishing w/o a license. They can fine you, and that is done by TPWD personnel, not by local authorities, sue the pants off em, you go boy!

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LadyCaptain313 said on Tuesday, Feb 9 at 7:50 PM

What a crock. How do we know his back wasnt injured some other way? Sounds like someone is just after a quick buck.

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