Headline News story

Where's the county boat?

By Judith Pannebaker

Who knew donation came from local bail bondsman & when did they know it?

An incident that occurred on Medina Lake may have created some uncomfortable ripples for law enforcement personnel with the Bandera County Sheriff’s Office.

Lake incident

According to Precinct 2 Commissioner Bobby Harris, approximately two months ago, a firefighter with the Lakehills Volunteer Fire Department solicited help from the sheriff’s office after a family was stranded on the lake. Harris declined to divulge the identity of the volunteer.

“Apparently, boat motor broke down leaving the family drifting on the lake at night,” Harris said in an interview. “All the game wardens, who usually initiate water rescues, were away attending a class.”

Harris said the firefighter called emergency dispatch and asked if the sheriff’s department could help with the situation. “The firefighter was told by dispatch that the sheriff’s office had no way to come out there and rescue them [the family],” Harris said. He added that the firefighter eventually launched his personal pontoon boat and facilitated a successful water rescue of the family of four.

Both state game wardens with the Texas Parks and Wildlife Department and county law enforcement officer have jurisdiction on Medina Lake.

Rescue craft equipment

According Precinct 4 Constable Rod Chalmers, who, as a former game warden, also served as a Marine Safety Enforcement Officer for 29 years, a police emergency vessel would come equipped with an agency logo on its side for identification purposes and a rotating blue light to stop boats on the water.

“Common sense would also tell you a water safety boat should also be equipped with extra life preservers and fire extinguishers, among other items,” he said in an interview.

According to Bandera County Game Wardens Mark Dorrough and Jorge Tamayo, police emergency vessels with the Texas Parks and Wildlife Department – aka “the Texas Navy” – also carry tow straps, life jackets, an underwater camera, throw devices, first aid kit, GPS communication system, binoculars and a fire extinguisher.

Additionally, all boats are required to have life jackets, throw devices and fire extinguishers. Boats in excess of 16-feet long must have one Coast Guard approved Type IV throw life jacket and wearable lifejackets for everyone aboard.

Boaters under 13 years must wear life jackets while the craft is moving. Having a boat registration onboard is also required.
Failure to have the required equipment on a boat is a Class C misdemeanor.

Where’s the boat

So, a question remains: What happened to the water rescue boat, motor and trailer donated to the county by Albert S. Saenz on June 28, 2007?

BCSO Chief Deputy Don Berger brought the proposal before Bandera County Commissioners Court. At that time, Berger described the craft as a 2002 model Sea Fox with a 75 horsepower Mercury Outboard motor and trailer. Saenz, he said, had donated the boat to the county “for the purpose of law enforcement” – primarily for assists and lost boat searches on Medina Lake.

Additionally, Berger told commissioners a class would be scheduled soon to allow 10 deputies to become marine certified. He added that officers had already completed a course on boating safety taught by personnel with the Texas Parks and Wildlife Department.

Berger described the boat as “in excellent condition and much safer than the one currently being used. It will handle rough water better, too.”

Berger had referred to an older model boat that then-Sheriff James MacMillan had kept at his home on Medina Lake that had been used for infrequent water operations.

With tongue-in-cheek, Berger also told the court, “If you see any of us water skiing this summer on Medina Lake, we’ll just be doing undercover work.”

The problem is that no one has seen the watercraft in action since commissions accepted the boat on behalf of the BCSO in the summer of ’07. To Harris’ knowledge, it is not being stored at Medina Lake and has never been used in any law enforcement capacity on the lake.

In addition, neither Sheriff Weldon Tucker nor his representative has asked commissioners to approve law enforcement and rescue equipment for the craft – either through a budget amendment or a line item transfer of department funds.
Bondsman donation

Another problem may concern the source of the donation.
During his 2007 presentation to the court, Berger failed to identify Saenz as owner of AA Best Bail Bond, 1211 Pecan Street, in Bandera.

In an article published in the San Antonio Express-News on Jan. 30, Guillermo Contreras wrote that the Texas Rangers, the Bexar County district attorney's office and the Bexar County Sheriff's Office have launched criminal investigations into Saenz’s business practices. The investigations are directly related to earlier articles published by the Express-News.

As John MacCormack reported on Nov. 23, 2008, “In interviews with the San Antonio Express-News, a half-dozen of his ex-employees said Saenz gets critical breaks from a range of public officials in exchange for favors including free tickets, out-of-town trips and cash.”

Contreras reported in the Express-News, during a hearing conducted by the Bexar County Bail Bond Board on Thursday, Jan. 29, Saenz denied that he gave gifts, tickets and cash for bonds or special favors to Bexar County employees as “an edge over competitors” – or in exchange for having bonds referred to his company or for other favorable treatment.

The November article also detailed allegations that Saenz enjoyed close relationships with several area sheriffs. MacCormack wrote, “In smaller counties that don't have bail bond boards, the sheriff has almost complete power over bail bondsmen, and earning his favor can be very good for business.”

Harris, who made the motion to accept Saenz’s donation in 2007, was shocked to learn Saenz owned a bail bond operation. When apprised of his occupation, Harris said, “If I had known, that would certainly have raised all kinds of questions, wouldn’t it?”

Questions asked & answered

During a telephone interview, BCSO Lt. Allen Tucker had no idea why commissioners were not informed that Albert S. Saenz owned a bail bond business in Bandera County. “Now that, I don’t know.”

Tucker also said the rescue boat was sometimes kept at Sheriff Tucker’s home and “sometimes at mine.” Both law enforcement officers live in Tarpley. When asked why the boat was not kept in a location more accessible to the lake, he noted, “We don’t own property at the lake to keep it there.” However, Bandera County owns park property at the end of Park Road 37 in Lakehills, which includes boat launches.

According to Allen Tucker, the BCSO rescue boat has not been equipped with any gear to assist with water rescue operations. “It’s just a boat,” he said. “We haven’t put anything into it.”

He also said that in the two years since Saenz donated the craft, it has not been used for any water rescue operations in Bandera County. “Thank goodness, we haven’t had a drowning,” Tucker said. He also confirmed that the boat has not assisted any law enforcement agency out of Bandera County.

“We have three to five deputies who have their marine certification,” he said, but was unable to recall when the last training for deputies had been held.

Tucker said he was unaware that a firefighter had to use his personal watercraft to rescue a family adrift on Medina Lake after their boat’s engine had stopped. “That’s the first I’ve heard of it,” he said.

Tucker also asked, “Is Mr. Saenz in some kind of trouble?” After being told Saenz is under criminal investigation in Bexar County, Tucker replied, “I didn’t know that.”

Answers redux

On Tuesday, May 5, Tucker called the Courier to correct statements he had made the previous day.

“There’s been all kinds of rumors flying,” he said. “You know how it is. I was talking to Chief (Don) Berger about the boat and he reminded me it had been used in one water rescue situation.”
Tucker said he and Berger had attempted to use the watercraft to retrieve the body of a drowning victim “a couple of years ago.”
According to Tucker, due to low lake water, it had been impossible to launch the BCSO rescue craft. “The game wardens finally got the body,” he recalled.

“I’ve told Sheriff Tucker I’m tired of messing with that boat and we need to get rid of it,” Tucker said. “It was supposed to be used to assist game wardens, but we don’t have the manpower or the finances to do it.” He added, “It’s better for us to use people’s private boats.”

Last August, the Courier had reported that a Kerrville man had drowned in Medina Lake, but the article did not mention unsuccessful attempts by BCSO law enforcement officers to use the boat in efforts to retrieve the body.

Elected officials accepting gifts and donations can make for a potentially awkward situation. A full explanation of the ramifications can be found in Chapter 36 of the Texas Penal Code that deals with bribery and corrupt influences.