Del Rio man arrested after foot chase, evading charge enhanced

A routine motorcycle stop on East Gutierrez Street escalated into a short foot chase May 23 and ended with Rene S. Garcia facing an enhanced felony charge after police said he ran from an officer who tried to detain him.

The Del Rio Police Department said the stop began at about 9:34 a.m. when an officer saw a motorcycle being operated without a license plate. The driver was identified as Garcia, 31, and police said the officer already knew he had an active felony warrant out of the Val Verde County Sheriff’s Office for possession of a controlled substance, Penalty Group 1/1-B, in an amount between 1 gram and less than 4 grams.

Police said Garcia pulled over in the 300 block of East Gutierrez Street but did not comply when the officer approached. Instead, he walked toward a nearby residence, ignored repeated commands to stop and then ran eastbound. The officer chased him on foot and deployed a TASER during the pursuit, but police said the device did not stop him. Garcia was detained near the intersection of Gutierrez Street and Contreras Street without further incident.

After he was processed at the Del Rio Police Department, a computerized criminal history check showed Garcia had a prior conviction for evading arrest or detention. That prior case mattered. Under Texas Penal Code Section 38.04, evading arrest or detention is usually a Class A misdemeanor, but a previous conviction under the same statute elevates the offense to a state jail felony. Police said that is why Garcia’s current charge was enhanced to evading arrest or detention with a previous conviction.

The warrant Garcia was already wanted on also carried serious weight. Under Texas Health and Safety Code Section 481.115, possession of a Penalty Group 1 or 1-B controlled substance in the 1-gram-to-less-than-4-gram range is generally a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000.

Garcia was later transferred to the GEO-run Val Verde County Detention Facility at 253 FM 2523 Hamilton Lane in Del Rio pending magistration. GEO says the facility was selected in 1998 to design, build, finance and manage the jail, which lists a capacity of 1,407 beds and houses county and federal detainees under contract, including for the U.S. Marshals Service. The case shows how quickly a traffic stop can turn into a felony arrest when a suspect has outstanding warrants and chooses to run.