Murder Suspect Says His Constitutional Rights Were Violated in Jail


POSTED: Wednesday, February 9, 2011 - 10:16am

UPDATED: Wednesday, February 9, 2011 - 10:34pm

He claims to have spinal injury. He’s been asking the Cameron County jail for medication for the last two years but he's been denied. 27-year-old Randal Bolivar wants medication for a spinal injury he claims to have. But according to his attorney, Trey Garza, the county jail has deprived him from his constitutional rights.

"He has a doctor that has prescribed medication to him. They’ve denied it to him, repeatedly. So much so that his confinement at this point is unconstitutionally painful and it's cruel and unusual."

Bolivar’s defense filed a habeas corpus proceeding, requesting the release of Bolivar because the defendant's constitutional rights were allegedly violated. According to the defense, they had several witnesses ready to testify in Bolivar’s situation and had plenty of evidence to show the court but District Court Judge, Benjamin Euresti Jr., denied the defense's request.

"First of all, the judge didn't even want to hear it. The judge said even if I granted your writ of habeas corpus, he wouldn't be out of jail because he's got other cases pending in Kingsville and Tennessee. So even if I let him out of jail, he wouldn't let him out of jail so he's conditions of confinement are irrelevant, which has Mr. Bolivar’s family very upset at this point, very upset. They feel that he's been held, treated unfairly. He’s been held in a position, he's been held in pain, basically."

Bolivar was arrested two years ago for the death of Aaron Castillo. Bolivar was arrested after leading police on a car and foot chase on the expressway. According to police records, Bolivar and another man shot the 30-year-old after a dispute over money. Castillo was gunned down outside his home in the Las Prietas neighborhood.

Garza says his client is a war veteran and has a spinal injury. Details of that injury couldn't be disclosed but he does tell us the 27-year-old is in tremendous pain and needs that medication. Bolivar has asked for meds for about two years and the county will not provide them. According to Garza, the county has told them the type of medication the inmate is requesting is a narcotic that is prohibited in the jail system. The jail has not offered an alternative.

"The Cameron county jail can be considered a house of horrors if they're going to be keeping people in these conditions."

As of now, Bolivar will remain in county jail without the medication he allegedly needs.

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He could always by a tylenol from the commissary for $9.99 per pill.

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