Del Rio veteran forced to self-represent himself raises concerns over court records and case handling

DEL RIO, TX – Benjamin Lopez, a veteran, said he is facing a criminal case in Del Rio and was forced into self-representation after signing a waiver of counsel indicating he did not voluntarily choose to represent himself. The document was accepted and signed by Judge Roland Andrade of the 63rd District Court.

Lopez sat down with Dr. Candice Matthews to discuss the case and the concerns he raised regarding court proceedings and documentation.

According to Lopez, discrepancies exist between reports tied to the case. He said a police supplemental report described five commercial batteries, while an arresting officer’s probable cause affidavit listed six. Lopez identified the affidavit as being completed by an officer he named as Hernandez and stated the document referenced two males at the scene, which he disputed. He also said the affidavit referenced a lock being cut, which he stated was never recovered.

Lopez also pointed to a statement in the probable cause affidavit that reads, “I then asked what y’all were doing (since there were two males involved),” and said the officer never saw two males.

Lopez said Suzanne West, the district attorney, did not notice that the battery counts listed in the supplemental report did not match those in the probable cause affidavit.

Lopez said the indictment in the case listed five batteries, while a photo presented in court allegedly showed six. He stated that a guilty verdict was returned in December.

He also raised concerns about representation, stating that David Ortiz was assigned to his case and that Paul Chambers handled proceedings on the first day of trial but did not address what Lopez described as inconsistencies.

Lopez also referenced James McDermott, stating that the public defender system involved in his case operates under his leadership.

He further stated that Michael J. Bagley was appointed to represent him for a hearing and said Bagley previously served as a district attorney. During the interview, Lopez questioned that appointment, asking what the role of a former district attorney would be in representing him and stating, “what’s your passion, to put away people.”

Lopez said Gregory Torres served as second chair to Bagley during a competency hearing.

Lopez further stated that an order of the defendant’s motion was signed on November 17 by Judge Andrade, but said he was not informed at the time. He said text messages support his claim that he was unaware of the signing. He also stated he was given approximately four hours to review documents before proceeding in court.

Lopez said he has undergone evaluations by two doctors who found him competent. He stated he intends to raise concerns related to cognitive overload and emotional factors as part of ongoing proceedings.

Dr. Matthews stated she plans to file a judicial complaint regarding the case and said she intends to review additional cases connected to those involved.

This is a developing matter and more information will be released as it becomes available.