SAN ANTONIO – A state district judge on Friday denied a motion to remove Bexar County District Attorney Joe Gonzales from prosecuting the sons of Michelle Barrientes Vela, stating past comments from the DA did not rise to the level of due process violations.
The denial of the motion, heard in the same courtroom where Barrientes Vela was convicted in 2022 of felony tampering with records, sets the stage for her sons, Carlos, Anthony and Michael Barrientes Vela, to go to trial for felony assault of a peace officer.
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Michelle Barrientes Vela’s convictions were reversed by an appeals court last fall, and the ex-Precinct 2 constable was formally acquitted earlier this year after the state’s highest criminal appeals court declined to review the case.
‘He was having an emotional reaction’
Friday’s hearing focused on the January 2023 sentencing of Michelle Barrientes Vela.
During those proceedings, as a judge announced the punishment for the former constable, two of Michelle Barrientes Vela’s sons loudly interrupted the judge and got out of their seats in the gallery.
One son yelled “f--- the DA,” before being removed from the courtroom.
Jason Goss, one of Michelle Barrientes Vela’s attorneys, said shortly after the interruption, he was summoned to a hallway behind the courtroom.
Goss testified Friday that Gonzales, in front of a group of prosecutors and investigators from the DA’s office, appeared visibly shaken and said the outburst had been a threat.
“He was having an emotional reaction,” said Goss, who added that Gonzales told him to pass along a message to Michelle Barrientes Vela.
“‘I want you to go in and I want you to tell your client that if anything happens to my family, if anything happens to me, I’m holding her personally responsible,‘” Goss testified while quoting what he remembered the DA telling him.
Goss told the court he responded to Gonzales that it would be unfair to punish Michelle Barrientes Vela for the actions of her children, but that he passed along the message because he felt his client should know what was said.
Oscar Salinas, one of the prosecutors in Michelle Barrientes Vela’s criminal case, confirmed Goss’ testimony.
“He seemed shook,” said Salinas, when asked about his boss’s demeanor in the hallway. “‘If they hurt my family, or me, or come to my house and shoot it up in a drive-by, I’m going to hold your client personally responsible for what happened,‘” said Salinas, recalling what he heard Gonzales tell Goss.
The DA, when called to the witness stand Friday, said he did not recall mentioning bullets or a drive-by shooting, but conceded that he had made the comment about holding the former constable responsible.
“‘I’m going to hold someone responsible’ and I may have even said her, but again, I conditioned that on if anything happens,” Gonzales said.
All three men testified Friday that the sons mistakenly believed their mother had been sentenced to prison, as the outburst occurred before the judge said the prison sentence would be set aside as long as the former constable abided by the conditions of her probation.
Judge Benjamin Robertson denied Friday’s motion, stating that even though “unsavory conduct” had occurred, the comments from the DA were not a specific violation of the defendants’ due process rights.
‘Vela boys’ likely headed to trial
Carlos Barrientes Vela, 30; Anthony Barrientes Vela, 26; and Michael Barrientes Vela, 22, who were repeatedly referred to in court Friday as the “Vela boys,” are accused of assaulting San Antonio police officers who responded to a call for a paramedic in trouble at an auto dealership on Bandera Road last April.
Paramedics were first called to the property for a report of a female being nonresponsive, San Antonio police said last year.
Once on scene, SAPD said a paramedic requested officers come to the property after bystanders “started to get violent.”
The paramedic told police Michael Barrientes Vela attempted to get into the ambulance as the female was being loaded into it, an SAPD incident report states.
After the paramedic requested that the officer keep Michael Barrientes Vela from entering the ambulance, Michael Barrientes Vela pushed the officer and charged toward him to fight him, according to SAPD.
Anthony Barrientes Vela then jumped onto the officer and struck him on his back, the report states.
After another SAPD officer removed Anthony Barrientes Vela from the first officer’s back, Anthony Barrientes Vela and the first officer began to wrestle on the ground, according to police.
Carlos Barrientes Vela then jumped on the back of a third police officer, put his arms around the officer’s neck, and began squeezing, causing the officer to be unable to breathe and affecting his vision, the report states.
The second officer eventually deployed his stun gun on Michael Barrientes Vela, SAPD said.
Carlos Barrientes Vela then let go of the third officer’s neck, and officers were able to take all three men into custody, according to police.
While the men were then being searched, officers found a handgun in the front pocket of Anthony Barrientes Vela’s pants, the report states.
The second officer was eventually taken to a hospital for a possible dislocated shoulder, police previously said.
All three men were booked on charges of assault of a peace officer, interfering with duties of a public servant, and resisting arrest.
Anthony Barrientes Vela was booked on an additional charge of unlawful carry of a weapon, court records show.
Prosecutors rejected the resisting arrest charge against all three men. The unlawful carry charge against Anthony Barrientes Vela was also rejected, court records show.
The trio was indicted in September for assault of a peace officer, a second-degree felony.
The misdemeanor interference charge was dismissed, and will be used instead of evidence in the felony assault case for each defendant, court records show.
Robertson revealed in court Friday that a plea deal has been offered in the case.
Due to the seriousness of the felony charge, however, the attorney for the three men will likely have to take the case to trial if he hopes to avoid keeping the men from serving time in prison, if they are found guilty.
No trial date has been set in the case.
Read more reporting on the KSAT Investigates page.
