Gonzalez, Eloy Diaz AKA Diaz, Eloy Gonzalez

Chairman: Rissie Owens Board Members: Juanita Gonzalez David Gutierrez James LaFavers Federico Rangel Michelle Skyrme Cynthia Tauss State of Texas Board of Pardons and Paroles March 2,2015 Mr. Eloy Diaz Gonzalez TDCJ-CID #1652026 Ramsey Unit 1100FM655 Rosharon, Texas 77583 Re: Full Pardon Dear Mr. Gonzalez: The Board of Pardons and Paroles, Clemency Section is in receipt of the submitted application for Full Pardon. Please be advised that, based upon board rule 143,6, you are ineligible, for Full.Pardon consideration. Sincerely, Texas Board of Pardons and Paroles Encl: Board Rules FP 17 (staff reports) . RECEIVED IN COURT OF CRIMINAL APfC/.i: APR 17 tm AbelAcosia,ui@m CLEMENCY SECTION 8610 Shoal Creek Blvd., Austin, Texas, 78757 Phone: (512)406-5852 Fax: (512)467-0945 Internet: bpp_clemency@tdcj.texas.gov TEXAS BOARD OF PARDONS AND PAROLES RULES Chapter 143. EXECUTIVE CLEMENCY Subchapter A. FULL PARDON AND RESTORATION OF RIGHTS OF CITIZENSHIP §143.1. Authority To Grant Pardons Except in cases of treason or impeachment, after conviction, or successful completion of a term of deferred adjudication community supervision, the governor may grant a full pardon upon the recommendation and advice of a majority of the board as authorized by the Texas Constitution, Article IV, §11; and Texas Code of Criminal Procedure, Articles 48.01 and 48.03. §143.2. Pardons for Innocence (a) On the grounds of innocence of the offense for which convicted or successfully completed a term of deferred adjudication community supervision, the board will consider applications for recommendation to the governor for a pardon for innocence upon receipt of: (1) a written recommendation of at least two of the current trial officials of the sentencing court, with one trial official submitting documentary evidence of actual innocence; or (2) a certified order or judgment of a court having jurisdiction accompanied by a certified copy of the findings of fact and conclusions of law where the court recommends that the Court of Criminal Appeals grant state habeas relief on the grounds of actual innocence. (b) Evidence submitted under subsection (a)(1) of this section shall include the results and analysis of pre-trial and post-trial DNA tests or other forensic tests, if any, and may also include affidavits of witnesses upon which the recommendation of actual innocence is based. §143.3. Twelve Months on Parole When any offender has served 12 months on parole for an offense committed on or beforeAugust 28, 1977,in a manner acceptableto the board, upon request, the board may review the offender's record upon application therefore and make a determination whether to recommend to the governor that the offender be pardoned and finally discharged from the sentence under which he is serving. §143.4. Parolee Discharging Sentence Whenever any offender who has been paroled for an offense committed on or before August 28, 1977, has complied with the rules and conditionsgoverninghis parole until the end of the term to which he/she was sentenced, and withouta revocation of his parole, the board may report such fact to the governor prior to the issuance of the final order of discharge. The board may, at this time, recommend to the governor a full pardon as authorized by the Texas Constitution, Article IV, §11 and Texas Government Code, Section 508.119. §143.5. Discharged Prisoner CLEMENCY SECTION 8610 Shoal Creek Blvd., Austin, Texas, 78757 Phone: (512)406-5852 Fax: (512)467-0945 Internet: bpp_clemency@tdcj.texas.gov Upon request from a person who has discharged a felony sentence or successfully completed a term of deferred adjudication community supervision, the board will consider recommending a full pardon. Applicant's name, TDCJ-CID or SID number, county of conviction, offense, and length of sentence shall be furnished for identification. §143.6. Inmate in Texas Department of Criminal Justice-Institutional Division A full pardon will not be considered for an offender while in TDCJ-CID. except when exceptional circumstances exist. The burden of showing such exceptional circumstances rests upon the applicant. §143.7. Prior Out-of-State or Federal Convictions Where there exists one or more convictions or successful completion of a punishment similar to a term of deferred adjudication community supervision for offenses of felony grade, in other states or in federal court, prior to the last Texas conviction, the board will consider recommending a pardon only if the applicant: (1) provides a clearance by full pardon from the jurisdiction(s) of the previous conviction(s); or (2) furnishes proof in writing that the other jurisdiction(s) will not act until a full pardon is granted by the Governor of Texas. "* §143.8. Suspended Sentence, Felony Conviction Upon a written application from the applicant or person acting on their behalf, the board will consider recommending full pardon for a suspended sentence. Applicant's name, SID number, the county of conviction, offense, and sentence shall be furnished when the request is made. §143.9. Sentence of Probation, Felony Conviction The board will consider recommending a full pardon for a sentence of probation only upon a showing of receipt of maximum relief available through the court of conviction, and then, only in an extreme or unusual circumstance which prevents the applicant from gaining a livelihood or in the event of loss of civil rights. The burden of showing such extreme or unusual circumstances rests upon the applicant. §143.10. Misdemeanor The board will consider recommending a full pardon in misdemeanor cases only when exceptional, extreme, and unusual circumstances exist. The burden of showing such exceptional, extreme, and unusual circumstances rests upon the applicant. §143.11. Request of Governor The board shall consider a recommendation for a full pardon or request for restoration of firearm rights in any case upon the request of the governor as authorized by the Texas Government, Section 508.050. §143.12. Restoration of Firearm Rights (a) The board will consider recommending restoration of the right to receive, possess, bear, and transport in commerce a firearm only in extreme and unusual circumstances which prevent the applicant from gaining a livelihood, and only if the applicant: (1) provides either proof of clearance by a previously granted full pardon or a request for such express restoration in a pending application for a full pardon from jurisdiction(s) of the relevant conviction(s) or successful completion of a punishment similar to a term of deferred adjudication community supervision; and (2) provides proof of application under the United States Code, Title 18, §925(c), for exemption, relief from disabilities to the Director of Alcohol, Tobacco Firearms and Explosives, and furnishes copies of all relevant applications and responses thereto by the Director of Alcohol, Tobacco, Firearms and Explosives including any final actions by said Director of Alcohol. Tobacco Firearms and Explosives. (b) The burden of showing such extreme and unusual circumstance rests upon the applicant. CLEMENCY SECTION 8610 Shoal Creek Blvd., Austin, Texas, 78757 Phone: (512) 406-5852 Fax: (512) 467-0945 Internet: bpp_clemency@tdcj.texas.gov §143.13. Posthumous Pardon Upon request from a person acting on behalf of a deceased person who was convicted of a felony offense, the board will consider recommending a full pardon for the deceased person. §143.14. Consideration of Request or Application (a) The board will consider a written request or application for executive clemency submitted pursuant to Subchapter A of this chapter (relating to Full Pardon and Restoration of Rights of Citizenship). (b) When an application for executive clemency is denied by the governor or not recommended by the board, a person may submit a subsequent written application for executive clemency on or after the second anniversary of the denial. CLEMENCY SECTION 8610 Shoal Creek Blvd., Austin, Texas, 78757 Phone: (512)406-5852 Fax: (512)467-0945 Internet: bpp_clemency@tdcj.texas.gov PARDON FOR INNOCENCE CHECKLIST Before submitting your application, please ensure that you have complied with all application instructions and have reviewed the checklist informationprovided on this page. Incomplete applications will not beforwarded to the Texas Board ofPardons and Parolesfor voting consideration. Eligibility Did you review your eligibility for pardon for innocence consideration by reviewing board rules governing pardon for innocence? Completing the Pardon For Innocence Application Form Did you complete the application form as instructed? Review to ensure that you have complied with all instructions, including the following: (1) Type or print legibly in black or blue ink; (2) Do not alter the presentation of the application by reformatting or rewriting the form, and do not bind or staple the application; (3) Respond to all items, if necessary using "N/A, "Unknown," "None," or "Do not remember;" (4) For each adult conviction for which you are requesting a pardon for innocence, complete application pages titled "Criminal History Information" and "Subject's Version" as instructed, with a complete and detailed Subject's Version of Offense with location, offense date, law enforcement agency involved, events leading up to the offense and your extent of involvement in the case; (5) Sign with your full name the application form with a date of signature. Certified Court Documentation Did you provide appropriate certified court documentation (indictment/complaint/information, judgment & sentence) or clerk statement (fine/restitution paid) for all convictions for which you are requesting a commutation of sentence. Refer to application instruction Page 2 of 2, Procedures for Obtaining Court Documentation, for detailed instructions. Offense/Arrest Reports Did you provide offense reports for all convictions for which you are requesting a pardon for innocence from the appropriate law enforcement agency? For example, if you were arrested by the Austin Police Department, you must request offense reports from that agency. If you were arrested by the Travis County Sheriff's Department, you must contact that agency. If you are unsure of the arresting agency, you may access public record information pertaining to criminal convictions and deferred adjudications by accessing the Texas Department of Public Safety (DPS) Crime Records Service website http://records.txdps.state.tx.us/; or you may contact DPS to request assistance in acquiring criminal history information. PFI-10 (Rev 01/11/2010) Page 1 of 2 PFI-10 (Rev 01/11/2010) Date: 7- 3 - 2.Q /£" (Last Name, First and Middle Name) Co^^a/b* £»az Glofr SUBJECT'S VERSION On this "Subject's Version" page you are providing additional information - your version Of events - about the offense that you listed on the preceding "Criminal History Information" page. Describe in your own words the factual circumstances of the offense. Responses such as "N/A," "Unknown," or "None" are not acceptable for this section ofthe application. Ifyou do not remember anyofthe details about this offense youmay provide a statement to thateffect. Criminal Offense: JaJI)8C€/JC-^ iv/C/-///& CoWMcj- List the offense asitappears inthe court documentation. The offense should Match the wording on the corresponding Criminal History Hi Information page. Location: C'&ff/t* CoVtffy Mc£lUL ~7- '• " >*>j>— A *•> A\ 2. Offense date(s): Law enforcement agency involved: %'lia fJf.pa/dAiuM" r/fiVP -f/Mfo State in detail events leading up to the offense and the extent of your involvement in this case: Complete this page before attaching any additional page(s). Place any attachments immediately behind this page. Court Documentation & Offense Reports Place all court documents and offense/arrest reports for this offense after your Subject's Version page(s). Refer to application instruction Page 2 of 2, Procedures for Obtaining Court Documentation, for information on documents to provide with the application. PROCEDURES FOR OBTAINING COURT DOCUMENTATION All court documents must be CERTIFIED, whether they originate from the office of the District, County, or Municipal Clerk. Acquire the proper documentation, accordingly: IF convicted and the judgment, included a court ordered fine and or restitution, furnish a statement from the appropriate clerk confirming the amount paid. IF convicted and the sentence is probated or deferred, furnish the Complaint/Indictment or Information, Judgment, Sentence and Dismissal. IF convicted of a misdemeanor resulting in a fine and/orjail time, furnish the Complaint, Judgment and Sentence. IF arrested and the charge was dropped or dismissed, furnish the charging papers and the Dismissal. If unobtainable, furnish a dismissal or "no formal chargemade" statement from the prosecuting attorney. IF arrested for out-of-state, federal or foreign offense(s) prior to the last Texas conviction, furnish court documentation. If convicted, provide clearance by Pardon For Innocence from the jurisdiction or show by official source, preferably the court of conviction, that no civil rights were lost. IF convicted of a felony probation and revoked to the Texas Department of Criminal Justice - Correctional Institutions Division (TDCJ-CID), furnish the Indictment, Judgment and Sentence granting probation and the revocation document(s), and a copy of the TDCJ discharge certificate. IF convicted of a felony, sentenced to'TDCJ-CID and currently on parole or mandatory supervision or on annual report status, or have discharged the sentence, furnish the Indictment, Judgment, Sentence and a copy of the TDCJ discharge certificate. Contact the following office(s) to obtain the appropriate certificate: TDCJ-CID RECORDS OFFICE P. O. BOX 99 HUNTSVILLE, TEXAS 77342 or TDCJ PAROLE SUPERVISION 8610 SHOAL CREEK BLVD. AUSTIN, TEXAS 78758 PROCEDURES FOR OBTAINING ARREST/OFFENSE REPORTS For each criminal offense, acquire from the appropriate law enforcement arresting agency copies of the arrest/offense reports. These copies of reports do not have to be certified. For offenses involving drugs, please provide copies of laboratory reports. PFI-10 (Rev 01/11/2010) Page 2 of 2 PFI-10 (Rev 01/11/2010) Date: f - 3 ~ 2Q'& Page 1 of 6 (Last Name, First and Middle Name) APPLICATION FOR PARDON FOR INNOCENCE TO THE TEXAS BOARD OF PARDONS & PAROLES TO THE BOARD OF PARDONS AND PAROLES OF TEXAS: I hereby request the Board of Pardons and Paroles or its designated agent to fde this application for Clemency, to investigate the statements herein made under oath and, if the facts so justify, make a favorable recommendation to the Governor of the State of Texas that a Pardon For Innocence, to which I may be entitled under the laws of the State of Texas, be granted. A. DEMOGRAPHIC INFORMATION Last Name First Name Full Middle Name • Jr. •m Current full name • sr. Qrv Name(s) convicted under &5,i(*el/£Z. Z)/£*£ ..<2p/' Race and sex Race /hjrvj Gu OA: Sex Ma/?_ Date and place of birth Date ofbirth /?-£>/- / /£%*<> Mark "N/A" if not adjudicated in a Court. / ' Disposition/Sentence Date: <-~ '£ ~ c?0O£> Dale of scnlcncingor other form of court adjudication. Mark "N/A" if nol adjudicated in a Court Court Disposition/Sentence Ccxjlt JhpLsce JDyeaA SupsA61*3/on Cou/twtf, Examples of possible response; that you may modify to reflect your circumstance; 5 years TDCJ 2 years State Jail Felony 2 years probation 7yea£*f/Dk "fed A^Oi /——s f s f- Examples of possible responses that you may modify to reflect your circumstance; Jail sentence completed Stale Jail Felony sentence completed Currently incarcerated in a State Jail facility TDCJ-CID sentence completed Currently incarcerated in TDCJ-CID Currently on parole PFI-10 (Rev 01/11/2010) Date: 4r~3~-2.Q'5 Page 6of 6 (Last Name, First and Middle Name) F. CERTIFICATION BY APPLICANT Please readthefollowing statements carefully andindicate your understanding and acceptance bysigning in the spaceprovided This application mustbe signed. I hereby give my permission to the Board of Pardons and Paroles or its designated agent to make any inquiry and receive anyinformation of record that it may deem proper in the investigation of this application for clemency; and I understand that compliance withthese requirements is sufficient for the Board's consideration of this application, but compliance does not necessarily mean that favorable action will result. I hereby swear upon my oath that I am the subject herein named and the facts contained in this application are true and correct. Sty @«h Scu^/^ "ttev y£52&£ <&ppIicant's1Signature Applicant's Signature (Full Name) V- 3- 20/5 Date PFI-10 (Rev 01/11/2010) Date: 4° 3 -zo'G' Page 2 of 6 (Last Name, First and Middle Name) B. ADDRESSES Current Mailing Address Current Physical Address Provide information even ij the physical Indicate your current mailing address. .. and mailing addresses are the same. ficy/usey c//7rr CotHsey Otti/ Number and street Apartment Number andstreet ' Apartment City . State Zip Code City State Zip Code Home phone number [ JUQ ] /JCs • County of residence Work phone number [ /Jb ] /Lf & Years resided atphysical residence CJ^i-J^ Email Address ASO AS & Previous Addresses List all previous physical addresses since age 18. Do not use post office boxes. If you lived in an apartment complex, list your apartment number. All time periods must be accounted for. Include complete dates (months and years of residence), addresses, city, state and zip codes. Complete this page before attaching any additional page(s). Place attachments behind this page. From (month/year): Number and street Apartment •4- /6-200@ &4SA To (month/year): State Zip Code ""P/ah* -/x From(month/year): ^*f* Number and street Apartment id- J>5-&0 To (month/year): && State Zip Code From (month/year): Number and street Apartment DA To (month/year): City State Zip Code ASA ajA From (month/year): Number and street Apartment Ay A To (month/year): Slate Zip Code 4/4 a" jM PFI-10 (Rev 01/11/2010) Date: 9" 3~ <20& Page 3 of 6 (Last Name, First and Middle Name) T7 /.^ ^.v:/'v 7\Z C. EMPLOYMENT Please give a comprehensive adult (since age 18) employment history, beginning with your present employment and working backwards. Include employer's name, address, your job position working title, description ofjob duties, salary, dates employed, and reason for leaving. Complete this page before attaching any additional page(s). Place attachments behind this page. From (month/year): Employer name To (month/year): Employer address ^^^ Job position (working title) Description of your work duties Average monthly salary Reason for leaving -/^/'^ COC>£~? 2/? / X Mc/tt. V«^^'^'Z From (month/year): Employer name AJO /OO To (month/year): Employer address Job position (working title) Description of your work duties /JO Average monthly salary Reason for leaving From (month/year): Employer name AJO To (month/year): Employer address AJQ Job position (working title) Description of your work duties 4JD Average monthly salary Reason for leaving r6c PFI-10 (Rev 01/11/2010) Date: V' ? " Z&'S (Last Name, First and Middle Name) CRIMINAL HISTORY INFORMATION Provide information on all adult criminal offenses (list one offense per page) and the disposition of each arrest. For these purposes, adult is defined as all arrests committed when age 16 or older or when younger than age 16 but certified as an adult. All blanks must be completed for each criminal offense. Included in this application are two (2) blank "Criminal History Information" pages provided in the event that you have multiple arrests. Photocopy as many of these blank pages as needed to list additional offenses. Criminal Offense: T//£)£C£HCY V/CA/U& C^pQ^UfLC List the offense as it appears in the court documentation. Are you requesting a Pardon ForInnocence for this offense? Q\| Yes / | | No Only Texasfelony convictions are eligible for Pardon For Innocence consideration. Additional Information about the Criminal Offense County: 'CoJ/'U ' A/c£''ttH&f VX state: Y&XAS Cause Number: It/2/9* ?&2 &> ~09- //Cf Court Mark rt ofAdjudication. "N/A" if not adjudicated in a Court. 2/9- G>///U C&CtSTf ASc^/MUSy "/eXAS \ '" Disposition/Sentence Date: 2* /f- ZOOS Date of sentencing or other form of court adjudication. Mark "N/A" if not adjudicated in a Court. Court Disposition/Sentence: GdoA/'7(4pUC£. *i0 VStM SCjPeA&S*)!/ CbWOUt'// Examples of possible responses that vou may modify 10reflect your circumstance: 5 years TDCJ M poo^ Ooc/£^ £efo&*(Q 2 years Slate Jail Felony 2 years probation Fine orderedin the Sentence? CD Yes QNo If "Yes",indicate the amount: $_ Was the fine paid in full? • Yes • No Restitution ordered in the Sentence? d Yes CD No If "Yes", indicate the amount: $ y^ Was the restitution paid infull? O Yes O No •fy&t/L'S Final Disposition: Examples of possible responses that vou may modify to reflect your circumstance: Jail sentence completed State Jail Felony sentence completed Currently incarcerated in a State Jail facility TDCJ-CID sentence completed Currently incarceraied in TDCJ-CID Currently on parole - t, PFI-10 (Rev 01/11/2010) Date: ^"3 -.2&S& (Last Name, First and Middle Name) SUBJECT'S VERSION On this "Subject's Version" page you are providing additional information - your version ofevents - about the offense that you listed on the preceding "Criminal History Information" page. Describe in your own words the factual circumstances of the offense. Responses such as "N/A," "Unknown," or "None" are not acceptable for this section ofthe application. Ifyou do not remember any of thedetails about thisoffense youmayprovide a statement to thateffect. Criminal Offense: Jl*Oe/UCs/ US/C////:/) C^vVfr^O^g List the offense as it appears in the court documentation. The offinse shouldfiatch the wording on the corresponding Criminal History Information page. Location Offense date(s): OZZ/'o /s>F)Cl% ^ Law enforcement agency involved: fOlfC^ tZr'gprtA/Altffa 'l/AwD TA /j^llAS State in detaDevents leading up to the offense arid the extent of your involvement in this case: rrf /tie JZzAr/A a£&yf , Complete this page before attaching any additional page(s). Place any attachments immediately behind this page. Court Documentation & Offense Reports Place all court documents and offense/arrestreports for this offense after your Subject's Version page(s). Refer to application instruction Page 2 of 2, Procedures for Obtaining Court Documentation, for information on documents to provide with the application. PFI-10 (Rev 01/11/2010) Date: $k*t£* If"yes," list your (TDCJ-CID) identification number. *fX 7¥£%3 ID number: /652.C2. & [Yes D No Were you ever incarcerated in a Texas penal institution? Prior ID number: /65<&^& If "yes, "list all (TDCJ-CID) identification numbers. Prior ID number: • No XY Yes Are you currently serving a term of probation? County: £p /.//«* MckTiAMey If "yes ", identify thecounty of current residence, name andphonenumber of Name your probation officer. Number: ( ) A/A j^Yes • No Are you currently on parole,annualreport status, or serving a term of County: /.^jY** ^X myOf^S^Au%OASt Mtvy ^O Hood** /* lW# Name: If "yes ", identify thecounty ofcurrent residence, name andphonenumber of your parole officer. Number: ( ) fJfA Do you have any pending criminal charges?. • Yes Wno If "yes, "attach an explanation page. Place theattachment behindthispage. ^Yes • No Have you been incarcerated in a federal or non-Texas state institution? •^/QAjASiJioteai'Q&c/l'e JUg//'!/ ID Number: A'^^Z'r A/eyA*//** Q-PjUz offense Solssc/ZdZ* 6*SQ) ^ 4/tte S&ds* £'/<«// /uJuJe. 7%z _>g £>/#££ fe>A£KS/Q fes/s . /f guy oKcP ptl&y ctfso /i/a/^cDe. t- ^jeck. \&V ?z/oh;a ^ib^uos QfffoJeJtef S-Yj6C^ CZ& S^u7^uc:z. C&^ff&k GoiM/o/ejf AcicP Uxtt £'&,,' /K CaiejuU///i//' V- ka/ &&£xY /^a/Y %Adal/ AzkjtuJ 7- f&svJ dsyQGit 6oct< ££;/£> Caia/q/h* /*/3* gygoa&g Ye> G&CtH.' T^fAc/z^S, ^~T 1H C5aS£3 g/ */&£<3>Se>C O^ /^q&xtA 4 *r£?4rt -/ppi*/ &/*<&&&&£ (djcdtcpT/ix*. C&hiLuoHny So>/J&£ V/JsJan, fc& JfcH/SALHCXC HfGty yfLCtW <% ru/l /2Xtg£P0t>f