Lawsuit looms over Laguna Vista

By AYLEEN CANIZALES
editor@portisabelsouthpadre.com

Mack Daniel Bryant, a local businessman, has filed a lawsuit against the City of Laguna Vista (LV) and various named individuals, alleging misuse of influence and malicious prosecution.

On May 23, 2024, Cause No. 2022-DCL-0032 counter petition was filed in the Cameron County District Court in the 357th Judicial District of Texas. The filing lists defendants Bryant, LV local, as well as plaintiffs Bettina Tolin, City Commissioner Place 3 of LV, Anthony (Tony) David, Chief of Police at LV, Oscar Del Abra, city employee at Port Isabel and the City of LV. Bryant alleges that the named parties engaged in malicious prosecution, claiming they filed a lawsuit against him without grounds or probable cause for an improper purpose. The filing provided additional context supporting the malicious prosecution claim, beginning with a petition from Tolin.

On Sept. 26, 2022, Tolin filed a first amended original petition Cause No. 2022-DCL-00322 against Bryant and Sherman Lee for defamation, negligence, emotional distress, invasion of privacy and conspiracy. The filing stated that Tolin and Bryant were in a relationship that ended in the summer of 2021, allegedly. Tolin claimed in the filing that Bryant continued repeated attempts at reconciliation and thus “feared for her safety” when requesting Chief of Police David as an escort when working late at Marcelo’s Management Co., Inc. Allegedly, due to the “agitated state” Bryant was in when realizing they were inside with the doors locked, David called Sergeant Steve Reyes as backup. Post-incident, the filing alleges that Bryant spread false rumors about Tolin and David to “individuals,” including defendant Lee. The filing further claimed that on Dec. 7, 2021, Tolin was alerted by Point Isabel Independent School District (PIISD) Chief of Police Roberto Rodriguez that an individual placed a colored photograph of Tolin engaged with another man, later identified as Abra, in a swimming pool. Tolin later claimed the same photograph was also found in her mailbox. Tolin alleged that Bryant was responsible, and allegedly, his intentions were to ruin her professional, personal and political reputation.

On Dec. 10, 2021, Bryant was arrested and charged with three counts related to his publishing of the photographs, according to the first amended original petition filing. Bryant was charged with two counts of the state jail felony offense of unlawful disclosure or promotion of intimate visual material and one count of the misdemeanor offense of harassment. Post-release from custody, Bryant was arrested for additional counts of the state jail felony offense, totaling 11 felony charges.

On Apr. 3, 2024, the trial for State of Texas v. Mack Daniel Bryant Cause No. 2022-DCR-1456 in the District Court 404th Judicial District, Cameron County, occurred, presided over by Judge Manuel Banales. According to the court transcripts, provided to the PRESS by Bryant’s attorney, Louis Sorola, the court cross-examined witnesses Tolin, Abra, David, Rodriguez and Ricky Gonzalez, Police Commander of LV. When questioning Tolin, she stated under-oath that the encounter in the pool between her and Abra was allegedly set up by Bryant and was the only encounter between the two of them. Abra corroborated this statement and said that it was the only time it occurred, and he had no awareness of it being set up by Bryant.

However, after further examination of witnesses for Apr. 3, on Apr. 4, 2024, according to the court transcripts, evidence surfaced of an audio recording between Tolin and Abra that disproved their under-oath statements that their sexual encounter in the pool was the only time. The audio evidence played in court depicts the two engaging sexually in a garage, leading to the State motioning to dismiss the indictment.

Judge Banales granted the motion based on the aggravated perjured testimony by Tolin and Abra. According to the Texas Penal Code, aggravated perjury occurs when a person commits perjury, and the false statement is material or could have affected the case outcome. If a civil or criminal complaint is filed, allegedly knowing no crime was committed, a malicious prosecution claim can be pursued, thus leading to the May 23, 2024, counter petition.

The counter petition continued to detail the incident on Nov. 9, 2021, from Bryant’s perspective, where Bryant, allegedly delivering food to Tolin (whom he claims was his girlfriend at the time), visited her workplace at Marcelo’s Management Co., Inc. He claimed to have noticed the building was dark except for Tolin’s office and found the entrance locked. Allegedly, Bryant saw two individuals inside the office getting dressed in a hurry. According to Bryant, seeing the vehicles belonging to Tolin and Chief of Police David in the parking lot led to his conclusion that they were the two individuals inside. Shortly thereafter, he heard approaching sirens.

Bryant claimed he was confronted by Sergeant Reyes, who requested identification after deeming Bryant suspicious. Bryant, unable to find his wallet, provided a passport and an old driver’s license from his bank bag; within the bag were also a checkbook, a vaccine card and cash. After examining his identification, Reyes allegedly told Bryant to leave or face arrest. Bryant claims he refused as “he was doing nothing wrong,” leading to an alleged back and forth where Reyes and another officer, who, as stated in the filing, was merely following Reyes’ orders, handcuffed him. According to Bryant, when Tolin and David left the premises, Reyes uncuffed Bryant without issuing a ticket or making an official arrest.

Post-incident, Bryant alleged his passport and $3,000 in cash were missing from his vehicle. He claimed they were taken while he was detained without probable cause, thus reporting the alleged theft. The filing also accused Chief of Police David of erasing video footage from the office building to destroy evidence, a spoliation act, as well as calling the officers to the office to have Bryant unlawfully arrested. Bryant seeks sanctions and a spoliation jury instruction against the plaintiffs.

The filing highlighted the indictment dismissal by Judge Banales due to aggravated perjury and argues that at the time of dismissal, jeopardy had attached, officially recognizing Bryant’s risk according to the Fifth Amendment. The lawsuit continues to highlight the alleged malicious prosecution that the plaintiffs conducted against Bryant, alleging they leveraged their personal, professional and political influence to ensure his prosecution. Bryant’s attorney, Solora, also motioned for a return of property for the $3,000 and passport that were allegedly taken when Bryant was detained and did not receive formal charges. The motion also calls for the return of Bryant’s iPad and iPhone, which were seized during investigations for State of Texas v. Daniel Bryant. It states that now that the case has been dismissed, formal requests for Bryant’s property have been denied by the LV Police Department for “no valid reason.”

Solora confirmed with the PRESS that they will be moving forward with this case and will have a hearing in August. The PRESS attempted to reach out to the plaintiffs but did not receive a comment. Chief of Police David answered the PRESS and asserted that he did not want to “comment on silliness” and referred the PRESS to city manager of LV Rendie Gonzales. As of printing day, Jul. 18, 2024, the PRESS has yet to receive a comment.

All defendants and plaintiffs are considered innocent until proven guilty in a court of law.