Brother of Laredo's Mayor Guilty of Practicing Medicine Without a License

Laredo, TX, Morning Times ^ | 06-19-2004 | Almada, Laurel

[Theodore R.]

Mayor's brother guilty of practicing medicine without a license

BY LAUREL ALMADA Times staff writer

A Laredo man charged with practicing medicine without a license pleaded no contest to the charge Thursday in County Court at Law Number Two in exchange for a $1,500 fine.

The man identified by numerous attorneys as Mayor Betty Flores' brother, Efrain Garcia, 52, entered into the plea agreement within the confines of presiding Judge Jesus Garza's chambers.

He was alleged to have practiced medicine without a license, a class "A" misdemeanor offense, on Sept. 22, 2001.

Although Garcia was scheduled for arraignment Thursday, he opted to accept the agreement arranged by Assistant District Attorney Jesus Guillen and his attorney, Monica Notzon.

Assistant District Attorney Stephen Foster, who represented the state Thursday, said the misdemeanor case actually stems from a case first indicted in June 2002 in the 49th District Court.

Garcia was initially charged with one count of sexual assault involving a child under the age of 17.

Guillen, who was prosecuting the case in the 49th District Court, explained Thursday that the second-degree felony charge was subsequently reduced to a misdemeanor based on the circumstances of the case.

He said the alleged victim in the case claimed that Garcia sexually assaulted her while conducting EKG tests at an apartment complex.

Guillen said Garcia was reportedly giving out free tests to a group of women, but only one of the participants complained of inappropriate contact.

None of the other women shared similar complaints and the original victim "backed out" and refused to participate in the prosecution of the case, he said.

Guillen modified his explanation Friday, explaining that while one other woman alleged that Garcia touched her inappropriately, the allegation was not "at the same level" as the allegation raised by the alleged victim of sexual assault.

He added that the second woman also refused to file a report with the police department.

The police department's investigation included statements from two women who reported that Garcia either offered to conduct or conducted breast exams during the course of the EKG test.

Guillen said the sexual assault case was reduced to practicing medicine without a license because Garcia, who was allegedly a paramedic, did not have a proper license to conduct the exams.

He said the case was handed down to him by former Assistant District Attorney Raul Martinez, who indicated in his file that practicing medicine without a license was "on the table" in plea negotiations.

"I'm comfortable with the plea," he said, but appeared confused when he learned that Garcia's only punishment in the case was the $1,500 fine.

Guillen referred questions regarding the lack of probationary time to the attorney who was handling the case.

He was then reminded that the attorney handling the case, Foster, previously said he was merely following through with the plea agreement Guillen had already arranged with Notzon.

Guillen said in a case of this nature, a defendant would usually receive a two-year probationary sentence and a $100 or $200 fine, but in this case the fine amount was larger.

A probation department official confirmed that the defendant already paid the $1,500 fine in money orders.

As to the issue of Garcia's plea being heard in chambers as opposed to open court, there is apparently no law against it.

District Judge Manuel Flores said that while there is no "legal impediment" to conducting a plea in a judge's chambers, the judicial canons state that a judge is not to do "anything that gives the appearance of impropriety."

[Graybeard58]

That's all it costs to practice medicine without a license? I think I'll set up a medical practice. Wonder if I'd have to get malpractice insurance though? Might not be worthwhile if I did.