Andrea Espinosa & family sue Eliseo Barnhart, City, County, for damages in sexual misconduct case
Some things take on a life of their own after a certain period of time and the sexual misconduct accusations against former Willacy County Judge Eliseo "Cheyo" Barnhart seem to be one of those cases.
Judge Barnhart's political career was destroyed afer a young secretary, Andrea Sias Espinosa, accused him of forcing himself on her while demanding sex in his office after hours on February 3, 2006.
Barnhart was a justice of the peace at that time and subsequently was elected Willacy County Judge. He was never charged with any crime involving the alleged sexual encounter--which he claims was consential.
He was, however, charged with two counts of aggravated perjury for which he was convicted by a Kleberg County jury on a change of venue, in August, 2008.
The perjury charges resulted from conflicting statements he make to a Texas Ranger and to a Raymondville Police Investiga-tor.
The plaintiffs in the lawsuit filed in 197th State District Court on March 5, 2010 are Andrea Sias Espinosa, her husband, Rene Espinosa, her aunt, Gloria Garcia and her uncle, Richard Garcia.
In addition to Barnhart, the defendants are Willacy County, Chief of Police Uvaldo Zamora and the City of Raymondville.
The plaintiffs filed basically the same lawsuit in Federal District her Court in Brownsville in Cause No. B- 09-008 which was dismissed on February 4, 2010.
Espinosa claims in her lawsuit that she was working for Pct.1 Justice of the Peace Richard Solis in January, 2006 and after three weeks on the job, Justice of the Peace Eliseo "Cheyo" Barnhart insisted that she move over and help him with some paper work in the same office building.
On February 3, 2006 Mrs. Espinoza alleges that she left her purse in the office of Justice Barnhart and that she called him after being unable to contact Judge Solis. Espinosa says she told Barnhart that she needed to get her purse and that he agreed to meet him at the rear entrance to the building and unlock the door.
Mrs. Espinosa claims that Barnhart locked the door behind her and groped her, reaching inside her bra and squeezing her breast. She says she rejected him and pushed him away, saying, "Stop it, I am not like that."
When she tried to leave and found the back door locked, she says she feared that Barnhart was going to rape her and she demanded that he open the door. Judge Barnhart responded by pinning her against the wall and continued to molest her while making vulgar remarks. He tried to kiss her she says and he exposed himself to her.
Espinosa says Barnhart allowed her to leave only after she promised to return.
Following the alleged attack Espinosa says she tried to file a complaint with the Raymondville Police Dept. and that Detective David Robles took her statement on March 21, 2006.
Espinosa also claims that Barnhart approached her at Pittman Elementary School and offered her $7,000 as a bribe.
"Take it and leave me along," she claims Barnhart said.
Espinosa believes that rather than investigating her charges against Barnhart, "other individuals" in the police dept. were scheming with him to discredit, embarass and arrest her husband, Rene Espinosa and her, aunt, Gloria Garcia, on trumped up charges of extortion, theft and conspiracy.
The lawsuit claims that by Feb. 18, 2006 Judge Barnhart had convinced Raymondville Police officials that he was being blackmailed by Espinosa and her aunt. Subsequently, police attempted to tape record conversations between the plaintiffs and Barnhart to entrap Espinosa by offering her
When the defendants could not produce evidence to support their investigation of Espinosa, she was no billed by a grand jury on May, 17, 2006.
The plaintiffs believe that Judge Barnhart and the police caused Texas Ranger Victor Escalon to conduct a second investigation of Espinosa. As part of the investigation Ranger Escalon arranged a lie detector exam for Espinosa's aunt, Gloria Garcia, on Sept. 1, 2006, according to the lawsuit.
Following the Ranger's investigation former county and district attorney Gustavo "Gus" Garza was appointed as a special prosecutor by 197th State Dist. Judge Migdalia Lopez to conduct a special grand jury hearing on Sept. 6, 2006.
On Oct. 13, 2006, the Garcia’s and Espinosa’s were indicted on charges of theft, perjury and conspiracy. All three were arrested and jailed.
On November 8, 2006 the home of Andrea and Rene Espinosa was searched after a warrant was issued. Documents, computers and records were seized.
During this time Judge Barnhart was waiting to be sworn in as Willacy County Judge on Jan., 2007.
On May 18, 2007 special prosecutor Gus Garza was dis-qualified by Judge Manuel Banales of Corpus Christi.
On June 1, 2007 Willacy County & District Attorney Juan Guerra (a former boyfriend of Gloria Garcia) dismissed the charges against Espinosa, her husband, her aunt, Gloria Garcia and her husband.
According to the plaintiff's lawsuit new indictments were filed against Andrea Espinosa, her husband, and her aunt, Gloria Garcia on Sept. 13, 2007. They were arrested and posted bond.
These indictments were dismissed by Judge Banales on October, 26, 2007.
In her lawsuit Espinosa accused Barnhart of the infliction of bodily injury and assault, because, she says, he touched her in a disgusting and offensive manner.
All of the defendants are accused of the intentional infliction of emotional distress.
All of the defendants are accused of criminal malicious prosecution because they caused the prosecution of the plaintiffs.
The defendants are also charged with false imprisonment and abuse of the legal process.
The plaintiffs demand a jury trial.








