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<br />I <br /> <br />EXECUTIVE SESSION OF THE CITY COUNCIL OF THE <br />CITY OF SAN MARCOS, TEXAS, FEBRUARY 3, 1971 <br /> <br />Present: <br /> <br />Mayor <br /> <br />Hollis W. Smith <br /> <br />Councilmen: <br /> <br />Luciano H. Flores <br />Ross King <br />Herbert A. Yarbrough, jr. <br />Jerry Zavesky <br /> <br />I <br /> <br />City Manager <br />City Secretary <br />City Attorney <br /> <br />Richard G. Bean <br />Dorothy O. Worrell <br />Albert M. Walker <br /> <br />Also present: <br /> <br />Attorneys Gabriel Gutierrez, Rodger <br />Zimmerman and William M. Rugeley <br /> <br />The Mayor called the Council to order at 5:25 p,m. <br /> <br />Gabriel Gutierrez explained that he had come before the <br />Council to discuss what he considered a case of false arrest <br />involving his client, Benito Flores. The alleged incident <br />took place on January 10, 1971 on Post Office Alley. <br /> <br />Mr. Gutierrez gave his client's account of events leading up <br />to and including Benite Flores' arrest by a City Patrolman. <br /> <br />Mr, Gutierrez then called to the Council Room, James Flores, <br />who gave an e~e-witness account. James Flores is no relation <br />to Benito Flores, <br /> <br />I <br /> <br />Mr. Gutierrez next called Mrs. Carmen Flores, Mother of Benito <br />Flores, and Elizabeth Flores, his sister, who gave their <br />accounts of the events on January 10. <br /> <br />Questions were asked of the witnesses by Council Members and <br />attorneys. <br /> <br />The Mayor a~sured Mr, Gutierrez that the City would make an <br />investigation of the case, Mr. Gutierrez said he would like <br />a response in a week. <br /> <br />The City Attorney asked Mr. Gutierrez if he contemplated <br />filing a suit against the City, should the investigation <br />prove contrary to his client's claims. Mr. Gutierrez said <br />he and his client had not resolved that question, If they did <br />file suit, however, it would be in Federal Court, the attorney stated. <br /> <br />I <br /> <br /> <br />.( <br /> <br />The Council <br /> <br />CJ:: <br /> <br />Dorothy 0 <br />City S cre <br /> <br />({ '1ilL <br />Worrell <br />ary <br />