Ask any police officer and he or she will tell you that family disturbance calls often may pose more of a danger than other types of disturbances. So, in that sense, the Vargas incident, as dangerous and as chaotic as it turned out, very much followed the norm. What goes unanswered is the fact that Andres Vargas had a history of domestic violence and failure to stop him earlier led to the shootout of September 8.
Two days before the incident, Vargas used the same assault rifle on an attempt on his ex-wife. That, in fact, led to the issue of the arrest order. The S.A. Express-News reports, however, that the signs of violence were there long before the shootings occurred. Vargas violated protective orders a number of times -- three times in a period of two weeks -- and reports by ex-wife Bonnie, although recorded, did not lead to arrests. It was only the fourth report, where an attempt was literally made on her life, that the case took a turn.
Understandably, it is difficult to make a call as to when an individual is infringing on someone else's rights or welfare. But, protective orders are issued specifically for the protection of people given threats or a history preceding the order.
But want to hear one even better. Just take the case of a woman, any woman, trying to make a case for a protective order on an abusive former spouse or partner. Slashed tires, phone calls in the middle of the night, stalking -- none of it seems to matter as long as the spouse denies it. It's literally her word against his. And corroborating witnesses don't seem to matter.
Too many times I have seen women terrorized by former abusive partners and simply feel powerless given the response (or lack of) from the judicial system. A former employee of mine confided that in seeking a restraining order she informed the officer of the court of threats made against her, but was told that nothing could be done unless some act of physical harm actually occurred. Poor consolation.
The state of Texas passed a law against stalking in 1993. This was later amended after it was declared unconstitutional by the State Supreme Court. Yet, to date, proving harassment or an act of stalking very much falls on the victim. And this is unfortunate. We should not wait until a tragedy occurs, as it did in San Antonio, before we offer protection from an abusive spouse. If the signs are there the law should act. Waiting for the proof may just prove too late.




By Miguel A. Conchas
