El Paso County - 327th District Court Filed 8/12/2022 3:59 PM

Norma Favela Barceleau

District Clerk
El Paso County
2022DCV2342

THE STATE OF TEXAS, AND THE §

COUNTY OF EL PASO, ex rel. §
EL PASO COUNTY ATTORNEY §
JO ANNE BERNAL, §
Plaintiff, §
§ No._____________________
v. §
§
THE REAL PROPERTY 5081 FORT §
DEFIANCE EL PASO, TEXAS 79938 (IN §
REM), PRISCILLA CHAVEZ PROPERTY §
OWNER, MANSION PROMOTIONS §
LLC., GABRIEL A. CHAVEZ, GMT §
PROMOTIONS ENT., BRUCE JESSE §
HAYWARD JR. §

Defendants.

THE STATES’S ORIGINAL PETITION FOR ABATEMENT OF COMMON NUISANCE,

AND APPLICATION FOR TEMPORARY RESTRAINING ORDER,

El Paso County Attorney Jo Anne Bernal brings this suit on behalf of the State of Texas to

enjoin and abate a common nuisance, and to prevent irreparable injury, loss, harm and damage,

and files this Original Petition For Abatement and Application for Temporary Restraining Order

against the named Defendants, including an in rem defendant, pursuant to the Texas Rules of

Civil Procedure (TRCP) 680 for violations of the Civil Practice and Remedies Code (CPRC)

Chapter 125, and Texas Alcoholic Beverage Code Chapter (TABC) 101, as the Defendants

maintain their property in a way that creates a common nuisance violating the TABC and poses

an immediate threat of irreparable injury, loss or damage that will result if the conduct occurring

at the property does not cease immediately.

I.
PARTIES
1. Plaintiff, the State of Texas (hereinafter, “State” or “Plaintiff”), appears and is

represented by and through the El Paso County Attorney Jo Anne Bernal, with her principal

office located at 500 E. San Antonio Ave, Room 503, El Paso, Texas 79901, and is duly

authorized under the TRCP and TABC to bring this cause of action to restrain, enjoin and have

abated activities declared to be a common nuisance. The State is not required to verify facts in

support of the request and application for injunctive relief to abate the nuisance activity under

TABC.1 The County provides affidavits and evidence to show irreparable injury, loss, harm and

damage.

2. Defendant, the real property 5081 Fort Defiance, El Paso, Texas 79938 (in rem)

(hereinafter, “Defendant Ft. Defiance” or the “Property”), is zoned residential but is advertised as

a commercial property where events such as parties, pool parties, and other entertainment

gatherings are held for profit. Service of citation may be had upon Ft. Defiance by posting

citation at the Property, by serving the person in care, custody, control or management of or by

serving its property owner, Priscilla Chavez 5081 Fort Defiance Drive El Paso, Texas 79938 or

wherever she may be found.

3. Defendant Priscilla Chavez, Property owner (hereinafter, “Defendant P. Chavez”), is an

individual doing business in El Paso County and maintains and/or assists in maintaining the

common nuisances described herein, as the property owner of 5081 Fort Defiance Dr., El Paso,

Texas 79938. Service of citation may be had upon Defendant P. Chavez at 5081 Fort Defiance

Dr., El Paso, Texas 79938 or wherever she may be found.

4. Defendant, Mansion Promotions LLC. (hereinafter, “Defendant Mansion Promotions”) is

a Domestic Limited Liability Company. Service of citation may be had upon Mansion

1
TEX. CIV. PRAC. & REM. CODE § 125.002(a) and TEX. ALCO. BEV. CODE §§ 101.10 and 101.70, permission by
Attorney General’s Office.
Promotions LLC. by serving one of its registered agents, Gabriel A. Chavez 5081 Fort Defiance

Dr., El Paso, Texas 79938 or wherever he may be found.

5. Defendant Gabriel A. Chavez (hereinafter, “Defendant G. Chavez”), is an individual

doing business in El Paso County and maintains and/or assists in maintaining the common

nuisances described herein of 5081 Fort Defiance Dr., El Paso, Texas 79938. Service of citation

may be had upon Defendant Gabriel A. Chavez at 5081 Fort Defiance Dr., El Paso, Texas 79938

or wherever he may be found.

6. Defendant, GMT Promotions ENT. (hereinafter, “Defendant GMT Promotions”) is an

unregistered entity. Exhibits 1 and 2. Service of citation may be had upon GMT Promotions

ENT. by its registered agent, Jesse Hayward Bruce Jr. at 5208 Nome Ave., El Paso, Texas 79924

or wherever he may be found.

7. Defendant Jesse Hayward Bruce Jr. (hereinafter, “Defendant Bruce”), is an individual

doing business in El Paso County and maintains and/or assists in maintaining the common

nuisances described herein of 5081 Fort Defiance Dr., El Paso, Texas 79938. Service of citation

may be had upon Defendant Jesse Hayward Bruce Jr. at 5208 Nome Ave., El Paso, Texas 79924

or wherever he may be found.

8. Defendants named herein, may be referred to collectively as “Defendants” throughout

this petition.

II.
DISCOVERY

9. The Plaintiff intends for this case to be governed under Level II Discovery Plan in

accordance with Rule 190.3 of the CPRC..

III.
JURISDICTION AND VENUE
10. Venue and Jurisdiction is proper in El Paso County, Texas because all or part of the acts

or omissions giving rise to Plaintiff’s claims occurred in El Paso County, Texas, and the Property

upon which Defendants maintain a common nuisance is in El Paso County, Texas.2

11. The court has subject matter jurisdiction to hear the application for temporary restraining

order without hearing because the Defendants violate and will continue to violate a provision of

the TABC.3 This Court also has subject matter and personal jurisdiction over the cause and

parties based on the CPRC. The real property made the basis of this cause of action is a common

nuisance as maintained.4 This Court also has subject matter and personal jurisdiction over the

cause and parties based on the CPRC. The real property made the basis of this cause of action is

a common nuisance as maintained.5

12. The TABC prescribes mandatory venue of an action to enjoin and abate a common

nuisance in the county in which the nuisance is alleged to exist.6 All allegations have occurred in

El Paso County, Texas.

13. The court has subject matter and personal jurisdiction over the cause and parties for the

State’s applications for temporary restraining order because the Property made the basis of this

cause of action is a common nuisance as maintained.7

14. The Property upon which the Defendants are maintaining a common nuisance is located

in El Paso County, Texas.

IV.
SUMMARY

2
TEX. CIV. PRAC. & REM. CODE § 15.016.
3
TEX. ALCO. BEV. CODE § 101.01(a).
4
TEX. CIV. PRAC. & REM. CODE § 125.002(a)
5
TEX. CIV. PRAC. & REM. CODE § 125.002(a)
6
TEX. ALCO. BEV. CODE § 101.70.
7
TEX. ALCO. BEV. CODE, § 101.70.
15. The property at 5081 Fort Defiance, El Paso, Texas 79938 is a large house where parties

at the residence are known as “Mansion parties”, hosted by Defendants Mansion Promotions

(a.k.a. Mansion Boys) and GMT Promotions. Defendants Mansion Promotions and GMT

Promotions use social media to advertise parties where they charge a fee for entrance to the

property. The parties are advertised to start around at ten p.m. and go well into the next day. The

parties attract hundreds of young people and juveniles, from ages approximately 15 – 26. As the

Property is located in the county, local law enforcement is not able to meet the demands and

answer all the calls and problems that arise from the parties. Since April of 2022, the El Paso

Sheriff’s Office (EPSO) has responded to assaults, aggravated assaults, shots fired, and general

nuisance calls. Defendant Priscilla and Gabriel Chavez are currently under indictment for money

laundering, and Defendant Chavez is obligated to register quarterly as a sex offender for

aggravated sexual assault of a child in 2002. Evidence obtained through social media shows

young looking people at the party in crowded spaces pouring alcohol from liquor bottles directly

into their mouths. There have been several incidents where party patrons, including juveniles,

have needed emergency medical treatment for what they consumed at the Property.

V.
FACTS

16. The Plaintiff received affidavits from law enforcement officers employed by the EPSO:

a. Sgt. Chavarria describes parties at the Property attract an “overwhelming” number

of young people to the quiet neighborhood where there are easily “100 – 200” vehicles parked on

both sides of the street on Friday and/or Saturday nights. Exhibit 3.

i. In an effort to keep the number of attendees down, Sgt. Chavarria and 4 –

5 other deputies on his shift have attempted to warn people about the party, but were

largely ignored.
 ii. Vehicles are parked in the middle of the street and block driveways.

iii. Parties typically attract 300 – 400 young people between the ages of 15 –

23, and once started, continues to be active until 3 – 5 a.m.

iv. Sgt. Chavarria has seen intoxicated drivers, juveniles asleep or passed out

on the shoulder of the roadway, people driving without lights, fights, crying females, and

people who have lost their rides home.

v. On June 18, Sgt. Chavarria came in contact with two separate people who

were found unresponsive. Sgt. Chavarria believes that had medical personnel not been

there to assist, the two individuals would have died from their accidental overdose.

During this time, people identified as security at the Property watched from behind a

locked gate and did not assist.

A 16 year old female who had stopped breathing was resuscitated with CPR. The

female’s 16-year old cousin admitted they were drinking inside the house and the security

did not check for IDs. The cousin also said it was easy to get alcohol inside, and there are

several bars inside set up to sell alcohol.

The other person on the road was a male who was not breathing. Emergency

medical services had to use used a device called Narcan that treats and reverses opioid

overdose to arouse him.

Both were transported to hospitals for further treatment and care.

vi. Sgt. Chavarria asserts that the parties are increasing to two nights a week

(Friday and Saturday), and if they continue violent crimes will occur and hundreds of

intoxicated juveniles will be on the street and roadways. Sgt. Chavarria believes that the
 only way to end the dangers arising from the parties on the Property is to end the parties

at the Property.

b. Dep. Alejandro Luna has responded to the Property while on-duty. Exhibit 4.

i. While on the grave-yard shift, Dep. Luna has encountered juveniles that

are intoxicated and/or in possession of alcohol.

ii. On August 6, 2022, Dep. Luna drove by a car near the Property with the

passenger door open. He turned around to check and saw a male face down in the dirt

not moving. The deputy saw vomit on the male, the ground and his car. Deputy Luna

asked the male if he was ok, and noticed he could not sit up on his own and looked as if

her was going to choke. The deputy requested life ambulance. Dep. Luna was able to

discover that the male came from the party at Fort defiance, and he consumed alcohol,

weed, THC, cocaine, and “probably something else.”

17. Deputy Carolina Perez provided information on the reports generated with the case

numbers associated with the incidents and a description of the criminal activity. This chart is

included as exhibit 5 and was used to keep count of the violations occurring at the Property.

18. Videos posted on social media show the events at the Property. This evidence is made

available to the court on mass storage.

a. Exhibit 6 shows young people that appear to be juveniles in crowded rooms consuming

liquor, poured directly into their mouths. Outside, there are shots fired and the video abruptly

ends.

b. Exhibit 7 also shows liquor consumption and a person in the crowd wearing a high

school letterman’s jacket.

c. Exhibit 8 shows an assault occurring at the party.

19. Since April of 2022, officers have encountered thirty one (31) violations of the TABC

related to the Property, listed in exhibit 5. Noted here, as mentioned above, and in the affidavits

of law enforcement, the parties start about 10 p.m. and end around 5 a.m. It is more likely that

while inside the Property, more violations than what has been documented have occurred. What

has been documented includes, but is not limited to, at least:

a. 6 violations for prohibited hours of consumption.8

b. 2 violations for sale to a minor.9

c. 11 violations for consumption of alcohol by a minor.10

d. 7 violations for Possession of Alcohol by a Minor11

e. 2 Purchase of Alcohol for a Minor; Furnishing Alcohol to a Minor12

f. 3 Permit required for the sale of alcohol or license required for the sale of beer13

20. Since April of 2022, officers have encountered 52 violations of the Texas Penal Code and

the Texas Health and Safety Code (THSC). These encounters do not count those offenses that

arose out of the Property and reported later to the El Paso Police Department (such as sexual

assaults or DWIs). These offenses are also listed in exhibit 5 and include but are not limited to at

least:

a. 33 violations of the THSC for drug offenses, 13 involving juveniles, and

including possession marijuana, cocaine, ecstasy, THC, psilocybin, etc.14

b. 7 violations for Assault Causes Bodily Injury15

8
TEX. ALCO. BEV. CODE § 105.06 Tex. Alco. Bev. Code §§ 106.04 and 106.06
9
TEX. ALCO. BEV. CODE § 106.03.
10
TEX. ALCO. BEV. CODE § 106.04.
11
TEX. ALCO. BEV. CODE § 106.05
12
TEX. ALCO. BEV. CODE § 106.06
13
TEX. ALCO. BEV. CODE §§ 11.01 and/or 61.01
14
TEX. HELTH & SFTY CODE, CHAPTER 481
15
TEX. PENAL CODE § 22.01(a)(1)
 c. 2 violations for Assault on a Peace Officer16

d. 4 violations for Aggravated Assault with a Deadly Weapon17

e. 1 violation for Robbery18

f. 1 violation for Burglary of a Vehicle19

g. 1 violation for Unlawful Possession of a Firearm20

h. 3 violations for Driving While Intoxicated 21

21. The codes violated and noted in the paragraph above are also violations of the CPRC, and

include but are not limited to at least:

a. 33 violations for possession or delivery of a controlled substance or marijuana.22

d. 4 violations for Aggravated Assault with a Deadly Weapon.23

e. 1 violation for Robbery24

f. 13 violations for Disorderly Conduct 25

g. 1 violation for Unlawful Possession of a Firearm26

22. The Property is 2.4300 acres, according to a 2021 tax statement. Exhibit 9.

23. Defendant Property is exempt as a “homestead” according to the records from the El Paso

Tax Assessor Collector. Exhibit 9. Defendants use Property for several businesses, including:

a. Defendant Mansion Promotions, LLC. Exhibit 10.

b. Beati Transportation. Exhibit 11.

16
TEX. PENAL CODE § 22.01(a)(2)
17
TEX. PENAL CODE § 22.02(a)(2)
18
TEX. PENAL CODE § 29.02
19
TEX. PENAL CODE § 30.04
20
TEX. PENAL CODE § 46.02
21
TEX. PENAL CODE § 49.04
22
TEX. CIV. PRAC. & REM. CODE § 125.0015(a)(4).
23
TEX. CIV. PRAC. & REM. CODE § 125.0015(a)(9).
24
TEX. CIV. PRAC. & REM. CODE § 125.0015(12)
25
TEX. CIV. PRAC. & REM. CODE § 125.0015(a)(24).
26
TEX. CIV. PRAC. & REM. CODE § 125.0015(14)
24. The owner of the Property, Defendant Priscilla Chavez, is has charges pending against

her for 3 counts of Money Laundering over $200,000. Exhibit 12.

25. Defendant Gabriel Chavez, who is the owner of Defendant Mansion Promotions, and the

son of Defendant Priscilla Chavez, has charges pending against him for 3 counts of Money

Laundering over $200,000. Exhibit 13.

26. Defendant Gabriel Chavez is a registered sex offender required to report on a quarterly

basis for Aggravated Sexual Assault of a Child. Exhibit 14.

27. On July 25, 2019, Defendant Priscilla Chavez is alleged to have violated the conditions of

her personal bond for hosting “multiple parties at residence located at 5081 Fort Defiance” and

“was in possession of alcohol and alcoholic beverages.” Exhibit 15.

28. On July 26, 2019, Defendant Gabriel Chavez is alleged to have violated the conditions of

her personal bond for hosting “multiple parties at residence located at 5081 Fort Defiance” and

“was in possession of alcohol and alcoholic beverages.” Exhibit 16.

29. On August 8, 2019 and October 25, 2019, the presiding Judge of Criminal District Court

1, the Hon. Diane Navarrete, amended Defendant Priscilla’s bond order to prohibit parties at the

Property. Exhibits 17 and 18.

30. On August 8, 2019 the presiding Judge of Criminal District Court 1, the Hon. Diane

Navarrete, amended Defendant Gabriel Chavez’s bond order to prohibit parties at the Property.

Exhibit 19.

31. On April 3, 2022, Deputy Javier Jimenez responded to an assault at a large party at the

Property. He estimates 100 cars were parked along the roadway and people were walking in the

street. Once inside the property, he saw hundreds of people at the location. People became

hostile towards the Deputies. Security would not allow officers to enter the Property. Dep.
Jimenez noticed many juveniles at the party that appeared intoxicated. He asked to talk to the

Defendant Priscilla Chavez. When she came out, the deputy reminded her of the problems with

parties at the house a few years ago. Defendant Priscilla Chavez responded that she had

permission from Judge Diane Navarrete to have parties. She did not have a copy of the order.

Dep. Jimenez received a call and exchanged email with Defendant Priscilla Chavez’s attorney,

who sent a signed order. Exhibit 20.

32. Exhibit 20 contains the Affidavit of Deputy Jimenez in addition to emails exchanged with

Defendant Priscilla Chavez’s defense attorney, who also sent “Defendant’s Motion to Modify

Terms and Conditions of Release.” The motion appears to have been filed in Defendant Priscilla

Chavez’s case on April 11, 2022.

33. The order contained in the documents sent to Dep. Jimenez in Exhibit 20 is signed by “D

Alcala” as presiding judge on April 18, 2022. According to Exhibit 21, this order is not filed.

34. The State could not locate any motion or orders to modify the conditions of Defendant

Gabriel Chavez’s bond, so the condition that there should be “no parties” at his residence, the

Property, should still be in effect.

35. Defendants Mansion Promotions, GMT Entertainment and Bruce, continually advertise

and promote parties at the Property on social media. Exhibits 22 - 25.

36. The Property is maintained as a place where persons violate and will likely continue to

violate provisions of the TABC and the Penal Code. 27

37. As mandated by the TABC, the County Attorney’s Office prepared an application for a

temporary restraining order to begin proceedings in district court to restrain the Defendants from

violating the TABC.28 The State brings this Original Application for Restraining Order to

27
TEX. ALCO. BEV. CODE §§ 101.01 and 101.70(a).
28
TEX. ALCO. BEV. CODE, § 101.10(a).
temporarily restrain the Property and the Defendants from hosting or allowing parties or any

entertainment for large gatherings of people.”29

38. The Property is a place where persons habitually go for the purpose of engaging in

crimes. Defendants knowingly tolerate the activity and fail to make reasonable attempts to abate

these activities.

V.
APPLICABLE LAW AND STATUTORY AUTHORITY

A. Chapter 101 of the TABC

39. The Plaintiff incorporates and re-alleges the paragraphs above as though set forth herein.

40. Generally, injunctive relief is properly issued only when an applicant shows a probable

right of recovery, probable injury, and that there is no other adequate remedy at law available.30

41. A county attorney has authority to institute an action for injunctive relief to restrain a

violation by a person who appears to be in violation of or threatening to violate the TABC.

Section 101.01 of the TABC sets out the procedure for obtaining a restraining order. If a credible

person informs the County Attorney by affidavit that a person is violating or is about to violate a

provision of the TABC, the County Attorney “shall begin proceedings in district court to restrain

the person from violating the code or operating under the permit or license.”31

42. When an applicant shows a violation of a statute that authorizes injunctive relief, the

applicant need not prove imminent, irreparable injury, or that the legal remedy is inadequate.32

29
TEX. ALCO. BEV. CODE, § 101.10.
30
See PILF Investments, Inc. v. Arlitt, 940 S.W.2d 255, 258 (Tex. App. - San Antonio 1997, no writ); Home Sav. of
America, F.A. v. Van Cleave Dev. Co., 737 S.W.2d 58, 59 (Tex. App. - San Antonio 1987, no writ).
31
TEX. ALCO. BEV. CODE § 101.01(a).
32
8100 N. Freeway Ltd. v. City of Houston, 329 S.W.3d 858, 862 (Tex. App.—Houston [14th Dist.] 2010, no pet.),
and see Schleuter v. City of Fort Worth, 947 S.W.2d 920, 932 (Tex. App. - Fort Worth 1997, pet. denied) (city
ordinance); Bexar County v. North East Indep. Sch. Dist., 802 S.W.2d 854, 859 (Tex. App. - San Antonio 1990, writ
denied) (statute); San Miguel v. City of Windcrest, 40 S.W.3d 104 2000).
43. If the evidence shows that a TABC violation has occurred or is occurring, the State is

entitled to appropriate injunctive relief to prevent the violation from continuing or occurring. No

evidence of imminent harm, irreparable injury, or the absence of an adequate remedy at law is

necessary to support the State’s entitlement to injunctive relief.33

44. The court may issue a restraining order without a hearing, and on notice and hearing may

grant an injunction to prevent the threatened or further violation or operation. The court may

require the complaining party to file a bond in an amount and with the conditions the court finds

necessary.34

45. Relevant violations of the TABC are committed going to, attending, or departing from

events at the Property, and include, but are not limited to:

a. Sec. 11.01(a) Permit Required – No person who has not who has not first obtained a
permit of the type required for the privilege may, in a wet area, do any of the
following: (1) manufacture, distill, brew, sell, possess for the purpose of sale, import
into this state, export from this state, transport, distribute, warehouse or store liquor or
(2) solicit or take order for liquor.35

b. Sec. 61.01 License Required – No person may manufacture or brew beer for the
purpose of sale, import it into this state, distribute or sell it, or possess it for the
purpose of sale without having first obtained an appropriate license or permit as
provided in this code.36

c. Sec. 105.06 Prohibited Hours of Consumption - A person commits an offense if

they consume or possesses an alcoholic beverage with intent to consume in a public
place at any time on Sunday between 2:15am and 12 noon, or on any other day
between 2:15am and 7am.

d. Sec. 106.03 Sale to Minors - A person commits an offense if he sells an alcoholic

beverage to a minor.
e. Sec. 106.04 Consumption of Alcohol by a Minor - A minor commits an offense if
consumes an alcoholic beverage.

33
Cook v. Tom Brown Ministries, 385 S.W.3d 592 at 601 (Tex. App. – El Paso 2012).
34
TEX. ALCO. BEV. CODE § 101.01(b).
35
This is interpreted by the TABC to include “free” alcoholic beverages when a person must pay a cover charge for
entrance. This means an advertisement for “$10 cover, and free beer until 10pm” is a violation.
36
Id, as applied to beer.
 f. Sec. 106.06 Purchase of Alcohol for a Minor; Furnishing Alcohol to a Minor - A
person commits an offense if he purchases an alcoholic beverage for or gives or with
criminal negligence makes available an alcoholic beverage to a minor.

46. If the court issues a temporary restraining order, upon finding a person has violated the

order, the court shall enter a judgment to that effect.37

B. CPRC 125

47. The Civil Practice and Remedies Code (CPRC) provides that a person maintains a

common nuisance if they maintain a place to which persons habitually go for any of the purposes

listed in the CPRC and they “knowingly tolerate the activity and fail to make reasonable attempts

to abate the activity.”38

48. A County Attorney has authority to enjoin and abate a nuisance in the county where the

nuisance exists. The suit may be brought against the person who is maintaining or about to

maintain the nuisance, against any person who maintains, owns, uses or is a party to the use of a

place for nuisance purposes constituting a nuisance, and may bring action in rem against the

place itself. All named Defendants either maintain, own, use or are a party to the use of the

property.39

49. Since April 2022, the following violations of the CPRC, that are a direct result of the

events held on the Property, have occurred. The description of the events are documented in

Exhibit 5 as Penal and Health and Safety Code violations. The Defendants have not made any

reasonable attempt to abate the activity. These violations include but are not limited to:

a. CPRC 125.0015 (9) – aggravated assault as described by Section 22.02, Penal Code;

b. CPRC 125.0015 (12) - robbery as described by Section 29.02, Penal Code;

37
TEX. ALCO. BEV. CODE § 101.01(c).
38
TEX. CIV. PRAC. & REM. CODE §§ 125.0015(a) and 125.004(a).
39
TEX. CIV. PRAC. & REM. CODE section 125.002(b).
 c. CPRC 125.0015 (a)(4) – unlawfully carrying a weapon as described by Section
46.02, Penal Code;

d. CPRC 125.0015 (a)(24) – disorderly conduct as described by section 42.01, Texas

Penal Code, and includes assaults, assault on peace officer, DWI, and burglary.

e. CPRC 125.0015 (a)(4) – delivery, possession, manufacture, or use of a substance or

other item in violation of Chapter 481, Health and Safety Code.

C. State is entitled to a Temporary Restraining Order under TRCP 680

50. The Plaintiff incorporates and re-alleges the paragraphs above as though set forth herein.

51. To obtain extraordinary relief under TRCP 680, the State must show specific facts by

affidavit that there is immediate and irreparable injury, loss, or damage that will result to the

applicant before notice can be served and a hearing had thereon. The evidence provided in this

petition shows there is immediate and irreparable injury, loss, or damage that will result to the

people, including juveniles, that attend events at the Property. The affidavits provided to the

State show a clear risk to health, where people are not only so intoxicated on alcohol or drugs

that they need attention, they are not protected by the Defendants or their agents.

52. The affidavit of Sgt. Chavarria particularly discusses a situation with two people on the

same night who had medical emergencies because of the activities they participated in at the

Property. In addition, the hired security did nothing to aid or protect the people at the party.

Exhibit 3.

53. The affidavits of all law enforcement describe how they are woefully outnumbered when

responding to calls or emergencies at the Property. They describe juveniles that are intoxicated

on alcohol or drugs, people walking in the middle of the street, and no apparent protection or

help when it is needed, other than by the very limited resources of law enforcement.
54. The dangerous activity is documented and then posted on social media, as in exhibit X6

6, which shows a disturbing view of party goers drinking alcohol, and later hearing several shots

fired outside of the Property where there are many cars and people visible.

55. The specific remedy of a TRO is not provided for in this chapter, but the nature of the

CPRC violations and penal code violations rise to the level of danger that irreparable injury, loss,

harm and damage will occur if an immediate stop to the activity at the Property is not stopped.

56. Criminal activity documented in Exhibit 5, a compilation of reports of events made at the

property include but are not limited to:

f. Tex. Penal Code Sec. 22.01(a)(1) – A person commits an offense if the person
intentionally, knowingly, or recklessly causes bodily injury to another, including the
person's spouse

g. Tex. Penal Code Sec. 22.01(b)(1) – A person commits an offense if the person
intentionally, knowingly, or recklessly causes bodily injury to another, and the
offense is a felony of the third degree if the offense is committed against a person the
actor knows is a public servant while the public servant is lawfully discharging an
official duty, or in retaliation or on account of an exercise of official power or
performance of an official duty as a public servant;

h. Tex. Penal Code Sec. 22.02(a)(2) – A person commits an offense if the person
intentionally, knowingly, or recklessly causes bodily injury to another and uses or
exhibits a deadly weapon during the commission of the assault.

Tex. Penal Code Sec. 29.02 - A person commits an offense if, in the course of
committing theft as defined in Chapter 31 and with intent to obtain or maintain
control of the property, he intentionally, knowingly, or recklessly causes bodily injury
to another;

i. Tex. Penal Code Sec.30.04 - A person commits an offense if the person without the
effective consent of the owner, he breaks into or enters a vehicle or any part of a
vehicle with intent to commit any felony or theft.

j. Tex. Penal Code Sec.46.02 - A person commits an offense if the person

(1) intentionally, knowingly, or recklessly carries on or about his or her person a
handgun;
 (2) at the time of the offense is younger than 21 years of age; has been convicted of
an offense under Section 22.01(a)(1), 22.05, 22.07, or 42.01(a)(7) or (8) committed
in the five-year period preceding the date the instant offense was committed; and is
not on the person's own premises or premises under the person's control; or inside of
or directly en route to a motor vehicle or watercraft that is owned by the person or
under the person's control. (a-1) A person commits an offense if the person
intentionally, knowingly, or recklessly carries on or about his or her person a
handgun in a motor vehicle that is owned by the person or under the person's control
at any time in which the handgun is in plain view, unless the person is 21 years of
age or older or is licensed to carry a handgun under Subchapter H, Chapter 411,
Government Code, and the handgun is carried in a holster; or the person is engaged
in criminal activity, other than a Class C misdemeanor that is a violation of a law or
ordinance regulating traffic or boating; or prohibited by law from possessing a
firearm.

k. Tex. Penal Code Sec. 49.04 - A person commits an offense if the person is
intoxicated while operating a motor vehicle in a public place.

l. Chapter 481 of the Texas Health and Safety Code – A person commits an offense
if the person possesses, delivers or uses a controlled substance, including marihuana,
cocaine, ecstasy, psylocibin, THC, etc.

57. The plaintiff is not required to give bond. A nuisance can be temporarily and permanently

enjoined. The final judgment is a judgment in rem and a judgment against the Defendants.

VI.
REQUEST FOR RELIEF

58. The Plaintiff incorporates and re-alleges the paragraphs above as though set forth herein.

59. The County Attorney received affidavits from credible persons informing her that the

named Defendants are violating provisions of the TABC and CPRC and allowing the Property to

cause danger to people in and around the Property, where violent criminal acts are committed

and the health and safety of the attendees of the events at the Property are at risk.40 Defendant

40
See exhibits attached.
Gabriel Chavez is a registered sex offender who lives on the Property and operates Defendant

Mansion Promotions on the property while juveniles attend events on the property. Upon

confirmation that Defendants were violating and will continue to violate the TABC and cause

immediate irreparable injury and damage, the County Attorney brought this action in district

court in the name of the State of Texas.41

60. Defendants have knowingly maintained and operated an entertainment business out of

their residence. Defendant Gabriel Chavez operates his business, Defendant Mansion Promotions

in flagrant violation of the Court’s Order against him with his pending charges.

61. The evidence shows that violations of the TABC and CPRC at events on the Property risk

the health and safety of the community have occurred or are occurring; so the State is entitled to

appropriate injunctive relief to prevent the violation from continuing or occurring.

62. For violations of the TABC, no evidence of imminent harm, irreparable injury, or the

absence of an adequate remedy at law is necessary to support the Plaintiff’s entitlement to

injunctive relief.42 To obtain injunctive relief, the State is required to show proof of imminent

harm, irreparable injury, and this burden is met with the proof provided in this petition for

violations of the CPRC and TABC, giving the Plaintiff a probable right to recovery.

63. The Plaintiff requests that the court issue a restraining order without a hearing, and grant

an injunction to prevent the threatened or further violation and operation, until such time a

temporary injunction hearing may be heard.

64. The Plaintiff is exempt from bond and court costs under provisions of CPRC section

6.001.

41
TEX. ALCO. BEV. CODE § 101.01(a)
Cook v. Tom Brown Ministries, 385 S.W.3d 592 at 601 (Tex. App. – El Paso 2012), and See TEX. ALCO. BEV.
42

CODE section 101.01.

65. An order enjoining and prohibiting the Defendants from using 5081 Fort Defiance Drive

El Paso, Texas 79938, the Property, for the use of parties or entertainment purposes is the only

remedy reasonably likely to prevent the use of the Property by Defendants in a way that violates

the TABC and causes imminent harm and irreparable injury to the community and law

enforcement. Therefore, the Plaintiff requests the Court:

a. Enjoin all named Defendants immediately from operating, hosting, advertising,

promoting, maintaining or using the Property in any way for gatherings, parties,

entertainments or social activity of any kind for the duration of a Temporary

Restraining Order or until further order of the court.

b. Order all records and documents from April 1, 2019 to present, relating to business

conducted at the Property, including but not limited to the ownership, rental/lease, and

records relating to taxes, employees, clients and the businesses the use or operate out

of the Property.

c. Order Defendants to post on all social media platforms used to advertise, give notice

of and promote events at the Property: “NOTICE events held at the Mansion at 5081

Fort Defiance Drive El Paso, Texas 79938 are temporarily cancelled by court order”

and remain posted and visible until further order of the court.

66. Because of the ongoing illegal activity, an ex parte hearing on temporary restraining

order is warranted to prevent continuing harm to the community which would occur should the

court require service of a lawsuit and notice of hearing.

67. The State requests any other reasonable requirements to prevent the ongoing nuisance

activity at 5081 Fort Defiance Drive El Paso, Texas 79938.

68. Pursuant to El Paso Local rule 1.05(d), the State is aware at least Priscilla Chavez has

been represented by attorney Ray Velarde in the past, and the state will call Mr. Velarde in

compliance with the local rule to give notice of the ex parte hearing.

VIII.
CONDITIONS PRECEDENT

69. All conditions precedent to the Plaintiff’s claim for relief have been performed or have

occurred.

X.
PRAYER

70. WHEREFORE, PREMISES CONSIDERED, the Plaintiff prays that the Court grant

judgment in favor of the Plaintiff for a temporary restraining order, and other such relief; and issue

an order in rem against the premises located at as 5081 Fort Defiance Drive El Paso, Texas 79938

prohibiting the Defendants from operating, hosting, advertising, promoting, maintaining or using

the Property in any way for gatherings, parties, entertainments or social activity of any kind for

until a hearing within 14 days of the signing of a temporary restraining order. Further, the Plaintiff

prays for a temporary restraining order, and other such relief; and the issue an order against the

remaining named Defendants Priscilla Chavez, Mansion Promotions LLC., Gabriel Chavez, GMT

Promotions Entertainment and Bruce Jesse Hayward, Jr. ordering Defendants to not operate, host,

advertise, promote, maintain or use the property 5081 Fort Defiance Drive El Paso, Texas 79938

in any way for gatherings, parties, entertainments or social activity of any kind for until a hearing

within 14 days of the signing of a temporary restraining order. The Plaintiff prays that no bond be

required. Plaintiff specifically requests that a temporary injunction hearing be set within 14 days

of the issuance of the temporary restraining order.

Respectfully submitted,
 JO ANNE BERNAL
El Paso County Attorney
500 East San Antonio, Room 503
El Paso, Texas 79901
Bus: (915) 546-2050
Fax: (915) 546-2133

BY: ______________________________
AMY MONSIVAIS
Assistant County Attorney
Texas Bar No. 24010472