Aaron Martinez

El Paso Times

An El Paso district judge faces an April 20 trial on a disorderly conduct charge over his middle finger.

Judge Patrick Garcia, who presides over the 384th District Court, is scheduled to go on trial in April on a disorderly conduct charge after County Court at Law No. 1 Judge Ricardo Herrera filed a sheriff’s report claiming Garcia flipped him off.

Garcia could not be reached for comment Thursday, but previously told the El Paso Times that he did not want to comment on the incident. Herrera also could not be reached for comment.

The alleged incident occurred at about noon Nov. 8 at the El Paso County Courthouse parking garage at 500 E. Overland Ave.

Herrera filed a report with the El Paso County Sheriff’s Office claiming that Garcia confronted him and “started waving his middle finger directly in his face,” according to the sheriff’s report obtained by the El Paso Times.

Herrera claimed that Garcia walked up to him and extended his hand toward him in a “hand shaking motion.”

Garcia then allegedly told Herrera, “Hey, I want to thank you for busting a rec for the 384th,” the report states.

The term “rec” refers to a plea-agreement recommendation made by state prosecutors or defense lawyers.

The two judges shook hands, but then Herrera claims that Garcia released his “grasp and started waving his middle finger directly in front of his (Herrera) face while yelling ‘here’ ‘here,’ ” the report states.

Herrera told deputies that Garcia’s middle finger was about 4 or 5 inches away from his face. Garcia then allegedly turned away from Herrera and walked off.

According to the report, Herrera claimed he was “offended by the gesture and found it to be humiliating that it was done in front of his colleagues.”

Several other judges were witnesses to the incident, including Probate Court No. 2 Judge Eduardo Gamboa, County Court at Law No. 3 Judge Javier Alvarez and Council of Judges Executive Director Mike Izquierdo.

Izquierdo declined to give a statement to sheriff’s deputies during their investigation. He told deputies that he did not want to give a statement because he did not “witness a criminal act,” the sheriff’s report states.

The El Paso County District Attorney's Office said, “After an investigation, it was determined that the offense of disorderly conduct required prosecution.”

The trial is scheduled to be held at about 1:30 p.m. April 20 in the Justice of the Peace Precinct 4 courtroom with Judge Jesus Urenda presiding.

Disorderly conduct is a Class C Misdemeanor and holds a maximum punishment of a fine up to $500.

Aaron Martinez may be reached at 546-6249; aamartinez@elpasotimes.com; @AMartinez31 on Twitter.