Mother accuses cop of vendetta against son
ENNIS – Gloria Moya is upset over the death of her son Jose Rivas Jr. and a case that hasn’t been taken to the County/District Attorney’s office.
"The kid that caused the accident is still out there, going to school with my daughter and she has to look at him everyday seeing he is free," said Moya.
The person in question, 17 year-old Javier Valles, according to Moya and police reports, was an unlicensed driver who brought alcohol over to underage kids while being underage himself.
In the early morning hours of Nov. 23, 2008, Rivas was killed by in auto accident involving a black ‘93 GMC and a maroon Ford F-150 driven by Valles according to Ennis Police.
According to reports, witnesses said the two vehicles were both speeding and they were unable to tell who caused the accident.
Toxicology reports showed alcohol levels under the legal limit for Rivas, 21.
Cpl.Sherman Swafford, Ennis PD, handled the case, the same officer who arrested Rivas back in 2007 on a Grand Prairie speeding warrant.
Moya alleges Swafford had a vendetta against her son.
"I went to pick up the vehicle when he [Rivas] was getting arrested [in 07’] and Swafford had the wrong information pulled up on my son’s car.
" I tried giving him the correct insurance [information] from out of the truck and he wouldn’t listen to me, all the officer did was take it out of my hand and throw it back in the seat saying ‘ get away from here or I will throw your ass in jail,’" said Moya.
Moya was told several times her sons case would be handed to the D.A.’s office.
"Chief Erisman told me and Mother Against Drunk Driving this summer that the case would be sent over in two weeks," said Moya.
Erisman said he "would have the case sent over by the end of this week."
Victims claim they have yet to be reached by the police department regarding Riva’s death according to the mother.
Swafford was an 18-year veteran of the Ferris Police Department when he and then-Chief Jeff Cottongame were fired by the city council for running a private off-duty security company out of FPD.
The firings spurred a chain-reaction of city changes, including the defeats and elections of old and new council members and a divided political landscape.
In response to the death of Rivas, Swafford said he couldn’t comment and declined when asked if he would be able to review the case if the files were sent over.
"You can send it, but I wont read it" said Swafford.
Jose Jamie "JJ" Rivas worked his way up from a bay attendant at the Blue Beacon Washout Express in Ennis, to supervisor at their Dallas location.
"I wouldn’t wish an unjustified death of someone’s child on anyone. Instead of seeing him come in everyday after work, I have to go visit his gravesite," said Moya.