Hidalgo County District Attorney Rene Guerra revealed he does not plan to reopen a driving while intoxicated (DWI) case against 13th Court of Appeals Justice Nora Longoria.

Her case was recently dismissed by a Hidalgo County Judge because of “lack of evidence.”

Guerra is now speaking out about a police dash cam video of Longoria failing a sobriety test, which would have been “crucial evidence.”

“In the dash cam video I’ll admit it does look like she is intoxicated,” Guerra told Action 4 News. “I’ll agree to that but the problem is in the video room at the police department is that she does not look drunk.”

Guerra showed Action 4 News the DVD the McAllen Police Department gave to Hidalgo County prosecutors.

Only four files were on it, and none of them were the dash camera video.

Instead, there was video of Longoria at the McAllen Police Department following her arrest.

“I saw in the video what I needed to see,” Guerra said. “In my opinion the judge at the police department, she did not look drunk.”

In the police documents handed to the district attorney’s office there is mention of the dash cam video.

Action 4 News asked why they never requested it.

“I probably read that, but in relying on the completeness of the videos given to me, I did not see it,” Guerra said. “I did not know whether the dash cam was recording or not, I didn’t bother to ask and that was my oversight.”

Guerra said he will not reopen the case despite the new evidence.

“Had I seen the dash cam video I probably would have put her on a pre-trial diversion program,” he said.

The program is an equivalent of probation lasting anywhere from six months to two years.

“People will judge their opinion and accuse the good ol’ boy system and that’s okay,” Guerra said. “I’m going out December 31st and someone else will have to face the wrath of the public later on it they don TMt like their decision.”

Guerra added that his office is overloaded with cases and prosecutors do not have time request evidence for every case.