Redford-area landowners Baxter and Amber Box recently lost their appeal in a lawsuit trying to gain ownership of a strip of land where a memorial to Esequiel Hernandez stands. Hernandez, an 18-year-old Presidio High School student, was shot and killed by a Marine patrolling for drug interdiction efforts in 1997.
The couple’s company, Local Chapter LLC, had sued to gain access to land it claimed it had purchased more than a decade ago, but Pecos attorney Bill Weinacht maintained it belonged to him and was used jointly with the family of Hernandez as a memorial. Judge Eugenia Wright had ruled in Weinacht’s favor in December 0f 2024, but Local Chapter appealed to the Eighth Circuit Court of Appeals in El Paso.
The case, concerning a 2-acre tract with an even smaller tract containing the Hernandez memorial, had been mired in a complicated web of deed transfers, leases and purchases since 1905 among several families. The Box family’s records follow a paper trail from when property was foreclosed upon in the 1950s, but the family who had been occupying the land for generations continued living there and paying taxes.
Weinacht purchased the land from that family in 2005, also claimed adverse possession rights through his use of the property and the upkeep and display of the Hernandez memorial.
Attorneys for Local Chapter argued in their appeal that the district court erred in its rulings by not allowing for them to supplement arguments and modify Weinacht’s motion for a summary judgement. Also key was Local Chapter attorney Robert Soza’s error in preparing for a November 16 hearing on summary judgments. Soza was in the court hearing when the judge set the date, and he received a Google Calendar email invite — although he said he must have accidentally deleted it because he later found it in his trash folder. Thus, the hearing caught him off guard.
On the morning of the hearing, Soza filed an emergency motion for a continuance to better respond to Wienacht’s summary judgement motion. However, according to the appeals court records, he failed to notify the judge as the hearing commenced, and thus the judge held the hearing and ultimately ruled for Weinacht.
