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	<title>McAllen, Texas Criminal Defense, Divorce and DWI Lawyer Johnathan Ball</title>
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	<description>McAllen Criminal Defense Lawyer Johnathan Ball&#039;s blog about the latest news and issues in criminal defense, family law and personal injury.</description>
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		<title>John Allen Rubio Sentenced</title>
		<link>http://www.johnballattorney.com/blog/?p=244</link>
		<comments>http://www.johnballattorney.com/blog/?p=244#comments</comments>
		<pubDate>Tue, 17 Aug 2010 04:54:38 +0000</pubDate>
		<dc:creator>Johnathan Ball</dc:creator>
				<category><![CDATA[McAllen Criminal Defense]]></category>
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		<description><![CDATA[Rubio appears in shackles for formal sentencing Comments 3 August 02, 2010 10:56 PM Ildefonso Ortiz Brownsville Herald BROWNSVILLE – Convicted child killer John Allen Rubio was back in court on Monday morning for a formal sentencing hearing in Cameron County. Wearing his customary white shirt and black slacks, Rubio went before 370th state District [...]]]></description>
			<content:encoded><![CDATA[<p>Rubio appears in shackles for formal sentencing<br />
Comments 3<br />
August 02, 2010 10:56 PM<br />
Ildefonso Ortiz<br />
Brownsville Herald<br />
BROWNSVILLE – Convicted child killer John Allen Rubio was back in court on Monday morning for a formal sentencing hearing in Cameron County.</p>
<p>Wearing his customary white shirt and black slacks, Rubio went before 370th state District Court Judge Noe Gonzalez for the post-trial hearing. For the first time since the trial, Rubio wore shackles during the hearing.</p>
<p>Last week, a Hidalgo County jury recommended that Rubio be executed via lethal injection after he was found guilty of four counts of capital murder for the murders of his common-law wife Angela Camacho’s three children, Julissa Quesada, 3, John Esteban Rubio, 14 months, and Mary Jane Rubio, 2 months, in 2003.</p>
<p>Gonzalez briefly stated that the sentencing documents had been changed to address a technicality. He said that Rubio would only be sentenced to death three times for the murders of the children because the fourth count was only a combination of the murders.</p>
<p>Gonzalez then sentenced Rubio to death on counts one, two and three.</p>
<p>“I have signed the judgement Mr. Rubio,” Gonzalez said. “I said my piece on Thursday; I have nothing else to say on that matter.”</p>
<p>After the sentencing, the judge notified Rubio that Nat C. Perez Jr. and Ed Stapleton would not be his attorneys for the appeal process. The representation for the process will fall on the hands of William Hubbard from McAllen and on David A. Schulman from Austin.</p>
<p>During the hearing, McAllen area attorney Jonathan Ball stood in for Hubbard, stating that he was out of town. Ball asked Gonzalez if they could hold Rubio in Cameron County for 10 days to allow time for Hubbard to return and meet with Rubio.</p>
<p>Gonzalez then ordered that Rubio be held at the Carrizalez-Rucker Detention Center until Aug. 11. He will then be transferred to the Polunsky Unit in Livingston, where he will be housed on death row.</p>
<p> Ildefonso Ortiz is a reporter for The Brownsville Herald</p>
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		<title>Mayor Ahumada arrested for DWI</title>
		<link>http://www.johnballattorney.com/blog/?p=242</link>
		<comments>http://www.johnballattorney.com/blog/?p=242#comments</comments>
		<pubDate>Tue, 17 Aug 2010 04:48:12 +0000</pubDate>
		<dc:creator>Johnathan Ball</dc:creator>
				<category><![CDATA[McAllen Criminal Defense]]></category>
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		<description><![CDATA[Brownsville Mayor Ahumada arrested for DWI Comments 99 May 11, 2010 9:47 AM By EMMA PEREZ-TREVINO, The Brownsville Herald © The Brownsville Herald Brownsville Mayor Pat M. Ahumada was arrested on one count of driving while intoxicated by Brownsville police early this morning. Ahumada confirmed his DWI arrest in an interview with The Brownsville Herald. [...]]]></description>
			<content:encoded><![CDATA[<p>Brownsville Mayor Ahumada arrested for DWI<br />
Comments 99<br />
May 11, 2010 9:47 AM<br />
By EMMA PEREZ-TREVINO, The Brownsville Herald<br />
© The Brownsville Herald</p>
<p>Brownsville Mayor Pat M. Ahumada was arrested on one count of driving while intoxicated by Brownsville police early this morning.</p>
<p>Ahumada confirmed his DWI arrest in an interview with The Brownsville Herald.</p>
<p>He was arraigned before Municipal Judge Ben Neece and released on a $3,500 personal recognizance bond.</p>
<p>&#8220;I&#8217;m disappointed about the incident,&#8221; Ahumada said, but added, &#8220;I&#8217;m not admitting to anything.&#8221;</p>
<p>Ahumada said he was driving in the early morning hours when he was stopped by police officers.</p>
<p>&#8220;I was coming from a friend&#8217;s house,&#8221; the mayor said.</p>
<p>He said he was taken to the police department, processed and taken to a city cell. &#8220;They followed the procedures. I didn&#8221;t ask for any considerations,&#8221; the mayor added. &#8220;Everybody has a job to do and I respect that,&#8221; the mayor said.</p>
<p>This is Ahumada&#8217;s third DWI arrest in a period of two decades.</p>
<p>He was first charged in July 1987 on a driving while intoxicated charge. He pleaded guilty to the charge on Feb. 26, 1988, and signed a written waiver of jury.</p>
<p>He was ordered to serve six months probation, attend 10 hours of alcohol awareness classes, abstain from consumption of alcoholic beverages and maintain automobile liability insurance. Ahumada paid $85 in court costs and a $100 fine.</p>
<p>“I had just lost my wife and daughter. I fell into depression,” Ahumada said in a 2007 interview. “I began to drink.”</p>
<p>According to funeral records, Ahumada’s wife, Adriana Gloria Ahumada, was killed in a car accident on Dec. 10, 1987. His daughter drowned in April 1986 while swimming in the family’s pool.</p>
<p>“It’s part of life, unfortunately,” he said. “Sometimes those things happen.”</p>
<p>He was arrested on another DWI charge in 2003, 10 years after he resigned from the mayor’s office to unsuccessfully seek the county judge’s seat. The charge was later dismissed.</p>
<p>For more on this developing story, stay with the Brownsville Herald.</p>
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		<title>Brownsville Woman Killed by Drunk Driver</title>
		<link>http://www.johnballattorney.com/blog/?p=240</link>
		<comments>http://www.johnballattorney.com/blog/?p=240#comments</comments>
		<pubDate>Tue, 17 Aug 2010 04:42:15 +0000</pubDate>
		<dc:creator>Johnathan Ball</dc:creator>
				<category><![CDATA[McAllen Criminal Defense]]></category>
		<category><![CDATA[McAllen Texas Criminal Defense Attorney]]></category>
		<category><![CDATA[McAllen Texas DWI Lawyer]]></category>
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		<category><![CDATA[driver]]></category>
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		<description><![CDATA[Police: woman dies after being hit by drunk driver Comments 15 August 16, 2010 12:37 PM The Brownsville Herald A 34-year-old woman is dead and her 4-year-old son remains hospitalized after the mother and child were struck by an alleged drunk driver, police reported. Edgar Reyes, 33, of Brownsville, remains in custody following his arraignment [...]]]></description>
			<content:encoded><![CDATA[<p>Police: woman dies after being hit by drunk driver<br />
Comments 15<br />
August 16, 2010 12:37 PM<br />
The Brownsville Herald<br />
A 34-year-old woman is dead and her 4-year-old son remains hospitalized after the mother and child were struck by an alleged drunk driver, police reported.</p>
<p>Edgar Reyes, 33, of Brownsville, remains in custody following his arraignment on one count of intoxication manslaughter. His bond was set at $300,000.</p>
<p>The accident happened at 11:40 a.m. Saturday at the 700 block of South Indiana. Police said Brenda Gomez and her son were standing by a mailbox when they were struck by a 1998 Chevrolet Silverado truck driven by Reyes.</p>
<p>Reyes reportedly first collided with a 2005 Volkswagen Jetta and then hit the mother and child. Gomez was pronounced dead at the scene.</p>
<p>Although Reyes fled the scene of the accident, authorities were able to track him down, police reported.</p>
<p> Reyes was “said to have been drunk at the time of the accident,” police reported. Speed is also believed to have played a factor.</p>
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		<title>La Villa Texas Mayor Arrested for Prostitution, Official Oppression</title>
		<link>http://www.johnballattorney.com/blog/?p=238</link>
		<comments>http://www.johnballattorney.com/blog/?p=238#comments</comments>
		<pubDate>Tue, 17 Aug 2010 04:36:24 +0000</pubDate>
		<dc:creator>Johnathan Ball</dc:creator>
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		<description><![CDATA[La Villa Mayor Charged with Prostitution, Official Oppression Comments 4 August 16, 2010 8:19 PM Lindsay Machak The Monitor EDCOUCH — Officials arrested La Villa Mayor Hector Elizondo on Monday morning as part of an ongoing investigation. Elizondo was arraigned on two counts of official oppression and two counts of prostitution by Judge Placido Rodriguez. [...]]]></description>
			<content:encoded><![CDATA[<p>La Villa Mayor Charged with Prostitution, Official Oppression<br />
Comments 4<br />
August 16, 2010 8:19 PM<br />
Lindsay Machak<br />
The Monitor<br />
EDCOUCH — Officials arrested La Villa Mayor Hector Elizondo on Monday morning as part of an ongoing investigation.</p>
<p>Elizondo was arraigned on two counts of official oppression and two counts of prostitution by Judge Placido Rodriguez. Though the charging documents allege Elizondo solicited a prostitute, the official charge is prostitution.</p>
<p>In a criminal complaint, a woman said Elizondo had supplied her with $10 worth of crack cocaine in exchange for sexual favors. Another said he paid her $30 dollars for oral sex several times over the past year, according to the complaint. The woman also said Elizondo would threaten to have her arrested if she didn&#8217;t do what he asked of her.</p>
<p>Eloy Cardenas, police chief in both La Villa and Edcouch, said Elizondo&#8217;s arrest was connected to a separate arrest made Monday morning. The other person’s arrest stems from a case involving narcotics and stolen property, Cardenas said.</p>
<p>More charges could be brought against Elizondo as the investigation continues, Cardenas said.</p>
<p>&#8220;As chief of police, this is hard,&#8221; Cardenas said of arresting a city official. &#8220;But it was the victims who came to our department, our office to ask for help.&#8221;</p>
<p>In the Elizondo case, one of the women who filed the criminal complaint said she had tried filing police reports in La Villa before, but nothing was done.</p>
<p>“This entire situation all started before I was chief in La Villa,” Cardenas said. “I&#8217;ve been working with my staff to investigate this matter since I started in La Villa eight months ago.”</p>
<p>The mayor’s arrest Monday came the same day that Cardenas was due in court for jury selection in his own trial on evidence tampering charges.</p>
<p>Hidalgo County sheriff’s deputies arrested the police chief in 2008, alleging he shot at his wife’s ex-husband as the man drove past his house and then buried casings from the incident in his yard. His trial is set to begin this afternoon.</p>
<p>Even though he remains under indictment for a felony crime city leaders in Edcouch have allowed him to continue in his post. Those in La Villa contracted with him to take over the department.</p>
<p>La Villa residents re-elected Elizondo to a second term in May. Many were upset at the allegations being made against the city leader.</p>
<p>Gloria Marmolejo said she was shocked when she heard that the mayor had been arrested.</p>
<p>Marmolejo, 41, of Edcouch, had Elizondo as a teacher when she was in elementary school. She said he was her favorite teacher and she cannot believe the allegations that have been brought against him.</p>
<p>“He is a good person,” Marmolejo said. “I never would ever believe that he would be involved in something with prostitution.”</p>
<p>Elizondo’s attorney, Robert J. Salinas, was also shocked Monday. Salinas serves as the La Villa city attorney, but was clear to say he was not representing Elizondo as a city official.</p>
<p>“I’m doing this as his personal attorney,” he said.</p>
<p>During the arraignment Monday, Rodriguez allowed a personal recognizance bond for Elizondo. Rodriguez said he trusts that the mayor will not skip any court proceedings.</p>
<p>“I know him very well,” Rodriguez said. “I don’t like what he did, but I know he won’t try to leave the city.”</p>
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		<title>Hidalgo County Texas Sheriff&#8217;s Deputies Find Cocaine</title>
		<link>http://www.johnballattorney.com/blog/?p=236</link>
		<comments>http://www.johnballattorney.com/blog/?p=236#comments</comments>
		<pubDate>Tue, 17 Aug 2010 04:30:32 +0000</pubDate>
		<dc:creator>Johnathan Ball</dc:creator>
				<category><![CDATA[McAllen Criminal Defense]]></category>
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		<description><![CDATA[Edinburg: Deputies find 42 pounds of cocaine Comments 1 August 16, 2010 8:45 PM NEAR WESLACO &#124; ARMED ROBBERY Sheriff&#8217;s deputies are looking for an illegal immigrant in connection with an aggravated robbery at a convenience store Sunday night. Hidalgo County sheriff&#8217;s deputies responded an alarm to the Kwik-E Mart south of Mile 12 North [...]]]></description>
			<content:encoded><![CDATA[<p>Edinburg: Deputies find 42 pounds of cocaine<br />
Comments 1<br />
August 16, 2010 8:45 PM<br />
NEAR WESLACO | ARMED ROBBERY</p>
<p>Sheriff&#8217;s deputies are looking for an illegal immigrant in connection with an aggravated robbery at a convenience store Sunday night.</p>
<p>Hidalgo County sheriff&#8217;s deputies responded an alarm to the Kwik-E Mart south of Mile 12 North along Farm-to-Market Road 1015 at about 10:30 p.m. Sunday, according to a department statement.</p>
<p>Upon arrival, the store&#8217;s clerk told deputies she had been held at gunpoint by a Hispanic man who fled south in a blue Chevrolet Trailblazer. The man took an undisclosed amount of cash, deputies said. </p>
<p>Deputies checked the SUV&#8217;s license plates, which led to a house at 3002 Clifford St., near the intersection of Mile 9 1/2 North and Mile 6 1/2 West. </p>
<p>Patrol and linebacker deputies caught up to the Trailblazer as it approached the house. A woman inside the SUV was detained, but the driver, a man, escaped. </p>
<p>The woman identified the driver as Leonardo Geronimo Zaleta, 28, who was deported in 2007 and 2008 after separate burglary arrests. </p>
<p>A tracking dog was unable to find Zaleta. </p>
<p>An arrest warrant for aggravated robbery has been issued for Zaleta. If arrested and convicted of aggravated robbery, Zaleta could spend up to life in prison and face up to a $10,000 fine. </p>
<p>Anyone who has seen Zaleta is urged to call Hidalgo County Crime Stoppers at (956) 668-8477. </p>
<p>EDINBURG | DRUG BUST</p>
<p>Hidalgo County sheriff’s deputies arrested two men allegedly found with cocaine on Sunday.</p>
<p>Investigators received a tip that a black Chevrolet Tahoe would be transporting the drugs Sunday afternoon in Edinburg, deputies said in a statement</p>
<p>A canine deputy unit pulled over a black Tahoe on traffic violations about 5 p.m. Sunday near Farm-to-Market Roads 1925 and 493.</p>
<p>Deputies attempted to arrest Juan Manuel Morales, who was driving the Tahoe, on undisclosed traffic violations. Gabriel Cedillo was a passenger in the vehicle.</p>
<p>The drug dog sniffed the SUV and 42 pounds of cocaine were found inside.</p>
<p>Both men were formally charged with possession of a controlled substance at an arraignment hearing Monday afternoon at the Hidalgo County Jail. Bond for Morales was set at $30,000. Cedillo received a $25,000 bond.</p>
<p>Because of the weight of the drugs, each man could spend up to life in prison and face up to a $100,000 fine upon conviction.</p>
<p>HIDALGO | FUGITIVES ARRESTED</p>
<p>Customs officers in Hidalgo arrested two fugitives last week who were wanted for allegedly committing an armed robbery.</p>
<p>Officers patrolling the Hidalgo International Bridge Saturday identified a Houston couple traveling into the United States as Luis Cruz, 27, and Crystal Salazar, 23 — two fugitives wanted by the Harris County Sheriff’s Office for charges stemming from an armed robbery.</p>
<p>Cruz and Salazar — both U.S. citizens— were transferred to the Hidalgo Police Department. Both are pending extradition proceedings to Harris County.</p>
<p>__<br />
Monitor staff writers Jared Taylor and Ana Ley compiled this report. </p>
<p>See archived &#8216;News&#8217; stories »</p>
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		<title>Closing Argument in a DWI Case</title>
		<link>http://www.johnballattorney.com/blog/?p=234</link>
		<comments>http://www.johnballattorney.com/blog/?p=234#comments</comments>
		<pubDate>Sat, 24 Jul 2010 03:37:22 +0000</pubDate>
		<dc:creator>Johnathan Ball</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

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		<description><![CDATA[This is a closing argument I did in a DWI case. This ended in a Not Guilty Verdict.]]></description>
			<content:encoded><![CDATA[<p>This is a closing argument I did in a DWI case.  This ended in a Not Guilty Verdict.</p>
<p><a href="http://http://www.johnballattorney.com/blog/wp-content/uploads/2010/06/dwi-closing-transcript1.pdf"></p>
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		<title>Former McAllen Mayor&#8217;s DWI Case Filed</title>
		<link>http://www.johnballattorney.com/blog/?p=218</link>
		<comments>http://www.johnballattorney.com/blog/?p=218#comments</comments>
		<pubDate>Wed, 12 May 2010 01:56:37 +0000</pubDate>
		<dc:creator>Johnathan Ball</dc:creator>
				<category><![CDATA[McAllen Criminal Defense]]></category>
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		<description><![CDATA[Former McAllen mayor&#8217;s DWI case filed Comments 74 &#124; Recommend 44 District judge&#8217;s case status unknown February 09, 2010 9:32 PM Jared Taylor The Monitor EDINBURG — Prosecutors said they filed the driving while intoxicated case of former McAllen mayor Leo Montalvo on Monday, seven months after his arrest. Meanwhile, the DWI case of Jesse [...]]]></description>
			<content:encoded><![CDATA[<h1 class="marginMidSide">Former McAllen mayor&#8217;s DWI case filed</h1>
<p><span id="comments"><a class="Article_Comment" rel="nofollow" href="http://www.johnballattorney.com/blog/wp-admin/#slComments"><strong><span style="font-size: x-small;"><span style="color: #999999;">Comments <span id="articleCommentCountArticlemonitortx35253" class="Article_Comment_Count" style="visibility: visible;">74</span></span></span></strong></a> </span>| <span id="recommendations"><span id="recommendlinkArticlemonitortx35253"><a class="Article_Recommend" rel="nofollow" href="javascript:recommendReview('Articlemonitortx35253')"><span style="font-size: x-small; color: #999999;"><strong>Recommend </strong></span></a></span><span id="articleRecommendCountArticlemonitortx35253" class="Article_Recommend_Count" style="visibility: visible;"><strong><span style="font-size: x-small; color: #999999;">44</span></strong></span> </span></p>
<div class="subhead marginMidSide">
<h2>District judge&#8217;s case status unknown</h2>
</div>
<div class="articledate marginMidSide">February 09, 2010 9:32 PM</div>
<div class="byline marginMidSide"><a href="http://www.johnballattorney.com/reporter-profile/jared-taylor-329">Jared Taylor</a></div>
<div class="source marginMidSide">The Monitor</div>
<p><!-- Video goes here --></p>
<div class="newstext marginMidSide">
<p>EDINBURG — Prosecutors said they filed the driving while intoxicated case of former McAllen mayor Leo Montalvo on Monday, seven months after his arrest.</p>
<p>Meanwhile, the DWI case of Jesse Contreras, presiding judge of the 449th state District Court in Hidalgo County, has yet to be filed in Cameron County — and prosecutors did not offer an update on its status.</p>
<p>Because the charges against the two officials are misdemeanors, prosecutors have two years after their arrests to decide whether there&#8217;s enough evidence to prosecute them.</p>
<p>Montalvo was arrested on suspicion of driving while intoxicated after a collision June 8, 2009, along Ware Road in McAllen. Police said the former mayor smelled of alcohol and slurred his words as he explained to officers that no one involved in the crash was hurt.</p>
<p>“Do you know who I am?” he asked officers, according to the police report. “Please, sir, don’t ruin my several years of public service.”</p>
<p>The case remained unfiled by Hidalgo County District Attorney Rene Guerra until Monday. <em>The Monitor</em> inquired about Montalvo’s case on Friday, when court records showed it had not yet been filed.</p>
<p>Cases such as Montalvo’s hung in limbo while other DWI arrests of lesser-known officials publicized by local media were assigned to courts more quickly.</p>
<p>For instance, McAllen police Officer Alex Alvarez was arrested on a DWI charge on July 5, 2009. His case was filed in Hidalgo County court on July 31, 2009. The case is still pending in Hidalgo County Court-at-law No. 2, after Guerra filed a motion this month to reconsider and reopen evidence that had been suppressed in the case.</p>
<p>In another case, Mission police Officer Martin Flores Villarreal was arrested June 28, 2008, after allegedly driving an unmarked Mission police vehicle while intoxicated. That case was assigned to Hidalgo County Court-at-law No. 2 on July 31, 2008, and is set to go before a jury on March 16.</p>
<p>Guerra, for his part, said he had waited to file Montalvo’s case so he could review it himself — unlike most other cases, which are reviewed by his assistant prosecutors. When asked why the case had not been filed until Monday, he said “it was a mistake” to wait on it.</p>
<p>“We had a miscommunication,” Guerra said of his assistant prosecutors. “We file those cases usually within six months.”</p>
<p>Montalvo became McAllen’s first Hispanic mayor after he defeated longtime leader Othal Brand in 1997. The victory marked a symbolic change in power locally — something Montalvo downplayed at the time.</p>
<p>A woman who answered the telephone at Montalvo’s house Monday said the former mayor would not discuss the drunken driving case with the media.</p>
<p>Contreras’ case has remained under consideration by Cameron County District Attorney Armando Villalobos’ office since September 2008.</p>
<p>Contreras, a Mercedes municipal judge at that time, was arrested on South Padre Island on Sept. 21, 2008. He was elected to the 449th state District Court later that year.</p>
<p>Police responded to a disturbance involving a patron at the Coral Reef Lounge early that Sept. 21 morning but learned the person had already left, according to <em>Monitor </em>archives. Officers obtained a vehicle description at the bar, and Contreras was pulled over about three miles south of the business with a female companion inside his vehicle.</p>
<p>Asked Friday about the status of Contreras’ case, Villalobos’ spokesman, Jason Moody, asked for an information request in writing. That request was submitted to his e-mail address. Moody has not responded to subsequent inquiries regarding the case’s status. Villalobos has until this fall to decide whether his office will prosecute Contreras’ DWI case.</p>
<p>Contreras could not be reached for comment on his cell phone Tuesday afternoon.</p>
<p>A <em>Monitor </em>analysis of Hidalgo County court records after Montalvo’s arrest revealed that since 2004, at least 20 local high-profile people had been charged with driving while intoxicated. Some of the cases are still pending in local county courts years after the initial arrest, while others were dropped without any hearings in court.</p>
<p>Of the resolved cases, 73 percent were dismissed by judges or closed when a district attorney refused to prosecute. The dismissal rate was 23 percent higher than all DWI cases in Cameron, Hidalgo, Starr and Willacy counties in the same period.</p>
<p>Other local public officials have been arrested on suspicion of drunken driving since Montalvo’s arrest — notably, Hidalgo County District Clerk Laura Hinojosa, who was arrested in December.</p>
<p>Guerra, the Hidalgo County district attorney, said his office continues to review evidence in Hinojosa’s case, adding that he has made no decision on when or whether it will be prosecuted.</p>
<p><strong>____</strong></p>
<p><strong> </strong></p>
<p><strong>Jared Taylor covers law enforcement and general assignments for <em>The Monitor. </em>You can reach him at (956) 683-4439.</strong></div>
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		<title>Hidalgo County deputy constable arrested for DWI</title>
		<link>http://www.johnballattorney.com/blog/?p=215</link>
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		<pubDate>Wed, 12 May 2010 01:52:53 +0000</pubDate>
		<dc:creator>Johnathan Ball</dc:creator>
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		<description><![CDATA[Hidalgo County deputy constable&#8217;s DWI arrest not his first Comments 76 &#124; Recommend 24 January 26, 2010 8:05 AM Jared Taylor The Monitor ALAMO — Police arrested a senior deputy constable Saturday after he allegedly lost control of his pickup truck and collided with a car driven by an elderly couple.   It was his [...]]]></description>
			<content:encoded><![CDATA[<h1 class="marginMidSide">Hidalgo County deputy constable&#8217;s DWI arrest not his first</h1>
<p><span id="comments"><a class="Article_Comment" rel="nofollow" href="http://www.johnballattorney.com/blog/wp-admin/#slComments"><strong><span style="font-size: x-small;"><span style="color: #999999;">Comments <span id="articleCommentCountArticlemonitortx34720" class="Article_Comment_Count" style="visibility: visible;">76</span></span></span></strong></a> </span>| <span id="recommendations"><span id="recommendlinkArticlemonitortx34720"><a class="Article_Recommend" rel="nofollow" href="javascript:recommendReview('Articlemonitortx34720')"><span style="font-size: x-small; color: #999999;"><strong>Recommend </strong></span></a></span><span id="articleRecommendCountArticlemonitortx34720" class="Article_Recommend_Count" style="visibility: visible;"><strong><span style="font-size: x-small; color: #999999;">24</span></strong></span> </span></p>
<div class="subhead marginMidSide"></div>
<div class="articledate marginMidSide">January 26, 2010 8:05 AM</div>
<div class="byline marginMidSide"><a href="http://www.johnballattorney.com/reporter-profile/jared-taylor-329">Jared Taylor</a></div>
<div class="source marginMidSide">The Monitor</div>
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<div class="newstext marginMidSide">
<p class="x_Bodytext" style="margin: 0in 0in 0pt;">ALAMO — Police arrested a senior deputy constable Saturday after he allegedly lost control of his pickup truck and collided with a car driven by an elderly couple.</p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;"> </p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;">It was his third DWI arrest in three years.</p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;"> </p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;">Alamo police arrested Javier Hinojosa on driving while intoxicated and intoxication assault charges Saturday evening after he allegedly lost control of his Chevrolet Silverado pickup truck and collided nearly head-on with the elderly couple’s car.</p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;"> </p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;">Saturday’s DWI arrest is the second in about four months for Hinojosa — he has an August 2009 DWI case pending in Hidalgo County Court-at-Law No. 5.</p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;"> </p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;">Precinct 2 Constable Gilbert “Chato” Alaniz said he suspended Hinojosa for one week without pay after the DWI arrest last year.</p>
<p> </p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;">Hired in June 2005, Hinojosa serves as senior deputy constable for Alaniz, who said he has been unable to talk with Hinojosa. The constable said he would conduct his own investigation into the matter to determine Hinojosa&#8217;s job status.</p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;"> </p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;">“Something is going to be done, believe me,” Alaniz said. “Something is definitely going to be done.”</p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;"> </p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;">In his latest arrest, Hinojosa, 45, was driving on the 300 block of East Business 83 in Alamo about 6:50 p.m. Saturday when he allegedly lost control of his Chevrolet Silverado pickup truck, veered into the oncoming lanes of traffic and collided with a passenger car driven by an elderly couple, said Alamo Police Chief Arturo Espinoza.</p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;"> </p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;">“It looks like he went into the oncoming traffic and they collided almost head-on,” the chief said.</p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;">Hinojosa’s 12-year-old son was riding in the pickup truck with him at the time. The boy was transported to an area hospital for observation along with the elderly couple, Espinoza said. The couple, both who are in their 70s, remained hospitalized in serious condition Monday.</p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;"> </p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;">Hinojosa, of Edinburg, refused to provide a field sobriety test, Espinoza said.</p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;"> </p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;">Oddly, Hinojosa was taken to three different hospitals — Edinburg Regional, McAllen Medical Center and Rio Grande Regional Hospital — and no blood was drawn because he refused to provide submit to a blood test, Espinoza said.</p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;">State law requires anyone arrested for driving while intoxicated who is involved in an accident that causes “serious bodily injury” or death to provide a blood specimen.</p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;"> </p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;">Hidalgo County District Attorney Rene Guerra said he has never encountered a situation where a person arrested on intoxication assault or manslaughter charges did not provide a blood sample — and the hospital complies with a suspect’s request.</p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;"> </p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;">“No one has ever had an issue,” Guerra said.</p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;"> </p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;">Police did not try to obtain a search warrant, which would have forced Hinojosa to submit to the blood test because it was the weekend, and whatever alcohol or drugs he may have consumed had left his system, the chief said.</p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;"> </p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;">“We didn’t go that route as to try and get a warrant on him,” Espinoza said. “We’re going with a refusal” to submit to a blood or breath sample.</p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;"> </p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;">Hospital officials could not be reached for comment after business hours Monday.</p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;"> </p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;">Hinojosa was formally charged with intoxication assault and driving while intoxicated with a child passenger during an arraignment Sunday in Alamo Municipal Court. Bond was set at $150,000.</p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;"> </p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;">“It’s troubling to us when those entrusted with upholding the law don’t,” said Ana Verley, a local victims’ advocate for Mothers Against Drunk Drivers. “It’s sad and disappointing that these things happen and innocent people keep getting hurt.”</p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;"> </p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;">Records detailing Hinojosa’s career before he was hired by the Hidalgo County Precinct 2 Constable Office were unavailable Monday.</p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;"> </p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;">An open records request with the Texas Commission on Law Enforcement Standards and Education, which maintains peace officers’ career histories, was not immediately returned Monday afternoon.</p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;"> </p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;">Hinojosa was also arrested in January 2006 on DWI charges that were dismissed by Hidalgo County Court-at-Law No. 5 later that year, court records state. Alaniz said he did not suspend Hinojosa at that time because he was not convicted.</p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;"> </p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;">Hinojosa had a DWI arrest dismissed from Hidalgo County Court-at-Law No. 2 in September 2003. He also had assault charges dropped in Hidalgo County Court-at-Law No. 1 in March 2002.</p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;"> </p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;">Hinojosa remained at the Hidalgo County Jail on Monday. Intoxication assault is a third degree felony that has a maximum sentence of 10 years in prison and up to a $10,000 fine upon conviction. Driving while intoxicated with a child passenger is a state jail felony that has a maximum sentence of two years in jail and up to a $10,000 fine.</p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;"> </p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;">Hinojosa is not Alaniz’s only deputy to have been arrested on suspicion of driving while intoxicated.</p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;"> </p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;">In October 2007, Hidalgo County Precinct 2 chief deputy constable Sergio Hinojosa — Javier’s younger brother — was arrested for allegedly driving while intoxicated in San Juan. That case was dropped in Hidalgo County Court-at-Law No. 1 in May 2008 due to insufficient evidence. Alaniz said he fired Sergio Hinojosa after his DWI arrest.</p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;"> </p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;">With the latest DWI arrest, Alaniz would not say whether he intends to dismiss Hinojosa. Regardless, the constable said he plans on another suspension for his senior deputy.</p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;"> </p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;">“What can I say? We all do mistakes that we regret later on in life,” Alaniz said. “It’s sad, but what can we do about it?</p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;"> </p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;">“What’s done is done, my friend.”</p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;"><strong>___</strong></p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;"> </p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;"><strong>Monitor staff writer Jeremy Roebuck contributed to this story.</strong></p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;"><strong>___</strong></p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;"><strong><br />
</strong></p>
<p class="x_Bodytext" style="margin: 0in 0in 0pt;"><strong>Jared Taylor covers law enforcement and general assignments for The Monitor. You can reach him at (956) 683-4439.</strong></p>
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		<title>Hidalgo County Sheriff&#8217;s Deputy Arrested</title>
		<link>http://www.johnballattorney.com/blog/?p=213</link>
		<comments>http://www.johnballattorney.com/blog/?p=213#comments</comments>
		<pubDate>Wed, 12 May 2010 01:49:53 +0000</pubDate>
		<dc:creator>Johnathan Ball</dc:creator>
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		<description><![CDATA[Sheriff fires sergeant arrested on DWI charge Comments 19 &#124; Recommend 4 April 22, 2010 11:44 AM Jared Taylor The Monitor EDINBURG — Hidalgo County Sheriff Lupe Treviño said he fired a deputy sergeant arrested recently on suspicion of driving while intoxicated. Treviño said he dismissed Mauricio Ramos after internal investigators found the sergeant had [...]]]></description>
			<content:encoded><![CDATA[<h1 class="marginMidSide">Sheriff fires sergeant arrested on DWI charge</h1>
<p><span id="comments"><a class="Article_Comment" rel="nofollow" href="http://www.johnballattorney.com/blog/wp-admin/#slComments"><strong><span style="font-size: x-small;"><span style="color: #999999;">Comments <span id="articleCommentCountArticlemonitortx37749" class="Article_Comment_Count" style="visibility: visible;">19</span></span></span></strong></a> </span>| <span id="recommendations"><span id="recommendlinkArticlemonitortx37749"><a class="Article_Recommend" rel="nofollow" href="javascript:recommendReview('Articlemonitortx37749')"><span style="font-size: x-small; color: #999999;"><strong>Recommend </strong></span></a></span><span id="articleRecommendCountArticlemonitortx37749" class="Article_Recommend_Count" style="visibility: visible;"><strong><span style="font-size: x-small; color: #999999;">4</span></strong></span> </span></p>
<div class="subhead marginMidSide"></div>
<div class="articledate marginMidSide">April 22, 2010 11:44 AM</div>
<div class="byline marginMidSide"><a href="http://www.johnballattorney.com/reporter-profile/jared-taylor-329">Jared Taylor</a></div>
<div class="source marginMidSide">The Monitor</div>
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<p>EDINBURG — Hidalgo County Sheriff Lupe Treviño said he fired a deputy sergeant arrested recently on suspicion of driving while intoxicated.</p>
<p>Treviño said he dismissed Mauricio Ramos after internal investigators found the sergeant had violated the sheriff&#8217;s office’s conduct policy.</p>
<p>Pharr police arrested Ramos about midnight Saturday outside Whataburger, 100 E. Expressway 83, according to the criminal complaint in the case.</p>
<p>Someone had called police after an individual nearly caused a collision in the restaurant’s parking lot, the complaint states. A “concerned citizen” in the parking lot flagged down the police officer and directed him to Ramos’ tan Toyota Tundra pickup truck.</p>
<p>Police said Ramos was improperly parked by a fence in the parking lot and appeared to be asleep behind the wheel, the complaint states.</p>
<p>Ramos had most recently been employed with the sheriff&#8217;s office since April 2005. Former sheriff Henry Escalon fired Ramos after a DWI arrest in 1999; that case was later dismissed. Treviño re-hired Ramos following that case’s dismissal and after Ramos worked as an officer in Elsa, Donna and Weslaco.</p>
<p>But the sheriff said he told Ramos upon hiring him that another arrest would likely result in his termination. Ramos has the option to appeal his firing as part of the civil service process.</p>
<p>“The dismissal has nothing to do with a conviction” in the DWI case, Treviño said. “His actions violated our official misconduct policy.”</p>
<p>____</p>
<p><strong> </strong></p>
<p><strong>Jared Taylor covers law enforcement and general assignments for <em>The Monitor. </em>You can reach him at (956) 683-4439.</strong></div>
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		<title>Brownsville Mayor Arrested for DWI</title>
		<link>http://www.johnballattorney.com/blog/?p=210</link>
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		<pubDate>Wed, 12 May 2010 01:46:50 +0000</pubDate>
		<dc:creator>Johnathan Ball</dc:creator>
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		<description><![CDATA[Michael Barajas Valley Morning Star SAN BENITO — A baby who was found unresponsive in a San Benito home last week died over the weekend after spending several days on life support, police said. The infant’s teenage aunt, who was arrested last week on charges of injury to a child, could face further charges in [...]]]></description>
			<content:encoded><![CDATA[<div class="byline marginMidSide"><a href="mailto:mbarajas@valleystar.com">Michael Barajas</a></div>
<div class="source marginMidSide">Valley Morning Star</div>
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<p>SAN BENITO — A baby who was found unresponsive in a San Benito home last week died over the weekend after spending several days on life support, police said.</p>
<p>The infant’s teenage aunt, who was arrested last week on charges of injury to a child, could face further charges in light of the child’s death, police said.</p>
<p>Police arrested Ada Marlene Rodriguez, 17, after her 4-month-old niece was rushed to Valley Baptist Medical Center in Harlingen last week when the infant’s mother found the child lying facedown in a baby carrier inside the home, unresponsive and not breathing. The child’s mother had told officers that she left her baby, Kimberly Nicolas, with Rodriguez earlier that morning.</p>
<p>San Benito police Lt. Martin Morales called the incident “suspicious” and questioned why the infant would have been turned face-down in the baby carrier.</p>
<p>After several days in intensive care, Kimberly died Sunday afternoon, Morales said. In light of the baby’s death, detectives are continuing to investigate and are working to determine whether charges against Rodriguez should be upgraded.</p>
<p>The preliminary investigation indicates the aunt was responsible for the infant’s death, Morales said.</p>
<p>“There are some facts that are coming out that are swaying things toward the 17-year-old being responsible,” he said Tuesday.</p>
<p>“They had an autopsy yesterday, so we’re still following up on it and we’re going to have to wait until we gather more facts,” Morales said. “Right now we’re just tightening up the case.”</p>
<p>Given the outcome of the investigation so far, detectives will likely send their findings to the Cameron County District Attorney’s Office with a request that additional charges be filed, Morales said.</p>
<p>“It would be a DA case, so we would have to submit our case with our findings to the DA’s office and request to have them look at it and see if there should be upgraded charges,” he said.</p>
<p>Cameron County Jail records show Rodriguez is being held there, with her bail set at $100,000, and that she has been identified as an undocumented immigrant.</p>
<p><strong>____</strong></p>
<p><strong> </strong></p>
<p><strong>Michael Barajas is a reporter for the <em>Valley Morning Star</em> in Harlingen.</strong></div>
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