McAllen, Texas Criminal Defense, Divorce and DWI Lawyer Johnathan Ball

May 26, 2009

Border Patrol Getting Bigger Marijuana Busts In Hidalgo County

BP: Frequency, size of marijuana seizures keep climbing

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McALLEN — The frequency and size of marijuana seizures in the Rio Grande Valley continues to grow significantly compared to last year, the U.S. Border Patrol announced this week.

During the week of May 11 to May 17, for example, the agency’s Rio Grande Valley sector confiscated more than nine tons of marijuana compared to 3.8 tons during the same time period in 2008.

Agents conducted 60 seizures that week, according to a Border Patrol news release.

Officials attributed the 71 percent increase in narcotics seizures to increased manpower and a better infrastructure to prevent drug smuggling.

“Our ability to detect and apprehend is higher,” said Border Patrol spokesman John Lopez.

The Border Patrol seized more marijuana in the first six months of 2009 than in all of 2008, said Daniel Doty, a local Border Patrol spokesman.

Lopez said smugglers also appear to be smuggling larger quantities into the United States because of added patrols by the Mexican government.

“They’re taking larger risks,” Lopez said.

The largest seizure of the week occurred in Rio Grande City when agents found 3,883 pounds of marijuana inside an abandoned truck.

The driver of the truck had led agents on a chase away from the Rio Grande before ditching the vehicle and fleeing on foot.

Agents found more marijuana scattered throughout a nearby dilapidated shed.

Also last week, agents seized 1,454 pounds of marijuana from two separate vehicles after each was seen leaving the Rio Grande area.

In total, agents seized 18,159 pounds of marijuana with an estimated street value of about $14.5 million.

The drugs were turned over to the Drug Enforcement Administration.

The Rio Grande Valley sector has nine stations stretching from Brownsville to Corpus Christi.

Ana Ley covers law enforcement and general assignments for The Monitor. She can be reached at (956) 683-4428.

Large Marijuana Bust in Pharr, Texas

Police bust 1,600 pounds of marijuana at Pharr truck stop

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The Monitor

PHARR — Police busted more than 1,600 pounds of marijuana at a truck stop here last weekend.

The bust happened Saturday afternoon at the Silver Spur Truck Stop, 2705 N. Cage Boulevard, after a police canine unit was patrolling the parking area, Pharr police said in a statement.

The dog alerted police of a strong narcotics odor emanating from a black 2001 Freightliner Tractor and a white 1998 Freuhauf trailer parked at the truck stop. The vehicle and trailer were unoccupied, police said.

Officers took the tractor trailer to the Pharr-Reynosa International Bridge port of entry, where it was x-rayed and 96 bundles of marijuana weighing 1,677 pounds were discovered inside.

The drug bust remains under police investigation

May 20, 2009

Mexican soldiers arrest two Rio Grande City men on drug charges

Mexican soldiers arrest two RGC men on drug charges

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The Monitor

GUARDADOS DE ABAJO, TAMPS. — Mexican military soldiers arrested two Rio Grande City men after a chase led to a house here that had more than 2,300 pounds of marijuana stashed inside, officials said.

The Mexican 91st Infantry Batallion was patrolling an area Monday along the Rio Grande near the town of Guardados de Abajo, across the river and southeast of Escobares, according to a statement from the Mexican Secretary of National Security.

Soldiers said they saw a vehicle near the river and five people nearby, with two of them carrying rifles. When the group saw the soldiers, they scattered, officials said.

The soldiers followed three of the people to two nearby homes, where authorities found 2,300 pounds of marijuana wrapped in 133 packages.

Authorities arrested Jesus Alberto Lopez Garcia, 28, of Rio Grande City; Alejandro Garcia Lopez, 24, of Rio Grande City; and Cesar Ivan Moreno Lopez, 20, of Guardados de Abajo, Tamps.

Soldiers also seized four vehicles and two motorcycles during the incident.

McAllen DWI Lawyer

Progreso city manager arrested on drunk driving charges

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The Monitor

PROGRESO — Authorities arrested City Manager Alfredo Espinosa late Tuesday night after he was allegedly driving drunk in a city vehicle.

Investigators with the Hidalgo County District Attorney’s Office were serving subponeas about 10:30 p.m. Tuesday in Progreso when they said they witnessed a Chevrolet Tahoe roll through a stop sign at the intersection of Sky Soldier and Malone streets, said District Attorney Rene Guerra.

The DA’s investigators pulled over the SUV and inside they found Espinosa with an opened container of beer alongside a six pack inside the vehicle, Guerra said. He added that the Tahoe is a municipal vehicle.

Deputies with the Hidalgo County Precinct 1 Constable’s Office alongside Hidalgo County Sheriff’s deputies assisted during the traffic stop.

Espinosa was transported to the Hidalgo County Jail and is set to be charged with driving while intoxicated.

Tuesday night’s DWI arrest is not the first for Espinosa.

Court records show an Hidalgo County judge sentenced Espinosa to six months of probation after he pleaded no contest to a DWI charge in June 2007.

Postal inspectors looking for four narcotics suspects in McAllen

Postal inspectors looking for four narcotics suspects

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The Monitor

McALLEN — Area U.S. Postal Inspectors are looking for four men believed to reside near Alton who are suspected of a shipping narcotics through the mail.

The four men are wanted on federal charges related to possession with intent to distribute a controlled substance and using the U.S. Postal Service, to distribute controlled substances.

Investigators say they are looking for:

>> Concpcion Gonzalez, 38, a Hispanic man who stands 5 feet 8 inches tall, weighs 230 pounds, has black hair and brown eyes. Gonzalez has tattoos on his back, left shoulder, left hand, right shoulder, abdominal muscles, left calf and chest.

>> Roman Vasquez-Mendez, 29, a Hispanic man who stands 5 feet 7 inches tall, weighs 160 pounds, has brown hair and brown eyes. Vasquez-Mendez has tattoos on his left hand, chest, right arm, abs, left forearm, upper left arm and upper right arm. Vasquez-Mendez is nissing his right foot, inspectors said.

>> Tomas Silva, 31, a Hispanic man who stands 6 feet tall, weighs 300 pounds, has brown hair and brown eyes.

All three men are known to reside near Alton or Mission, inspectors said.

Inspectors also are looking for Eduardo “Lalo” Garcia Quijano, who is described as Hispanic, stands 5 feet 5 inches tall, weighs 210 pounds and has short black hair.

Anyone with information on the whereabouts of these men is encouraged to contact the local U.S. Postal Inspectors office in McAllen at (956) 871-1721. Callers may be eligible for a reward of up to $50,000 for information that leads to the arrest and conviction of anyone who uses the mail to distribute narcotics.

May 17, 2009

Three Starr County crack dealers convicted

Three Starr County crack dealers convicted

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The Monitor

McALLEN — Three members of a crack-cocaine distribution ring that operated in Starr County have pleaded guilty to felony drug trafficking charges.

Sentencing for all three defendants is scheduled for Aug. 7 before U.S. District Judge Ricardo Hinojosa, who accepted the guilty pleas Friday and convicted each defendant.

Sergio Alvarez-Rodriguez, 25, of Roma, admitted to selling a total of more than 70 grams of crack cocaine to an undercover agent on four occasions in late December 2007 and early January 2008.

Co-defendant Sigifredo Alvarez, 26, of Rio Grande City, admitted to delivering 15.2 grams of a controlled substance on behalf of Alvarez-Rodriguez on Dec. 3, 2007.

Francisco Mireles, 50, of Roma, admitted to delivering 23 grams of cocaine base on behalf of Alvarez-Rodriguez on Jan. 23, 2008.

All deliveries were made to an undercover agent.

Alvarez-Rodriguez faces no less than 10 years in prison, a $4 million fine and a five-year term of supervised release. Alvarez and Mireles face no less than five years in prison, a $2 million fine and a four-year-term of supervised release.

All three defendants have been in federal custody since their arrest in January 2009 following the unsealing of the indictment charging them with the federal drug trafficking offenses. They are to remain in custody pending sentencing.

The investigation leading to the charges against them was conducted by the U.S. Drug Enforcement Administration in cooperation with the Starr County Sheriff’s Office, Roma and Rio Grande City police, the Starr County High Intensity Drug Trafficking Area Task Force and investigators with the Starr County district attorney’s office.

Assistant U.S. Attorney Juan F. Alanis is prosecuting the case.

May 14, 2009

Two Handy co-defendants plead guilty

Two Handy co-defendants plead guilty

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The Monitor

McALLEN — Two women told a federal judge Wednesday that they helped Hidalgo County Precinct 1 Commissioner Sylvia Handy fleece taxpayers out of more than $111,000.

Maria de los Angeles Landa de Hernandez, 27, pleaded guilty to one count of conspiracy and conceded she collected a county paycheck while working as Handy’s personal housekeeper and babysitter over a period of five years. During that time, Hernandez did no actual government work and did not have legal status to work in the country.

Eloisa Andrade Uriegas, a 58-year-old McAllen schools employee, said she loaned Hernandez her Social Security number so as not to draw attention on personnel records.

Their court hearing Wednesday marks the first admissions of guilt in an investigation that has hounded Hidalgo County’s first elected female commissioner for more than two years.

But Handy continued to assert her innocence, and her attorney questioned the motives of her co-defendants.

Under a plea agreement with federal prosecutors, both Hernandez and Uriegas have agreed to cooperate in the ongoing case. The government will likely recommend a reduced sentence for both women should their assistance prove useful.

“People who are guilty plead guilty,” said Al Alvarez, Handy’s lawyer. “We haven’t because we’re not guilty. I really think you have to look at what these women are getting in exchange for their guilty pleas.”

FBI agents arrested Handy, 52, and her 35-year-old husband, Juan Gabriel Espronceda, at their Weslaco home April 2. Both stand accused of multiple counts of conspiracy and harboring illegal immigrants.

According to a 76-page indictment, Handy put Hernandez and another illegal immigrant who remains unindicted in the case on her Precinct 1 payroll under assumed names. Although both were granted jobs as maintenance workers, prosecutors allege neither did any work in the office for the thousands of dollars in pay and benefits they received.

Hernandez, who received a government paycheck up until January 2006, even received several sham promotions and used part of her salary to make regular $600 loan payments to the bank that held Handy’s mortgage on a plot of land the commissioner had purchased in Mercedes, the indictment states.

Hernandez finally gave up her position more than a year before a county audit raised questions about payroll practices in Handy’s office.

Handy’s former attorney – Ralph Martinez – has previously said Hernandez worked in the commissioner’s home but that Handy had no knowledge of the woman’s immigration status. He said his client later helped the woman find a legitimate county job after she left the commissioner’s household.

Alvarez, Handy’s current attorney, said Wednesday evening that he was not yet familiar enough with the case to back Martinez’s statements.

“The truth always comes out in court,” he said. “We look forward to the chance to tell our side of the story.”

Hernandez and Uriegas each face up to 10 years in prison at a sentencing hearing scheduled for later this year.

Handy and Espronceda are set to face a jury next month.

Ex-La Grulla chief sentenced for soliciting sex from teen

Ex-La Grulla chief sentenced for soliciting sex from teen

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The Monitor

RIO GRANDE CITY — Former La Grulla police chief Alfredo Hernandez was convicted of sexually soliciting a minor Wednesday and will now have to register as a sex offender.

A Starr County jury sentenced the ex-top cop to 10 years probation and a $5,000 fine after deliberating for more than five hours.

Hernandez was indicted in May 2008 after a La Grulla Middle School student reported the chief approached her on campus a month earlier and publicly asked her for oral sex.

While no one else came forward to report the alleged encounter, the girl’s testimony was bolstered by several other witnesses at trial, said District Attorney Heriberto Silva, whose jurisdiction includes Starr County.

“The little girl was upset by the whole thing,” he said. “She almost didn’t come to court. He’s a police officer and he was sitting there the whole time.”

Both Hernandez and his attorney did not return after-hours calls for comment Wednesday but had previously alleged the accusations were politically motivated.

The name of Hernandez’s accuser has been withheld because it is The Monitor‘s policy not to identify victims of sex crimes

Police name carnival worker as girl’s kidnapper

Police name carnival worker as girl’s kidnapper

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The Monitor

HIDALGO — Police have released the name of the man they believe kidnapped a 4-year-old Hidalgo girl on Tuesday night.

Christian Elijalee McMillan, a 23-year-old California carnival worker who was living in Mercedes was arrested late Wednesday night after police found little Lesley Estefania Perez, more than 24 hours after she was taken.

Lesley was taken to Knapp Medical Center in Weslaco, where she was checked for signs of injury or abuse.

Authorities would not clarify whether there were signs of sexual assault, but family members confirmed that she had not been abused during her day with McMillan. The only sign of injury appears to be red marks around Lesley’s wrists, from when she was tied up during the kidnapping.

McMillan did not know the girl or her family before taking the little girl, Hidalgo police said at a press conference this morning. Police said McMillan likely took Lesley with intentions to sexually assault her. (Click here to view video from Thursday’s press conference)

Police found McMillan and Lesley at a rented farm near Mercedes. They were watching the farm when he came outside without realizing they were there and they arrested him.

McMillan had a history as a sexual predator, police said and had cased the neighborhood for three days before grabbing the little girl, who is now back with her family. Nobody reported the suspicious activity to police.

“We have to keep our eyes open,” said John Johnson, who heads the McAllen FBI office.

Lesley’s 12-year-old sister Brianda proved to be critical to the kidnapping investigation. She was the one tried to protect Lesley and  wrestled with McMillan before he took the 4-year-old from her grip. The description she gave investigators matched McMillan’s profile and the white F-150 was found at the farm, partially painted with primer as if he were trying to disguise the vehicle, authorities said.

“She was an incredibly informative witness for us,” Johnson said.

Arnold Schwarzenegger: it’s high time to review marijuana law

Filed under: Uncategorized — Tags: , , , , , , , , — Johnathan Ball @ 2:45 pm

Arnold Schwarzenegger: it’s high time to review marijuana law

Arnold Schwarzenegger has never apologised for smoking pot – and loving it — at the height of his bodybuilding career in the 1970s. Now, as a struggling Republican governor of California reaching a crossroads in his political career, he might yet become America’s most visible advocate for legalising marijuana.

The actor-turned-politician gladdened the heart of every joint-roller and dope fiend across the Golden State earlier this week when he said it was time for a full debate on legalisation.

Schwarzenegger was careful not to say too much – he stopped shorting of saying he was in favour of legalising cannabis now – but his words broke a long-standing taboo among both Republicans and Democrats who have previously felt obliged to say marijuana must remain illegal, and marijuana users and pushers be subject to criminal prosecution.

The governor spoke in response to a new public opinion poll showing that 56% of registered voters in California favour legalising and taxing marijuana – in part to help the state out of the worst budget crisis in its history. The state faces a shortfall of billions of dollars a year because of the bad economy, and public services from schools to hospitals to fire-fighting services are under mounting threat.

Asked if he too favoured legalisation, Schwarzenegger told reporters: “Well, I think it’s not time for that, but I think it’s time for a debate. I think all of those ideas of creating extra revenues [are worth considering] … I think we ought to study very carefully what other countries are doing that have legalised marijuana and other drugs. What effect did it have on those countries?”

The redwood forests of northern California are famous for their marijuana cultivation, creating an underground economy that has continued to thrive despite America’s decades-long war on drugs. The Golden State has been a leading rebel against the federal government’s strict interdiction policies, becoming the first of 14 US states to allow marijuana for medical use as far back as 1996.

Legalisation, however, has never been a serious part of the agenda.

The most immediate effect of the governor’s comments is likely to be a boost for a legalisation bill recently introduced in the state assembly by a San Francisco liberal Democrat called Tom Ammiano. Such bills pop up every few years and are almost always ignored or defeated, but this one may just be different now.

“I look forward to working with the governor and my colleagues in the effort to be the first state in the nation to enact commonsense policy on marijuana,” an elated Ammiano said. His proposed system of legalising and taxing marijuana would raise an estimated $1.3bn a year in tax revenue alone, according to state legislative analysts. The savings in law enforcement and incarceration costs could be many billions more.

Schwarzenegger may feel he has little to lose. He feels out of step within an increasingly rigid, increasingly hardline conservative Republican party, and the economic crisis in California has pushed his popularity ratings below 40%.

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