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

June 1, 2009

Guerrero divorce to be made official, though he wasn’t present

Filed under: McAllen Texas Divorce Lawyer — Tags: , , , , , , , , — Johnathan Ball @ 4:31 pm

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EDINBURG — A judge is scheduled to make former Hidalgo County district clerk Omar Guerrero’s divorce official today, even though the disgraced politician failed to appear in court Monday for a final hearing.

 

Guerrero, 30, has been on the run since Mission police issued an arrest warrant Dec. 6 in connection with the sexual assault of a minor. FBI agents and Texas Rangers are investigating reports he may have fled to Mexico.

 

His attorney withdrew from the divorce case Monday, citing his inability to contact his client. Guerrero’s presence was not necessary to make the divorce official because he is considered a fugitive.

 

Under the conditions of the divorce, Guerrero is required to pay $500 per month in child support. The judge ordered the child support to be retroactive, dating to November 2006.

 

His former wife, Karina, 28, was granted custody of their sole child, a young daughter. Guerrero and his parents were granted visitation rights for the child every other week. His former wife asked that her last name be changed from Guerrero to Gonzalez, her maiden name.

 

Since Guerrero was not in court, it is unclear how he will pay child support. His former wife can file a complaint with the court to recover the money if he is delinquent making payments.

 

Guerrero first drew unwanted attention in November 2005, when he was arrested in connection with marijuana possession and driving under the influence. In September 2006, he appeared in court in connection with a misdemeanor assault charge his wife filed against him.

 

None of the cases have gone to trial yet.

 

——

 

Andres R. Martinez covers courts and general assignments for The Monitor. He can be reached at (956) 683-4434.

Ex-Donna soccer coach disappears before receiving sexual assault sentence

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EDINBURG — An Hidalgo County jury sentenced Donna High School’s former soccer coach to 13 years in prison Friday for sexually assaulting one of his team members two years ago.

But 33-year-old Edgar Flores did not show up to court to learn his fate.

Visiting Judge Fred Hinojosa issued an arrest warrant Friday afternoon after the ex-teacher failed to appear at the sentencing phase of his trial – a day after jurors convicted him on one count of sexual assault and two counts of having an improper relationship with a student.

“This is not a laughing matter,” said Assistant District Attorney Catarina Alvarado. “This is not a joke. He did not show up today because he was scared.”

But Flores’ attorney – David Higdon – cautioned against assuming that his client had fled to avoid incarceration. His family members, who testified at the trial, said they had last seen him early Friday morning and worried something might have happened to him since then.

“He’s been here every single day,” Higdon said. “We’ve had at least 10 pretrial hearings. This is extremely out of character.”

Prosecutors alleged Flores gave an underage male team member beer, waited for him to pass out and then forced oral sex upon him while the two were spending time together in a car wash parking lot near the intersection of Business 83 and Val Verde Road.

Several witnesses reported seeing Flores and the teen drinking together at the car wash – a popular hangout for team members – on the night of Nov. 17, while others reported seeing them there the next morning.

Flores, who had worked for the district for four years prior to his arrest, took over the varsity soccer team’s top coaching job that season. He also taught Spanish at the high school, but has been suspended since then.

The then 17-year-old, whose name has been withheld because he is the victim of sexual assault, has since graduated from the high school and is currently attending college, Alvarado said.

As of late Friday night, Flores remained at large

Rio Grande City coach charged with sexually assaulting student

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The Monitor

A Rio Grande City coach was arrested Friday and charged with sexually assaulting a student.

Erasmo Montalvo, 41, coaches the high school’s successful girls’ varsity track team. The school district placed him on an administrative suspension with pay Friday while the Starr County District Attorney investigates allegations that he fondled and assaulted one of his athletes last year.

The allegations were only recently reported to the Starr County District Attorney’s Office, DA Heriberto Silva said.

The alleged victim has since graduated, according to Superintendent Roel Gonzalez.

“There was an option of (charging him with) sexual assault, or (of) doing improper relationship between teacher and student,” DA Heriberto Silva said Monday. They chose a more serious charge, he said, because “she did allege fondling and sexual assault.”

He would not elaborate on what specifically Montalvo is alleged to have done, but did say that the charge covers multiple incidents, only some of which took place on school grounds.

The Monitor does not identify alleged victims of sexual assault. The young woman’s family refused to confirm the charges or to comment when contacted Monday.

Montalvo was arraigned before 229th District Court Judge Alex Gabert Friday afternoon and released on a $12,500 personal recognizance bond.

Montalvo did not respond to a message left on his cell phone Monday afternoon, and his attorney Baldemar Garza did not return a call seeking comment.

Montalvo is also a physical education teacher at North Grammar Elementary School, according to the district’s Web site.

Sara Perkins covers Mission, western Hidalgo County, Starr County and general assignments for The Monitor. She can be reached at (956) 683-4472.

Border Patrol picks up a wheelbarrow full of drugs

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The Monitor

RIO GRANDE CITY — Maybe they should have tried harvesting the sorghum instead.

U.S. Border Patrol agents arrested three men Thursday afternoon after they said they saw them pushing a wheelbarrow full of marijuana from the Rio Grande near La Grulla.

When the agents approached the men about 3:30 p.m. Thursday, they bailed on their load and fled into nearby brush, agents said in a statement. Agents searched the area and took three men into custody.

The 20 bricks of marijuana inside the wheelbarrow weighed about 223 pounds and carried an estimated value of $178,400, agents said. A photo of the wheelbarrow taken by agents at the scene shows the load standing beside a sorghum field.

The drugs were turned over to the Starr County High Intensity Drug Trafficking Area task force.

To report suspicious activity, contact the Border Patrol’s Rio Grande Valley sector at 1-800-863-9382.

Sotomayor preps for Senate courtship

Filed under: Texas Criminal Defense — Tags: , , , , , , , , , , — Johnathan Ball @ 4:13 pm

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The Associated Press

WASHINGTON (AP) — Venturing into a tradition of protocol and politics, Supreme Court nominee Sonia Sotomayor prepared Monday to greet the senators who will decide her judicial future as control of her Supreme Court journey shifts to Capitol Hill.

One week after President Barack Obama introduced her to the nation, Sotomayor on Tuesday starts private, informal meetings with key Senate leaders of both parties. So begins the choreographed march the White House hopes will land her on the nation’s highest court, perhaps for decades to come.

Quietly but aggressively, a White House team loaded with confirmation veterans is working daily to help Sotomayor and promote the narrative that Obama began: a seasoned federal judge who overcame hardship as a youngster and would deliver justice that reflects respect for the law but an understanding of real life.

Republicans, though, are poised to push Sotomayor about whether she would put her own views above the law and rule as an “activist.”

Sotomayor was at the White House on Monday, consulting with White House attorneys and going over her Senate questionnaire. Her response to the document – an extensive survey of her life, public statements, rulings and political activities – is expected soon.

Beyond the Senate meet-and-greets, Sotomayor is likely to spend most of her week at the White House.

The judge herself is staying mum in public, as is custom. News photographers could cover her White House visit Monday, but reporters could not.

Barring a huge surprise, she is expected to be confirmed. Democrats control 59 seats in the Senate, where a majority vote is needed for confirmation.

On Tuesday, Sotomayor is expected to visit 10 senators, including Majority Leader Harry Reid, D-Nev.; Minority Leader Mitch McConnell, R-Ky.; Sen. Patrick Leahy, D-Vt., the chairman of the Judiciary Committee; and Sen. Jeff Sessions of Alabama, the panel’s top Republican.

She’s also slated to meet with the No. 2 Democrat and Republican, Sen. Dick Durbin, D-Ill., and Jon Kyl, R-Ariz., and to lunch privately with Sen. Chuck Schumer, D-N.Y., a Judiciary member and her unofficial chaperone during the confirmation process.

The roughly half-hour, closed-door meetings – known as “courtesy calls” – are as important for the courtly tone they set for the beginning of the Senate’s debate on Sotomayor as for the few moments of candid conversation they offer senators and the nominee. A more substantive and freewheeling discussion of her record and past will come with the impending release of the detailed questionnaire, which will likely yield fodder for her supporters and detractors.

Sotomayor, 54, would replace retiring Justice David Souter.

First, she’ll have to meet with many of the senators who get to vote on her confirmation. Her Tuesday visits include two Judiciary members, Sen. Dianne Feinstein, D-Calif., and Sen. Orrin G. Hatch, R-Utah, as well as home-state Sen. Kirsten Gillibrand, D-N.Y.

The White House has not identified any one person to shepherd Sotomayor’s confirmation, but rather a team of insiders working on her behalf. They are helping her with the questionnaire, prepping her for her hearings, reaching out to Capitol Hill and working on strategies to stay on message in the media.

The team meets each morning and evening with Obama’s chief of staff, Rahm Emanuel, and senior Obama adviser David Axelrod.

Leading the group is Cynthia Hogan, chief counsel to Vice President Joe Biden. She was Biden’s lead counsel when he was chairman of the Judiciary Committee during the Senate confirmation reviews of justices Ruth Bader Ginsburg and Stephen Breyer.

Other key members are Ron Klain, Biden’s chief of staff, chief counsel of Judiciary during the confirmation hearings of justices Clarence Thomas and David Souter; White House counsel Greg Craig and deputy counsel Cassandra Butts, both heavily involved in Sotomayor’s vetting; White House associate counsel Susan Davies, who served as top counsel to the Judiciary Committee under Leahy; deputy communications director Dan Pfeiffer, who oversaw the media rollout of Sotomayor’s nomination; and Stephanie Cutter, a strategist seasoned in Senate politics, campaigns and the Clinton White House.

The administration is reaching outside for help, too. Ricki Seidman, who held senior roles in the Clinton White House and worked for the Obama campaign as a top aide to Biden, is coordinating the White House’s message with those of supportive interest groups.

Obama wants the Senate to confirm Sotomayor before its August vacation. The White House formally started the clock Monday, sending her nomination to the Senate.

Leahy on Monday stepped up his calls for quick Judiciary Committee hearings, saying the sessions are Sotomayor’s only opportunity to respond to harshly worded criticism by prominent Republicans such as talk-show host Rush Limbaugh and former House Speaker Newt Gingrich.

Both have called Sotomayor a racist for 2001 comments in which she said the decisions of a “wise Latina” judge would be superior to those of a white male. Limbaugh on Friday compared choosing her to tapping a former Ku Klux Klan leader for the job.

In a conference call with reporters, Leahy said: “I’ll give everyone plenty of time to read all her cases and prepare for it. But I’m not going to sit around and wait forever and just have these attacks go on, be unanswered.”

Democrats hope the incendiary remarks by some Republicans outside Congress will enhance their chances of getting GOP senators, who have been much more tempered in their comments, to agree to a swift timetable for her confirmation. That could mean hearings as early as the first full week of July.

But McConnell seemed to suggest that was unlikely.

“Judge Sotomayor has a long record and it will take a long time to get through it,” the GOP leader said Monday on the Senate floor.

Major accident on expressway in Mission, Texas

Filed under: Uncategorized — Tags: , , , , , , , , , , , — Johnathan Ball @ 4:10 pm

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MISSION — A major accident involving at least one vehicle is slowing westbound traffic along Expressway 83 in Mission, police said.

The accident occurred about 4:30 p.m. Monday along westbound Expressway 83 near the Holland Avenue exit, Mission police Sgt. Jody Tittle said.

Tittle said at least one person is injured. Motorists are advised to avoid the area and seek alternate routes.

Police: Man tried to rape 13-year-old babysitter

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McALLEN – Police arrested a man who allegedly tried to rape a 13-year-old girl who was babysitting his children.
The girl told police Edwin Auner Morales, 23, tried forcing himself on her at his home, on the 2000 block of West Business 83 late last month.
According to a police affidavit in the case, the girl was holding one of his wife’s babies when he approached her and told her that he wanted to have sex with her.
The girl told the man she did not want to have sex with him because he was married but Morales insisted, the record states.
Morales told the girl he was having marital problems and grabbed her by the arms while she was still carrying the child.
The victim said she kicked and pushed him away before she walked into his bedroom and placed the baby on the bed, according to the affidavit.
Morales then pushed her on the bed and got on top of her while the baby lay beside them.
The babysitter said she got up, picked the baby up from the bed and tried handing it to Morales to distract him.
Instead of taking the child, Morales insisted that he wanted to have sex with the girl, the record states.
The victim said she then kicked him on the legs and pushed him to the ground as she carried the infant. While he struggled to stand up, she placed the baby back on the bed and left the home.
On Wednesday, Morales confessed that he tried having sex with the girl against her will and he acknowledged that he knew she was a minor during the incident, the affidavit states.
As of Friday night, he remained at the Hidalgo County Jail in lieu of a $30,000 bond.
Morales was charged with attempted aggravated sexual assault, a second-degree felony punishable by up to 20 years in prison and a possible fine of $10,000.

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

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