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

December 31, 2009

Teacher arrested, accused of zip tying unruly student

Teacher arrested, accused of zip tying unruly student

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SAN JUAN — A PSJA middle school teacher was charged Thursday with restraining an 11-year-old student with zip ties.

Jose Manuel Martinez, 25, was arrested at his home about noon that day at his home on the 600 block of Bluebonnet Street in Pharr, according to San Juan Police Chief Juan Gonzalez.

Martinez was later charged with unlawful restraint of a minor at an arraignment hearing at the San Juan Municipal Court. He remains incarcerated at the city jail in lieu of a $20,000 bond.

According to a police affidavit in the case, the boy’s mother told staff at Austin Middle School in San Juan that Martinez had tied the student’s hands with zip ties as he sat in a chair during in-school suspension Dec. 11. The victim’s mother told police Martinez tied the child and prevented him from going to the nurse’s office after he complained of having trouble breathing.

A woman who was present during the incident told police the student had used vulgar language and threatened to run out of class, the statement said. The woman also said the boy became violent and began hitting his hands against walls, refusing to do his assigned class work. She told police the child was tied for about five minutes — this was the third time the boy had been restrained in this manner.

A spokesperson with the Pharr-San Juan-Alamo Independent school district did not return messages left Thursday afternoon.

Unlawful restraint of a child is a state jail felony. If Martinez is convicted, he could be incarcerated for up to two years and forced to pay a $10,000 fine.

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

Mission Texas police officer suspended after DWI arrest

Mission police officer suspended after DWI arrest

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SAN JUAN — A Mission police officer has been suspended indefinitely after a Saturday morning arrest for allegedly driving an unmarked police car while drunk, officials said.

This is at least the third arrest on suspicion of driving while intoxicated for Officer Martin Flores Villarreal, 40, of Mission, and at least his second while driving an unmarked Mission police car, according to court records and Trooper Johnny Hernandez, a local spokesman for the Texas Department of Public Safety.

The first two charges, in 2004 and 2006, were both dismissed, court records indicate.

Villarreal is suspended from the department indefinitely and without pay following his latest arrest, said Lt. Martin Garza, a Mission police spokesman. The accused officer has the right to appeal the suspension.

State troopers arrested Villarreal about 2:30 a.m. Saturday along the eastbound frontage road of Expressway 83 near the intersection with Raul Longoria Road, according to Hernandez.

Villarreal apparently was stopped on suspicion of a traffic violation, which Hernandez refused to detail. The Mission police officer failed a field sobriety test and was taken to the Hidalgo County Sheriff’s Office, where a breath test indicated his blood alcohol concentration was twice the legal limit, Hernandez said.

Under Texas law, any driver with a BAC of 0.08 percent or higher is considered intoxicated.

Three other passengers in the car — two women and another Mission police officer — did not appear to be intoxicated and were not detained, Hernandez said.

Villarreal, who was arraigned at the sheriff’s office on a charge of driving while intoxicated, posted the state-mandated $502 bond and was released sometime Saturday morning, according to the sheriff’s office.

Mission police Chief Leo Longoria could not be reached for comment.

This was at least the second time this year an officer with a local law enforcement agency was arrested on suspicion of driving while intoxicated.

Hidalgo County Sheriff’s Deputy Sergio Salaiz De Hoyos, 36, was arrested in mid-February in Donna. He resigned after Sheriff Lupe Treviño suspended him with pay. His case is pending in Hidalgo County Court-at-law No. 4

De Hoyos had at least one prior DWI arrest in 1990. Court records indicate he was convicted and completed a DWI education program.

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Sean Gaffney covers law enforcement and general assignments for The Monitor. He can be reached at (956) 683-4434.

Hidalgo County District clerk arrested for alleged drunken driving

District clerk arrested for alleged drunken driving

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The Monitor

EDINBURG – Hidalgo County District Clerk Laura Hinojosa disputed allegations Sunday that she was driving while intoxicated when pulled over by a state trooper earlier that morning.

Authorities arrested the 43-year-old elected official after she failed multiple field sobriety checks during a traffic stop just after 1 a.m. near the intersection of North “I” and El Dora roads in San Juan, said Texas Department of Public Safety Spokesman Johnny Hernandez.

As of late Sunday afternoon, Hinojosa had been booked and released from the Hidalgo County jail, where she refused to take a Breathalyzer test.

“I honestly did not think I was not fit to drive or else I wouldn’t have,” she said, adding that she plans to fight the charge in court.

Hinojosa, the daughter of U.S. Rep Rubén Hinojosa, D-Mercedes, was first elected in 2006 to the position that oversees filings for all of the county’s state district courts.

She replaced former District Clerk Omar Guerrero, who faced a DWI arrest of his own in 2005. Those charges were later dropped after an Hidalgo County jury cleared him of unrelated charges stemming from a consensual sexual relationship he was accused of having with a minor.

Hinojosa launched her campaign for a second term in office earlier this month.

Driving while intoxicated is a Class B misdemeanor for a first-time offender. If convicted, she could face up to six months in the county jail and $2,000 in fines.

“It’s really just an awful situation,” Hinojosa said. “I humbly ask for the respect of my family’s privacy. I appreciate everybody’s support.”

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Jeremy Roebuck covers courts and general assignments for The Monitor. He can be reached at (956) 683-4437.

Jennifer L. Berghom covers education and general assignments for The Monitor. She can be reached at (956) 683-4462.

 

Correction: An earlier version of this story contained an error. Hidalgo County District Clerk Laura Hinojosa oversees the county’s state district courts. The county clerk oversees the county’s courts-at-law. The online version of the story has been changed to reflect the correct information.

The Monitor strives to accurately report the news in Hidalgo County and the Rio Grande Valley. Please report any errors of fact to the reporter whose byline appears on the story.

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