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

March 19, 2010

San Juan Texas Shooting Over Marijuana Smoking

During argument over pot smoking, man shoots neighbor

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The Monitor

UPDATED

 

SAN JUAN — A man was shot in the back after confronting his neighbors about smoking marijuana near his young children, police said.

The 32-year-old man was transported to McAllen Medical Center, where he is expected to recover from non life-threatening injuries.

The pot problem began on Saturday when the man confronted the three men about smoking marijuana in the open on the 900 block of Shufford Street, apparently visible to the man’s young children, San Juan Police Chief Juan Gonzalez said.

That day, one of the suspects apparently flashed a pistol and threatened his neighbor.

The dispute turned violent Thursday afternoon when he confronted them again.

The three men allegedly began punching the man outside their house at 913 Shufford St., the chief said. The neighbor fell to the ground. The three neighbors passed around a small-caliber pistol until one of them shot the prone man in the back.

Police said the three suspects, 22-year-old Michael Arroyo, 17-year-old Noe Sifuentes and a 16-year-old juvenile, remained on the run and are members of a local street gang. Gonzalez said investigators believe the trio is hiding in the Pharr-San Juan area and are armed and dangerous. The trio fled the area by the time police arrived minutes later.

Canine units from McAllen and Palmview searched the area. Officers are searching several other locations in the area where the suspects — believed to be armed and dangerous — may be hiding, Gonzalez said.

Neighbor Joe Pineda, who said he is friends with the victim, was pruning tree branches in his yard when he heard the gunshot.

“I heard my friend say, ‘You shot me!”’ said Pineda, 76.

The neighborhood along Shufford Street normally is quiet and most neighbors amicably greet each other, Pineda said. The shooting victim would regularly have cookouts in his yard with his family, he said.

Pineda said the only recent problem that bothers him and his neighbors is the public marijuana smoking across the street.

“They smoke pot all night in there,” he said. “We have never had these problems.”

 

 >> Anyone with information about the shooting or the suspects is urged to contact San Juan Crime Stoppers at (956) 283-9477.

 

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Jared Taylor covers law enforcement and general assignments for The Monitor. You can reach him at (956) 683-4439.

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.

October 4, 2009

Survivor mourns sisters’ deaths after expressway rollover

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The Monitor

PHARR — The two vehicles paced each other as they headed north along Expressway 281 just before dusk Monday.

Esther Hernandez rode in the front passenger seat while her twin sister, Mary, was behind the wheel. Their brother, Raul, and their kid sister, April, sat in the back. The family was headed to Esther’s apartment in Edinburg.

But suddenly, Esther told her sister to watch out for the red Chevrolet that crossed into their lane. Mary swerved to the right, then left, then right again before losing control of the white Ford Explorer.

“We just started flipping,” the 20-year-old Esther said Thursday afternoon. “It was just so fast — up and down, up and down — until we landed.”

Raul called out for Esther. And Esther screamed for her twin sister.

“She wouldn’t answer,” Esther said. “There was blood on the street. I saw my baby sister in the middle of the expressway.”

Esther crawled out of the mangled SUV and ran to check on April.

Other motorists stopped to help them. The fifth-grader was able to nod and wiggle her fingers, they told Esther. The little girl seemed OK.

But the driver of the red Chevrolet was nowhere to be seen, Esther said.

Pharr police said Mary died on impact. April was not OK after all and succumbed to her injuries as an ambulance took her to McAllen Medical Center.

“I don’t know what she was doing,” Esther said of the other driver. “She left. She didn’t stop.”

Esther and her 16-year-old brother came out of the crash with relatively minor scrapes and bruises.

The past week has been a bloody one on Hidalgo County roads. In addition to the Hernandez sisters, three others have died in auto wrecks, including a father and daughter killed Friday and a woman who was killed in a head-on collision on Sept. 26.

The worst can happen when drivers are careless on the highway, said Trooper Johnny Hernandez, a local spokesman for the Texas Department of Public Safety.

“It’s people not paying attention,” he said of the driver who left the scene of the crash that killed the two sisters. “They’re not paying attention to their destination. They’re not paying attention to their driving.”

The driver of the red Chevrolet car that presumably caused Monday’s wreck turned herself in at the Pharr Police Department late Tuesday evening, investigators said. Police have withheld her identity and continue to investigate the crash.

“She admitted that she was the (driver of the other) vehicle, because she was there,” Lt. Guadalupe Salinas, a Pharr police spokesman, said last week.

Whether she will face any charges and what they may be remain to be seen.

“I would want at least for the cops to do something,” Esther said. “She caused the accident. Why would she run and not try helping us? It was her fault.”

Authorities regularly cite drivers for reckless driving and other traffic violations that could otherwise result in what occurred along the expressway at the Nolana exit Monday, Hernandez said. Drivers cited for reckless driving typically say they weren’t paying attention.

“We get distracted with our cell phone, with our radio, eating, whatever,” Hernandez said. “It’s something where these distractions need to be avoided.”

On Thursday, the family of the two dead sisters greeted hundreds of mourners who gathered to pay their last respects at an open-casket wake.

Esther described her twin as “always friendly” and “a friend to everyone.” April, their younger sister, was “super strong” and a proficient student.

“She hadn’t even experienced anything,” Esther said.

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Jared Taylor covers law enforcement and general assignments for The Monitor. You can reach him at (956) 683-4439.

September 27, 2009

Pharr woman dies in head-on collision

Filed under: Uncategorized — Tags: , , , , , , , , , , , — Johnathan Ball @ 9:32 am
The Monitor

ALTO BONITO — A Pharr woman died in a head-on collision here on Expressway 83 early Saturday morning.

Julia Reyes, 53, and her husband were traveling east about 6:18 a.m. when a Chevrolet pickup traveling on the wrong side of the road collided with them, said Johnny Hernandez, a spokesman for the Texas Department of Public Safety. Reyes’ husband was taken to McAllen Medical Center and treated for multiple injuries. He was listed in stable condition late Saturday.

The driver of the Chevrolet pickup was taken to Rio Grande Regional Hospital in McAllen and treated for abdominal pains. The vehicle’s three passengers sustained only minor cuts.

Police are waiting for the results of a blood test to determine if the truck’s driver, Reynosa resident Miguel Aleman, was intoxicated.

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Nick Pipitone covers McAllen and general assignments for The Monitor. He can be reached at (956) 683-4446.

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