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

Comments 7 | Recommend 0

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.

 

 ___

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

Comments 19 | Recommend 0

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.

June 1, 2009

Ex-Donna soccer coach disappears before receiving sexual assault sentence

Comments 9 | Recommend 3

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

Comments | Recommend

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.

May 14, 2009

Police name carnival worker as girl’s kidnapper

Police name carnival worker as girl’s kidnapper

Comments 54 | Recommend 2

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.

Powered by WordPress