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.

June 1, 2009

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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