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

May 11, 2010

Teen Murder Suspect May Face More Charges

Valley Morning Star

SAN BENITO — A baby who was found unresponsive in a San Benito home last week died over the weekend after spending several days on life support, police said.

The infant’s teenage aunt, who was arrested last week on charges of injury to a child, could face further charges in light of the child’s death, police said.

Police arrested Ada Marlene Rodriguez, 17, after her 4-month-old niece was rushed to Valley Baptist Medical Center in Harlingen last week when the infant’s mother found the child lying facedown in a baby carrier inside the home, unresponsive and not breathing. The child’s mother had told officers that she left her baby, Kimberly Nicolas, with Rodriguez earlier that morning.

San Benito police Lt. Martin Morales called the incident “suspicious” and questioned why the infant would have been turned face-down in the baby carrier.

After several days in intensive care, Kimberly died Sunday afternoon, Morales said. In light of the baby’s death, detectives are continuing to investigate and are working to determine whether charges against Rodriguez should be upgraded.

The preliminary investigation indicates the aunt was responsible for the infant’s death, Morales said.

“There are some facts that are coming out that are swaying things toward the 17-year-old being responsible,” he said Tuesday.

“They had an autopsy yesterday, so we’re still following up on it and we’re going to have to wait until we gather more facts,” Morales said. “Right now we’re just tightening up the case.”

Given the outcome of the investigation so far, detectives will likely send their findings to the Cameron County District Attorney’s Office with a request that additional charges be filed, Morales said.

“It would be a DA case, so we would have to submit our case with our findings to the DA’s office and request to have them look at it and see if there should be upgraded charges,” he said.

Cameron County Jail records show Rodriguez is being held there, with her bail set at $100,000, and that she has been identified as an undocumented immigrant.

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Michael Barajas is a reporter for the Valley Morning Star in Harlingen.

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.

 

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

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.

May 14, 2009

Ex-La Grulla chief sentenced for soliciting sex from teen

Ex-La Grulla chief sentenced for soliciting sex from teen

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The Monitor

RIO GRANDE CITY — Former La Grulla police chief Alfredo Hernandez was convicted of sexually soliciting a minor Wednesday and will now have to register as a sex offender.

A Starr County jury sentenced the ex-top cop to 10 years probation and a $5,000 fine after deliberating for more than five hours.

Hernandez was indicted in May 2008 after a La Grulla Middle School student reported the chief approached her on campus a month earlier and publicly asked her for oral sex.

While no one else came forward to report the alleged encounter, the girl’s testimony was bolstered by several other witnesses at trial, said District Attorney Heriberto Silva, whose jurisdiction includes Starr County.

“The little girl was upset by the whole thing,” he said. “She almost didn’t come to court. He’s a police officer and he was sitting there the whole time.”

Both Hernandez and his attorney did not return after-hours calls for comment Wednesday but had previously alleged the accusations were politically motivated.

The name of Hernandez’s accuser has been withheld because it is The Monitor‘s policy not to identify victims of sex crimes

Police name carnival worker as girl’s kidnapper

Police name carnival worker as girl’s kidnapper

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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.

May 10, 2009

Local lawyer Johnathan Ball assists in polygamist sect case

Local lawyer, child welfare staff assist in polygamist sect case

McALLEN – Johnathan Ball’s career was defending clients in minor civil suits and criminal charges – until he found himself involved in the largest child welfare case in state history.

The 31-year-old McAllen lawyer is representing one of hundreds of children removed from a West Texas polygamist compound earlier this month on allegations that youths there were at risk of being forced into underage marriage.

What he thought would be a single issue case has evolved into an intricate legal conundrum, calling into question whether a parent’s beliefs can constitute abuse.

“I knew it was going to be strange,” he said last week. “But the whole case has become more complex than I thought it would.”

More than 400 children were removed April 8 from the Yearning for Zion compound near San Angelo. Residents at the ranch – run by members of a Mormon splinter organization called the Fundamentalist Church of Jesus Christ Latter Day Saints – marry off underage girls to older men within their group.

State child-welfare authorities raided the property after an anonymous phone caller claiming to be a 16-year-old girl told a family violence shelter she had been beaten and raped by her 49-year-old husband. While recent developments have cast doubt on that original tip, investigators say they have found evidence of physical and sexual abuse at the ranch.

To accommodate the massive legal and investigative effort, several Hidalgo County lawyers like Ball responded to a request for legal aid and took on the hundreds of child custody cases that sprung.

Ball – who works for the Griffith & Garza law firm in McAllen – headed to San Angelo two weeks ago to meet with his 5-year-old client. At the time, Child Protective Services was temporarily holding the children at the San Angelo Coliseum. Entering required a police escort and a brief medical examination, Ball said.

“I think (the compound’s former residents) were interested in all these people coming in with files and suits,” Ball said.

Dozens of CPS investigators and caseworkers from across the state had convened on the facility to take individual statements from family members. 

While an exact number was not immediately available, several of the child welfare support staff came from Hidalgo County CPS offices, the agency’s Corpus Christi-based spokesman John Lennan said.

“They’re all trained to the same standards as they would be in Houston, San Antonio or Dallas,” he said. “They’re doing the same thing there they would do here, so they were able to hit the ground running.”

Ball’s young client seemed relatively at ease.

“He’s a really outgoing kid – very smart,” he said. “The whole time he was playing with a Matchbox car. He seemed very comfortable around his mom.”

While Ball feels confident that in his particular case the child’s best interest would be to place him back with his family, he could face a steep fight drawing individual attention to his case.

A chaotic mass custody hearing last week glommed all the cases together. And after more than 20 hours of testimony, state District Judge Barbara Walther decided to place all the children in state custody, promising individual hearings by June 5.

For Ball and his client, that new hearing date can’t come soon enough. For now, his young client is staying in a foster-care facility – its exact location not publicly identified.

“To me, the most important thing is to get in front of a judge with my child and my parents,” he said. “From there, everyone has a different opinion.”

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Jeremy Roebuck covers courts and general assignments for The Monitor. You can reach him at (956) 683-4437.

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