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

August 16, 2010

John Allen Rubio Sentenced

Rubio appears in shackles for formal sentencing
Comments 3
August 02, 2010 10:56 PM
Ildefonso Ortiz
Brownsville Herald
BROWNSVILLE – Convicted child killer John Allen Rubio was back in court on Monday morning for a formal sentencing hearing in Cameron County.

Wearing his customary white shirt and black slacks, Rubio went before 370th state District Court Judge Noe Gonzalez for the post-trial hearing. For the first time since the trial, Rubio wore shackles during the hearing.

Last week, a Hidalgo County jury recommended that Rubio be executed via lethal injection after he was found guilty of four counts of capital murder for the murders of his common-law wife Angela Camacho’s three children, Julissa Quesada, 3, John Esteban Rubio, 14 months, and Mary Jane Rubio, 2 months, in 2003.

Gonzalez briefly stated that the sentencing documents had been changed to address a technicality. He said that Rubio would only be sentenced to death three times for the murders of the children because the fourth count was only a combination of the murders.

Gonzalez then sentenced Rubio to death on counts one, two and three.

“I have signed the judgement Mr. Rubio,” Gonzalez said. “I said my piece on Thursday; I have nothing else to say on that matter.”

After the sentencing, the judge notified Rubio that Nat C. Perez Jr. and Ed Stapleton would not be his attorneys for the appeal process. The representation for the process will fall on the hands of William Hubbard from McAllen and on David A. Schulman from Austin.

During the hearing, McAllen area attorney Jonathan Ball stood in for Hubbard, stating that he was out of town. Ball asked Gonzalez if they could hold Rubio in Cameron County for 10 days to allow time for Hubbard to return and meet with Rubio.

Gonzalez then ordered that Rubio be held at the Carrizalez-Rucker Detention Center until Aug. 11. He will then be transferred to the Polunsky Unit in Livingston, where he will be housed on death row.

Ildefonso Ortiz is a reporter for The Brownsville Herald

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.

October 11, 2009

Man confesses to killing wife, burying her in yard

The Monitor

ALAMO — Nearly six months after he allegedly killed his wife, Jose Perez walked into the San Juan Police Department, flagged down an officer and confessed.

With no investigators on his trail and no evidence pointing in his direction, the construction worker in his early 50s told police Friday that he strangled his wife in May and buried her in the backyard of their home northeast of Alamo, San Juan Police Chief Juan Gonzalez said.

“He committed a heinous act. He committed murder,” the chief said. “I think it was just laying on his conscience.”

Hidalgo County sheriff’s deputies unearthed the badly decomposed body of Agapita Perez, 48, nearly eight hours later, after her husband led them through the crime scene.

In the months leading up to her slaying, Jose Perez had argued with his wife over his suspicion that she was cheating on him with a man in Reynosa, according to the account he gave police.

The couple called sheriff’s deputies to their home on the 8000 block of Jam Square Road four times from February to May to referee disputes between them. But on May 24, their argument turned fatal, Hidalgo County Sheriff Lupe Treviño said.

Not knowing their mother’s fate, the couple’s children asked sheriff’s deputies to check on their parents four days after she died.

Investigators visited the couple’s home but eventually called off their search when one of the couple’s sons said he had talked to his father on the phone and thought he heard his mother’s voice in the background.

“(Jose Perez) told him that they were in Reynosa and working out their problems,” the sheriff said. “There was no reason to believe they were in any danger.”

But by Friday, something had triggered Jose Perez’s guilt.

He first asked one of his sons to take him to the Donna Police Department just before 8 a.m. For some unknown reason, he changed his mind and asked to be driven to San Juan, said Gonzalez, the city’s police chief.

“He didn’t confess to his son,” he said. “He just told him that he had done something really bad and couldn’t live with it anymore.”

Because the house is outside city limits, the sheriff’s office was called in to take over the case.

Deputies spent much of the afternoon milling around the Perez family property waiting for a search warrant to dig up the earth. With Jose Perez by their side, they entered the backyard just before 2 p.m.

One of the man’s sons — looking on from behind crime scene tape — burst through a gate on an adjacent property to catch a glimpse of what his father would reveal, but family members eventually dragged him back behind police lines.

Investigators hope an autopsy of Agapita Perez’s body will corroborate much of her husband’s story. Without it, little evidence exists beyond his confession to convict him of murder, they said.

As of late Friday night, Jose Perez remained in the Hidalgo County Jail pending an arraignment hearing this afternoon where he is expected to be charged with murder.

Should he be convicted, he could face up to life in prison and a fine of up to $10,000.

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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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September 26, 2009

Gang member faces possible death sentence for college grad’s murder

The Monitor

EDINBURG — Nearly four years after his daughter’s murder, Sergio Cavazos finally allowed himself to breathe easy knowing her killer would not go free.

He choked back tears minutes after an Hidalgo County jury convicted 26-year-old gang member Mario Quintanilla in the woman’s 2005 slaying.

“I believe in God. I believe in justice,” Cavazos said. “And I believe that Larissa is looking down on us right now.”

Jurors took more than seven hours Thursday to find Quintanilla guilty of capital murder, setting off a second phase of the trial in which they will decide today whether or not to sentence him to death.

Their decision comes after an eight-day trial in which two of Quintanilla’s fellow members of the Hermanos Pistoleros Latinos gang described a detailed jailhouse confession of how he killed 23-year-old Larissa Cavazos.

Prosecutors allege Quintanilla and several other men broke into the woman’s Edinburg apartment during the early morning hours of Dec. 21, 2005, believing it to be a cocaine stash house. When they were unable to find any drugs, they beat her, shot her and left her to die.

An aspiring speech pathologist, the woman had graduated from the University of Texas-Pan American only days before her death and had a job interview in Brownsville scheduled for that morning.

While she had no known association to drugs, investigators believe another gang member had taken Quintanilla to her apartment days before the botched home invasion to purchase cocaine from a drug dealer attending a party there.

It took Edinburg police more than a year to link the slaying back to Quintanilla and his accomplices, but not before they investigated Larissa Cavazos’ boyfriend for the death.

Eventually, officers traced a cell phone taken from her apartment to a home Quintanilla and his accomplices frequented in McAllen. And once they started looking into his background, they uncovered a network of potential gang witnesses.

Two gang members told jurors this week that after Quintanilla had been charged with the murder, he described the woman’s death in vivid detail while confined in the Hidalgo County Jail. Their testimony corroborated much of the evidence police found at the crime scene, said Cregg Thompson, an Hidalgo County Assistant District Attorney.

“In order to catch bigger criminals, sometimes you have to go through little criminals,” he said.

But Quintanilla’s defense team questioned the trustworthiness of those gang members. Both men were serving sentences of their own for unrelated crimes and stood to gain by helping police solve the murder case, attorney Sergio Valdez said.

“From the moment (the state) got up there and made their opening statements, they were selling fear,” he said. “The evidence they presented doesn’t support these lying convicts.”

Prosecutors had hoped that testimony from Quintanilla’s accomplice — 33-year-old Alfredo “Fro” Gutierrez Valdez — would clinch a guilty verdict. In February, Valdez abruptly ended his trial for Cavazos’ murder by agreeing to plead guilty and accept a life sentence in exchange for a promise he would testify against his fellow gang member.

But when he was called to the stand last week, he refused to answer questions about his or Quintanilla’s involvement. It remains unclear what action the state could take against him for breaking his plea agreement.

Quintanilla now faces either a life sentence or the death penalty — the only two options available for a capital murder conviction. Jurors are expected to reconvene this morning to hear testimony in the punishment phase of his trial.

But as Sergio Cavazos left the courtroom late Thursday night, the bereaved father looked forward to the chance to finally address his daughter’s killer.

“That man has to pay for what he did to our family,” he said. “And he will pay.”

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

Man convicted of murder tells family he’s willing to die

Man convicted of murder tells family he’s willing to die
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September 25, 2009 6:56 PM
Jeremy Roebuck
EDINBURG — A gang member convicted of killing a Harlingen woman told her family Friday he was willing to die for the crime if it would help assuage their grief.

While maintaining his innocence in the murder of 23-year-old Larissa Cavazos, Mario Quintanilla said that through punishment he might find redemption for other mistakes he had made.

“I’ve never really done anything good with my life,” the 26-year-old said, biting back tears. “If my being punished — in whatever way — can help, maybe that’s the one good thing I can do.”

Quintanilla’s statements Friday came during the punishment phase of his capital murder trial. On Thursday, an Hidalgo County jury found him guilty of the 2005 slaying.

Throughout the nine-day trial, prosecutors have alleged he burst into Cavazos’ Edinburg apartment on Dec. 21 of that year looking for drugs he believed to be stashed there. When he found nothing, he shot her, beat her and left her to die.

Although Cavazos had no known links to narcotics, investigators believe Quintanilla and another gang member purchased cocaine at her apartment a few days prior to the slaying from a man attending a party there.

One other man has pleaded guilty to helping Quintanilla in the crime. Charges against two other suspects were dropped for lack of evidence.

On Friday, Cavazos’ family members testified she had graduated from the University of Texas-Pan American with a speech pathology degree only days before her death. She had a job interview lined up in Brownsville the morning she was murdered.

With speech wracked by sobs, her mother, Norma, led jurors through a slideshow of family photos from the young woman’s life.

“It scares me. It scares me so much,” she said. “It’s so hard for me to be away from her.”

Quintanilla agreed that Cavazos had a promising life ahead of her.

Testifying against the advice of his family, he blamed his different path on the circumstances of his upbringing as prosecutors challenged him on his long criminal history and affiliation with the Hermanos Pistoleros Latinos prison gang.

While Cavazos lived in an affluent neighborhood with a supportive family, he was brought up in an area where gangs were your family, he said.

“I’ve come to know her through the trial — in a way,” he said. “She didn’t deserve to die. She was going somewhere. She was doing something with her life.

“I only wish I could have done something similar with mine.”

Because he was convicted of capital murder, jurors have two options in deciding Quintanilla’s sentence: life in prison or the death penalty. They are expected to reconvene Monday to begin deliberating his fate.

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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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