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

May 11, 2010

Hidalgo County Sheriff’s Deputy Arrested

Sheriff fires sergeant arrested on DWI charge

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The Monitor

EDINBURG — Hidalgo County Sheriff Lupe Treviño said he fired a deputy sergeant arrested recently on suspicion of driving while intoxicated.

Treviño said he dismissed Mauricio Ramos after internal investigators found the sergeant had violated the sheriff’s office’s conduct policy.

Pharr police arrested Ramos about midnight Saturday outside Whataburger, 100 E. Expressway 83, according to the criminal complaint in the case.

Someone had called police after an individual nearly caused a collision in the restaurant’s parking lot, the complaint states. A “concerned citizen” in the parking lot flagged down the police officer and directed him to Ramos’ tan Toyota Tundra pickup truck.

Police said Ramos was improperly parked by a fence in the parking lot and appeared to be asleep behind the wheel, the complaint states.

Ramos had most recently been employed with the sheriff’s office since April 2005. Former sheriff Henry Escalon fired Ramos after a DWI arrest in 1999; that case was later dismissed. Treviño re-hired Ramos following that case’s dismissal and after Ramos worked as an officer in Elsa, Donna and Weslaco.

But the sheriff said he told Ramos upon hiring him that another arrest would likely result in his termination. Ramos has the option to appeal his firing as part of the civil service process.

“The dismissal has nothing to do with a conviction” in the DWI case, Treviño said. “His actions violated our official misconduct policy.”

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

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.

May 10, 2009

Buffalo Wild Wings restaurant sued for wrongful death

Buffalo Wild Wings restaurant sued for wrongful death

Minneapolis / St. Paul Business Journal

The mother of a victim in a car accident has sued a Buffalo Wild Wings Grill and Bar in Texas for wrongful death and negligence.

Ercilia Norrid, whose 18-year-old daughter Adreanna was killed, claimed in the lawsuit that employees of the bar served Michael Nason too many drinks on the night of October 14. After leaving the bar, Nason was driving south in the northbound lane near Electra, Texas, in a pickup truck when he had a head-on collision with a car that contained Norrid and 16-year-old Courtney Mengwasser. His blood alcohol level was 0.27. The driver of the car, Alyssa Willeford, was critically injured and Nason, Mengwasser and Norrid were all killed.

The lawsuit, which names Wingsport, the company that manages the Buffalo Wild Wings in Wichita Falls, Texas, asks for $7 million and other damages.

Michael Burton, president of Wingsport, said in a statement, “We just want to say that our hearts and prayers go out to each family member and friend impacted by this tragedy. We cannot comment on the lawsuit other than to say we have cooperated fully with the TABCs investigation, and are confident the facts will show Buffalo Wild Wings should not have been named in the lawsuit.”

Buffalo Wild Wings (NASDAQ:BWLD) is a St. Louis Park-based restaurant chain with 439 restaurants in 37 states.

May 1, 2009

Hydroxycut Causes Liver Damage

FDA: Dieters should stop Hydroxycut use now
By RICARDO ALONSO-ZALDIVAR, Associated Press Writer – Fri May 1, 11:55 AM PDT

WASHINGTON – Government health officials warned dieters and body builders Friday to immediately stop using Hydroxycut, a widely sold supplement linked to cases of serious liver damage and at least one death.

The Food and Drug Administration said the maker of the dietary supplement has agreed to recall 14 Hydroxycut products. Available in grocery stores and pharmacies, Hydroxycut is advertised as made from natural ingredients. At least 9 million packages were sold last year, the FDA said.

Dr. Linda Katz of the FDA’s food and nutrition division said the agency has received 23 reports of liver problems, including the death of a 19-year-old boy living in the Southwest. The teenager died in 2007, and the death was reported to the FDA this March.

Other patients experienced symptoms ranging from jaundice, or yellowing of the skin, to liver failure. One received a transplant and another was placed on a list to await a new liver.

There was no immediate comment from the U.S. distributor of the diet pill, Iovate Health Sciences, headquartered near Buffalo, N.Y. Made by a Canadian company, Hydroxycut is used by people trying to shed pounds and by body builders to sharpen their muscles.

Dietary supplements aren’t as tightly regulated by the government as medications. Manufacturers don’t need to prove to the FDA that their products are safe and effective before they can sell them to consumers. But regulators monitor aftermarket reports for signs of trouble, and in recent years companies have been put under stricter requirements to alert the FDA when they learn of problems.

Katz said it has taken so long to get a handle on the Hydroxycut problem because the cases of liver damage were rare and the FDA has no authority to review supplements before they’re marketed. “Part of the problem is that the FDA looks at dietary supplements from a post-market perspective, and an isolated incident is often difficult to follow,” she said.

The FDA relies on voluntary reports to detect such problems, and many cases are never reported, officials acknowledge.

Health officials said they have been unable to determine which Hydroxycut ingredients are potentially toxic, partially because the formulation of the products has changed several times. A medical journal report last month raised questions about one ingredient, hydroxycitric acid, derived from a tropical fruit. The article said it could potentially damage the liver.

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