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

May 11, 2010

Brownsville Mayor Arrested for DWI

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.

December 31, 2009

Hidalgo County District clerk arrested for alleged drunken driving

District clerk arrested for alleged drunken driving

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The Monitor

EDINBURG – Hidalgo County District Clerk Laura Hinojosa disputed allegations Sunday that she was driving while intoxicated when pulled over by a state trooper earlier that morning.

Authorities arrested the 43-year-old elected official after she failed multiple field sobriety checks during a traffic stop just after 1 a.m. near the intersection of North “I” and El Dora roads in San Juan, said Texas Department of Public Safety Spokesman Johnny Hernandez.

As of late Sunday afternoon, Hinojosa had been booked and released from the Hidalgo County jail, where she refused to take a Breathalyzer test.

“I honestly did not think I was not fit to drive or else I wouldn’t have,” she said, adding that she plans to fight the charge in court.

Hinojosa, the daughter of U.S. Rep Rubén Hinojosa, D-Mercedes, was first elected in 2006 to the position that oversees filings for all of the county’s state district courts.

She replaced former District Clerk Omar Guerrero, who faced a DWI arrest of his own in 2005. Those charges were later dropped after an Hidalgo County jury cleared him of unrelated charges stemming from a consensual sexual relationship he was accused of having with a minor.

Hinojosa launched her campaign for a second term in office earlier this month.

Driving while intoxicated is a Class B misdemeanor for a first-time offender. If convicted, she could face up to six months in the county jail and $2,000 in fines.

“It’s really just an awful situation,” Hinojosa said. “I humbly ask for the respect of my family’s privacy. I appreciate everybody’s support.”

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Jeremy Roebuck covers courts and general assignments for The Monitor. He can be reached at (956) 683-4437.

Jennifer L. Berghom covers education and general assignments for The Monitor. She can be reached at (956) 683-4462.

 

Correction: An earlier version of this story contained an error. Hidalgo County District Clerk Laura Hinojosa oversees the county’s state district courts. The county clerk oversees the county’s courts-at-law. The online version of the story has been changed to reflect the correct information.

The Monitor strives to accurately report the news in Hidalgo County and the Rio Grande Valley. Please report any errors of fact to the reporter whose byline appears on the story.

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