County Attorney Press Releases : Arrest

16-Year Old Male Accused In The “Op Nightclub Beating” Certified To Be Charged As An Adult

edominguez — Fri, 02 Sep 2011 23:02:00 GMT

El Paso County Attorney Jo Anne Bernal confirmed today that a local 16-year-old male accused of Aggravated Assault with a Deadly Weapon will be charged as an adult after a District Court Judge agreed to certify him to stand trial as an adult.

The allegations stem from a May 7 incident in which 22-year-old Lionel Martinez was brutally beaten by a group of men outside the Old Plantation night club in downtown El Paso.

According to the El Paso Police Department "the victim was outside the club waiting for a ride when a verbal confrontation began between the victim and six others males at 12:20 a.m., Saturday, May 7, 2011. The confrontation became physical with the six males punching, kicking, and eventually using a bat to hit the victim."

Mr. Martinez was transported to University Medical Center (UMC) in critical condition but has since then been released.

On Wednesday August 31, 2011, after hearing the facts of the case, 65th District Court Judge Yahara Lisa Gutierrez certified the juvenile to face charges in the adult criminal justice system.

As a consequence of the certification, the juvenile will remain at the Juvenile Probation Department's (JPD) Detention Facility awaiting trial. The County Attorney's Office has transferred the case to the District Attorney's Office for prosecution, and they are expected to present the case to a grand jury next week.

Adult certification of a juvenile offender is reserved for the most serious criminal cases. In approving the certification the judge considers four factors:

Whether the alleged offense was against a person or property, with greater weight in favor of transfer given to offenses against the person.
The sophistication and maturity of the child.
The record and previous history of the child.
The prospects of adequate protection of the public and the likelihood of the rehabilitation of the child by use of procedures, services, and facilities currently available to the juvenile court.

In this case, the court weighed all the factors and determined that it was appropriate to certify. The juvenile is now subject to the full range of penalties available in adult criminal system.

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OP Beating Adult Certification Press Release.pdf

Remodeler Receives Enhanced Punishment For Engaging In Deceptive Practices

edominguez — Mon, 09 Aug 2010 19:49:00 GMT

El Paso County Attorney Jo Anne Bernal today announced the sentencing of an El Paso resident accused of engaging in Deceptive Business Practices.

On August 6, 2010, 31-year-old Jesus Piña pled guilty to one count of committing a Deceptive Business Practice, a crime of dishonesty punishable by up to one year in jail and/or a fine not to exceed $4,000. However, Piña will serve 2 years in prison because the County Attorney's Office presented evidence that Piña is a habitual offender.

The County Attorney's Office requested County Court at Law #7 Judge Robert Anchondo to run Mr. Piña's sentence consecutively with another one year sentence that was imposed the same day on another Deceptive Business case.

In order to obtain the enhanced punishment, Assistant County Attorney Arne Schonberger demonstrated in court that, since 1999, Piña has accumulated 11 convictions for engaging in various felonies and misdemeanors.

It was presented to the Court that Piña would receive from victims thousands of dollars in upfront payments for construction jobs he never finished. The Court ordered restitution of $4,800 and $9,000 on the two cases today. Upon completion of his sentence, Mr. Piña is scheduled to be surrendered to immigration authorities for possible deportation.

El Paso County Attorney Jo Anne Bernal expressed her satisfaction on the outcome of the case.

"My office takes our responsibility of protecting El Paso consumers from unscrupulous contractors and con-artists very seriously. This case is another example of my office's willingness to consider every available legal resource to bring justice to the victims," Bernal said.

"If you are planning on doing renovations or improvements to your home, do your homework before hiring anyone. It is highly recommended that you first check the contractor's references and business record with the Better Business Bureau and with our office," Bernal added.

Homeowners can also look up on the County's website at www.epcounty.com/records the criminal and civil case histories of prospective contractors.

"In addition to researching your contractor, it is important to lay out when monies will be paid. Consumers must be very cautious when paying money up front. Once the consumer has given money to an unscrupulous contractor, it is very difficult for us to get it back. This is why we recommend the public not pay the complete amount of the contract until after the job is finished, and the homeowner is satisfied with the quality of the work," Bernal concluded.

The El Paso County Attorney's Office warns consumers against paying out large down payments and only if necessary, scheduling ‘progress payments' -periodic payments made only after designated portions of work have been satisfactory completed.

Residents who might have fallen victims of fraud or deceptive business practices are asked to contact the Criminal Section of the County Attorney's Office at 546-2050.

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Pina Sentence Press Release.pdf

Tornillo Resident Sentenced For Deceptive Sale Of Horses

edominguez — Fri, 14 May 2010 15:20:00 GMT

El Paso County Attorney Jo Anne Bernal today announced the sentencing of a resident of Tornillo accused of Deceptive Business Practices.

This morning 38-year-old Pedro Buentello pled guilty to 1 count of committing a Deceptive Business Practice, a crime of dishonesty punishable by up to one year in jail and/or a fine not to exceed $4,000.

According to the police complaint, on September 11, 2008 Buentello offered to sell the victim 45 horses for $2,850. A handwritten contract was signed and the victim paid Buentello $1,400, but the horses were never delivered and the money was never returned.

After accepting the guilty plea, County Court at Law #1 visiting Judge John L. Fashing sentenced Buentello to 300 days in jail.

"The County Attorney's Office is committed to protect consumers from unscrupulous salesmen who prey on unsuspecting and trusting citizens of this community," said El Paso County Attorney Jo Anne Bernal.

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Deceptive Sale of Horses Press Release.pdf

Contractor Sentenced For Deceptive Business Practices (De Campo)

edominguez — Fri, 14 May 2010 15:15:00 GMT

El Paso County Attorney Jo Anne Bernal today announced the sentencing of an East-side remodeler accused of Deceptive Business Practices.

This morning 33-year-old Maiam De Campo received the maximum possible sentence after pleading guilty to 1 count of committing a Deceptive Business Practice, a crime of dishonesty punishable by up to one year in jail and/or a fine not to exceed $4,000.

According to the police complaint, on April 28, 2007 De Campo charged an east-side home owner almost $5,200 to remodel a bathroom, however the job was never done.

After accepting the guilty plea, County Court at Law #7 Judge Thomas Spieczny sentenced De Campo to 365 days in jail.

Additionally, De Campo pled guilty to a Class "A" Theft by Check charge after writing insufficient funds checks to two employees of his business "Maiam's Title and Construction." Those payroll checks were cashed by a local business that suffered the loss. De Campo was sentenced to a second 365 day concurrent sentence for the theft by checks.

El Paso County Attorney Jo Anne Bernal said this maximum sentence of one year in jail should serve as a message to others to deliver what they promise in the market place."

"Consumers and businesses alike suffer the loss of fraud." said Jo Anne Bernal.

"Our office prosecutes individuals who defraud merchants with bad checks and fraudulently take money from consumers," Bernal finalized.

Remodeler Sentenced Press Release.pdf

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East-Side Contractor Sentenced For Deceptive Business Practices

edominguez — Tue, 01 Dec 2009 22:44:00 GMT

El Paso County Attorney Jo Anne Bernal today announced the sentencing of an east-side contractor who remained a fugitive several months after he was scheduled to appear in court to face criminal charges.

24-year-old Daniel Barajas pled guilty this week to one charge of Deceptive Business Practice, a class "A" misdemeanor punishable by up to one year in jail and/or fine not to exceed $4,000.00.

Court records show that Barajas failed to appear for a court hearing in December 2008. He was arrested again on October 6, 2009, and this week County Court at Law #1 Judge Ricardo Herrera sentenced him to six months in jail for the crime of Deceptive Business Practice.

According to the police complaint, on October 11, 2007 Barajas charged an east-side home-owner $6,200 to construct a storage building; however the job was never finished.

El Paso County Attorney Jo Anne Bernal said her office is committed to prosecute vigorously these types of crimes.

"Consumers must be very cautious when it comes to giving builders money up front. Once the consumer has given money to the unscrupulous contractor, it is very difficult for us to get it back. This is why we recommend to the public to pay the complete amount of the contract only after the job is finished, and after corroborating the quality of the goods or services received," Bernal said.

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Builder Sentenced Press Release.pdf

Clint Resident Sentenced For Illegally Dumping Trash At Railroad Yard

edominguez — Tue, 20 Oct 2009 22:11:00 GMT

El Paso County Attorney José R. Rodríguez today announced the sentencing of an East El Paso resident who pled guilty to violating the Texas Health and Safety Code by illegally dumping trash on private property in Clint, Texas.

21 year-old Francisco Hernández pled guilty to two counts of illegal dumping of more than 5 pounds but less than 500 pounds, in violation of the Texas Health and Safety Code § 365.012.

The offense was discovered on April 9, 2009, when Union Pacific Railroad Police Special Agent Victor Estrada was patrolling property near the Moon Road Crossing in east El Paso. Agent Estrada encountered some plastic bags containing household trash lying on the right-of-way at railroad property behind the 9800 block of Alameda. Upon further investigation, he discovered that the waste came from a residence located at 9570 Grenada Way, in El Paso County.

When confronted, Mr. Hernández admitted to dumping trash at the site. He said he had attempted to dispose of the waste at the City's landfill, but found it closed. The City of El Paso had to clean up the illegal dump site.

On Monday October 5, 2009, County Criminal Court at Law # 1 (the Environmental Court) Judge Alma Trejo sentenced Francisco Hernández to 6 months deferred probation, assessed him a $750.00 fine, ordered him to pay court costs, and to complete 80 hours of community service at the Clint Landfill or some other type of community cleanup.

"Illegal dumping is a serious environmental crime which affects health and quality of life," said El Paso County Attorney José R. Rodríguez. "The illegal dumping of household trash continues throughout our community, despite efforts by the City of El Paso to make citizen collection stations available for extra household trash. Illegal dumping costs taxpayers thousands of dollars every year in investigation, prosecution, and clean-up costs, moneys that we could be spending on other worthwhile projects," Rodríguez concluded.

The penalty for illegal dumping ranges from a fine up to $10,000 for an individual, or up to 2 years in jail, or both fine and incarceration. For an association or corporation, the fine is up to $10,000.

To report illegal dumping or other environmental crime, call your local law enforcement agency: 911 if you see it happening; the Environmental Hotline at 1-888-6EL-PASO, El Paso Police Dept. at 832-4400, or El Paso Sheriff's Dept. at 546-2280.

The City's Citizen Collection Stations operate Tuesday - Saturday, from 8:00 a.m. to 4:00 p.m. Be sure to take your water bill and identification. They accept household hazardous waste, but not construction and demolition debris. The sites are located at:

§ Northeast: 4501 Hondo Pass
§ Westside: 121 Atlantic at Doniphan
§ Central: 2492 Harrison at Alabama
§ South: 4200 Delta
§ Lower Valley 9000 Escobar at Zaragoza

For more information contact El Paso County Attorney's Environmental Prosecutor Cristina Viesca-Santos at (915) 546-2050.

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Illegal Dumping Press Release.pdf

Fabens Resident Sentenced For Polluting the Air By Illegally Burning Trash

edominguez — Wed, 10 Jun 2009 17:45:00 GMT

El Paso County Attorney José R. Rodríguez announced today the sentencing of a Fabens resident who pleaded guilty of violating the Clean Air Act, on a piece of property in the Fabens in far east El Paso County.

31-year-old Leobardo González was ordered to pay a $2,500 fine and court costs after pleading guilty to one count of illegal outdoor burning before Judge Alma Trejo of the County Criminal Court at Law Number One (the Environmental Court).

The offense occurred on or about September 5, 2007, when Mr. González was burning several roofing tar tiles, metal furniture, plastics, and household trash in the back yard of his property located at 1011 Wingo Reserve Rd., in Fabens, El Paso County.

The defendant accidentally set himself on fire while pouring gasoline on the waste and lighting it. He suffered severe burns to various parts of his body and was transported to Thomason Hospital for treatment of his injuries. The Fabens volunteer Fire Dept. had to respond to extinguish the fire.

"Burning waste, roofing tar tiles, is dangerous and bad for the environment because it sends toxic fumes into the air we breathe, and water used to extinguish the fire and the toxic chemicals in the tar could potentially harm our drinking water. The proper method of disposal should be to take your waste to the landfill. Additionally, the fire may get out of control and burn the person setting the fire and/or surrounding homes and property," said Rodríguez.

Rodríguez added that illegal outdoor burning is an on-going problem in the county of El Paso, and he stressed that the County Attorney's Office will continue to prosecute such offenders. The penalty for illegal outdoor burning ranges from a fine of not less than $1000 to up to $50,000 for an individual, or up to 180 days in jail, or both. For an association or corporation, the fine cannot be less than $1,000 or more than $100,000.

To report illegal outdoor burning or other environmental crime, call your local law enforcement agency. The Environmental Hotline at 1-888-6EL-PASO, El Paso Police Dept. at 832-4400, or El Paso Sheriff's Dept. at 546-2280.

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Fabens Illegal Burning Press Release.pdf

Legal Status Of District Clerk Gilbert Sanchez

edominguez — Wed, 10 Jun 2009 17:41:00 GMT

El Paso County Attorney José R. Rodríguez informed today that the indictment unsealed against El Paso District Clerk Gilbert Sanchez does not automatically trigger his removal from office. Texas law states that only if Mr. Sanchez were to be convicted of felony charges or misdemeanor charges involving official misconduct, the conviction would operate as an immediate removal.

Rodríguez further explained that, while the charges are pending, Mr. Sanchez will remain the elected District Clerk and has full powers as such, unless Mr. Sanchez resigns or a removal action is filed.

If Mr. Sanchez resigns, Commissioners Court will be able to vote on the appointment a interim clerk to fill the vacancy.

Regarding possible removal petitions, County Attorney Rodríguez said that if a removal action is filed, an out-of-town judge would preside over the case and decide whether the removal has merits. The presiding judge would have the authority to issue a temporary suspension against the District Clerk and appoint another person to perform the duties of the office.

Rodríguez explained that, according to Texas law, appropriate grounds for removal of elected officials from public office include incompetency, official misconduct and intoxication on or off duty caused by drinking an alcoholic beverage.

"We are currently reviewing the indictment in this case to determine if sufficient grounds and evidence exist to pursue a removal action," Rodríguez concluded.

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District Clerk Legal Status Press Release.pdf

Westway Resident Faces Civil Penalties For Mistreating Dogs

edominguez — Thu, 09 Apr 2009 17:39:00 GMT

Possible criminal charges are still pending

El Paso County Attorney José R. Rodríguez announced today the judgment passed upon an individual accused of violating the State Health and Safety Code, by cruelly treating two dogs in Westway, El Paso County.

Through the coordinated efforts of the City of El Paso's Animal Services, Ernesto Chávez, of Westway, Texas, was charged with cruelly treating two dogs found starving on his property located at 705 Lakewood, in El Paso County, in violation of the Texas Health and Safety Code, section 821.023.

On March 28, 2009, Animal Services Officer Carolyn Cooley responded to a complaint of two abandoned and starving dogs, at a property located at 705 Lakewood, in far west El Paso County. Upon arrival, Officer Cooley observed a very emaciated white and brown pitbull mix female canine, which appeared to be starving and her ribs and hip bones were protruding from her body. There was no visible food or water. The second dog, a brown boxer, about seven months of age, also appeared to be hungry. Officer Cooley obtained a warrant and seized the two dogs. Upon examination, the pitbull weighed less than 32 pounds, when her normal weight should have been between 55 and 60 pounds. This dog, taken into foster care by New Hope Alliance, and called "Shelly", was taken to a veterinarian, who diagnosed her with Ehrlichia, a disease transmitted by ticks, and a radiography revealed many bone fragments within her intestine.

On March 31, 2009, Judge Bruce King signed a warrant ordering Animal Services to seize the two dogs, found at 705 Lakewood.

A hearing was held yesterday Wednesday April 8, 2009, before Judge Bruce King, in Justice of the Peace Precinct Number Seven, where the Defendant, Ernesto Chávez agreed to relinquish his rights to the two dogs found on his property, and the dogs were awarded to New Hope Alliance for continued care and future adoption. Mr. Chávez was ordered to pay court costs, veterinarian and medication costs, and investigative costs, which totaled $866.00. The El Paso County Sheriff's Department is currently investigating animal cruelty violations under the Penal Code.

"Animal abuse is a serious crime," said Rodríguez. "No one who cruelly treats his or her animals, by torturing, seriously overworking, unreasonably abandoning, and unreasonably depriving them of necessary food, care, or shelter, or cruelly confining or causing the animal to fight with another animal, should not have the right to own an animal."

Rodríguez added that his office will continue to work with Animal Services, the El Paso County Sheriff's Department, and other non-profit organizations whose purpose is to care for abused and neglected animals, in requesting the Court to divest the abuser of ownership of the animal(s). The penalty for cruelty to animals under the Penal Code ranges from a fine up to $10,000 for an individual, or up to 2 years in jail, or both fine and incarceration.

To report animal cruelty, call your local law enforcement agency: 911 if you see it happening; Animal Services 842-1000, El Paso Police Dept. at 832-4400, or El Paso Sheriff's Dept. at 546-2280.

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Animal Cruelty Press Release.pdf

Contractor Sentenced To 10 Months In Jail For Engaging In Deceptive Business Practices

edominguez — Thu, 12 Mar 2009 20:41:00 GMT

El Paso County Attorney José R. Rodríguez announced today the sentencing of a local contractor accused of defrauding two El Paso residents.

38 year-old José Galván pled guilty this morning to 2 counts of Deceptive Business Practices at County Criminal Court #1. Judge Carlos Carrasco sentenced Galván to 300 days in jail.

According to one of the complaint affidavits, on September 2004 the defendant, doing business as "J & G Construction," received $37,000 to build an addition to a home in the Cielo Vista area. The victim complained that only one third of the work was completed.

The second complaint alleged that on January 2006 Galván, doing business as "Luxury Homes," received $126,000 to build a house in the Socorro area, but only completed half the work. The victim also claimed that a couple of months after she signed the contract, a local physician contacted her and told her that Galván had sold her house to him.

As of today, the local chapter of the Better Business Bureau does not have any complaints or negative information against José Galván or his two companies. The County Attorney's Office encourages consumers to always file complaints with the BBB when they believe that have been victimized, as these complaints provide a service to other potential customers in the community.

After the sentencing, County Attorney José R. Rodríguez warned consumers about the dangers of engaging in "advance fee" contracts.

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J & G Construction Press Release.pdf

FAMILY OF HOT CHECK WRITERS ARRESTED DURING 2ND DAY OF ROUNDUPS

edominguez — Mon, 03 Nov 2008 19:01:00 GMT

On Wednesday October 22, 2008, the second day of roundups, officers from the El Paso Sheriff Department, the County Attorney’s Office, Texas DPS Troopers, and County Constables continued conducting warrant roundups against individuals with outstanding hot checks.

             Today officers arrested 14 individuals, among them 3 members of the same family with outstanding warrants for writing hot checks. Early this morning officers arrested 48-year-old Ricardo Chacon at a residence in West El Paso. Officers also picked up his daughter 28-year-old Gabriella Chacon, who was listed as living at an apartment complex also in West El Paso. When Chacon’s wife, 41-year-old Mirna Vega showed up at the jail to bond them out, the officers decided to run her name and discovered that she also had an outstanding warrant for writing hot checks. All of them were released after paying $1,060 in restitution.

              With today’s roundup, the County Attorney’s Office collected an additional $17,250 for local merchants. That amount, along with the $120,829 that were collected since the beginning of the amnesty period on October 3, 2008, brings the total collection to more than $138,000.

             With today’s detentions the number of individuals arrested is now 29. In the upcoming days investigators from the County Attorney's Office will continue their search for individuals with outstanding arrest warrants.                       Individuals with outstanding hot-checks may attempt to avoid arrest in upcoming roundups by paying as soon as possible.

             However, the amnesty period is over, and law enforcement officers can conduct arrests at any time without prior notice. To make payments individuals need to go to the El Paso County Attorney’s Office, 5^th floor of the County Courthouse, 500 E. San Antonio, Monday thru Friday from 8:00 a.m. to 5:00 p.m.

             Forms of payment accepted include most credit cards, money orders, cashiers checks, and cash, however those paying cash would have to bring the exact amount (cashiers can’t give change). For more information regarding hot check payments and balances please contact the El Paso County Attorney’s Office Hot Check Unit at 546-2051. The complete and updated list of individuals with theft by check outstanding warrants will remain posted in the El Paso County web site at: www.epcounty.com/CA.

             Resident with no access to a computer can look up their names by picking up one of more than 10,000 free copies of the printed warrants list that have been distributed throughout El Paso County at the following locations:

- El Paso Police Headquarters 911 N. Raynor El Paso, TX 79903

- EPP Central Regional Command 200 S. Campbell St. El Paso, TX 79901

- EPP Mission Valley Command 9011 Escobar Dr. El Paso, TX 79907

- EPP Northeast Regional Command 9600 Dyer St. El Paso, TX 79924

- EPP Pebble Hills Command 10780 Pebble Hills El Paso, TX 79935

- EPP Westside Regional Command 4801 Osborne Dr. Paso, Texas 79922

- El Paso County Sheriff's Office Vinton Substation 436A E. Vinton Road

- El Paso County Sheriff's Office Headquarters 3850 Justice Drive

- Justice of the Peace #2 (Northeast) 4641 Cohen, Suite A

- Justice of the Peace #1 (West-side) 424 Executive Center Suite 100

- Anthony Police Department 401 Wildcat Dr, Anthony TX

- Horizon Police Dept. 14999 Darrington Rd. Horizon City, TX

- Socorro Police Dept. 800 N Rio Vista Rd. Socorro, TX

- Vista Foods Supermarket 121 N. Kenazo

- Vista Foods Supermarket Central 2231 N. Zaragosa

- Vista Foods Supermarket Montana Vista 14700 Montana

- La Feria Grocery and Market 502 S Mesa St., El Paso, TX

- La Feria Supermarket Anthony 317 Main St, Anthony TX

- Mr. Payroll Check Cashing 4426 Dyer St

- All five Quality Food Marts in El Paso

- All six Melek locations in El Paso

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Hot Check Roundup Day 2 Press Release.pdf

HOT CHECK WRITERS ARRESTED DURING EARLY MORNING ROUNDUP

edominguez — Mon, 03 Nov 2008 18:59:00 GMT

On Tuesday October 21, 2008 officers from the El Paso Sheriff Department, the County Attorney’s Office, Texas DPS Troopers, and County Constables conducted an early warrant round up against individuals with outstanding hot checks.

             Several teams went out today targeting nearly 100 fugitives and after 6 hours on the field, the officers arrested 15 fugitives who were booked into the County jail.

             With today’s round up, the County Attorney’s Office collected an additional $6,291 for local merchants. That amount, along with the $114,538 that were collected since the beginning of the amnesty period on October 3, 2008, bringing the total collection to more than $120,000.

             The roundups are not over. In the upcoming days, more officers will continue their search for individuals with outstanding arrest warrants for writing hot checks.

              Individuals with outstanding hot-checks may attempt to avoid arrest in upcoming roundups by paying as soon as possible. However, the amnesty period is over, and law enforcement officers can conduct arrests at any time without prior notice.

             To make payments individuals need to go to the El Paso County Attorney’s Office, 5^th floor of the County Courthouse, 500 E. San Antonio, Monday thru Friday from 8:00 a.m. to 5:00 p.m. Forms of payment accepted include most credit cards, money orders, cashiers checks, and cash, however those paying cash would have to bring the exact amount (cashiers can’t give change).

              For more information regarding hot check payments and balances please contact the El Paso County Attorney’s Office Hot Check Unit at 546-2051. The complete and updated list of individuals with theft by check outstanding warrants will remain posted in the El Paso County web site at: www.epcounty.com/CA.

              Resident with no access to a computer can look up their names by picking up one of more than 10,000 free copies of the printed warrants list that have been distributed throughout El Paso County at the following locations: