El Paso County Attorney José R. Rodríguez today announced the sentencing of an East El Paso resident who pled guilty to violating the State Illegal Dumping Statute, on private property, in East El Paso County.
48-year-old Jesús Fernández pled true to a motion to revoke his probation for illegal dumping, in violation of the Texas Health and Safety Code.
The offense occurred March 20, 2007, when a Sheriff's deputy was dispatched to 13599 Pellicano, in East El Paso County, in reference to an illegal dumping. The reporter described a black Nissan Frontier, which the deputy found at the 13600 block of Pellicano. The defendant admitted to dumping five 50-pound bags of trash in the desert area, close by.
On February 15, 2008, Judge Alma Trejo of the County Criminal Court at Law Number One (the Environmental Court), sentenced Jesús Fernández to 12 months deferred probation, 80 hours of community service at the Clint Landfill or other community clean-up, and $1000 fine plus court costs. Months later, the State filed a Motion to Revoke Mr. Fernández' probation, as he failed to perform all of the terms and conditions of his probation.
On February 5, 2009, Judge Carlos Carrasco of the County Criminal Court at Law Number Three sentenced Jesús Fernández to 75 days in the County Jail.
"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 costs taxpayers thousands of dollars every year in investigation, prosecution, and clean-up costs, moneys that we could be spending on other worthwhile projects. Those who refuse to perform the terms and conditions of their probation will be revoked and given jail time."
Rodríguez stressed that the County Attorney's Office will continue to prosecute such offenders to the fullest extent of the law. 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.
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Fernandez Conviction Press Release.pdf