County Attorney Press Releases

September 2006 - Posts

County Attorney's Office to Host Legal Seminar for the Elderly

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The circumstances surrounding the death of Terri Schiavo in Florida in 2005 have raised awareness among the elderly about the need for living wills. Unfortunately, many in El Paso do not have the financial means to obtain legal advice regarding end-of-life decisions. A living will is a written, legal document that spells out the types of medical treatments and life-sustaining measures you do and do not want, such as artificial respiration and tube feeding.                   

To educate seniors regarding legal matters affecting them and inform them about the services available to improve their lives, El Paso County Attorney José R. Rodríguez has organized the second "Annual Legal Day for the Elderly".

 The free event will take place on Tuesday, October 3, 2006 from 8:00 a.m. until 12:00 p.m. at the El Paso Community College Administrative Services Building located at 9050 Viscount.

The event will include a "living wills clinic", where seniors will be provided legal assistance in executing living wills and long-term legal planning. Other activities include a "safety" fashion show that will highlight the uniforms of employees with companies or agencies that may have a legitimate need to enter a senior's home and ask for personal information.

The Visiting Nurses Association (VNA) will be providing free flu shot to seniors with Medicare and Medicaid, and will be providing them to the public for $30.

In addition, attorneys with the County Attorney's Office will also offer seminars on abuse, neglect, and exploitation of the elderly, deceptive business practices and fraud prevention. Many fraud schemes, while not always directed at seniors, take their toll on the elderly population because they are not able to protect themselves against smooth con artists and technically complicated schemes. According to the Council of Better Business Bureaus, in 2005 almost 9 million Americans were victim of identity theft and they lost more than $56.6 billion to telemarketing fraud. While the senior population has to deal with these threats to their bank accounts, they also are susceptible to unique scams such as home-care worker fraud.

            The event is open to the public and free of charge. There will be simultaneous Spanish translation and free refreshments.

For more information, or to register, please call the Elder Protection Unit of the El Paso County Attorney's Office at (915) 546-2239. 

WHAT:     2nd Annual Legal Day for the Elderly

WHO:       El Paso County Attorney's Office

WHEN:     Tuesday October 3, 2006 from 8:00 a.m. - 12:00 p.m.

WHERE:  El Paso Community College Administrative Services Building, at 9050 Viscount.

INFO:       Elder Protection Unit at (915) 546-2239

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Legal Day For the Elderly Press Release.pdf 

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Workshop to Teach Socorro ISD Faculty About the Dangers of Gangs

 

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El Paso County Attorney's Juvenile Division Chief Mark Burtner will be the keynote speaker at tomorrow's "Gang Awareness Workshop" organized by the Socorro Independent School District at El Dorado High School.

The purpose of the daylong event is to raise awareness about gang activity in east El Paso, how to prevent youth violence, and to reduce the risk of students becoming involved with gangs.

 Some of the presenters include members of the El Paso Police Department Gang Task Force, the Juvenile Probation Department, and the Graffiti Removal Program.

More than 200 administrators and teachers are expected to attend the workshop from 8:00 AM until 4:00 PM at the El Dorado High School, at 12401 Edgemere Blvd. For more information, call the SISD Communications Department at 937-0281.

WHAT:     Gang Awareness Workshop

WHEN:     Wednesday September 27, 2006 from 8 AM-4 PM

WHERE:  El Dorado High School

12401 Edgemere (East El Paso) 

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Gang Awareness Press Release.pdf 

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A Brief Explanation About the "Determinate Sentence” Statue in Juvenile Criminal Cases

-   What is the "determinate sentencing" statute?

It is a special statute in the Texas Juvenile Code that allows for the possibility of a juvenile serving a sentence beyond the age of 21. It specifically covers certain violent offenses and drug cases, like murder, capital murder, sexual assault, and indecency with a child. Aggravated controlled substances cases are also covered.

What are the differences in the possible punishment of a "determinate sentencing" case and a non-determining sentencing case?

In a determinate sentencing case, a punishment might be assessed for a term of up to 40 years, which would be served either incarcerated, on probation, or on parole. The actual length of time to be served is determined by the jury or the judge.

In a non-determinate sentencing case, the length of stay at the Texas Youth Commission would be, at the most, until the age of 21. After the age of 21, the juvenile is released regardless of whether the juvenile has been rehabilitated or not.

In a determinate sentencing case, the sentence handed down by the jury must be served regardless of the age of the juvenile. However, while the determinate sentencing statute provides for the possibility of a harsher sentence, it is not mandatory, not even likely, that the jury would hand down a more severe sentence than they would if the case was tried under the "regular" process.

-   Who makes the decision about the sentence of the juvenile?

The jury, comprised of members of the community, takes into consideration all of the facts of the case including, but not limited to, the age of the child, his family situation, his mental health, the nature and circumstances of the crime, the criminal history and the like hood of his rehabilitation,

-          Does the decision to seek a determinate sentencing in a case mean that the County Attorney believes that the accused minor cannot be rehabilitated?

No. It only means that the severity of the crime speaks to the need for the possibility of a greater punishment. It is quite possible that the juvenile will still be rehabilitated if he takes advantage of the services afforded to him.

It is important to mention that the juvenile court judge or jury can hand down a sentence of incarceration or probation, thus the juvenile, even under the determinate sentencing statute, might never be incarcerated.

-   What factors does the County Attorney consider when deciding to seek a determinate sentence?

He considers the egregious nature of the alleged crime, the type of crime, and whether or not it is a significant problem in our community. The past criminal history of the juvenile is also considered in some cases.

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Determinate Sentencing Case Press Release.pdf 

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El Paso County Attorney Named Region III "Government Business Advocate" by the U.S. Hispanic Chamber of Commerce

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The President of the United States Hispanic Chamber of Commerce, Michael Barrera, will present the region III “Government Hispanic Business Advocate Award” to El Paso County Attorney José R. Rodríguez, during a ceremony to be held on Thursday September 21, 2006 in Philadelphia, PA.

            Every year, throughout its six national regions, the United States Hispanic Chamber of Commerce honors corporate and government advocates for their contributions to the excellence and growth of Hispanic entrepreneurs.

            This year 3 El Pasoans are being honored as winners in Region III, which includes the states of Texas, Louisiana, Oklahoma, Kansas, Missouri, and Arkansas.

             They are:

-          County Attorney José R. Rodríguez, recipient of the “Government Business Advocate” award.

-          Cecilia Lavine, recipient of the “Business Woman of the Year” award.

-          Steve Sambrano, recipient of the “Hispanic Businessman of the Year” award.

The El Paso Hispanic Chamber of Commerce is also being recognized as the Region III “Large Hispanic Chamber of the Year”.

In its monthly official publication, the El Paso Hispanic Chamber of Commerce explains that County Attorney José Rodríguez is being recognized for “his many contributions to promote new businesses in El Paso, including protecting the interests of small business by creating a public awareness campaign around hot check issues, and actually increasing collections for the business community from $588,319 in 1993, to $1,863,319 annually”

            The publication also states that, “through Mr. Rodriguez’s direct personal involvement in the El Paso Fair Lending Coalition, access to capital has been recognized, as our business community’s #1 need.”

            Mr. Rodriguez currently serves on the El Paso Mayor’s Medical Cabinet and is Chairman of the Texas Border Coalition’s Health Committee, in an effort to develop El Paso’s healthcare industry.

            About the award he is receiving, Mr. Rodriguez said “to be recognized at the national level is a great honor; I am convinced all local public officials have an obligation to promote business development to help El Paso growth”.

The regional award winners are finalists for the National Hispanic Leadership & Business Excellence Awards and will be recognized at the USHCC 27th Annual Convention & Business Expo at the Town Hall event on Thursday, Sept. 21.

The national winners will be announced at the Awards Gala on Saturday, Sept. 23 at 7:00 PM at the Pennsylvania Convention Center in Philadelphia, PA.

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Rodriguez Business Advocate Winner.pdf 

 

16-Year Old Female Found with 49 Pounds of Cocaine to be Prosecuted Under Special Court Proceeding

El Paso County Attorney José R. Rodríguez announced today that he has received grand jury approval to seek a determinate sentence for a 16-year-old girl caught attempting to bring into the U.S. more than 49 pounds of cocaine.

            According to official documents, on August 28, 2006 an officer with the U.S. Customs and Border Protection assigned to the Ysleta Port of Entry found 49.2 pounds of cocaine in a hidden compartment of a white 1997 Chrysler Sebring after being alerted by a K-9 officer. The 16-year-old was enrolled as a student in the Ysleta School District at the time of her arrest, and has been held in custody at the Juvenile Probation Department since August 28.

            Instead of prosecuting the case through the "normal" juvenile process, County Attorney José Rodríguez decided to proceed under the Texas Determinate Sentencing Statute, to seek a tougher sentence against the juvenile.

Rodriguez explained that the Determinate Sentencing Statute is a state law that allows for the possibility of a more severe punishment for a juvenile adjudicated of certain types of serious crimes, including felony drug charges. Under the statue, the juvenile faces the possibility of a sentence of up to 40 years in juvenile detention facilities and in adult prison.

            Even though the juvenile had no prior criminal history, Rodríguez cited the excessively large amount of cocaine found in the juvenile's possession as the reason for prosecuting the case under the determinate sentencing statue. The street value of the cocaine is estimated between $280,000 and $700,000.

            "We are concerned about the drug cartels using teens to try to bring drugs into our community. For a number of years this has been a recurring problem in El Paso, especially because some teenagers believe nothing serious is going to happen to them if they ever get caught," said José Rodríguez.

            "Proceeding under Determinate Sentencing Statute in this case demonstrates that we will not tolerate these types of crimes, and should serve as a warning to those teens who might be tempted by the money being offered by the drug cartels", explained Rodríguez.

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County Attorney José Rodríguez will be available for interviews today. To make further arrangements please call Elhiu Dominguez at 546-2016.

 Determinate Sentencing Case Press Release.pdf

REALTY COMPANY FINED FOR ILLEGAL DUMPING

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El Paso County Attorney José R. Rodríguez announced today the sentencing of a corporation accused of violating the State Illegal Dumping Statute on a piece of property in Northeast El Paso County.

 Through the coordinated efforts of the Special Investigations Unit of the Texas Commission on Environmental Quality (TCEQ), Bill Walker Realty was charged with illegal dumping, in violation of the Texas Health and Safety Code, section 365.012.

 The offense occurred on or about March 25, 2004 when an employee of the YWCA on Texas Avenue found several 5-gallon containers filled with an unknown substance behind the YWCA property. The substance turned out to be industrial dyes. The dyes were traced back to one of the properties owned by Bill Walker Realty, who pled guilty to illegal dumping.    

 On September 6, 2006, Judge Alma Trejo, assessed Bill Walker Realty a $1,000.00 fine,  court costs, and restitution in the amount of $3,200 to the YWCA, the cost of legally disposing of the dyes.

“Illegal dumping is a serious environmental crime which we will prosecute to the fullest extent of the law,” said Rodríguez. “Illegal dumping, especially the dumping of industrial waste, is dangerous and bad for the environment because it contaminates the land. It is unfair for the victim to have to pay for the expensive legal disposal of unscrupulous illegal dumpers, looking to save a buck by illegally disposing of their waste.”

Rodríguez added that illegal dumping 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 dumping ranges from a fine up to $10,000 for an individual, or up to 2 years in jail, or both. 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, 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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 Realty Sentencing.pdf

Environmental Summit to Discuss Ways to Keep El Paso Clean and Beautiful

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Every year hundreds of residents of El Paso participate in isolated clean up efforts organized by different community groups. Their very valuable effort could bring even better results if coordinated towards a common, community-wide environmental goal.

Defining that environmental goal, or plan, is just one of the purposes for the upcoming 6th Annual Environmental Summit, "Tu Comunidad El Paso, Keep it Clean, Make us Proud."

The summit brings together government agencies, local companies, high school students, environmental experts, and El Paso residents, to discuss the different environmental problems in our community, to find possible solutions, and implement the solutions.
How to stop the illegal dumping of construction materials out on the desert? What final use can we give the hundreds of thousands used tires we dispose of every year in El Paso? Those are just some of the questions we hope to find answers for during the environmental summit.

Some of the participants in the summit will be Ed Archuleta, CEO for El Paso Water Utilities, who will speak about the El Paso / Ft. bliss Desalination Plant and TecH2O Water Resource Learning Center; Senator Elliot Shapleigh, who will lead the discussion in the community grass root group; Keep El Paso Beautiful staff will lead the discussion in the Youth grass root group; and Assistant County Attorney Cristina Viesca-Santos, who will lead the training on the enforcement and prevention of Environmental Crimes, among others.

The event is free and open to the public. Registration will begin promptly at 8:00 AM. Free lunch will be provided to first 350 individuals who RSVP calling the number 834-4970 or by e-mail to Gterraza@tceq.state.tx.us.     

WHAT:     6th Annual Environmental Summit "Tu Comunidad El Paso, Keep it Clean, Make us Proud"

WHEN:     Friday September 8, 2006 from 8:00 AM - 3:00 PM

WHERE:  Ysleta Independent School District Cultural Center                        9600 Sims

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For more detailed information about the event, or for scheduling an on-camera interview, please call Pamela Aguirre, TCEQ Environmental Compliance Specialist, at (915) 834-4974, or Cristina Viesca-Santos at 546-2050 

 Environmental Summit Press Release.pdf

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