September 2006 - Posts
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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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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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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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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.
- 30 -
Rodriguez Business Advocate Winner.pdf
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.
- 30 -
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
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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
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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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30 -
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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