April 2009 - Posts
There is still time for individuals with outstanding hot check warrants take advantage of the amnesty period
El Paso County Attorney José R. Rodríguez reminded county residents with outstanding hot check warrants that they only have 2 more days to pay their outstanding balances to avoid arrest during the upcoming massive warrant round-up.
The hot check amnesty week began on Sunday April 26 with the publication in the local newspapers of more than 3,700 names of individuals with outstanding warrants, and will continue until Friday May 1, 2009. Individuals who pay their outstanding balances during the Amnesty Week will avoid arrests during an upcoming county-wide arrest warrant round-up. Additionally, they will save money by avoiding the payment of various fees, such as court costs, attorney fees, and the cost of posting a bond.
Since Thursday April 9, when the program was announced, until Tuesday April 28, 2009, offenders had paid over $58,000 in restitution to merchants. Currently, individuals in the hot check warrant list owe merchants more than $3.2 million.
Residents who still want to take advantage of the amnesty week can make their payments at the El Paso County Attorney's Office, 5th floor of the County Courthouse, 500 E. San Antonio. The payment windows at the County Attorney's Office will be operating with extended hours during amnesty week from 7:00 a.m. to 6:00 p.m.
Forms of payment accepted include most credit cards, money orders, cashiers checks, and cash, however those paying cash will have to bring the exact amount (cashiers will not provide 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
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2009 Amnesty Week Report 1 Press Release.pdf
Award to be presented at the Annual Meeting of the BBB
On Wednesday April 29, 2009, the local chapter of the Better Business Bureau will present El Paso County Attorney José R. Rodríguez the "Outstanding Leader Award" for partnering with the BBB to establish an arbitration program that allows quick restitution for victims of deceptive business practices.
Both agencies established the program in 2006, with support from the National Association of the Remodeling Industry (NARI), to expedite the resolution of criminal cases involving first offenders, and to increase the amount of restitution collected by the victims.
Instead of waiting for a trial to be set, which could take months, the plaintiff and the merchant commit to arbitration where the claims are evaluated at no cost to the consumer. The program helps victims of Deceptive Business Practices receive fast and fair restitution, while the merchants, who offend for the first time, can avoid a conviction and resolve the criminal case at a minimum cost.
The arbitration program also saves taxpayers a significant amount of money by reducing the amount of time that the courts, prosecutors and defense attorneys have to spend on these cases. By doing so, the process allows the State to prosecute more cases that would otherwise be possible with existing resources.
Recently the program has received countrywide attention after wining the 2008 Myers Memorial Award given by the National Better Business Bureau
County Attorney José Rodriguez will receive the "Outstanding Leader Award" during the Better Business Bureau's annual meeting, Wednesday April 29 at 11:30 a.m. at the Camino Real Hotel, 101 S. El Paso St.
WHO: County Attorney José R. Rodríguez
WHAT: BBB's Annual Meeting
WHEN: Wednesday April 29, 2009 at 11:30 a.m.
WHERE: Camino Real Hotel
101 S. El Paso St.
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BBB Outstanding Leader Award Press Release.pdf
Arrest roundups to follow publication of the names
On Sunday April 26, 2009, the El Paso County Attorney's Office will be publishing the names of more than 3,700 individuals with outstanding hot-check warrants in the two main local newspapers: El Paso Times and Diario de El Paso. The 3,770 individuals owe local merchants more than $3.2 million. Additionally, copies of the printed list will be made available for the public at all El Paso Police Regional Commands starting on Monday April 27, 2009.
The publication of the names marks the start of the Amnesty Week, which runs from Monday April 27 through Friday May 1, 2009. Individuals who pay their outstanding balances during the Amnesty Week will avoid arrests during an upcoming county-wide arrest warrant round-up. Additionally, they will save money by avoiding the payment of various fees, such as court costs, attorney fees, and the cost of posting a bond.
Residents with outstanding hot check warrants can make their payments at the El Paso County Attorney's Office, 5th floor of the County Courthouse, 500 E. San Antonio. The payment windows at the County Attorney's Office will be operating with extended hours during amnesty week from 7:00 a.m. to 6:00 p.m.
Forms of payment accepted include most credit cards, money orders, cashiers checks, and cash, however those paying cash will have to bring the exact amount (cashiers will not provide 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
Since Thursday April 9, 2009, when the amnesty week was announced, the El Paso County Attorney's Office has received more than $42,000 in payments for outstanding hot checks. During fiscal year 2007-2008 the Hot Check Unit collected 1.4 million dollars in outstanding hot checks.
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2009 Hot Check Warrant List Publication Press Release.pdf
El Paso County Attorney José R. Rodríguez today reminded hot check writers with outstanding warrants that Friday is the last day to pay to avoid the publication of their names in the local newspapers.
On Friday April 24, the County Attorney's Office will publish in the El Paso Times the names and addresses of more than 3,700 individuals with outstanding hot check warrants. The same list will be posted on-line on the El Paso County's web-site (http://www.epcounty.com/) and will be published in Spanish in the Diario de El Paso on Sunday April 26. Additionally, copies of the printed list will be made available for the public at all El Paso Police Regional Commands starting on Monday April 27, 2009.
The publication of the names marks the start of the Amnesty Week, which runs from Monday April 27 through Friday May 1, 2009. Individuals who pay their outstanding balances during the Amnesty Week will avoid arrests during an upcoming county-wide arrest warrant round-up. Additionally, they will save money by avoiding the payment of various fees, such as court costs, attorney fees, and the cost of posting a bond.
Residents with outstanding hot check warrants can make their payments at the El Paso County Attorney's Office, 5th floor of the County Courthouse, 500 E. San Antonio. The payment windows at the County Attorney's Office will be operating with extended hours during amnesty week from 7:00 a.m. to 6:00 p.m.
Forms of payment accepted include most credit cards, money orders, cashiers checks, and cash, however those paying cash will have to bring the exact amount (cashiers will not provide 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
There are currently more than 3,700 names in the County's hot checks warrants list, who owe local merchants more than 3.2 million dollars. During fiscal year 2007-2008 the Hot Check Unit collected 1.4 million dollars in outstanding hot checks.
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Hot Check Avoid Publication Press Release.pdf
On Friday April 17, 2009 El Paso County Attorney José R. Rodríguez decided that, rather than seek a Temporary Restraining Order and a subsequent Temporary Injunction against alleged members of the Bloods street gang, his office will instead seek to fast track the case by aggressively pursuing a Permanent Injunction restricting the alleged criminal activities of the defendants.
Due to the decision, the hearing on a Temporary Restraining Order scheduled for Tuesday April 21, 2009 at County Court at Law # 3 has been cancelled. A date for a hearing on the Permanent Injunction is expected to be set by the court within 30 - 45 days.
Under this fast track approach, by eliminating the need for 2 previous hearings, Rodriguez expects to obtain a faster resolution to the case.
In making this decision, the County Attorney consulted with the El Paso Police Department to ensure that the northeast community will continue to be protected while the case is pending.
"The Court has appointed counsel to most of the defendants, so there is no reason to delay the final hearing on the Permanent Injunction. We want to give Judge Alvarez the opportunity to decide, as soon as possible, whether our petition for a Permanent Injunction has merit, and to have the Permanent Injunction in place to protect the residents of northeast El Paso," Rodriguez said.
Gang Injunction Fast Track Press Release.pdf
Attorneys will offer free legal advice on Advance Directives at 6 locations throughout the city
On Thursday April 16, 2009, County employees will gather at La Fe's Cultural and Technology Center at 721 South Ochoa Rear, to participate in a ceremony where they will publicly sign their personal Medical Power of Attorney and Directive to Physician, Family and Surrogates forms. The ceremony is part of an effort by the County Attorney's Office, the University Medical Center of El Paso, El Paso County Hospital District, and La Fe Clinic, to promote the use of advance directives among El Paso residents.
Advance Directives allow individuals to state what they want for their own medical care in the event that they are unable to make decisions for themselves. Individuals can:
- Direct that a specific procedure or treatment be provided, such as
artificially administered hydration (fluids) or nutrition (feeding);
- Direct that a specific procedure or treatment be withheld; or
- Appoint a person to act as your agent in making health care
decisions for you, if it is determined that you are unable to make
health care decisions for yourself. This includes the decision
to make anatomical gifts of a specific part or parts of your body via
organ and tissue donation, or of all of your body.
Advance Directives have been historically underutilized in El Paso, and particularly by minorities, including Hispanics, because of their cultural attitudes towards end-of-life issues. According to a study by the Journal of the American Geriatrics Society, many Hispanics view pain and suffering as a test of faith. There is an acceptance of "what is" and a belief that "miracles happen". This view sometimes interferes with pain management. It most certainly complicates any discussion on advance directives. The most striking indication of the challenges in communication about end-of-life issues is the insistence by both the Hispanic elders and the Hispanic adult children that their children/parents do not want to have discussions about death and how to prepare to face its consequences.
The campaign to promote the utilization of Advance Directives in El Paso will kick-off with a ‘signing' ceremony at La Fe's Cultural and Technology Center at 721 South Ochoa Rear, on Thursday April 16, 2009 at 2:00 p.m..
Local attorneys will be available to offer similar free legal advice on Thursday April 16, 2009 from 3:00 to 7:00 p.m at the following locations:
- La Fe Cultural and Technology Center 721 South Ochoa (rear)
- EPPD Northeast Regional Command Center, 9600 Dyer St.
- Multipurpose Recreation Center, 9031 Viscount Boulevard
- Galatzan Recreation Center, 650 Wallenberg Dr.
- Thomason Hospital, 4815 Alameda Ave
- Centro San Vicente Clinic, 8061 Alameda Ave.
WHO: El Paso County Attorney
WHAT: Public signing of Living Wills and Medical Power of Attorney
WHEN: Thursday April 16 at 2:00 p.m.
WHERE: La Fe's Cultural and Technology Center at 721 South Ochoa Rear
Healthcare Decisions Day Press Release.pdf
New hearing set for Tuesday April 21, at 9:00 a.m.
El Paso County Attorney' José R. Rodríguez announced today that County Court at Law # 3 Judge Javier Álvarez has scheduled a hearing to discuss the issuance of a Temporary Restraining Order against 20 individuals alleged to be part of the "Bloods" street gang.
At today's hearing, Judge Javier Álvarez stated that the police affidavit used to support the issuance of the Temporary Restraining Order against the alleged gang members was defective because it failed to contain the necessary legal language. In response, the County Attorney's Office filed an amended petition, correcting the affidavit.
In addition, Judge Álvarez stated the County Attorney could proceed without posting a bond upon getting consent from the Texas Attorney General. The County Attorney's Office has requested the required authorization from the Texas Attorney General's Office.
County Court at Law # 3 Javier Álvarez has scheduled a new hearing on the case for Tuesday April 21, 2009 at 9:00 a.m. The purpose of the hearing is to determine whether the Court grants a Temporary Restraining Order against the individuals included in the petition.
If the Temporary Restraining Order is granted, defendants would be subject to the restrictions set forth in the original petition until the start of the trial. Some of the restrictions include:
- Entering the home or vehicle of other member of the Bloods gang
- Entering a school (unless there is a legitimate reason)
- Possessing alcoholic beverages at any time, on public property
- Fighting anywhere within the safety zones
- Possessing aerosol paint, markers, or razor blades used for tagging
- Doing any activity outdoors between 10 p.m. and 6:00 a.m. in the safety zones
Prior to today's hearing, defendants David Maurice Milner, Rogelio López, and Kimberly Crawford were dropped from the petition and are no longer a party to the lawsuit.
Also, a total of three defendants, Fernando Perches, Stanley Simmons, and Deshaun Jones, have agreed to enter into a permanent injunction prohibiting them from participating in all the restricted activities listed in the lawsuit.
County Attorney José R. Rodríguez stated that he expects the case to proceed next week. "Despite these delays, we will continue to seek a permanent injunction in an effort to protect the residents of Northeast El Paso," Rodríguez said.
2nd Gang Injunction Hearing Press Release.pdf
El Paso County Attorney José R. Rodríguez and County Sheriff Richard Wiles announced today an upcoming amnesty week and massive warrant roundup for individuals with outstanding hot check warrants in El Paso County.
The amnesty period runs from Monday April 27 through Friday May 1, 2009. Just before the start of the amnesty week, on Sunday April 26, 2009, the County Attorney's Office will publish in local publications and on the County's web-site the names and addresses of thousands of individuals with outstanding hot-check warrants. Individuals who want to avoid the publication of their names in the newspaper need to pay their outstanding balances by Friday April 17, 2009.
Individuals who pay their outstanding balances during the Amnesty Week will avoid arrests during an upcoming county-wide arrest warrant round-up. Additionally, they will save money by avoiding the payment of various fees, such as court costs, attorney fees, and the cost of posting a bond.
Residents with outstanding hot check warrants can make their payments at the El Paso County Attorney's Office, 5th floor of the County Courthouse, 500 E. San Antonio. The payment windows at the County Attorney's Office will be operating with extended hours during amnesty week from 7:00 a.m. to 6:00 p.m.
Forms of payment accepted include most credit cards, money orders, cashiers checks, and cash, however those paying cash will 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.
There are currently more than 3,200 names in the County's hot checks warrants list, who owe local merchants more than 2.8 million dollars. During fiscal year 2007-2008 the Hot Check Unit collected 1.4 million dollars in outstanding hot checks.
El Paso County Attorney José R. Rodríguez encouraged individuals with outstanding warrants for writing hot checks to take advantage of this opportunity. "These hot check writers will be fully prosecuted for a criminal offense if they fail to pay the outstanding balances on their checks; this is their last chance." Rodríguez concluded.
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2009 Hot Check Amnesty Week Press Release.pdf
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