September 2011 - Posts
El Paso County Attorney Jo Anne Bernal announced today that a District Court judge has certified an 18-year-old male, who was a juvenile at the time of the alleged offense, to stand trial as an adult. The teen now will face one count of Capital Murder in the adult criminal-justice system.
The teen is one of five individuals arrested in connection with the murder of 37-year-old Jose Daniel Gonzalez Galena, who was gunned down in front of his East-side home on May 15, 2009.
According to police records that night at around 10 p.m. Gonzalez-Galeana was shot at close range outside his home in the 1300 block of Pony Trail. The murder is believed to have been drug-related.
This morning 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.
The District Attorney's office will be presenting the case to a Grand Jury next week. If the teen is indicted, he will not be eligible for the death penalty. Under Texas law the maximum sentence a juvenile can receive in the adult criminal-justice system after certification is life in prison.
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 identity of the teen cannot be disclosed at this point as he has not been indicted by a grand jury. No further information will be released.
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Pony Trail Capital Murder Press Release.pdf
Training will help local attorneys and case workers improve their services to individuals with mental health issues in our community
The El Paso County Public Defender's Office, along with the Texas Criminal Defense Lawyers Association, the University of Texas at El Paso Law School Preparation Institute, the 34th Judicial District Attorney and the El Paso County Attorney's Office will be co-sponsoring this year's Annual El Paso County Mental Health Law Conference on Friday September 30, 2011, at the University of Texas at El Paso Student Union Building East - 3rd Floor.
The conference provides an opportunity for local lawyers, case workers, and interested citizens to learn more about legal issues surrounding mental health patients.
Participants will have the opportunity to learn from experts on a wide variety of topics, including "Dual Diagnosis and its Effect on the Criminal Justice System," and "the Untapped Power of Texas' Assisted Outpatient Treatment Law." This year's keynote speaker will be former Washington Post journalist and author Pete Earley with the topic "the crash between the criminal justice system and the mental health system." Attendees will also have the opportunity to participate in the panel discussion "Ethical Considerations involving Mental Illness."
Participants will be eligible to receive 8 credit-hours of Continuing Legal Education (CLE), including 1 credit-hour of Ethics.
El Paso County Attorney JoAnne Bernal said the purpose of the conference is to raise the level of the discussion with the judiciary, prosecutors, and defense attorneys, as well as health care professionals, by providing information and discussions that participants could use to improve services to individuals with mental health issues.
"By providing specialized legal training to attorneys and mental health advocates, we are contributing to improve the quality of services available to individuals with mental illnesses in our community," said El Paso County Attorney Jo Anne Bernal.
"The ultimate goal of the conference is to provide information that can be used to address more accurately the needs of mentally ill individuals who become entangled in the criminal justice system, increasing rehabilitation rates, and avoiding recidivism," Bernal concluded.
WHAT: 4th Annual El Paso County Mental Health Conference
WHEN: Friday September 30, 2011 from 7:45 a.m. to 5:00 p.m.
WHERE: UTEP Student Union Building East - 3rd floor
For more information please contact Rose Pedregon at 546-2000 Ext. 3550, or email at rpedregon@epcounty.com.
2011 Mental Health Law Conference Press Release.pdf
2011 MHLCLE Agenda.pdf
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