El Paso County Attorney José R. Rodríguez announced today the sentencing in the case of a resident who pleaded guilty of violating the Clean Air Act, in the desert area in East El Paso County.
50-year-old Alejandro Aguilar was sentenced to 70 days in the County jail and ordered to pay court costs after pleading guilty to one count of illegal outdoor burning before Judge Alma Trejo of the County Criminal Court at Law Number One (the Environmental Court).
The offense occurred on or about July 20, 2005, when Alejandro Aguilar and 57 year-old Héctor Morín were burning metal wire in a vacant lot in the desert near the 12300 block of Eastlake Dr., in East El Paso County. The El Paso County Sheriff’s Dept. responded to the call and found the two men standing around a large pile of wiring and a red one-gallon gasoline container. Morín pled guilty on December 2006 to one count of illegal outdoor burning and was sentenced to 45 days in jail.
“Illegal outdoor burning is a serious environmental crime which we will prosecute to the fullest extent of the law,” said El Paso County Attorney José R. Rodríguez.
“Burning waste, especially the insulation off of copper and metal wiring, is dangerous and bad for the environment because it sends toxic fumes into the air we breathe, and it could potentially harm our drinking water”, Rodríguez added.
County Attorney’s Office Environmental Prosecutor Cristina Viesca-Santos explained that recently, with the high prices of copper, more residents are reporting individuals who burn the insulation off the wiring to sell the metal. “The proper method for removing the insulation is to cut and pull it off, and take the waste to the landfill,” Viesca-Santos explained.
Illegal dumping is an on-going problem in the county of El Paso, and 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 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.
Metal Wire Burning Press Release.pdf
El Paso County Attorney José R. Rodríguez announced today the sentencing in the case of a Socorro resident who pleaded guilty to illegal dumping for transporting and disposing of grass and yard trimmings on private property.
42-year-old Ramón Valle was sentenced today to 12 months deferred probation, serve 50 hours of community service at the Clint Landfill, and pay $750 fine plus court costs after pleading guilty to 2 counts of illegal dumping (transporting and disposing) before Judge Alma Trejo of the County Criminal Court at Law Number One (the Environmental Court).
The offense occurred on or about April 27, 2008, when Mike Astorga, a resident of the City of Socorro, was getting ready to leave his house, and he heard the tail of a truck closing in his front yard. He went to see what the noise was, and saw a white pick-up truck leaving the scene, after dumping a large pile of grass and yard trimmings. The complainant followed the truck and confronted Mr. Valle, asking him how he would feel if someone did that to him. After taking down the license plate number, the complainant called the Socorro Police Dept. to report the illegal dumping.
“Illegal dumping is a serious environmental crime which we will prosecute to the fullest extent of the law,” said County Attorney José Rodríguez.
“The illegal dumping of household trash continues throughout our community, despite efforts by the County to mandate trash collection in the unincorporated areas of El Paso County. Yard waste is an eyesore, and when illegally dumped, is bad for the environment because it breeds vermin. Illegal dumping costs taxpayers thousands of dollars every year in investigation, prosecution, and clean-up costs, moneys that we could be spending on other worthwhile projects,” Rodríguez added.
Illegal dumping is an on-going problem in the county of El Paso, and 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 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.
Socorro Illegal Dumping Press Release.pdf
Plaintiffs will wait for a court ruling on the merits of the lawsuit filed against Secretary of Homeland Security Michael Chertoff
El Paso County Attorney José R. Rodríguez announced today that U.S. District Judge Frank Montalvo has denied the request for a preliminary injunction against the construction of the border fence in El Paso County. The request was filed on June 23, 2008 by the County of El Paso, the City of El Paso, El Paso County Water Improvement District No. 1, the Ysleta del Sur Pueblo, Frontera Audubon Society, Friends of the Wildlife Corridor, Friends of Laguna Atascosa National Wildlife Refuge, and Mark Clark, as part of their lawsuit against the Department of Homeland Security challenging Secretary Chertoff's statutory authority to issue waivers of more than three dozen federal laws, as well as related state, local and tribal laws, to expedite the construction of a border fence in El Paso County.
The request for a preliminary injunction sought to prevent the Department of Homeland Security (DHS) from constructing any fencing, walls, or other physical barriers along the U.S.-Mexico border in Texas, New Mexico, Arizona, and California, unless and until DHS complies with the laws waived by Chertoff on April 3, 2008.
Among the reasons for denying the request, U.S. District Judge Frank Montalvo stated that plaintiffs failed to prove that the construction of the border barriers will irreparably injure the public if the injunction was not granted.
Judge Montalvo further found that the plaintiffs did not prove that, by allowing DHS to issue the waivers against several federal laws, the U.S. Congress was unconstitutionally delegating its legislative powers to the Secretary of Homeland Security Michael Chertoff.
Despite the order denying the request for a preliminary injunction, U.S. District Judge Frank Montalvo did not rule on the merits of the lawsuit and the case remains pending. The attorneys representing the plaintiffs are considering various options, including a possible appeal to the U.S. Supreme Court.
County Attorney José R. Rodríguez expressed his disappointment that the preliminary injunction was not granted. “This case is not over yet. This lawsuit involves an unprecedented delegation of authority by the Congress to the executive branch, because it allows DHS Secretary Chertoff to disregard long-standing federal laws that provide protection and benefits to the public and the environment,” Rodríguez explained.
“I expect the County’s lawyers will do everything they can to obtain a favorable ruling in the course of the litigation,” Rodríguez finalized.
# # #
Border Fence Injunction Press Release.pdf
Order Denying Plaintiff's application for Preliminary Injunction (Border Fence).pdf
El Paso County Attorney José R. Rodríguez announced today the sentencing of a local contractor accused of defrauding an El Paso resident while on probation for similar charges.
On Wednesday August 27th at County Court at Law #1, Lorenzo Hernandez, owner of “L H Refrigeration”, pled guilty to one charge of Deceptive Business Practices and was sentenced to one year in jail. However, because Hernandez was on probation at the time he committed the offense, County Court at Law #1 Judge Ricardo Herrera revoked his probation and sentenced him to 2 additional years in prison, for a total of 3 years.
Contractor Sentencing Press Release.pdf
Illegal disposal of trash continue to be a big problem in remote communities
El Paso County Attorney José R. Rodriguez today announced the sentencing of 3 county residents accused of violating the Clean Air Act and the state Illegal Dumping statue in three different, unrelated cases.
Environmental Crimes Press Release.pdf
Interested merchants can get free collection services from the agency
El Paso County Attorney José R. Rodríguez announced today that, during the first 9 months of fiscal year 2007-2008, his office has been able to collect more than 1.2 million dollars in restitution and fees for local merchants. During the same period, the County Attorney's Office received 9,168 checks for collection.
In its effort to prosecute the crime of “theft by check”, during the same period the County Attorney's Office filed more than 1,900 criminal cases against individuals with outstanding hot check amounts.
Hot Check Seminar Press Release.pdf
Seeks an injunction against further illegal activities by the defendant
On Friday June 13, 2008 El Paso County Attorney José R. Rodríguez filed a civil lawsuit against Geminis Body Shop -located at 11155 Rojas Dr #B, El Paso TX 79936- alleging misleading business practices that harmed consumers seeking to repair damaged vehicles.
According to the lawsuit, Geminis Body Shop and their agents performed unauthorized work on vehicles, misrepresented the quality of repairs performed by delivering services that did not meet insurance specifications, and overcharged consumers.
The decision to seek a civil injunction against the defendant was made as a result of the County Attorney's Office and the Texas Attorney General's Office receiving at least 13 deceptive business complaints from El Paso residents.
The lawsuit alleges Geminis Body Shop violated and continues to violate the Texas Deceptive Trade Practices Act. The suit further states that defendant committed fraud by misrepresenting services and quality of the parts provided, with full knowledge that those representations were false.
The County Attorney's Office is requesting the court to issue a permanent restraining order prohibiting Geminis Body Shop from:
- Representing that services have been performed in a good and workmanlike manner when that is not the case;
- Representing that services have been performed in accordance with the estimate provided to consumers' insurance companies, when that is not the case;
- Representing that services have been performed and parts supplied in accordance with insurance specifications, when that is not the case;
- Representing that parts used in the repair of vehicles are new, when that is not the case;
- Representing that Defendant is authorized by an insurance company to perform repairs on a consumer's vehicle, when that is not the case;
- Performing repairs on a vehicle when not authorized to do so by the vehicle's owner;
- Performing repairs on a vehicle when not authorized to do so by the owner's insurance company;
- Transferring, concealing, destroying, or removing from the jurisdiction of this Court any books, records, documents, invoices, or other written materials relating to the business of Defendant currently or hereinafter in Defendant's possession, custody or control except in response to further orders or subpoenas in this cause.
The suit further requests an order that the Defendant pay over $10,000 in restitution to all victims. A hearing on the case has been set for June 27, 2008 at 9:30 a.m. in the 327th District Court, Honorable Linda Chew presiding.
El Paso County Attorney José R. Rodríguez explained that his office is filing the civil lawsuit "to protect consumers against unlawful business practices."
"When business owners demonstrate total disregard for the law thereby hurting consumers, we have to step in to stop the abuse. We believe a civil injunction is the best option available to force the merchant to discontinue its deceptive practices, and to obtain restitution for the victims," Rodriguez said.
The County Attorney's Office is asking residents who might have fallen victims of fraud or deceptive trade practices by the defendant to contact the Civil Section of the County Attorney's Office at 546-2083.
# # #
Gemini Injunction Press Release.pdf
Industry participation encouraged to attain accurate figures
The El Paso County government is currently conducting a new
multi-jurisdictional wage survey of Building and Heavy/Highway Construction
projects to establish prevailing wages in El Paso County.
El Paso County Attorney José R. Rodríguez announced today the sentencing in the case of a truck driver who pleaded guilty of illegal dumping for transporting and illegally disposing of construction debris.
34-year-old George Espinoza was sentenced today to 12 months probation and a $3,500 fine after pleading guilty to 2 counts of illegal dumping, one for transporting the debris, and another for disposing of it illegally.
According to the offense report, on or about April 16, 2007, at approximately 3:15 p.m., an El Paso County Sheriff’s deputy arrested Espinoza after discovering him dumping large pieces of concrete and dirt mixed with paper, in the desert area near the 3500 block of Rene, in far East El Paso County.
Deputy Raúl Galván obtained the necessary evidence to file the criminal charges, and the case was presented to the County Criminal Court at Law #1, the environmental court in El Paso County.
This morning George Espinoza admitted that the day of the offense he was driving a large dump truck belonging to the family business, Espinoza Grading, and then plead guilty to 2 charges of illegal dumping before visiting Judge *** Alcalá, who sentenced him to 12 months probation, and to pay a $3,500 fine, along with court costs.
El Paso County Attorney José R. Rodríguez explained that illegal dumping is a serious on-going problem in the county of El Paso, and he stressed that the County Attorney’s Office will continue to prosecute offenders to the fullest extent of the law.
“The illegal dumping of construction debris is pervasive throughout our community. It is an eyesore and it is bad for the environment because it contaminates the land and breeds pests,” said Rodríguez.
Rodriguez explained that illegal dumping of trash and construction debris is also dangerous when used as fill because if a structure is erected on top of it, years later the foundation of the building could shift due to the pockets of air forming underneath. Illegal dumping is also unfair to the victim who might have to pay for the expensive legal disposal of unscrupulous dumpers, looking to save a buck by illegally disposing of their waste.”
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 538-2210. # # #
Illegal Dumping Press Release.pdf
Recent law enforcement and media reports indicate that, once again,
graffiti is on the rise in certain areas of our community. That is the reason
why the El Paso County Attorney José R. Rodriguez, City
of El Paso’s
Street Department and the Adult Probation Department have decided to re-convene
the Anti-Graffiti Steering Committee that was created in 1997 to address the
problem of graffiti vandalism in the community.
El Paso County Attorney José R.
Rodríguez has successfully prosecuted a landlord who had several families,
including half a dozen children, living in very dangerous and unhealthy
conditions.
Luis Torres, the owner of a trailer
park located at 749 Ascension Rd.
in Horizon City, was found guilty this past Friday
to one violation of the Texas Water Code (failing septic system) and to another
public nuisance charge of unsanitary and fire-hazard conditions at his
property.
Justice of the Peace Precinct 6, Rubén Luján, sentenced Mr.
Torres to pay a $259 fine for the septic tank violation, and to pay $200 plus
court costs for the public nuisance violation. The defendant was also ordered
to abate the nuisances, and was prohibited from leasing or otherwise inhabiting
any dwelling at 749 Ascension. Mr. Torres will also have to remove all but one
dwelling, install a new septic system, and re-apply with the El Paso county Road and Bridge Department for
a certificate of compliance to obtain electrical power and water for his
property.
The charges
originated from a September 2006 incident, when a resident reported a spill of
raw sewage underneath a mobile home at 749 Ascension. An investigator from the
El Paso City-County Health District found several families living in buildings
with missing walls and leaky roofs. The investigator also found evidence of
cockroach infestation on one kitchen and bathroom. Some residents
complained of sewage discharging underneath some of the 4 mobile homes on-site.
The investigator also reported multiple dwellings connected to only one septic
system, and numerous electrical extension cords running from unauthorized
circuit breaker boxes to some of the dwellings, and from room to room
throughout the trailer park. Some of the extension cords were running on the
ground and were frayed. Mr. Torres was issued 2 violation notices asking him to
abate the nuisances; he was also told that the multiple electrical extension
cords were a fire hazard and that he had to disconnect them.
Two months later, on November
26, 2006, a fire caused by an electrical short was reported at the same
address. Three mobile homes were burned and several families were
displaced as a result of the fire. The very next day another inspector from the
Health Department responded to the same address to investigate a complaint of
overflowing sewage from the septic tank. The inspector confirmed several
families with young children were still living on the property even though
there was no electrical power because of the fire. Witnesses observed children
wading through the sewage.
On November 29,
2006, two of the El Paso County Attorney's Office's investigators discovered
that Mr. Torres had obtained a gasoline-powered generator and was distributing
electricity through extension cords to several families living in the apartments
and mobile homes that were not burned. Because of the impending freezing
temperatures over night, the investigators and El Paso County Emergency
Services District No. 1 Fire Chief Stephen Hoeller were able to obtain shelter for
the families. The Baptist
Church and El Paso
Baptist Association provided additional shelter. In early December the water
service was disconnected after the Health Department revoked Mr. Torres'
license to operate the septic system at 749 Ascension.
"Every
time we find cases like these where landlords have families living in
sub-standard conditions, we face a big challenge trying to prosecute and find a
proper punishment for whoever is responsible, because in Texas county governments
lack the power to enact land use and building codes," said El Paso County
Attorney José R. Rodríguez.
"Fortunately no
one lost their life as a result of the fire, which was caused by the electrical
overload. It is imperative that we protect the public health and safety by
enacting and enforcing more stringent laws. Many people live in sub-standard
conditions and are fearful of complaining because they might be evicted, their
rent increasing, or being deported, if undocumented, at the hands of unscrupulous,
avaricious landlords."
The
County Attorney's Office is working to convince
the Texas Legislature to give counties the power to enact land use and building
codes to help prevent the development of new Colonias.
Rodríguez
added that public nuisance is an on-going problem in the county of El Paso,
and his office will continue to prosecute such offenders. The penalty for the
crime is a fine of up to $200. To report
public nuisances, call the El Paso City-County Health and Environmental
District at 860-2378.
Horizon Landlord Trial Press Release.pdf
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Police initiates
search for wanted contractors
El Paso
Count Attorney José R. Rodríguez announced today that he has obtained arrest
warrants against two contractors accused of taking advantage of a Northeast El
Paso family that was trying to repair their home after the recent floods.
32-year-old Joseph Arroyos and 29-year-old Claudia Gisela
Ramirez, of 9316 Cannes Circle,
face charges of deceptive business practice, a class ‘A' misdemeanor,
punishable with a fine not to exceed $4,000 and/or up to 365 days in jail.
According to the complaint
affidavit, on October 10, 2006 Rosa Vasquez hired Arroyos and Ramirez, doing
business as "Dreams Come True Construction", to repair the roof of her
house that was seriously damaged by rain. The victim had received 2 checks from
her insurance company to pay for the repairs. On that date she gave the first
check in the amount of $993 to Joseph Arroyos. Almost a week later, a group of
workers from "Dreams Come True Construction" showed up at her residence
on 5545 Prince Edward to remove some damaged shingles from the roof, but the
work was left unfinished after an Inspector that was passing thru the
neighborhood advised them to stop the work because they did not have the proper
vehicle to transport the shingles and they lacked the permits to fix the roof.
The workers left leaving the shingles all over her yard as well as hundreds of
nails, creating a dangerous situation. Vasquez said nobody from "Dreams Come
True Construction" ever came back to her house to finish the job. The home
was left in inhabitable conditions, and that caused Ms. Vasquez to spend all
her savings to hire a second company to make other repairs. As a result, she is
suffering financial hardship during this holiday season. "There is no money
left to buy presents for my children," said Ms. Vasquez, "We used it all to fix
the roof. The house has still not been
repaired by the contractor."
Joseph
Arroyos has an extensive criminal history accompanied by complaints from
individuals who paid him for services that were never rendered, including a second
outstanding warrant for a repair contract on a house in the North Loop area this
year, and 5 pending criminal charges for deceptive business practices for
operating contracts under the business name "CJ Construction" and "C
and J Construction." Arroyos also has an outstanding contempt of court warrant
for unpaid child support. According to court records up to today he owes over $40,000
in unpaid child support.
"The case
of Rosa Vasquez has been a nightmare for her family," said County Attorney José
R. Rodríguez "This case is another example of why it is very important not to
give money upfront for work. We need the community's help in locating these two
wanted individuals, to put a stop to all their scams," explained Rodríguez.
If you have information that could
lead to the arrest of Joseph Arroyos and Claudia Gisela Ramirez, you are asked
to please contact the El Paso Police Department at 564-7000.
If you feel you have been victim of
a scam on the hands of an unscrupulous contractor, please contact the police
department or call the County
Attorney's Office, at
546-2050.
Contractors Wanted Press Release.pdf
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Joseph Arroyos Claudia
Gisela Ramirez
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County Attorney
José R. Rodríguez announced today that Adam Curiel, the 17-year-old juvenile
found delinquent of Capital Murder on November 2003, will be transferred this
week to an adult prison to serve the remainder of his 40-year sentence.
Curiel,
a resident of Chaparral NM., was convicted for the fatal shooting of 54-year-old
Chuck Potts, a highly decorated Vietnam War veteran who was working as a
convenience store clerk in Northeast El Paso
in October 29, 2002, when the incident happened.
On November 7, 2003 a San Antonio jury declared Adam Curiel delinquent,
the juvenile justice system equivalent of guilty, and sentenced him to 40-years
in prison, the maximum sentence for a juvenile under Texas law.
The Texas Human Resources Code mandates that a
juvenile sentenced for Capital Murder under the determinate sentencing laws
must be transferred from the Texas Youth Commission to the Texas Department of
Criminal Justice (Adult Prison) upon his 21st birthday, unless the
juvenile has already served 10 years of his sentence.
Curiel will be 21 years old on Friday December 15,
2006, and has only served 4 years in prison; as a result he will automatically be
transferred to an adult prison by this Friday to serve the remainder of his
sentence.
Because the Texas Government Code requires
juveniles convicted of capital murder who are transferred to TDCJ to serve at
least half their sentence before they are eligible for a parole hearing, Curiel
will need to serve at least 16 more years before he is considered for a parole
hearing, and even then, the hearing does not guarantee that he will be
released.
"The transfer of Adam Curiel to the State penitentiary
serves as a lesson to juveniles who commit violent crimes like capital murder;
they will do time in adult prison, and we will continue to pursue all
legal avenues, such as the Texas Determinate Sentence Statute, to protect and
safeguard the community against offenders like him," said El Paso County
Attorney José R. Rodríguez.
- 30 -
Adam Curiel Press Release.pdf
On Sunday December 3, 2006, El
Paso County Attorney
José Rodríguez will meet with dozens of residents of San Elizario and Clint who
have expressed concerns about the traffic checkpoints reinstated by the El Paso
Sheriff Department.
The County Attorney
was invited by members of the Border Network For Human Rights to talk to the
residents about issues related to the enforcement of civil immigration law by
local law enforcement agencies.
During the last couple of weeks,
colonias residents have expressed concerns about the possibility that traffic
checkpoints implemented by the El Paso Sheriff Department could be used to detain
illegal immigrants.
On October 10, 2006, El Paso Sheriff
Leo Samaniego announced that he was reinstating the Department's vehicle checkpoints,
and even though he clearly stated that the only purpose was to enforce traffic
laws of the State of Texas,
some residents still fear that officers will target illegal immigrants.
County Attorney José R. Rodríguez
explained that the meeting will help to dispel resident's fears and to give
them more information about what role the local law enforcement officers play
with regards to enforcing the federal immigration laws.
"We need county residents to trust local
law enforcement officers enough to call them whenever they need help or a crime
has been committed. Public safety cannot be achieved if the residents,
regardless of their immigration status, fear the authorities," Rodríguez
explained.
The meeting will take place on
December 3, 2006 at 10 a.m. at the San Elizario Church, 1556 San Elizario Rd., in San Elizario.
WHO: County Attorney José R. Rodríguez
WHAT: Meeting
with San Elizario Residents
WHEN: Sunday December 3, 2006 at 10:00 AM
WHERE: San Elizario Church
1556 San Elizario Rd.
(San Elizario, TX)
-30-
County
Attorney José R. Rodriguez will be in Washington until
Saturday and will only be available for phone interviews. To make arrangements,
please call Elhiu Dominguez at
546-2016.
Colonias Immigration Meeting Press Release.pdf
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