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.
# # #
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.
# # #
Animal Cruelty Press Release.pdf
El Paso County Attorney José R. Rodríguez and Precinct 1 County Commissioner Anna Pérez will testify today in Austin before the Texas Legislature in support of a bill that would give the County of El Paso the authority to create an "Ethics Commission" with the power to investigate complaints and assess civil penalties.
On February 23, 2009, El Paso County Commissioners approved the language for a proposed legislation that would create an Ethics Commission with the authority to receive confidential complaints, investigate those complaints, with subpoena power, and with the authority to assess civil fines and refer cases to the appropriate prosecuting attorney in case of criminal violation of the ethics code.
The proposal was filed by Representative Marisa Marquez as House Bill 2301 on March 3rd, and by Senator Eliot Shapleigh as Senate Bill 1368 on March 4th.
Today El Paso County Attorney José R. Rodríguez and Precinct 1 Commissioner Anna Pérez will testify before the House Committee on County Affairs and the Senate Committee on International Relations & Trade in support of the corresponding bills.
Under the proposal, the Ethics Commission will regulate the conduct of County officials, County employees, vendors, lobbyist and others who do business with the County. The Commission will consist of 9-members: one appointed by each member of Commissioners Court, and 4 representatives "at large" from the public chosen by the appointed members.
El Paso County Attorney José R. Rodríguez explained creating a County Ethics Commission "with teeth" became necessary after the FBI revealed that it had been conducting a public corruption investigation involving county elected officials, judges and employees.
"Tainted deals have cost our County millions, and it is costing us still more money, time and resources to try and recover some of that lost property," said County Attorney Rodríguez.
"The idea of an ethics code makes some people nervous, but most people realize that it is simply good policy to identify questionable behavior and put it out of bounds," Rodríguez concluded.
El Paso County Commissioner Anna Pérez said creating a County Ethics Commission "is an opportunity to be state leaders in sharing accountable government.
"We need to work on improving the public's trust in county government," Perez concluded.
The hearing of the Senate Committee on International Relations & Trade is scheduled to begin at 12:30 p.m. (El Paso time) in room E1.016. To watch the live streaming of the hearing follow this link: http://www.senate.state.tx.us/ram/helix/ch6.ram
The hearing of the House Committee on County Affairs is scheduled to begin at 1:00 p.m. (El Paso time) in room E2.016. To watch the live streaming of the hearing follow this link: http://www.house.state.tx.us/fx/av/live/extlivecmte36.ram
WHO: County Attorney José R. Rodríguez and County Commissioner Anna Pérez
WHAT: Testimony before the Texas Legislature in favor of the creation of the El Paso County Ethics Commission
WHEN: Monday March 23, 2009 at 12:30 p.m. and 1:00 p.m. El Paso time.
WHERE: State Capitol, Austin Texas.
# # #
Ethics Commission Hearing Press Release.pdf
JRR Testimony for SB 1368.pdf
Exhibit A- Summary Ethics Legislation HB2301.pdf
La solicitud incluye 2 ‘zonas protegidas' y a 27 miembros de la pandilla Bloods
El Procurador del Condado de El Paso José R. Rodríguez y el Jefe de la Policía de El Paso Gregory Allen anunciaron hoy que ha sido archivada en corte una solicitud para obtener una nueva orden de restricción contra pandilleros que cometen crímenes en el Noreste de la ciudad.
La solicitud para la Orden de Restricción contra Pandillas fue presentada esta mañana en la Corte del Condado # 3. La solicitud crea 2 zonas protegidas en el noreste de El Paso, denominadas "Zona Protegida del Triángulo" y "Zona Protegida Patriota", y nombra a 27 miembros reconocidos de la pandilla "Bloods."
También esta mañana el Juez de la Corte del Condado # 3, Javier Álvarez emitió una Orden de Restricción Temporal contra los 27 miembros de la pandilla mencionados en la solicitud. La Orden de Restricción Temporal hace validas las restricciones contenidas en la solicitud por un periodo de 14 días, periodo después del cual se realizará una audiencia para determinar si se otorga una Orden de Restricción Permanente.
Si es aprobada de manera permanente, la nueva Orden de Restricción Contra Pandillas no solo aumentará las penas para los acusados que cometan crímenes dentro de las zonas protegidas, sino que también les prohibirá realizar otras actividades que pudieran considerarse "molestas" para el público, como por ejemplo:
- Reunirse con otros miembros de la pandilla en público
- Entrar a las propiedades o vehículos de otros miembros de la pandilla
- Entrar a las escuelas (a menos que exista una razón legitima)
- Poseer bebidas alcohólicas en la vía pública a cualquier hora
- Portar cualquier tipo de arma, incluyendo bats de beisball y clubs
- Pelear dentro de cualquier lugar dentro de la zona protegida
- Poseer pintura de aerosol, marcadores o navajas para marcar graffiti
- Acercarse o comunicarse con los tripulantes de un vehículo
- Molestar o amenazar a los residentes o los transeúntes
- Hacer demasiado ruido innecesariamente a cualquier hora del día o la noche
- Utilizar pagers, beepers o teléfonos celulares en la vía publica
- Avisar a otras personas sobre el arribo de agentes policíacos
- Ayudar a esconder a otros pandilleros de la policía
- Utilizar señales de pandilla en la vía pública
- Permanecer en la vía pública dentro de las zonas protegidas después de las 10 de la noche y hasta las 6 de la mañana
- Utilizar lenguaje obsceno en público
- Dar información falsa a los oficiales de la policía
La Zona Protegida de el Triángulo inicia en la intersección de Gateway North y Dyer, y está delimitada al oeste por Gateway North, al este por la calle Dyer, y al norte por la calle Hondo Pass.
La Zona Protegida Patriota está delimitada al sur por la calle Transmountain Drive, al oeste por la calle Gateway North, al este por la calle McCombs, y al norte por la calle Sean Haggerty.
De acuerdo con los archivos de la policía, los 27 miembros de la pandilla Bloods incluidos en la solicitud se asocian regularmente para cometer actos de delincuencia organizada, incluyendo asaltos agravados, robos, crímenes con armas, y transacciones de narcotráfico dentro de las zonas designadas. La pandilla de los Bloods son responsables de más de 100 delitos graves cometidos en el área en los últimos 4 años.
Para hacer esta Orden de Restricción Contra Pandillas una realidad, la Oficina del Procurador del Condado trabajo muy de cerca con el Departamento de Policía de El Paso por más de un año para recolectar la evidencia necesaria.
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Members of the Bloods Included in the NE Gang Injunction.pdf
Petition includes 2 "safety zones" and 27 members of the Bloods
El Paso County Attorney José R. Rodríguez and El Paso Police Chief Gregory Allen today announced the filing of a new gang injunction to combat gang activities in the streets of Northeast El Paso.
The Petition for the new gang injunction was filed this morning and landed in the County Court at Law # 3. The request creates 2 safety zones in Northeast El Paso, the "Triangle Safety Zone" and the "Patriot Safety Zone," and names 27 known members of the Bloods street gang.
Also this morning, the County Court at Law # 3 Judge Javier Álvarez approved a Temporary Restraining Order against the 27 members of the Bloods named in the petition. The Temporary Restraining Order activates the restrictions contained in the application for a period of 14 days after which the Court will conduct a hearing to consider granting a Temporary Injunction.
If approved permanently, the new gang injunction will not only increase punishment for defendants who commit crimes within the safety zones, but also will forbid them from carrying out other activities considered a public nuisance, such as:
- Gathering with other gang members in public view
- 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
- Possessing any weapons, including baseball bats and clubs
- Fighting anywhere within the safety zones
- Possessing aerosol paint, markers, or razor blades used for tagging
- Approaching or communicating with occupants of vehicles
- Harassing residents or bystanders
- Making unnecessary loud noise at any time of the day or night
- Using pagers, beepers, cellular phones in any public place for any purpose
- Signaling to other persons to warn of the approach of law enforcement officers
- Harboring or concealing another gang member to evade law enforcement officers
- Using gang hand signs in public
- Doing any activity outdoors between 10 p.m. and 6:00 a.m. in the safety zones
- Using abusive, profane or vulgar language in public place
- Giving false information to law enforcement officers
The "Triangle Safety Zone" starts at the intersection of Gateway North and Dyer and encompasses Gateway North on the West, Dyer on the east, and Hondo Pass on the north.
The "Patriot Safety Zone" encompasses Transmountain Drive on the South, Gateway North on the west, McCombs on the east, and Sean Haggerty on the north.
According to police records, the 27 members of the Bloods included in the petition regularly associate to commit organized criminal activity, including aggravated assaults, burglaries, robberies, weapon offenses, and drug related transactions in the designated areas. The Blood gang is responsible for over 100 criminal offenses in the last 4 years. in El Paso County.
To make this new gang injunction a reality, the County Attorney's Office worked closely together with the El Paso Police Department for more than a year to collect evidence against the 27 named defendants.
El Paso County Attorney José R. Rodríguez explained the request for a new gang injunction was filed in response to resident's complaints about increased gang activity in the area.
"This new gang injunction should send a strong message that gang criminal activity will not be tolerated in our community. By curbing gang activity in the area we are trying not only to reduce crime the same way it happened a few years back in the Segundo Barrio when we filed the first gang injunction against the Barrio Azteca. We are also trying to protect minors from being sucked into gangs and starting a path towards crime or drug addiction," County Attorney José R. Rodríguez said.
El Paso Police Chief Gregory Allen explained that this new gang injunction will give his officers more legal tools to combat the proliferation of gangs in Northeast El Paso.
"This injunction will be a great tool to help my officers combat the gang and their influence and crimes in the community," El Paso Police Chief Allen said.
According to police records, the Bloods are just one of several street gangs committing crimes in Northeast El Paso. For that reason the County Attorney's Office is already working with the El Paso Police Department to gather evidence that will be used in the upcoming months to file petitions for additional gang injunctions against members of other gangs.
# # #
Bloods Gang Injunction Press Release.pdf
Members of the Bloods Included in the NE Gang Injunction.pdf
NE Gang Injunction Maps.pdf
How gang injunctions work.pdf
2003 Injunction Results Chart.pdf
El Paso County Attorney José R. Rodríguez announced today the sentencing of a local contractor accused of defrauding two El Paso residents.
38 year-old José Galván pled guilty this morning to 2 counts of Deceptive Business Practices at County Criminal Court #1. Judge Carlos Carrasco sentenced Galván to 300 days in jail.
According to one of the complaint affidavits, on September 2004 the defendant, doing business as "J & G Construction," received $37,000 to build an addition to a home in the Cielo Vista area. The victim complained that only one third of the work was completed.
The second complaint alleged that on January 2006 Galván, doing business as "Luxury Homes," received $126,000 to build a house in the Socorro area, but only completed half the work. The victim also claimed that a couple of months after she signed the contract, a local physician contacted her and told her that Galván had sold her house to him.
As of today, the local chapter of the Better Business Bureau does not have any complaints or negative information against José Galván or his two companies. The County Attorney's Office encourages consumers to always file complaints with the BBB when they believe that have been victimized, as these complaints provide a service to other potential customers in the community.
After the sentencing, County Attorney José R. Rodríguez warned consumers about the dangers of engaging in "advance fee" contracts.
"Consumers must be very cautious when it comes to giving builders money up front. Once the consumer has given money to the unscrupulous contractor, it is very difficult for us to get it back. This is why we recommend to the public to pay the complete amount of the contract only after the job is finished, and after corroborating the quality of the goods or services received," Rodríguez said.
# # #
J & G Construction Press Release.pdf
During the last couple of months, the Family Violence Unit of the El Paso County Attorney's Office has been helping an increasing number of victims who have been threatened with being taken to Ciudad Juarez to be killed by their spouses.
The restless violence present in Ciudad Juarez, along with the chronicles of hundreds of femicides, has increased the impact of those threats on victims of domestic violence in El Paso.
With the objective of increasing awareness among the El Paso legal community about the link between the violence in Juarez and the cases of domestic violence in our community, El Paso County Attorney José R. Rodríguez is hosting Dr. Kathleen Staudt in an effort to create a dialog amongst judges of the 34th Judicial District.
Kathleen (Kathy) Staudt, a professor of political science at UTEP with a PhD from the University of Wisconsin, will be talking about "Femicide-Borders as magnets for Violence: General Suggestions for legal institutions working with victims of family violence on the border."
The presentation is not open to the public, but interested members of the media may attend.
WHO: County Attorney's Family Violence Unit
WHAT: Presentation "Femicide-Borders as magnets for Violence"
WHEN: Friday February 27, 2006 at 11:30 a.m.
WHERE: El Paso County Courthouse, Room. 306
500 E. San Antonio
# # #
Juarez Threats Press Release.pdf
Bill Now Goes Before the Texas Legislature for Discussion and Approval
By a 5-0 vote, the El Paso Commissioner's Court this morning approved proposed legislation to provide statutory authority and enhanced power to the current County Board of Ethics.
The proposal calls for the creation of a 9-member body to oversee compliance of the County's Ethics Code: one appointed by each member of Commissioner's Court, and 4 representatives from the public chosen by the appointed members.
If approved by the Texas Legislature, the proposed bill will authorize the El Paso Ethics Commission to assess civil and criminal penalties for violations of the ethics code. Some of the penalties contemplated in the proposed legislation include fines of up to $4,000 for violations, fines of up to $500 for County public servants (Elected County officials, County employees and agents), lobbyists and vendors who delay providing information to the Commission, and up to 3 months in jail for unauthorized destruction or release of confidential information.
During the meeting, El Paso County Attorney José R. Rodriguez explained the proposed legislation was necessary because currently county governments under Texas law do not have the power to enact ethics codes with civil or criminal sanctions.
"In the last few months we have heard criticism from El Paso residents who rightly point out that the current County Ethics Code does not have teeth. The current Board of Ethics can only issue "public censures" to individuals who violate the code, and that to residents is the equivalent of a slap on the wrist," County Attorney Rodriguez explained.
"With the approval of this item, El Paso County becomes a state leader in demanding ethical conduct from its public servants and the individuals who solicit business from them," Rodriguez concluded.
The proposed legislation now goes to members of the El Paso legislative delegation and will be filed in the Texas House and Senate in the next few days.
# # #
Ethics Commission Proposal Press Release.pdf
Summary Ethics Legislation 2-18-09.pdf
County Ethics Commission Bill Draft 2-24-09.pdf
The El Paso County Ethics Board met this morning in a special meeting and approved proposed legislation to authorize the creation of an Ethics Commission. The Commission, in contrast to the current Ethics Board, would have the authority to enact an Ethics Code that includes assessing fines and criminal penalties to County public servants, lobbyist and vendors, who violate the Code.
At the meeting El Paso County Attorney José R. Rodriguez explained the details of the legislative proposal, explaining that the residents of El Paso demand more accountability from County government.
If approved as written, the proposed legislation would create an Ethics Commission of 9 members; one appointed by each member of the Commissioner's Court, and 4 representatives from the public chosen by the appointed members.
The bill would also authorize the Commission to assess fines of up to $4,000 for violations to the Code of Ethics, of up to $500 to officials or County employees for delays in providing information to the Commission, and up to 3 months in jail for unauthorized destruction or release of confidential information.
The legislation would also give the Commission strong investigative powers, including the authority to issue subpoenas and offer witnesses whistle blower protection.
El Paso County Attorney José Rodríguez said residents of El Paso County have been demanding more accountability from their County officials, particularly after some of them became the target of a public corruption investigation by the local FBI.
"During the last few months taxpayers and the media have been criticizing the County's Board of Ethics because it lacks "teeth" to enforce violations to the Code of Ethics. The approval of the proposed legislation today is the first step towards implementing a new system that will require from elected officials and County employees higher degrees of professionalism and honesty," Rodriguez said.
Members of the Ethics Board will present the proposed legislation to the El Paso Commissioner's County on Monday February 23, 2009 and request their support for the measure. If approved, the bill will be filed in the Texas legislature by members of El Paso delegation.
# # #
Summary Ethics Legislation 2-18-09.pdf
County Ethics Commission Bill Draft 2-18-09.pdf
El Paso County Attorney José R. Rodríguez today announced the sentencing of an East El Paso resident who pled guilty to violating the State Illegal Dumping Statute, on private property, in East El Paso County.
48-year-old Jesús Fernández pled true to a motion to revoke his probation for illegal dumping, in violation of the Texas Health and Safety Code.
The offense occurred March 20, 2007, when a Sheriff's deputy was dispatched to 13599 Pellicano, in East El Paso County, in reference to an illegal dumping. The reporter described a black Nissan Frontier, which the deputy found at the 13600 block of Pellicano. The defendant admitted to dumping five 50-pound bags of trash in the desert area, close by.
On February 15, 2008, Judge Alma Trejo of the County Criminal Court at Law Number One (the Environmental Court), sentenced Jesús Fernández to 12 months deferred probation, 80 hours of community service at the Clint Landfill or other community clean-up, and $1000 fine plus court costs. Months later, the State filed a Motion to Revoke Mr. Fernández' probation, as he failed to perform all of the terms and conditions of his probation.
On February 5, 2009, Judge Carlos Carrasco of the County Criminal Court at Law Number Three sentenced Jesús Fernández to 75 days in the County Jail.
"Illegal dumping is a serious environmental crime which affects health and quality of life," said El Paso County Attorney José R. Rodríguez. "The illegal dumping of household trash costs taxpayers thousands of dollars every year in investigation, prosecution, and clean-up costs, moneys that we could be spending on other worthwhile projects. Those who refuse to perform the terms and conditions of their probation will be revoked and given jail time."
Rodríguez stressed that the County Attorney's Office will continue to prosecute such offenders to the fullest extent of the law. 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.
# # #
Fernandez Conviction Press Release.pdf
El Paso County Attorney José R. Rodríguez today announced the sentencing of a San Elizario resident who pled guilty to violating the State Illegal Dumping Statute, on private property, in far east El Paso County.
21-year-old Luis Javier Perales pled guilty today 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). Perales was sentenced to 12 months deferred probation, 100 hours of community service at the Clint Landfill or other community clean-up, and $1000 fine plus court costs. Mr. Perales was also ordered to clean-up two dumpsites where he illegally disposed of household trash, a mattress, and some tires.
The offense occurred on Sunday, March 9, 2008. Sheriff's deputies were dispatched to the intersection of S. Ascension and Colonia Granja, in East El Paso County, to investigate an illegal dumping call. The reporter described three males in a pick-up truck pulling a small flatbed trailer with a mattress and other trash, all of whom were dumping trash onto the desert. Upon interviewing the suspects, the deputies discovered that the defendant found the landfill closed, and instead of taking the waste back to his home, he decided to dump the trash in the desert, with the help of his cousin and uncle. During the investigation, the deputies found a second, older dumpsite near the place where the mattress and other trash had been dumped.
"Illegal dumping is a serious environmental crime which affects health and quality of life," said El Paso County Attorney José R. 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. 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 stressed that the County Attorney's Office will continue to prosecute such offenders to the fullest extent of the law. 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.
# # #
Perales Conviction Press Release.pdf
On Thursday November 13, 2008, El Paso County Attorney José R. Rodríguez will testify in Austin, Texas, before the Mexican-American Legislative Caucus (MALC) of the Texas House of Representatives on the negative consequences of building a border wall between the US and Mexico.
MALC Chair, Representative Eddie Lucio III, will preside over the hearing to be held in the House Appropriations room, E1.032, at 8:00 a.m. The participants will analyze, among other topics, the possible effects a wall between Mexico and Texas would have on the border’s predominantly Hispanic community, as well as the rest of the state. Testimony received will be used to formulate legislation in response to the border wall.
El Paso County Attorney José R. Rodríguez has been invited to testify in relation to the federal lawsuit the County and the City of El Paso filed this summer challenging Congress’ unconstitutional delegation of authority that allowed Secretary of Homeland Security Michael Chertoff to waive more than 30 federal, state, and local laws, in order to accelerate the construction of the border wall.
County Attorney Rodríguez will explain to house members that a border wall will not keep immigrants out, but on the other hand, will bring serious environmental, economic and cultural consequences to the El Paso and Juarez region.
Recent data from the Department of Homeland Security shows that this year, in the El Paso Sector, the number of undocumented immigrants apprehended by the Border Patrol dropped 60 % in relation to the previous year. This huge drop in detentions was achieved before the construction of the border fence even began by conducting operations that place Border Patrol agents in close proximity to one another along a certain area of the border to prevent illegal crossings. Rodríguez says this data refutes the Department of Homeland Security’s contention that the border wall is necessary to maintain operational control of the border.
El Paso County José R. Rodríguez believes that the billions of dollars that the federal government will spend building the border wall would be better invested in providing more resources to the federal agents that patrol the border.
Rodríguez believes that the border wall in El Paso will be negatively impact the water supply to many farmers in the Lower Valley and potentially affect the ability of the El Paso County Improvement District #1 to supply water to 50% of El Paso residents. The border fence will also hinder bi-national efforts to re-introduce endangered species such as the Mexican gray wolf because the protection of wolf habitats require open corridors in the border region.
The Border Wall will also harm conservation efforts that are underway to protect the Rio Bosque Wetlands Park, in El Paso’s lower valley, and will affect the cultural history of the region, as the border wall cuts through sacred ceremonial land used for centuries by the Ysleta Pueblo del Sur Tribe (Tigua).
County Attorney Rodríguez will explain to members of the Texas House of Representatives that the best way to tackle the problem of illegal immigration is to seek approval of comprehensive immigration reform.
“A multi-billion dollar effort to construct the Border Wall simply does not make sense. At a time when America faces a severe financial crises it is simply irresponsible to pour additional money into a wall that will scar our environmental landscape and damage our relationship with communities across the border,” Rodríguez said.
“Instead of deterring illegal immigration, the wall will symbolize not only a failed immigration policy, but also a country barricading itself from the rest of the world,” Rodríguez concluded.
WHO: Mexican-American Legislative Caucus (MALC) of the Texas House of Representatives
WHAT: Hearing on the effects of the border wall
WHEN: Thursday November 13, 2008, at 8:00 a.m.
WHERE: Texas House Appropriations room, E1.032
Austin, Texas.
On Wednesday, December 3, 2008, El Paso State Senator Eliot Shapleigh, Congressman Silvestre Reyes, County Attorney Jose Rodriguez, and City Representative Steve Ortega, signed a joint letter addressed to President-elect Barack Obama opposing the construction of the Border Wall. The signing-in ceremony took place this afternoon at the Hotel Camino Real, as part of the two-day National Border Wall Summit that is currently taking place in El Paso. Other El Paso elected officials who couldn't be present will also sign the letter.
In the letter, the elected officials request President-elect Barack Obama to stop the construction of the border wall and instead concentrate the efforts of his administration on achieving control of the border by adequately staffing the ports of entry, using state-of-the-art technology to detect border incursions, funding the construction of modern infrastructure along the border, and allocating sufficient resources to achieve effective enforcement.
The officials also state that it is fiscally irresponsible to spend 6.3 billion dollars "...on a wall that will not only scar our environmental landscape, but also damage our relationship with communities and countries across the Americas."
The letter explains that sections of the border wall built in California have already begun to erode the Tijuana River Estuary, and another section of the wall in Arizona has caused severe flooding in Nogales.
The letter closes by asking President-elect Obama to "stop the muros de odio[walls of hate] on our southern border -let us stop building these ill-conceived walls founded in current notions of racism. As the next President of the United States, we hope you administration will lead the U.S. to once again be the beacon of hope to the world."
A copy of the letter will also be delivered to Hillary Clinton, Secretary of State designee, Janet Napolitano, Secretary of Homeland Security designee, Bill Richardson, Secretary of Commerce designee, and John Podesta, Presidential Transition Team Co-Chair.
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Border Fence Letter Press Release.pdf
No Fear, No Guilt, No Shame Campaign
El Paso County Attorney José R. Rodriguez today announced a week-long series of events aimed to inform the ***, gay, bisexual and transgender (LGBT) community about resources available in our community to combat domestic violence.
The “No Fear, No Guilt, No Shame” campaign was organized by the County Attorney’s Office in conjunction with the organization “Puentes LGBT Resources” to reduce the incidence of domestic violence among members of the LGBT community. Gay and *** community members will receive information about programs and agencies that can provide help to victims of intimate partner violence.
The series of events are structured in a way that allows members of the legal and law enforcement agencies to answer questions and present information on available services to members of the LGBT community. At the same time, service providers will be able to learn about specific issues affecting victims within the LGBT community, and how to help them more efficiently to cope and recover from domestic violence experiences.
Gay and *** couples experience domestic violence like everyone else. Often, victims struggle with the pain on their own, fearing that law enforcement and other agencies will judge them harshly or ignore their complaints.
The campaign will begin on Tuesday, October 21, 2008, at the El Paso County Courthouse with a community forum where the organizers will discuss the results of a survey that reveals the prevalence of LGBT domestic violence in El Paso.
The week-long activities will end on Saturday October 25, 2008 with a presentation on the domestic violence movement in LGBT communities at the state and national levels. “This conference is the latest in a series of efforts focused on raising domestic violence awareness in the community; previous conferences have been directed towards teens and the general population. This conference will focus on another, perhaps more, vulnerable population: the gay and *** community,” explained County Attorney José R. Rodríguez.
WHO: El Paso County Attorney's Office and Puentes LGBT Resources
WHAT: No Fear, No Shame, No Guilt Campaign
WHEN: October 21 thru the 25, 2008
WHERE: Several locations
Tuesday October 21, 2008 6:00 - 8:00 p.m.
Community Forum: Domestic and Dating Violence in LGBT Relationships
El Paso County Courthouse, 500 E. San Antonio, 3rd floor
Wednesday October 22, 2008 7:00 – 9:00 p.m.
Roundtable Discussion: Legal Aspects of LGBT Violence
The Percolator, 217 N Stanton St. (by invitation only)
Thursday October 23, 2008 6:00 – 8:00 p.m.
Panel Discussion: LGBT Issues in Domestic Violence
Center Against Family Violence, 580 Giles Rd.
Friday October 24, 2008 6:00 – 8:00 p.m.
Presentation: Legal Advocacy for LGBT Communities|
Metropolitan Community Church, 216 S. Ochoa St.
Saturday October 25, 2008 1:45 -2:30 p.m.
Presentation: Reaching Out to LGBT Victims of Intimate Partner Violence
Region 19 ESC Head Start Multi-Purpose Center, 11670 Chito Samaniego
For more information about a particular event please call Sam Aguilera at (915) 526-1350.
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LGBT Domestic Violence Press Release.pdf
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