Third time’s the charm for municipal judge

This comes from the (Harlingen, TX) Valley Morning Star…

MERCEDES — State troopers arrested a Mercedes municipal judge on felony driving while intoxicated charges early Saturday morning.

A Texas Department of Public Safety trooper stopped Mercedes Municipal Judge Rogelio Garcia about 2 a.m. Saturday near the intersection of Dixieland Road and Lincoln Street near Valle Vista Mall, said Trooper Johnny Hernandez, a local agency spokesman.

Troopers allege Garcia, 48, was exceeding the speed limit in a Ford Fusion. He failed a standard field sobriety test and refused to provide a breath sample during the traffic stop and appeared “highly intoxicated,” Hernandez said.

Garcia was arrested for driving while intoxicated for the third time, jail officials said.

A state law enacted in September 2009 forces law enforcement officers to collect a suspect’s blood sample in felony cases, even if the person refuses to provide a breath test during the traffic stop.

The municipal judge “cooperated and gave blood,” Hernandez said. Troopers are awaiting those test results.

Garcia was booked and released at the Carrizales-Rucker Detention Center in Olmito about 5:40 a.m. Saturday, records show. He posted a $5,000 bond, jail officials said.

Garcia was convicted of his second DWI charge in Hidalgo County Court-at-Law No. 4 in March 1996. He was sentenced to one year of probation and a $350 fine. In that case, he was arrested by DPS troopers in September 1995.

Garcia’s first DWI arrest came in February 1984 at the hands of Hidalgo County Sheriff’s deputies. He was convicted of those charges and was sentenced to two years of probation.

Garcia had served as Mercedes’ alternate municipal judge until he was appointed to the full-time position in January 2009 — after Jesse Contreras took control of the 449th state District Court.

Contreras was arrested on DWI charges in September 2008, during his term as Mercedes municipal judge. Cameron County District Attorney Armando Villalobos still has not decided whether to prosecute that case.

Mercedes City Manager Richard Garcia — whose wife is the judge’s cousin — said he briefly spoke with Judge Garcia on Monday, who submitted a request for a leave of absence. Whether he will continue to receive his $3,000 monthly salary remains to be seen, the city manager said.

“At this point I really don’t know which way it’s going to go,” the city manager said. “He’s on contract, so it will be up to the mayor and the commission at some point to discuss that.”

Alternate Municipal Judge Juan Ramon Alvarez will assume full-time duties during Garcia’s absence, the city manager said.

Judge Garcia could not be reached Monday at his Mercedes office.

A third driving while intoxicated conviction — a third-degree felony — carries a maximum sentence of 10 years in prison and up to a $10,000 fine.

“Can’t help you. Sorry,” said a man who answered the phone at Garcia’s house, saying he was his brother.

Former school board member caught with kiddie porn

Welcome to Criminal of the Day’s Super Bowl coverage. This first tale comes to us from the Houston Chronicle…

A former La Porte ISD board member was arrested Wednesday on four charges of possession of child pornography, prosecutors said.

Larry Donald Cox, 66, is accused of downloading pornographic computer images of pubescent and prepubescent children.

After investigators with Houston Metro Internet Crimes against Children Task Force found several explicit videos on computers at Cox’s La Porte home, he told police that he was afraid to be with his grandchildren because he could not control himself, court documents show.

Calls to Cox’s home were not returned.

In a prepared statement Wednesday, La Porte School Superintendent Lloyd Graham said the board and administration were shocked by the allegations and charges.

“Actions by individuals leading to such charges are not indicative of the man that we knew,” Graham said.

The third-degree felony carries a maximum punishment of 10 years in prison.

Cox, a former professional football player, resigned Jan. 6 from the school board for “personal reasons.” He served eight months of his second two-year term, having been re-elected last May. In a special meeting Jan. 11, former board president Gene Horn was appointed to serve until the May 8 election.

According to the district, Cox worked in La Porte schools from 1974 to 2002, serving as a teacher, coach, assistant principal and principal. He was a defensive tackle for the Denver Broncos for four years in the mid-1960s.

Robbing Peter to pay… me

Thanks to the Houston Chronicle…

A former administrative assistant at the Harris County District Attorney’s Office has been charged with theft by a public servant in connection with the disappearance of $1,000.

Eloise Guerrero Mireles, 37, faces six months to two years behind bars and a $10,000 fine if convicted of the state jail felony, said Donna Hawkins, a spokeswoman for the district attorney’s office.

Investigators said they believe Mireles, in her capacity as a secretary in the victim witness division of the office, took four money orders, each for $1,000, from a probationer paying restitution to a crime victim. Mireles then pocketed one of the money orders and deposited it in her own account, court records allege.

According to personnel records, Mireles worked for the county from April 19, 1993 to Aug. 20. In 2007, she made $54,384. Hawkins would not say if Mireles had been fired or quit. In addition to handling money for restitution, workers in the victims/witness section shepherd victims and witnesses to court during trials.

A warrant has been issued for her arrest and she has not turned herself in, according to court records.

Her attorney, Juan Aguirre, said he was aware of the charge, but had not seen the allegations made by prosecutors. He declined to comment until he had reviewed the file.

Hawkins said it is common in similar cases for the district attorney’s office to bring in a special prosecutor, but no decision had been made yet.

Out of the grease and into the fire

This story comes courtesy of the Houston Chronicle…

Conroe Fire Marshal Ron Hyde has been indicted on a felony charge of theft by a public servant, accused of stealing money through improper reimbursement of travel expenses from a small Montgomery County city he serves as councilman.

Conroe Fire Chief Ken Kreger has restricted Hyde to administrative duties, barring him from any criminal investigations, until the issue is resolved. The travel reimbursements were made by the city of Shenandoah, a community of 1,600 just north of The Woodlands.

Hyde, who surrendered to authorities Wednesday, was later released on a personal recognizance bond. He deferred questions to his attorney, Dan Cogdell.

Cogdell said he hopes the case can be quickly resolved. “This is a mistake of the mind, not the heart,” said Cogdell of the state felony charge, which covers thefts from $500 to $1,500. “It was an error of judgment. He did not commit a crime.”

Neither Cogdell nor prosecutor Phil Grant would discuss details of the case.

Shenandoah Mayor Garry B. Watts released a written statement: “We have provided our full cooperation. Mr. Hyde will have his day in court, and out of respect for the legal process the city declines to comment further.”

Hyde has notified Shenandoah officials that he does not plan to attend the city’s Aug. 5 workshop or the Aug. 12 council meeting.

Shenandoah’s and Conroe’s Web sites paint a stellar portrait of Hyde.

He holds two associate degrees in fire science and arson investigation and has earned certification as a master peace officer, master firefighter, master fire service instructor and master arson investigator.