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