On Wednesday May 9, 2012, the Juvenile Probation Department will be launching its new E.M.P.O.W.E.R. program (Encouraging More Positive Opportunities With Empathy and Respect), which will focus on diverting juvenile cases involving minors with mental illnesses.
Additionally, the E.M.P.O.W.E.R. program seeks to provide engagement to long-term treatment services to youth with serious mental illnesses.
Representatives from many of the participating agencies are expected to attend the inauguration of the program, including El Paso County Attorney Jo Anne Bernal, District Attorney Jaime Esparza, El Paso Public Defender Clara Hernandez, UTEP President Diana Natalicio, County Commissioner Anna Perez, 65th District Court Judge Yahara Lisa Gutierrez, NAMI President Sindi Elloreaga, and County Mental Health Services Director Rita Ruelas.
WHO: Representatives from participating agencies.
WHAT: Inauguration of the new E.M.P.O.W.E.R. Program
WHEN: Wednesday May 9, 2012, at 11:30 a.m.
WHERE: Diversion Community Court
6400 Delta Dr., El Paso, Texas 79905
E.M.P.O.W.E.R. Press Advisory.pdf
El Paso County Attorney Jo Anne Bernal today announced the arrest of 58 individuals with outstanding warrants during a 3-day roundup that ended Thursday night. Thirty six officers from the El Paso Sheriff's Office, County Constables Precincts 1, 2, 3, 4, 5, 6 and 7, and investigators from the County Attorney's Office participated in the operation.
In addition to individuals arrested with Theft by Check warrants, others were arrested on other types of misdemeanor and felony warrants.
During the 3 days of the roundup, our office was able to collect $18,248 in restitution to local merchants. That amount, along with the $116,000 collected since the beginning of the amnesty period on March 14, 2012, brings the total collections for the amnesty program to more than $134,000; and cleared more than 870 checks hot checks.
El Paso County Attorney Jo Anne Bernal explained that most victims of hot check cases are small business owners who don't have the resources to collect on the checks themselves.
"Bad checks affect everyone, because they cause merchants to increase the prices of goods and services to make up their losses. With the hot check roundups, we seek to assist merchants in recovering losses from intentionally written bad checks," Bernal said.
"We will continue to aggressively pursue those persons with outstanding hot check warrants and encourage them to pay before they are arrested," Bernal added.
"I want to thank the El Paso County Sheriff's Office for their support in organizing the roundups, particularly Sergeant John Rodriguez from the Warrants Division. Also I would like to thank the Constables from all the Precincts and their deputies, as well as Justice of the Peace Precinct 4 Barbara Perez, who served as the evening magistrate. The combined effort of the parties involved helped make this hot check roundup a success," Bernal concluded.
In the upcoming weeks investigators from the County Attorney's Office will continue their search for individuals with outstanding arrest warrants.
Individuals can avoid arrest by paying their outstanding hot checks as soon as possible at the following locations:
El Paso County Courthouse
500 E. San Antonio, room 503
M- F 8:00 a.m. to 5:00 p.m.
El Paso County Ysleta Annex
9521 Socorro Rd., Suite A-3
M - F 8:30 a.m. to 5:30 p.m.
Forms of payment accepted include credit cards, money orders, cashier checks, and cash; however, those paying with cash will have to bring the exact amount.
In addition, individuals can make payments online 24 hours a day, 7 days a week through "Hot Check E-pay," by visiting the El Paso County Attorney's Office web-page at https://www.epcounty.com/hotchecks/
For more information regarding hot check payments and balances please contact the El Paso County Attorney's Office Hot Check Unit at 546-2051.
# # #
2012 Hot Check Roundups Results Press Release.pdf
On Tuesday May 1, 2012, local authorities will unveil the second mural created in a program that uses art to rehabilitate at-risk students.
The mural was painted by 11 boys and three girls from the El Paso Independent School District that are under supervision of the El Paso Juvenile Probation Department. The program is spearheaded by local muralist Jesus "Cimi" Alvarado, with the idea that nurturing artistic talents in delinquent children helps them change their destructive behavior.
"Art is a powerful motivator that helps teens rehabilitate from substance abuse problems and other negative habits by developing new skills and helping them feel proud of their work," Alvarado said.
The mural is located in the handball court at Ascárate Park, and depicts migrant workers, activist Cesar Chavez, and several Aztec symbols that represent the Hispanic heritage. The project was financed through a donation from the Adult Probation Department's "Graffiti Wipeout Program" and the supplies were furnished by the El Paso Independent School District.
The mural will be unveiled on Tuesday May 1, 2012 at 4:00 p.m. by El Paso County Attorney Jo Anne Bernal, 65th District Court Judge Yahara Lisa Gutierrez, El Paso Juvenile Probation Department Chief Roger Martinez, and EPISD Fine Arts Director Charles Angerstein.
The first mural created under the program also paid homage to immigrants, depicting farm workers, monarch butterflies (who migrate back and forth from Canada and Mexico every year), and Statue of Liberty along with Lady Justice. The mural was unveiled in June 2010 and remains at the offices of Las Americas Immigrant and Advocacy Center, 1500 E. Yandell Dr., in central El Paso.
For more information about the program, please call Assistant County Attorney Tracy C. Almanzan at 546-2050.
WHO: Representatives from participating agencies and students from EPISD.
WHAT: Mural Unveiling.
WHEN: Tuesday May 1, 2012 at 4:00 p.m.
WHERE: Handball Courts at Ascárate Park, 6900 Delta Avenue.
# # #
2012 Mural Project Press Release.pdf
Arrest roundups will begin unannounced immediately after
El Paso County Attorney Jo Anne Bernal today announced that more than 250 individuals have taken advantage of the hot check amnesty period since its implementation on March 14, 2012. During the first 29 days of the amnesty period the County Attorney's Office has received payment of 502 hot checks worth $82,200.
Bernal also reminded hot check writers with outstanding arrest warrants that the amnesty period ends today at midnight.
Individuals who take advantage of the amnesty period and pay their outstanding balances by today will avoid arrest during an upcoming county-wide warrant roundup that will be conducted by investigators of the El Paso County Attorney's Office, the Sheriff's Office, and Constables from Precincts 1, 2, 3, 4, 5, 6 and 7. Additionally, they will not have to pay the extra fees related to incarceration such as court costs, attorney fees, and the cost of posting a bond.
A list with the names and addresses of more than 2,700 individuals with outstanding hot check warrants who owe local merchants more than 2.1 million dollars was made public on April 1, 2012 and remains posted at the El Paso County's main webpage at www.epcounty.com. Additionally, several local media outlets have posted the Hot Check Warrant List on their web sites to make it easier for the public to access the information.
Residents with outstanding hot check warrants can make their payments in person at the following locations:
- El Paso County Courthouse
500 E. San Antonio, room 503
M- F 8:00 a.m. to 5:00 p.m.
- El Paso County Ysleta Annex
9521 Socorro Rd., Suite A-3
M - F 8:30 a.m. to 5:30 p.m.
- El Paso County Attorney's Northeast Annex Office
4641 Cohen St., Suite D
M- F 8:30 a.m. to 4:30 a.m.
Forms of payment accepted include credit cards, money orders, cashier checks, and cash; however, those paying with cash will have to bring the exact amount (cashiers cannot give change).
In addition, residents can make payments online 24 hours a day, 7 days a week through "Hot Check E-pay," by visiting the El Paso County Attorney's Office web-page at https://www.epcounty.com/hotchecks/. Some individuals may be eligible for a payment plan.
For more information regarding hot check payments and balances please contact the El Paso County Attorney's Office Hot Check Unit at 546-2051 or visit the El Paso County Attorney's Office web site at: www.epcounty.com/CA.
2012 Last Day Hot Check Amnesty Press Release.pdf
El Paso County Attorney Jo Anne Bernal today announced that more than 205 individuals have taken advantage of the hot check amnesty period since its implementation on March 14, 2012. During the first 27 days of the amnesty period the County Attorney's Office has received payment of 415 hot checks worth $73,000.
Bernal also reminded hot check writers with outstanding arrest warrants that the amnesty period ends Friday April 13, 2012, at 5:00 p.m.
Individuals who take advantage of the amnesty period and pay their outstanding balances before Friday, April 13, 2012, will avoid arrest during an upcoming county-wide warrant roundup that will be conducted by investigators of the El Paso County Attorney's Office, the Sheriff's Office, and Constables from Precincts 1, 2, 3, 4, 5, 6 and 7. Additionally, they will not have to pay the extra fees related to incarceration such as court costs, attorney fees, and the cost of posting a bond.
A list with the names and addresses of more than 2,700 individuals with outstanding hot check warrants who owe local merchants more than 2.1 million dollars was made public on April 1, 2012 and remains posted at the El Paso County's main webpage at www.epcounty.com. Additionally, several local media outlets have posted the Hot Check Warrant List on their web sites to make it easier for the public to access the information.
Residents with outstanding hot check warrants can make their payments in person at the following locations:
- El Paso County Courthouse
500 E. San Antonio, room 503
M- F 8:00 a.m. to 5:00 p.m.
- El Paso County Ysleta Annex
9521 Socorro Rd., Suite A-3
M - F 8:30 a.m. to 5:30 p.m.
- El Paso County Attorney's Northeast Annex Office
4641 Cohen St., Suite D
M- F 8:30 a.m. to 4:30 a.m.
Forms of payment accepted include credit cards, money orders, cashier checks, and cash; however, those paying with cash will have to bring the exact amount (cashiers cannot give change).
In addition, residents can make payments online 24 hours a day, 7 days a week through "Hot Check E-pay," by visiting the El Paso County Attorney's Office web-page at https://www.epcounty.com/hotchecks/. Some individuals may be eligible for a payment plan.
For more information regarding hot check payments and balances please contact the El Paso County Attorney's Office Hot Check Unit at 546-2051 or visit the El Paso County Attorney's Office web site at: www.epcounty.com/CA.
2012 Hot Check Amnesty Expires 3 days Press Release.pdf
El Paso County Attorney's Office, the University Medical Center of El Paso, and the El Paso County Medical Society, along with other community organizations, will celebrate National Healthcare Decisions Day (April 16) with two public events highlighting the importance of advance healthcare decision-making.
On April 13 and 14, 2012, volunteers from our organizations will be providing information and forms to individuals interested in talking to family, friends and healthcare providers about their medical wishes. During the events licensed attorneys will provide free assistance on how to execute advance directives (Medical Power of Attorney and Medical or "living" Wills).
The kick-off event is scheduled for Friday April 13, 2012 at 9:30 a.m. at the lobby of the University Medical Center, at 4815 Alameda. Following the kick-off, from 10:00 a.m. to 6:00 p.m., local attorneys will be offering free assistance regarding advance care planning and advance directive forms.
The second event will be held on Saturday April 14, 2012 at Bassett Place Mall, 6101 Gateway Blvd. West, also from 10:00 a.m. to 6:00 p.m. Again, local attorneys will be offering free assistance regarding advance care planning and advance directive forms.
Advance directives are legal documents that allow you to convey your decisions about end-of-life care ahead of time. They provide a way for you to communicate your wishes to family, friends and health care professionals, and to avoid confusion later on.
A Directive to Physicians or Living Will tells how you feel about care intended to sustain life. You can accept or refuse medical care. There are many issues to address, including:
- The use of dialysis and breathing machines
- If you want to be resuscitated if breathing or heartbeat stops
- Tube feeding
- Organ or tissue donation
- Blood transfusions
A Medical Power of Attorney is a document that names your health care proxy. Your proxy is someone you trust to make health decisions if you are unable to do so.
El Paso County Attorney Jo Anne Bernal explained that living wills, and medical powers of attorney help families avoid painful decisions during very difficult times.
"The absence of written directives may prolong invasive and often painful but ultimately fruitless therapies, or deny a patient treatment that could provide comfort," Bernal said.
"Every year our office promotes the use of advance directives with the expectation that fewer families and healthcare providers will have to struggle with making difficult healthcare decisions without any input from the patient. We also want healthcare providers and facilities to be better prepared to honor patient wishes when he or she becomes incapacitated," Bernal concluded.
Individuals interested in getting the Directive to Physicians and Medical Power of Attorney forms can download them by visiting the County Attorney's web page at www.epcounty.com/ca
For more information about National Healthcare Decision Day, please visit http://www.nationalhealthcaredecisionsday.org/.
# # #
2012 NHDD Press Release.pdf
Boletín Campaña 2012 Testamentos Medicos.pdf
El Paso County Attorney Jo Anne Bernal today reminded hot check writers that tomorrow, Wednesday, March 28, 2012 is the last day to pay to avoid the publication of their names and addresses in the hot check warrant list.
The list with the names of individuals with outstanding warrants will be published on Sunday April 1, 2012, by the Diario de El Paso newspaper, the El Paso County website (http://www.epcounty.com/), and on other local media outlets.
The publication of the warrants list kicks-off a two-week amnesty period that runs from Sunday April 1st to Friday April 13, 2012.
Individuals who take advantage of the amnesty period and pay their outstanding balances before Friday, April 13, 2012, will avoid arrest during an upcoming county-wide warrant roundup that will be conducted by investigators of the El Paso County Attorney's Office, the Sheriff's Office, and Constables from Precincts 1, 2, 3, 4, 5, 6 and 7.
Individuals who pay before the end of the amnesty period will not have to pay the extra fees related to incarceration such as court costs, attorney fees, and the cost of posting a bond.
Residents with outstanding hot check warrants can make their payments in person at the following locations:
· El Paso County Courthouse
500 E. San Antonio, room 503
M- F 8:00 a.m. to 5:00 p.m.
· El Paso County Ysleta Annex
9521 Socorro Rd., Suite A-3
M - F 8:30 a.m. to 5:30 p.m.
Additionally, during the amnesty period (April 1-13, 2012), residents of Northeast El Paso can make their payments in person at the following location:
· El Paso County Attorney’s Northeast Annex Office
4641 Cohen St., Suite D
M- F 8:30 a.m. to 4:30 a.m.
Forms of payment accepted include credit cards, money orders, cashier checks, and cash; however, those paying with cash will have to bring the exact amount (cashiers cannot give change).
In addition, residents can make payments online 24 hours a day, 7 days a week through "Hot Check E-pay," by visiting the El Paso County Attorney's Office web-page at https://www.epcounty.com/hotchecks/. Some individuals may be eligible for a payment plan.
For more information regarding hot check payments and balances please contact the El Paso County Attorney's Office Hot Check Unit at 546-2051 or visit the El Paso County Attorney's Office web site at: www.epcounty.com/CA.
Since March 14, 2012, when the roundups were announced, more than 60 individuals have taken advantage of the amnesty program, paying off 164 checks worth more than $38,000.
There are currently more than 2,700 names in the County's hot checks warrants list who owe local merchants more than $2.13 million dollars. Last fiscal year (2010-2011) the Hot Check Unit collected more than $905,000 in outstanding hot checks.
# # #
2012 Hot Check Warrant List Publication 2 Press Release.pdf
2do Boletín 2012 Amnistia Publicacion Lista de Ordenes de Arresto.pdf
Arrest roundups to follow publication of the names
El Paso County Attorney Jo Anne Bernal and El Paso County Sheriff's Chief Deputy Jesus Campa today announced that they will be joined by Constables from Precincts 1, 2, 3, 4, 5, 6 and 7, in conducting a roundup of individuals with outstanding hot check warrants in El Paso County.
This cooperative effort by local law enforcement to arrest hot check writers will be preceded by the publication of the names and addresses of thousands of individuals with outstanding warrants, and an amnesty period in which residents can pay their outstanding amounts without being arrested.
The list with the names of individuals with outstanding warrants will be published on Sunday April 1, 2012 by many local media outlets and in the County's website. Individuals who want to avoid the publication of their names must pay their outstanding balances in full by Wednesday March 28, 2012.
The publication of the warrants list kicks-off a two-week amnesty period that runs from Sunday April 1st to Friday April 13, 2012.
Individuals who take advantage of the amnesty period and pay their outstanding balances before Friday, April 13, 2012, will avoid arrest during an upcoming county-wide warrant roundup. Additionally, they will not have to pay extra fees, such as court costs, attorney fees, and the cost of posting a bond.
Residents with outstanding hot check warrants can make their payments in person at the following locations:
· El Paso County Courthouse
500 E. San Antonio, room 503
M- F 8:00 a.m. to 5:00 p.m.
· El Paso County Ysleta Annex
9521 Socorro Rd., Suite A-3
M - F 8:30 a.m. to 5:30 p.m.
Additionally, during the amnesty period (April 1-13, 2012), residents of Northeast El Paso can make their payments in person at the following location:
· El Paso County Attorney’s Northeast Annex Office
4641 Cohen St., Suite D
M- F 8:30 a.m. to 4:30 a.m.
(915) 858-0631
Forms of payment accepted include credit cards, money orders, cashier checks, and cash; however, those paying with cash will have to bring the exact amount (cashiers cannot give change).
In addition, residents can make payments online 24 hours a day, 7 days a week through "Hot Check E-pay," by visiting the El Paso County Attorney's Office web-page at www.epcounty.com/CA
For more information regarding hot check payments and balances please contact the El Paso County Attorney's Office Hot Check Unit at 546-2051 or visit the El Paso County Attorney's Office web site at: www.epcounty.com/CA.
There are currently more than 2,700 names in the County's hot checks warrants list who owe local merchants more than $2.13 million dollars. During last fiscal year (2010-2011) the Hot Check Unit collected more than $905,000 in outstanding hot checks. So far, during the first 5 months of fiscal year 2011-2012 (October-February), the County Attorney's Office has collected over $330,000.
El Paso County Attorney Jo Anne Bernal is encouraging individuals with outstanding warrants for writing hot checks to take advantage of this opportunity. In order to facilitate the payment of outstanding amounts, County Attorney's Office will be accepting payment plans for qualifying individuals.
"For many years now, the County Attorney's Office has been supporting local businesses by collecting their insufficient funds checks at no cost. We believe the public display of the names of individuals with warrants might serve as a deterrent for hot checks writers, and will motivate some of them to come forward to pay any outstanding amounts before they face serious consequences," Bernal said.
"Hot check writers who do not seize this opportunity will be arrested and will face criminal charges," Bernal concluded.
2012 Hot Check Warrant List Publication Press Release.pdf
Boletín 2012 Amnistia Publicacion Lista de Ordenes de Arresto.pdf
2012 Hot Check Roundup Calendar Media.pdf
El Paso County Attorney Jo Anne Bernal has been named one of the three recipients of the 2012 "La Mujer Obrera Award" for her advocacy work to fight domestic violence in El Paso County.
The awards recognize local community leaders that fight to promote and uphold the rights of women on the border.
The 2012 honorees are:
Olivia Figueroa: Executive Director of Project AYUDA for helping San Elizario colonias residents to have access to dignified housing.
Dr. Yolanda Leyva: Professor of History at the University of Texas at El Paso, for her advocacy work in support of labor & human rights.
Jo Anne Bernal: El Paso County Attorney for her work to address domestic violence through prevention campaigns targeting local youth, and her support for the creation of the first "Protective Order Court" in El Paso County.
Last year the County Attorney's Office, along with the District Attorney's Office, launched the educational campaign "Don't Let Yourself." The main objective of the campaign is to reduce the incidence of dating violence among teens in El Paso County, and also educate adults about the problem of domestic violence in our community.
Since February 2011, when the campaign was unveiled, it's materials have been used to educate more than 9,500 local students and parents, and the educational videos created for the program just recently won 3 Gold Addy Awards, including the best of show award, by the Advertising Federation of El Paso.
In an effort to better serve victims of domestic violence who live in the outlying areas of the County, the County Attorney's Office has also opened two satellite offices in Ysleta and Northeast El Paso. Now victims of domestic violence do not have to travel long distances to downtown El Paso to obtain a free protective order.
The "La Mujer Obrera" awards will be presented at the annual "International Women's Day Benefit Dinner," to be held on Thursday March 8, 2012 at 6:00 p.m. at Mercado Mayapán, 2101 Myrtle, El Paso, TX.
# # #
Mujer Obrera Award Press Release.pdf
On Friday, December 2, 2011, El Paso County Attorney Jo Anne Bernal will hold an Open House for its new office in Northeast El Paso.
The opening of this new office is part of a plan by County Attorney Jo Anne Bernal to provide free services at locations that are closer and more accessible to victims of crime who live in the outlying areas of the County.
WHO: El Paso County Attorney Jo Anne Bernal
WHAT: Grand Opening of new office in Northeast El Paso
WHEN: Friday December 2, 2011, at 10:00 a.m.
WHERE: El Paso County Northeast Annex
4641 Cohen St., Suite D (County Veterans Assistance Office)
NE Office Grand Opening Press Advisory.pdf
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.
# # #
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.
# # #
OP Beating Adult Certification Press Release.pdf
Today El Paso County Attorney Jo Anne Bernal announced the arrest of two individuals accused of shutting down their party hall business without notice after taking thousands of dollars in advance payments from unsuspecting consumers.
Mission Valley Ballroom administrator Donna Cortez Flores and ballroom's manager Ricardo Espinoza were arrested today by County Attorney's investigators. Flores was arrested around 9:15 a.m. at a residence in East El Paso. Espinoza was detained at his current place of employment in central El Paso.
Police reports indicate that from September, 2008, and up until January 2011, the defendants received more than $98,000 from 36 residents who paid them in advance to hold events at the Mission Valley Ballroom scheduled for 2011. After closing the ballroom at the beginning of this year, the defendants are alleged to have failed to return the money to the victims.
El Paso County Attorney Jo Anne Bernal explained "a business owner who takes money in advance, receives that money in trust. If they choose to violate that trust, the law holds them accountable."
"We allege these defendants violated the law and that trust," Bernal concluded.
El Paso County Attorney's Office filed criminal charges in relation to 6 of the victims, and continues investigating the cases for the remaining 30 victims. Additional arrests are likely.
45 year-old Donna Cortez Flores faces six counts of Deceptive Business Practices, a crime of dishonesty punishable by up to one year in jail and/or a fine not to exceed $4,000. She was booked in the County jail shortly after 10:00 a.m. and her bond was set at $1,800.
45-year-old Ricardo Espinoza faces five counts of Deceptive Business Practices, and his bond was set at $2,500.
Residents who believe they might be victims of this or any other similar case, are asked to contact the Criminal Section of the County Attorney's Office, at 546-2050.
# # #
Funds will help lessen impact of state budget cuts
El Paso County Judge Veronica Escobar today announced that the Department of Justice has reimbursed $2.7 million in expenditures the County of El Paso incurred while prosecuting and incarcerating federally referred offenders during FY 2008 and 2009.
The first reimbursement, of $135,000 for cases handled during fiscal year 2008, was received on January 25, 2011. The second reimbursement, in the amount of $2.57 million for cases handled during FY 2009, arrived Monday, May 23, 2011. All the monies have been transferred to the County's general fund.
The two payments mark the end of a multi-year dispute over billings submitted by the El Paso County to the Department of Justice under the Southwest Border Prosecution Initiative (SWBPI) during fiscal years 2001 through 2006.
Additionally, last week the County of El Paso submitted bills in the amount of $1.06 million, for cases handled during FY 2010.
The resolution clears the way for El Paso County to remain eligible to receive future federal reimbursements for prosecuting and jailing federally referred offenders. This agreement also guarantees federal law enforcement agents will receive the necessary assistance from local law enforcement agencies and the District Attorney's Office to process and prosecute individuals accused of criminal violations.
The push to receive reimbursement from the federal government was spearheaded by District Attorney Jaime Esparza and County Attorney Jo Anne Bernal.
"Over the past 12 months our offices have worked tirelessly to ensure that every county money eligible for reimbursement was aggressively pursued," said County Attorney Jo Anne Bernal.
District Attorney Jaime Esparza said, "Compensating border counties for the criminal justice cost they incur assisting the federal government with lower level criminal cases makes good sense. State prosecutors have the flexibility to handle these routine cases efficiently and hold all offenders accountable. An equitable partnership between federal, state, and local authorities works and is necessary to curtail the flow of illegal drugs into our community."
El Paso County Judge Veronica Escobar recognized the hard work of employees from the Auditor's Office, the District Attorney's Office, and the County Attorney's Office, who worked for several months on getting the Office of the Inspector General the necessary information to resolve this dispute.
"In the upcoming months the El Paso County will be facing serious financial challenges due to the budget cuts that the Texas legislature is expected to approve during its current session. These reimbursements could not have come at a better time. Commissioners Court is working very diligently to reduce expenditures and increase revenue to avoid, to the extent possible, a raise in property taxes for next fiscal year," Escobar said.
"We will make sure these monies will go long ways towards achieving that goal," Escobar concluded.
# # #
About the Southwest Border Prosecution Initiative: In 2000, under the leadership of District Attorney Jaime Esparza, a coalition of border prosecutors alerted the federal government that some of the nation's poorest counties were shouldering the financial burden of accepting federally-referred cases into the criminal justice system. For many years, state prosecutors along the southwest border provided the federal government with support allowing great flexibility to prosecute lower level offenders in state court.
In 2001, the federal government created the Southwest Border Prosecution Initiative through the Bureau of Justice Assistance that reimbursed border counties for their assistance in prosecuting lower-level federally-initiated drug cases. This reimbursement program has facilitated an efficient use of the limited resources available to prosecute crime along the border.
Federal Reimbursement Press Release.pdf
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