County Attorney Press Releases

Remodeler Receives Enhanced Punishment For Engaging In Deceptive Practices

El Paso County Attorney Jo Anne Bernal today announced the sentencing of an El Paso resident accused of engaging in Deceptive Business Practices.

On August 6, 2010, 31-year-old Jesus Piña pled guilty to one count of committing a Deceptive Business Practice, a crime of dishonesty punishable by up to one year in jail and/or a fine not to exceed $4,000. However, Piña will serve 2 years in prison because the County Attorney's Office presented evidence that Piña is a habitual offender.

The County Attorney's Office requested County Court at Law #7 Judge Robert Anchondo to run Mr. Piña's sentence consecutively with another one year sentence that was imposed the same day on another Deceptive Business case.    

In order to obtain the enhanced punishment, Assistant County Attorney Arne Schonberger demonstrated in court that, since 1999, Piña has accumulated 11 convictions for engaging in various felonies and misdemeanors.

It was presented to the Court that Piña would receive from victims thousands of dollars in upfront payments for construction jobs he never finished. The Court ordered restitution of $4,800 and $9,000 on the two cases today. Upon completion of his sentence, Mr. Piña is scheduled to be surrendered to immigration authorities for possible deportation.  

El Paso County Attorney Jo Anne Bernal expressed her satisfaction on the outcome of the case.

"My office takes our responsibility of protecting El Paso consumers from unscrupulous contractors and con-artists very seriously. This case is another example of my office's willingness to consider every available legal resource to bring justice to the victims," Bernal said.

"If you are planning on doing renovations or improvements to your home, do your homework before hiring anyone.  It is highly recommended that you first check the contractor's references and business record with the Better Business Bureau and with our office," Bernal added.

Homeowners can also look up on the County's website at www.epcounty.com/records the criminal and civil case histories of prospective contractors.

"In addition to researching your contractor, it is important to lay out when monies will be paid. Consumers must be very cautious when paying money up front. Once the consumer has given money to an unscrupulous contractor, it is very difficult for us to get it back. This is why we recommend the public not pay the complete amount of the contract until after the job is finished, and the homeowner is satisfied with the quality of the work," Bernal concluded. 

The El Paso County Attorney's Office warns consumers against paying out large down payments and only if necessary, scheduling ‘progress payments' -periodic payments made only after designated portions of work have been satisfactory completed.

Residents who might have fallen victims of fraud or deceptive business practices are asked to contact the Criminal Section of the County Attorney's Office at 546-2050.

 # # #

Pina Sentence Press Release.pdf

Federal Judge Dismisses Lawsuit That Challenged Constitutionality Of The County’s Ethics Legislation

El Paso County Attorney Jo Anne Bernal today announced that a Federal District Judge has dismissed a legal challenge filed by a local civil rights activist against the El Paso County's Ethics Legislation approved by the Texas Legislature last year.

On September 28, 2009, El Paso activist Carl Starr sued the County of El Paso and Texas Attorney General Greg Abbott (case EP-09-CV-353-KC) alleging that the implementation of the County Ethics Legislation, which regulates the creation of the County's Ethics Commission, was unconstitutional.

In his lawsuit Mr. Starr particularly objected to a provision of the ethics legislation that penalizes with fines and jail time individuals who file ethics complaints which the County deems to be frivolous or filed in bad faith. The plaintiff argued that the provision infringed on his First and Fourteenth Amendment rights and has a chilling effect on his freedom of expression.

In an order issued late yesterday, United States District Judge Kathleen Cardone dismissed any cause of action against Texas Attorney General Greg Abbott ruling that the 11th Amendment gives the States sovereign immunity and that the federal courts do not have jurisdiction over cases where a state is made party to a suit without its consent.

U.S. District Judge Cardone also dismissed the lawsuit against the County of El Paso ruling that it was premature for Mr. Starr to bring a lawsuit forward challenging the constitutionality of the Ethics legislation.

In her ruling, Judge Cardone stated:

"Although the County Ethics Commission is empowered with the authority to penalize individuals who file frivolous complaints or disseminate confidential materials, the facts indicate that no such rules are yet in effect. As the alleged County ordinances do not appear to have been adopted or enacted, and the existing state code, which is merely enabling legislation, cannot function to penalize Starr should he file an ethics complaint, any alleged penalties Starr would face appear to be only speculative. As such, Starr has failed to meet his burden of showing that his claim gives rise to a sufficiently ripe controversy."  

El Paso County Attorney Jo Anne Bernal today expressed her satisfaction with the court's decision:

"Judge Cardone very carefully avoided ruling on any issue that is not yet fully presented to her for decision," Bernal said.

"Her ruling correctly notes that the El Paso County Ethics Commission has not yet completed its task of drafting a new County Ethics Code.  Therefore, Starr's complaint that the Ethics Code is unconstitutional is not yet ready for judicial review," Bernal concluded.   

# # #

Ethics Commission Lawsuit Press Release.pdf

Signed Dismissal Order.pdf

Erich A. Morales recipient of the 2010 National “Promise of One” Award

Erich A. Morales recipient of the 2010 National "Promise of One" Award 

The Susan G. Komen for the Cure's national office and local affiliate recently awarded Assistant County Attorney Erich A. Morales the Komen's "National Promise of One" award.

The award recognizes, on a national level, an individual's outstanding contribution to the Susan G. Komen for the Cure, as well as the power one person can make in Komen's promise to save lives and end *** cancer forever.

Mr. Morales began as a volunteer with the organization in 1997, chairing the Iron Men Committee at Race for the Cure. Since then, he has been actively involved in planning and implementing the "Race for the Cure" in El Paso, including serving as Chair for the local Race during the last 5 years.

Mr. Morales currently serves as President-Elect of the Susan G. Komen for the Cure El Paso Affiliate Board of Directors.     

# # #

Promise of One Award Press Release.pdf

Hundreds Of Residents Take Advantage Of Hot-Check Amnesty Period

El Paso County Attorney Jo Anne Bernal today announced that hundreds of individuals took advantage of the hot check amnesty period that began on May 14, 2010. During the amnesty period, persons who paid their outstanding balances avoided payment of various charges, such as court costs, attorney fees, and the cost of posting a bond after arrest.

Individuals who did not take advantage of the amnesty period will be targeted during upcoming county-wide warrant round-ups being coordinated by the County Attorney's Office with the assistance of the El Paso Sheriff's Office, the Texas Department of Public Safety, local constables and the Fort Bliss Military police.

Since Friday May 14, 2010, when the amnesty program was announced, 451 El Paso residents took advantage of the program paying 562 outstanding hot-checks that amounted to more than $74,300.

Individuals with outstanding hot-checks may attempt to avoid arrest in the upcoming roundups by paying as soon as possible. However, the amnesty period is over, and law enforcement officers can conduct arrests at any time without prior notice. Payments can be made at the following locations:

  • El Paso County Courthouse

500 E. San Antonio, room 503 (5th floor)

Monday - Friday 8:00 a.m. to 5:00 p.m

  • El Paso County Ysleta Annex

9521 Socorro Rd., Suite A-3

Monday - Friday 8:30 a.m. to 5:30 p.m

Forms of payment accepted include most credit cards, money orders, cashiers checks, and cash; those paying cash will have to bring the exact amount (cashiers can't give change).

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 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.

The list with the names of individuals and outstanding amounts will remain posted at the El Paso County's main web page (http://www.epcounty.com/).

Additionally, the following media outlets have posted the Hot Check Warrant List on their web-sites to make it easier for the public to access the information:

  • KVIA ABC-7
  • KTSM NewsChannel 9
  • KFOX-TV Channel 14
  • KINT Univision 26
  • Diario de El Paso
  • Spotlight E.P. News

During last fiscal year (2008-2009) the Hot Check Unit collected 1.2 million dollars in outstanding hot checks.            

# # #

2010 Hot Check Amnesty Ends Press Release.pdf

Monday Is The Last Day To Take Advantage Of The Hot Check Amnesty Period

So far more than 300 residents have paid nearly $65,000

El Paso County Attorney Jo Anne Bernal today reminded hot check writers with outstanding arrest warrants that Monday June 7, 2010 is the last day to take advantage of the current amnesty period.

Individuals that pay their outstanding amount by Monday will avoid arrest during an upcoming county-wide warrant round-up being coordinated by the County Attorney's Office with the assistance of the El Paso Sheriff's Office, the Texas Department of Public Safety, local constables and the Fort Bliss Military police.

 Additionally, individuals who pay their outstanding balances before the end of the amnesty period will save money by avoiding the payment of various charges, such as court costs, attorney fees, and the cost of posting a bond after arrest.

A list with the names and addresses of more than 3,600 individuals with outstanding hot check warrants who owe local merchants more than 3.3 million dollars was made public on May 31, 2010 and remains posted at the El Paso County's main web page (http://www.epcounty.com/).

Additionally, the following media outlets have posted the Hot Check Warrant List on their web-sites to make it easier for the public to access the information:

  • KVIA ABC-7
  • KTSM NewsChannel 9
  • KFOX-TV Channel 14
  • KINT Univision 26
  • Diario de El Paso
  • Spotlight E.P. News

Residents with outstanding hot check warrants who want to take advantage of the amnesty period can make their payments in person without fear of arrest at the following locations:

  • El Paso County Courthouse

500 E. San Antonio, room 503 (5th floor)

Monday - Friday 8:00 a.m. to 5:00 p.m

  • El Paso County Ysleta Annex

9521 Socorro Rd., Suite A-3

Monday - Friday 8:30 a.m. to 5:30 p.m

Forms of payment accepted include most credit cards, money orders, cashiers checks, and cash; those paying cash will have to bring the exact amount (cashiers can't 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.

Since May 14, 2010, when the amnesty period was announced, the County Attorney's Office has collected more than $64,000 from more than 310 individuals.

During last fiscal year (2008-2009) the Hot Check Unit collected 1.2 million dollars in outstanding hot checks.            

# # #

2010 Hot Check Amnesty Press Release #3.pdf 

New County Attorney’s Office Makes Services More Accessible To Residents Of The Lower Valley And Far-East El Paso County

On Friday June 4, 2010, El Paso County Attorney Office will hold an Open House for its new Ysleta Annex location.

The satellite office opened a couple of weeks ago, and gives far-East El Paso County residents easy access to all of the services the County Attorney's Office provides, such as protective orders to victims of domestic violence, hot check collections, and elderly protective services.

The new office is part of a plan by County Attorney Jo Anne Bernal to provide services at locations that are closer and more accessible to victims of crime who live in the outlying areas of the County.

"It has been our experience that some county residents do not access our services because they do not have a vehicle or the time to travel all the way from Fabens or Tornillo to our office in downtown El Paso. Other times, victims of domestic violence who are undocumented immigrants feel uneasy about coming to the County Courthouse due to the constant presence of law enforcement officers. This new office will make it easier for them to access our services," Bernal said.

Bernal explained that despite any County's budget constraints, she will continue to explore the possibility of opening County Attorney's satellite offices in other areas of the County in the near future.

"Our County is quite big geographically, and we need to look for ways to better serve and protect victims of crime, the elderly, and County residents in general," Bernal concluded.

The Open House of the new County Attorney's Office is scheduled for this Friday June 3, 2010 at 11:30 a.m. at the County Ysleta Annex, 9521 Socorro Rd., Suite A-3. Refreshments will be provided following a short presentation by County Attorney Jo Anne Bernal.

WHO:       El Paso County Attorney Jo Anne Bernal

WHAT:     Grand Opening of new office in Ysleta

WHEN:     Friday June 4, 2010 at 11:30 a.m.

WHERE:  El Paso County Ysleta Annex

9521 Socorro Rd., Suite A-3 

# # #

Ysleta Annex Press Advisory.pdf

 

Hot Check Warrant List Published Today

List includes names of more than 3,600 individuals   

Today Monday, May 31, 2010, El Paso County Attorney Jo Anne Bernal made public the names and addresses of more than 3,600 individuals with outstanding hot check warrants who owe local merchants more than 3.3 million dollars.

The hot check warrant list was posted this morning on the El Paso County's main web page (www.epcounty.com) and will remain posted there until the end of the amnesty period.

Additionally, the following media outlets have offered to post the Hot Check Warrant List on their web-sites to make it easier for the public to access the information:

  • KVIA ABC-7
  • KTSM NewsChannel 9
  • KFOX-TV Channel 14
  • KINT Univision 26
  • Diario de El Paso
  • Spotlight E.P. News

The individuals named in the list have until Monday, June 7, 2010 to pay their outstanding amounts and avoid arrest during an upcoming county-wide warrant round-up being coordinated by the County Attorney's Office with the assistance of the El Paso Sheriff's Office, the Texas Department of Public Safety, local constables and the Fort Bliss Military police.

Additionally, individuals who pay their outstanding balances before the end of the amnesty period will save money by avoiding the payment of various fees, such as court costs, attorney fees, and the cost of posting a bond after arrest.

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 (5th floor)

Monday - Friday 8:00 a.m. to 5:00 p.m

  • El Paso County Ysleta Annex

9521 Socorro Rd., Suite A-3

Monday - Friday 8:30 a.m. to 5:30 p.m

Forms of payment accepted include most credit cards, money orders, cashiers checks, and cash; those paying cash will have to bring the exact amount (cashiers can't 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.

Since May 14, 2010, when the amnesty period was announced, the County Attorney's Office has collected more than $24,000.

During last fiscal year (2008-2009) the Hot Check Unit collected 1.2 million dollars in outstanding hot checks.

# # #

2010 Hot Check Amnesty Press Release #2.pdf

Friday Is The Last Day To Pay And Avoid Publication Of Name In The Hot Check Warrant List

El Paso County Attorney Jo Anne Bernal today reminded hot check writers with outstanding arrest warrants who want to avoid the publication of their name that they need to pay their outstanding balances in full by Friday, May 28, 2010.

On Monday, May 31, 2010, the County Attorney's Office will publish in the El Paso County's web page, and with local media outlets the names and addresses of more than 3,600 individuals with outstanding hot check warrants.

The current amnesty period to pay your outstanding balances without fear of being arrested runs through Monday, June 7, 2010. Individuals who pay their outstanding balances during the amnesty period will avoid arrest during an upcoming county-wide warrant round-up being coordinated by the County Attorney's Office with the assistance of the El Paso Sheriff's Office, the Texas Department of Public Safety, local constables and the Fort Bliss Military police. Additionally, by paying their outstanding balances during the amnesty period, they will save money by avoiding the payment of various fees, such as court costs, attorney fees, and the cost of posting a bond after arrest.

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 (5th floor)

Monday - Friday 8:00 a.m. to 5:00 p.m

 

  • El Paso County Ysleta Annex

9521 Socorro Rd., Suite A-3

Monday - Friday 8:30 a.m. to 5:30 p.m

Forms of payment accepted include most credit cards, money orders, cashiers checks, and cash; those paying cash will have to bring the exact amount (cashiers can't 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 3,600 names in the County's hot checks warrants list who owe local merchants more than $3.3 million dollars. During last fiscal year (2008-2009) the Hot Check Unit collected 1.2 million dollars in outstanding hot checks. Since Friday May 14, 2010 when the amnesty period was announced, the County Attorney's Office has collected over $16,000 from 87 hot check writers.

# # #

2010 Hot Check Amnesty Press Release #1.pdf

Mural Program Uses Art To Rehabilitate At-Risk Teens

El Paso County Attorney's Office, the El Paso Juvenile Probation Department, West Texas Community Supervision and Corrections Department, the Honorable 65th District Court Judge Yahara Lisa Gutierrez, Centro de Salud Familiar La Fe, El Paso Independent School District and Las Americas Immigrant Advocacy Center have joined forces to create a new program that hopes to rehabilitate teens in the juvenile justice system by channeling their energy towards art.

The idea behind the program is to nurture artistic talents in delinquent children to help them find a new purpose in life and transform their destructive behavior. Studies suggest that developing artistic talents helps troubled teens to withdraw from substance abuse and other negative habits while giving them skills and knowledge to help themselves.

The program was spearheaded by local muralist Jesus Alvarado ("Cimi") from Centro de Salud Familiar La Fe. El Paso Independent School District, through the "Delta Academy" provided $5,000 to pay for painting supplies. Anna Pilhoefer, the EPISD Department of Fine Arts Visual Arts Facilitator, donated about $1300 to assist in the purchase of supplies. "Las Americas Immigrant Advocacy Center" collaborated by providing a building where the mural is being created.

Currently 8 boys and 2 girls ages 15 thru 17 who are under the supervision of the El Paso Juvenile Probation Department participate in the program. The teens have been working on the mural Monday thru Friday from 9:00 a.m. to 1:00 p.m. since the first week of May and are scheduled to finish just in time for an unveiling ceremony scheduled for Wednesday June 2, 2010.

The mural was created by the students under the guidance of Jesus Alvarado, and pays 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."

65th District Court Judge Yahara Lisa Gutierrez praised the program explaining that "it gives participants a true opportunity to rehabilitate by providing them marketable skills while nurturing creativity and giving them an opportunity to communicate with society."

El Paso County Attorney Jo Anne Bernal explained that this ground-breaking program fulfills the mission of the juvenile system by providing rehabilitation to teens instead of punishing them for their bad behavior.

"I am a firm believer in rehabilitation programs for teens. Minors have not developed yet their personalities, and timely intervention with positive reinforcement can produce in them remarkable, life changing results," Bernal concluded.

For more information, please call Assistant County Attorney Tracy Almanzan at 546-2050.

WHO:                 Representatives from participating agencies and students from the "Delta Academy"

WHAT:               Unveiling of Mural

WHEN:               Wednesday June 2, 2010 at 4:00 PM

WHERE:            Las Americas Immigrant Advocacy Center

1500 East Yandell Drive       

# # #

Mural Project Press Release.pdf

Owner Of Trucking Company Sentenced For Dumping Demolition Waste Illegally

El Paso County Attorney Jo Anne Bernal today announced the sentencing of an East El Paso resident who pled guilty to violating the Texas Health and Safety Code by illegally dumping demolition waste on private property in Clint, Texas.

63 year-old Enrique Alfredo Trujillo, doing business as Henry Trujillo Trucking, pled guilty to two counts of illegal dumping, more than 5 pounds but less than 200 pounds, for a commercial purpose, in violation of the Texas Health and Safety Code § 365.012.

The offense was discovered on March 15, 2007 by TCEQ's Criminal Investigator Richard Talamantes who was patrolling the U.S. 54 Highway expansion project at Dyer. At the site, the investigator noticed trucks marked with "Henry Trujillo" on them, removing demolition waste.

Mr. Talamantes followed one of the dump trucks from the site to 1570 FM 1110 Rd., in Clint, Texas. When he arrived, he observed one dump truck had just finished unloading demolition waste into an arroyo and then the truck he followed, proceeded to dispose of the demolition waste contained inside the trailer.  The demolition waste contained litter as well as permissible solid waste for fill. The Clint landfill is approximately 1.5 miles from the dump site.

On Friday May 13, 2010, County Criminal Court #1 Judge Alma Trejo ordered Enrique Alfredo Trujillo to pay a $4,000 fine plus court costs, for two counts of illegal dumping. 

"Illegal dumping is a serious environmental crime which affects health and quality of life," said El Paso County Attorney Jo Anne Bernal.

"The illegal dumping of demolition waste and its illegal use for filling in natural arroyos is a disaster waiting to happen because it blocks the natural flow of water after heavy rains causing flooding in the area. 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," Bernal finalized.

The penalty for illegal dumping ranges from a fine up to $10,000, or up to 2 years in jail, or both. 

To report illegal dumping, the Illegal Dumping Hotline: 1-888-6EL-PASO or call your local law enforcement agency: El Paso Police Dept. at 832-4400, or El Paso Sheriff's Office at  546-2280.

For more information contact Assistant County Attorney Cristina Viesca-Santos at 915-546-2050.    

# # #

Trujillo Trucking Press Release.pdf

   

2010 Hot-Check Warrant Amnesty Period And Roundup Announced

Arrest roundups to follow publication of the names

            El Paso County Attorney Jo Anne Bernal and Sgt. Raymond Hernández from the El Paso County Sheriff's Office today announced that they will be joined by area Constables, Military Police Officers from Fort Bliss and troopers with the Texas Department of Public Safety in conducting a roundup of individuals with outstanding hot check warrants in El Paso County.

This unparalleled cooperative effort by local law enforcement to arrest hot check writers will be preceded by an amnesty period in which residents can pay their outstanding amounts without fear of being arrested.

The amnesty period runs from Friday May 14 through Monday June 7, 2010. Beginning Monday May 31, 2010 the County Attorney's Office will publish on the El Paso County's web-site and on the web-sites of several local media outlets, the names and addresses of thousands of individuals with outstanding hot-check warrants.

Individuals who want to avoid the publication of their names must pay their outstanding balances by Friday May 28, 2010.

Individuals who pay their outstanding balances before Monday June 7, 2010, the end of the amnesty period, will avoid arrests during the upcoming county-wide arrest warrant round-up. Additionally, they will also avoid the payment of additional 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 (5th floor)

Monday - Friday 8:00 a.m. to 5:00 p.m

  • El Paso County Ysleta Annex

9521 Socorro Rd., Suite A-3

Monday - Friday 8:30 a.m. to 5:30 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).

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 3,600 names in the County's hot checks warrants list who owe local merchants more than $3.34 million dollars. During last fiscal year (2008-2009) the Hot Check Unit collected 1.23 million dollars in outstanding hot checks. So far, during the first 7 months of fiscal year 2009-2010, the County Attorney's Office has collected over $620,000.

            El Paso County Attorney Jo Anne Bernal is encouraging 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." Bernal explained.

            Sgt. Raymond Hernandez from the El Paso Sheriff's Office warned that, after the amnesty period, Sheriff's deputies and members of the other participating law enforcement agencies will go out in search of individuals with outstanding warrants.

"These individuals are breaking the law; they are stealing money by writing worthless checks. We are committed to find them and arrest them anywhere they might be, at home, at work or with their family members," Hernández concluded. 

# # #

2010 Hot Check Warrant List Publication Press Release.pdf

El Paso Bar Association Recognizes Work Of Assistant County Attorney Clinton Cross

Clinton Cross Named "Outstanding Senior Lawyer of the Year"

Clinton Cross, prosecutor with the Criminal Unit of the El Paso County Attorney's Office, was recognized this week as "Outstanding Senior Attorney of the Year" by the El Paso Bar Association.

Cross received the award in recognition of his many years of service to the El Paso legal community. The award was presented on Saturday May 1, 2010 at the El Paso Country Club.

# # #

Clinton Award Press Release.pdf

Elected Officials To Publicly Sign Their Living Wills

4-day Campaign Promotes the Use of Advance Directives in El Paso

On Tuesday April 13, 2010, El Paso County Attorney Jo Anne Bernal and members of the medical community will gather at the Texas Tech Northeast Family Clinic to participate in a ceremony where they will publicly sign their personal Medical Power of Attorney, and Directive to Physician, Family and Surrogates forms.

The ceremony is part of a yearly effort by the County Attorney's Office to promote the use of advance directives among El Paso residents.

Advance Directives allow individuals to state what they want for their own medical care in the event that they are unable to make decisions for themselves. Individuals can:

  • Direct that a specific procedure or treatment be provided, such as
    artificially administered hydration (fluids) or nutrition (feeding);
  • Direct that a specific procedure or treatment be withheld; or
  • Appoint a person to act as your agent in making health care
    decisions for you, if it is determined that you are unable to make
    health care decisions for yourself. This includes the decision
    to make anatomical gifts of a specific part or parts of your body via
    organ and tissue donation, or of all of your body.

Advance Directives have been historically underutilized in El Paso, and particularly by minorities, including Hispanics, because of their cultural attitudes towards end-of-life issues.

According to a study by the Journal of the American Geriatrics Society, many Hispanics view pain and suffering as a test of faith. There is an acceptance of "what is" and a belief that "miracles happen". This view sometimes interferes with pain management. It most certainly complicates any discussion on advance directives. The most striking indication of the challenges in communication about end-of-life issues is the insistence by both the Hispanic elders and the Hispanic adult children that their children/parents do not want to have discussions about death and how to prepare to face its consequences.

The campaign to promote the utilization of Advance Directives in El Paso will kick-off with a press conference on Tuesday April 13, 2010 at 1:30 p.m. at the lobby of the Texas Tech Northeast Family Practice Clinic (9849 Kenworthy). Local attorneys will be there until 5:00 p.m. to welcome the public at the clinic's main lobby, offering assistance in completing the advance directives and provide general legal information about the directives and advanced care planning.

Local attorneys will be available to offer similar free assistance at the following locations:

Wednesday April 14, 2010
Montana Vista

From 1:00 to 5:00 p.m.

La Fe Montana Vista Resource Center - 14618 Greg

Fabens

From 9:00 a.m. to 1:00 p.m.

Fabens Nutrition Center - 201 Camp

Thursday April 15, 2010
East El Paso

From 8:00 a.m. to 1:00 p.m.

Happiness Senior Center - 563 N. Carolina

East El Paso

From 9:30 a.m. to 12:30 p.m.

Eastside Senior Center - 3200 Fierro Drive

Friday April 16

San Elizario

From 9:00 a.m. to 1:00 p.m.

San Elizario Community Center - 1156 Church St.

West El Paso

From 11:00 a.m. to 2:30 p.m.

Polly Harris Senior Center - 650 Wallenberg

For more information about National Healthcare Decision Day, please visit http://www.nationalhealthcaredecisionsday.org/

            Medical Power of Attorney and Directive to Physician, Family and Surrogate forms will be available at www.epcounty.com/ca

WHO:       El Paso County Attorney Jo Anne Bernal

WHAT:     Press Conference to promote the use of Living Wills and Medical Power of Attorney documents in El Paso

WHEN:     Tuesday April 13 at 1:30 p.m.

WHERE:  Texas Tech Family Practice Clinic

9849 Kenworthy

# # #

2010 Healtchare Decisions Day Press Release.pdf

Boletín Campaña 2010 Instrucciones Medicas Anticipadas.pdf

 

Landscaper Accused Of Defrauding Two Homeowners Sentenced To One Year In Prison (Jesus Chavez)

El Paso County Attorney Jo Anne Bernal today announced the sentencing of a Horizon City landscaper accused of Deceptive Business Practices.

This afternoon 46-year-old Jesús Chávez received the maximum sentence possible after pleading guilty to two counts of committing a Deceptive Business Practice, a crime of dishonesty punishable by up to one year in jail and/or a fine not to exceed $4,000.

According to court records, between October 19 and October 24, 2007 Chávez received $6,800 to landscape the front and back of an East El Paso home, but the work was never completed.

Between August and September of the same year, on another unrelated incident, an Upper Valley resident gave Chávez more than $8,500 to landscape the front of his house, but just as in the previous case, the job was never completed.

After accepting the guilty plea, County Court at Law #2 Judge Julie González sentenced Chávez to 365 days in jail for each count, to run concurrently.

El Paso County Attorney Jo Anne Bernal said the harsh sentence should send a message to dishonest contractors who prey on unsuspecting consumers. These businesses often promise huge financial savings to the consumer who ultimately ends up with nothing.

"These cases should also warn consumers about the dangers of paying for work in advance, because if the work is never completed, it is very difficult to get their hard-earned money back," Bernal concluded.

# # #

Chavez Sentence Press Release.pdf

Tornillo Resident Sentenced For Deceptive Sale Of Horses

El Paso County Attorney Jo Anne Bernal today announced the sentencing of a resident of Tornillo accused of Deceptive Business Practices.

This morning 38-year-old Pedro Buentello pled guilty to 1 count of committing a Deceptive Business Practice, a crime of dishonesty punishable by up to one year in jail and/or a fine not to exceed $4,000.

According to the police complaint, on September 11, 2008 Buentello offered to sell the victim 45 horses for $2,850. A handwritten contract was signed and the victim paid Buentello $1,400, but the horses were never delivered and the money was never returned.

After accepting the guilty plea, County Court at Law #1 visiting Judge John L. Fashing sentenced Buentello to 300 days in jail.

"The County Attorney's Office is committed to protect consumers from unscrupulous salesmen who prey on unsuspecting and trusting citizens of this community," said El Paso County Attorney Jo Anne Bernal.

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Deceptive Sale of Horses Press Release.pdf

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