By Juan Montoya
Picture this.
You're a 16-year-old Hispanic living at home in the boonies of rural South Texas, Hargill to be exact.
In the past, your home has been invaded by armed attackers.
And then one night – July 3, 2012 – after your dad got a phone call from a neighbor about a strange vehicle parked next to their property, he rouses you and your brother and tells you to get your rifle to confront someone who he thinks is someone who endangered your home.
But, alas, it didn't turn out to be an armed intruder they confronted, but rather Immigration and Customs Enforcement (ICE) agent Kelton Harrison conducting a surveillance operation near the home.
Marquez Alvarado is the teenager accused of shooting the ICE agent last summer — during an armed confrontation for which his father and brother also have been charged — and was hit with a $400,000 bond.
The agent has since recovered from his injuries.
At a hearing in the 370th state District Court, Judge Noe Gonzalez lowered the bond for the now-17-year-old Marquez Alvarado from $400,000 to $50,000.
This January 29, 449th state District Judge Jesse Contreras ruled that the teen was to be tried as an adult and transferred his case out of juvenile court. Contreras had recommended a $50,000 bail at the time, but Justice of the Peace Homer Jasso set the teen’s bail at $400,000, which was criticized by Alvarado’s defense attorney.
Even then, the bond is still too high for Marquez Alvarado to bail out and he remains at the Hidalgo County Jail.
Alvarado’s brother, Arnoldo, and their father, Pedro, are in federal custody awaiting trial.
Don't the prosecutors realize that minors – especially in conservative Hispanic South Texas – are expected to obey their elders and are seen as malcriados if they don't follow their parent's rules? Instead of being arraigned for doing as he was ordered by a paternal figure to defend his home and family we're sure the young Alvarado was expecting something entirely different. And no, he wasn't being asked to jump off a cliff.
If he hadn't obeyed his parent, it would have probably gone worse for him in his eyes.
These are the types of instances where the overzealous prosecution of local minors by state and federal authorities make them lose credibility in the eyes of the local populace. If state prosecutors succeed in getting a jury to incarcerate this youth to a lengthy prison term, it will simply compound the negative view of the law held by many here.
Whether you support ICE or state prosecutors, there are enough elements in this matter to mitigate against the heavy hand of the law coming down on an obedient son.
Wednesday, February 6, 2013
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4 comments:
Aw gee whiz, why didn't you say he was a Mexican and following order from his father! That makes it OK for him to ambush, shoot and attempt to murder somebody. Yep, he is a Mexican and following Dad's orders will excuse him from any and all crimes. Not guilty by reason of being a Mexican. A perfect defense!
Okay, but how do you know its an ICE Agent? How do you know its Law Enforcement?
The vehicle had no markings, no emergency lights. The agent had no jacket that says "Federal Agent", no badge displayed, never identified himself as a Federal Agent. And he wasn't even carrying a weapon.
It sounds like the agent was off-duty. So, how is the family supposed to tell the difference between a psuedo-cop and a real cop, if the cop never identifies themselves? Plus, there's a cell of Zeta-paid Border Patrol Agents operating in Brooks County.
There's more to this story. Hopefully, it comes out during trial.
It doesn't matter who the guy that got shot was. It is against the law to open fire on a guy in a car, period. You can't attempt to murder people, because of who they might be!!
You can only use deadly force unless you are being directly threated. Sitting in the dark in a car is not a direct threat.
http://www.valleycentral.com/news/contents.aspx?metadata=keywords=Attorney_Gustavo_Acevedo
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