Eight individuals have filed two petitions in district court to remove Brownsville Independent School District board member Erasmo Castro and San Benito Consolidated Independent School District President Michael Vargas this morning on the grounds that they violated a local government code for intoxication.The two petitions were filed this morning minutes apart from each other at 10:37 a.m. in Judge Ben Euresti's 107th District Court. Euresti is the presiding judge for Cameron County.
However, Euresti recused himself from hearing the cases and it will be visiting judge Judge Romeo Flores who was appointed by the the Fifth Administrative Judicial Region (5th AJR) located in Corpus Christi, who will sit on the case.
Under Chapter 87 of the Texas Local Government Code, the removal of of a school board member can be initiated by petition to the judge of the state district court where the trustee resides.
The power to initiate removal proceedings rests with individuals petitioning a state district judge - and not with the school board. Euresti is the presiding judge for Cameron County.
The code lists 14 elected officials from district attorneys to county judges, sheriffs, county commissioners and justices of the peace who can potentially be removed from office. School board members of independent school districts are included.
One of the grounds for removal is intoxication. Castro was arrested Sept. 2 at about 1:35 a.m. on charges of driving while intoxicated at 900 Morrison Road in Brownsville.
Vargas was arrested July 5 at about 2 a.m. on the 1500 block of Ed Carey Drive in Harlingen and charged with DWI.A police report indicated that Vargas, 32, was found “sleeping behind the wheel of a black passenger vehicle,” around 2 a.m. Friday July 5. Apparently, someone called the police in reference to an alleged intoxicated driver.
Castro was found sitting in the back seat of a his car which had damage to the driver's front side and a flat tire.
A number of San Benito ISD parents demanded that Vargas be removed from the board. Vargas and the board refused and he remains in his position. In the petition to remove Vargas, an incident where he was involved in an altercation in San Antonio and allegedly groped an unwilling male colleague of a woman he assaulted is included. The incident report states that: "I spoke to the suspect, who said he did not remember what happened, because he was highly intoxicated."
Once the petitions are filed, the statute requires the district attorney to litigate the petition as a civil lawsuit. Additionally, “the district judge may temporarily suspend the officer and may appoint another person to perform the duties of the office” pending a civil trial of the allegations in the petition, according to the statute.
However, it is doubtful that Cameron County District Attorney Luis V. Saenz will prosecute the case since he personally endorsed Castro publicly during his campaign for the BISD board.
Saenz told the Brownsville Herald that he’s aware of the statute but that the petition method for removing a school board member has never been utilized in Cameron County during the 35 years he has been prosecuting cases in the county.
Vargas retained former Cameron County Pct. 2 commissioner Dan Sanchez as his attorney. Castro will be defended by attorney Angela Nix.
The persons who filed the petition in Castro's case were Zachary A. Blevins, Jesus Guevara, Jose Covarrubias and Rocio Patino.
The petitioners in Vargas case are Janie Lopez, Oscar Medrano, Rosalinda G. Garcia, and Ramon Santos.
According to the Local Government Code, a resident of the state who has lived at least six months in the county in which the petition was filed and who is not currently under indictment in the county may file the petition.
The persons who filed the petition in Castro's case were Zachary A. Blevins, Jesus Guevara, Jose Covarrubias and Rocio Patino.
The petitioners in Vargas case are Janie Lopez, Oscar Medrano, Rosalinda G. Garcia, and Ramon Santos.
According to the Local Government Code, a resident of the state who has lived at least six months in the county in which the petition was filed and who is not currently under indictment in the county may file the petition.
22 comments:
Good, someone finally is doing something. I understand people make bad choices, however, elected officials and a person who calls himself a pastor should be held to a high standard.
Not happening. A judge will not undo an election. smh
These men set a terrible example for our kids and should be removed from the school boards. Their poor example detracts from the trust in our school boards and tends to make their policies questionable.
Se le acabo el tiempo al marrano.
Finally!!! Erasmo is out of control.
Juan,
Que weyes! They should have waited for them to be convicted of intoxication. Remember, everyone is innocent until proven guilty! The case against their removal will be tossed as there is no criminal conviction! They will then both plead guilty to wreck-less driving! And kabooom! No reason for them to be removed! Las jaibas brincaron muy rápido! Viva Erasmo! Viva Vargas! Viva La Malinche! Viva Santa Ana!
- El Papa De Los Pollitos
Drinking alcohol is the equivalent of breathing elsewhere. Local culture trumps. smh
Anyone who voted for this pair of losers should go to jail, to some supermax in solidary confinement, for evaaaaaa.
Hope this sets the example to all our elected officials.
Mr. Saenz, you may not have handled a situation of petition removing process for getting rid of a bad influence on the school board before because there has been no specific charges like such for this process. However, it could have happened if you had not sealed the indictment of a previous possible dismissal of another board member. So, you certainly are not qualified to rule or prosecute anybody where you have conflict of interest. There is a say, Mr. Saenz, that there is always a first time and as you swore when inducted as DA, you are to uphold the law at the same level for all. Erasmo or the other lady are NOT BEYOND THE LAW in spite of what our Pres. wishes to believe. He, too, needs to be removed!
Oh, and I forgot to mention that we have those "pastors" - or "golpes de pecho" school board members (2) who bang their chest professing God and their actions are to the contrary. The hate and the animosity shown by those people really show their real religion.
What happened to Pura Politica C.C.'s
coverage of the Elizondo NOT GUILTY verdict ? The author of this new Facebook propaganda page was obsessed with the Elizondo case and constantly putting the man down,and now nothing.
This Cool Arrow of a "blogger" is not much of man either, he's been harassing the same female politician for almost a decade now and still can't stop with his obsession of this woman . You're a real tough guy , Cool Arrow.
El Rrun Rrun is the REAL DEAL for Cameron County Politica!
WE NEEED A NEW DISTRICT ATTORNEY.
Those 2 are Fuk’n each other.
Watch out the rest of you elected idiotas or the same will happen to all of you pendejos...
Whats good for the goose is good for the rest of these elected officials, specially the port...
Our prominent Mr Rene Oliveira has shown everyone the best way to bend the law, is to lie and cheat and delay
Delay the court case indefinite, where anyone else would have been sent to jail a long time ago.
Good for you Mr Rene Oliveira.
He is still a Scumbag Rene Oliveira, is still a lier full time.
What example are they setting with the kiddos
The same as the Scumbag Rene Oliveira has done for years and years, show them how to lie and cheat the system
The people have spoken and took action! Lets hope that the "ELECTED" Judge has the "balls" to do the right thing by law and not using a technicality just to escape making a judgment! As for Luis Saenz, these two POS role models don't have enough votes to keep you in office along with the Judge assigned! The person' who signed these petitions HAVE the ample votes to keep either of them in office OR out of office!
Huh, one has the first time "get out of jail card." BUT, the other one has a felony conviction and shouldn't get the slide!
Once a Scumbag always a Scumbag, Rene Oliveira is still involved with Elton Musk and Boca Chica Beach scam
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