Valley Morning Star
Staff Writer
BROWNSVILLE — A judge yesterday ordered a trial for San Benito ISD school board President Michael Vargas after prosecutors upgraded his charge of driving while intoxicated.
In Cameron County Court at Law No. 5, visiting Judge Leonel Alejandro set a Feb. 6 jury trial during an arraignment hearing stemming from Cameron County District Attorney Luis Saenz’s decision to upgrade Vargas’ DWI charge from a Class B to a Class A misdemeanor based on his blood-alcohol level at the time of his July 5 arrest.
While the legal limit is 0.08 percent, tests show Vargas’ blood-alcohol level reached 0.15 percent.
As a result, prosecutors are counting what records show as Vargas’ first drunken driving charge as his second DWI charge, Saenz said during an interview earlier this month.
The upgraded charge boosts the offense’s potential penalty from six months in jail and a $2,000 fine to one year in jail and a $4,000 fine.
“We’re thankful for the legal system and glad (the case) is proceeding,” Janie Lopez, the school district’s former Guidance and Counseling coordinator who launched a drive to remove Vargas from the school board, said after the hearing.
“Vargas is an elected official and he should be treated like anybody else who works for the school district — they go through the process and are tried,” Lopez said. “It’s important to us that elected officials be held accountable also.”
During the hearing, Alejandro granted Vargas’ request to waive arraignment.
Meanwhile, Alejandro upheld a previous court order for Vargas to equip his vehicle with a breath alcohol ignition interlock device featuring a camera.
During an Oct. 1 hearing, Judge Estella Chavez Vazquez ordered Vargas to install the devise, which does not allow a vehicle’s engine to start if the motorist’s breath contains a blood-alcohol level greater than the legal limit of 0.08 percent.
According to a court document, Chavez Vasquez also prohibited Vargas from drinking alcohol or taking drugs before driving.
The trial date marks the second for Vargas.
Earlier this month in 107th state District Court, visiting Judge Manuel Bañales set an April 13 trial to determine whether Vargas should be removed from the school board on the grounds of intoxication.
Meanwhile, Bañales set a Nov. 25 hearing to decide whether Vargas should be temporarily suspended from the board pending his April trial.
If Vargas is temporarily suspended, the court will consider the appointment of a temporary replacement.
The case stems from residents’ petition calling for Vargas’ removal as a result of his DWI arrest.
Under Texas Government Code 87.015, the rarely applied law allows residents to petition the court to remove elected officials from office on such grounds as intoxication.
Earlier this month, Saenz, who has held office since 2013 after serving as district attorney in the 1990s, called cases stemming from residents’ petitions exceptionally rare.
BROWNSVILLE — A judge yesterday ordered a trial for San Benito ISD school board President Michael Vargas after prosecutors upgraded his charge of driving while intoxicated.
In Cameron County Court at Law No. 5, visiting Judge Leonel Alejandro set a Feb. 6 jury trial during an arraignment hearing stemming from Cameron County District Attorney Luis Saenz’s decision to upgrade Vargas’ DWI charge from a Class B to a Class A misdemeanor based on his blood-alcohol level at the time of his July 5 arrest.
While the legal limit is 0.08 percent, tests show Vargas’ blood-alcohol level reached 0.15 percent.
As a result, prosecutors are counting what records show as Vargas’ first drunken driving charge as his second DWI charge, Saenz said during an interview earlier this month.
The upgraded charge boosts the offense’s potential penalty from six months in jail and a $2,000 fine to one year in jail and a $4,000 fine.
“We’re thankful for the legal system and glad (the case) is proceeding,” Janie Lopez, the school district’s former Guidance and Counseling coordinator who launched a drive to remove Vargas from the school board, said after the hearing.
“Vargas is an elected official and he should be treated like anybody else who works for the school district — they go through the process and are tried,” Lopez said. “It’s important to us that elected officials be held accountable also.”
During the hearing, Alejandro granted Vargas’ request to waive arraignment.
Meanwhile, Alejandro upheld a previous court order for Vargas to equip his vehicle with a breath alcohol ignition interlock device featuring a camera.
During an Oct. 1 hearing, Judge Estella Chavez Vazquez ordered Vargas to install the devise, which does not allow a vehicle’s engine to start if the motorist’s breath contains a blood-alcohol level greater than the legal limit of 0.08 percent.
According to a court document, Chavez Vasquez also prohibited Vargas from drinking alcohol or taking drugs before driving.
Call for removal from office
The trial date marks the second for Vargas.
Earlier this month in 107th state District Court, visiting Judge Manuel Bañales set an April 13 trial to determine whether Vargas should be removed from the school board on the grounds of intoxication.
Meanwhile, Bañales set a Nov. 25 hearing to decide whether Vargas should be temporarily suspended from the board pending his April trial.
If Vargas is temporarily suspended, the court will consider the appointment of a temporary replacement.
The case stems from residents’ petition calling for Vargas’ removal as a result of his DWI arrest.
Under Texas Government Code 87.015, the rarely applied law allows residents to petition the court to remove elected officials from office on such grounds as intoxication.
Earlier this month, Saenz, who has held office since 2013 after serving as district attorney in the 1990s, called cases stemming from residents’ petitions exceptionally rare.
To read rest of article, click on post:
15 comments:
FUCKING TRUMP: It's times like this when it would be helpful for Trump to have credibility. But he's lied repeatedly about things that he's done. He said he didn't know anything about the payments to Stormy Daniels when there are recordings of him approving the payments. He said he didn't dictate the response to the Trump Tower meeting when he did dictate it. He said he didn't know anything about the Sharpie drawing on the hurricane map when it's pretty obvious he's the one who drew it. So we know we can't take at face value his denials of whom he knows and what he may have told them to do.
That doesn't mean that any bad inference should be made without some evidence to support it. But it does mean, unfortunately, that allegations need to be investigated because we can't believe what Trump says about the matter.
A president's word should mean something, but in Trump's case it doesn't. And that's a problem of his own making.
In 2020 TRUMP WILL STILL BE YOUR PRESIDENT AND MINE.
2020 is around the corner and TRUMP WILL STILL BE PRESIDENT
All presidents (Reagan, Clinton, Bush, Obama... etc.) lies. Lies that get people killed is the worst lies, than using a sharpie on a hurricane map or hush money.
What in the actual fuck is wrong with you? Did I miss the Trump story? Fucking stupid people... I swear.
2020 TRUMP WILL WIN AGAIN!!!
Must give credit to the parents and people of San Benito they had guts to stop this insanity by a supposed leader of a cummunity.The school board should be ASHAMED by not taking care of this themselves.
Its freeking crazy that people think Trump is a good president you guys will believe anything he says your heads are way up his ass you can't hear him lie.
Looks like DA luis saenz is getting ready for the March 2020 primaries, luis dont worry be happy, no one will be running against you dude. If any one was they would have announced already, so not to worry.
We ought to lay odds on the results of what will happen to Erasmo Our laws down here are for a select few by a select few. How long will it take us to understand that the valley is pure corruption. Erasmo, no tienes vuerguenza?
Salte a la fregada del school board; nobody wants you there. As a matter of fact, take all the rest with you when you leave, cause you are all a bunch of back stabbers and self-indulging idiots - todos y todas!
Juan, what about the Rene Oliveira's case?
I love watching the anti TRUMP crybaby faggots freaking out! It’s going to be a very long 6 year’s ahead for you. Waaaaaaa!!!!
Wanna talk about the amazing TRUMP ECONOMY? He is kicking your asses every day. as usual, Democrat pussies accomplish nothing.
Yes juan there is a santa claus, agree with 3.42pm what happen with rene ojete oliviera case? Did luisito sweep it under the rug? Like the Texas tornados sing,hey baby que paso? Ya uvo pago al DA luis saenz para que no aga justica? And you here think Trump is a bad hombre, i say not, the bad hombres are at the cameron county courthouse, juan please look into this asap before christmas vacation for the county judges start and thats very soon etc.
Abd Juan, while you are at it looking for a follow-through article on Oliviera, why don't you include the Atkinson case with BISD before she left for Rio Hondo. Was she not indicted for something, besides being a "master
bitch?" And what about Judge Robert Garza? And I could go on and on and on and no answers from Luis Saenz. We need another DA who owes no favors.
How many of the stupid Mexicans in the above blogs has lived ANYWHERE ELSE other than the Rio Grande Delta, the Land of Stupid Mexicans?! Maybe you should go check out the REAL WORLD. TRUMP will be your President AGAIN you whiny ass Mexicans!
Post a Comment