By MICHAEL RODRIGUEZ
Managing Editor
editor@sbnewspaper.com
Mayor Joe H. Hernandez
Officials with the 445th District Court in Brownsville confirmed Friday the indictment of San Benito Mayor Joe H. Hernandez.
Jan Cassidy, the attorney representing Alfonso Benavides in an ethics complaint filed against the mayor in February, said that Hernandez faces charges associated with said complaint.
“Mr. Hernandez has to go to Olmito, turn himself in, post his bond and then he’ll be free to go until Nov. 1,” Cassidy said of the procedural process.
The charges levied against Hernandez include allegations of ethics violations, tampering with evidence and abuse of official capacity – all associated with the raspa-gate scandal from a year ago.
Cassidy reported that it was September 19 when the indictment was handed down by a Cameron County grand jury. Hernandez will be arraigned before 445th District Judge Rolando Olvera at 9 a.m. on Thursday, Nov. 1.
In response to the indictment, Hernandez remained largely unaware of the details. “To be honest, nobody has notified me of anything,” Hernandez said. “I haven’t received anything. Nobody has contacted me. All I know is that I know that I’ve done nothing wrong.”
Cassidy said Hernandez, as the defendant, has the option of choosing a trial by judge or jury following the arraignment; at least after attorneys have had an opportunity to review the evidence against the mayor.
The ethics complaint accusing Hernandez of violating a conflict of interest affidavit was filed with the Cameron County District Attorney’s Office after the San Benito City Commission, on Feb. 7, unanimously voted to defer the case to the DA.
Benavides originally cited 11 charges, among those include an allegation that Hernandez violated Chapter 171.002(2)(b) of the Texas Local Government Code when the mayor acknowledged in open session of a special city commission meeting in July 2011 that he had a conflict of interest pertaining to the discussion of mobile vendors.
It is further alleged that, during the meeting in question, Hernandez said he had signed an affidavit acknowledging said conflict and recused himself from the proceedings yet “spoke in favor” of the agenda item to which said conflict existed.
The conflict alleged in the complaint stems from Hernandez’s affiliation with Noe Leal, a mobile vendor who the mayor allowed to operate his snow cone stand, Noe’s Tropical Sno-Wiz, at the mayor’s Robertson Street barbershop.
Snow cones are often referred to as “raspas” in the Valley, hence the term raspagate being coined in reference to these matters.
Charge 11 of Benavides’ complaint to the DA’s office states that the mayor was in alleged violation of state laws and Section 13.03.003 of the city’s Code of Ordinances when he allowed Leal’s snow cone stand access to Hernandez’s water from his barbershop property. This was done, Benavides has accused, “while not providing sanitary sewer connection and sewer tap fees to the City of San Benito.”
However, only charges 1-7, of which Benavides accuses Hernandez of violating Texas Local Government Code and the Texas Penal Code, may have been investigated by the DA’s office. Charges 8-11, which cite violations of City of San Benito ordinances and its charter, may still be up to the municipality to review.
Charge 7 in the complaint accuses Hernandez of tampering with or fabricating evidence when the mayor had the snow cone stand removed “in an attempt to alter, destroy and conceal its availability as evidence in the investigation and proceeding in violation of Section 37.09(a)1.”
Hernandez has denied this allegation, insisting that the stand was removed at the behest of Leal and his father.
Regarding the other charges, Hernandez has gone on record claiming they’re a matter of retaliation, alleging further that Cassidy’s involvement in the matter is motivated by revenge fueled by her removal as city attorney and as legal counsel for the San Benito Housing Authority. In the past, Hernandez has accused former Place 4 City Commissioner Celeste Sanchez of luring him into the discussion at the July 2011 meeting.
As previously reported in the San Benito News, Cassidy and Sanchez have emphatically denied these accusations.
When asked to respond to these charges, Hernandez said, “I take the office of mayor very seriously. I wouldn’t do anything to hinder the trust of the people. I’m innocent, and I know that I’ve done nothing wrong.”
Read this story in the Oct. 21 edition of the San Benito News, or subscribe to our E-Edition by clicking here.
17 comments
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To Ralph: Yes, I am sticking to the story, the mayor’s character. I have noticed that in the VMS we have been in the front page several days now with negative stories either from the city or school. Could it be that maybe these officials are not cooperating with the media and just giving their usual “No Comment” or uncooperating when trying to obtain records thru the open records rule. By the way, I might not be able to pay my taxes by Jan. so I will have to make some arrangements. Had the mayor made any arrangements to pay his unpaid taxes which led him to step down his post? Oh, sorry, I need to stick to the story. Well the charges all tie to his character! Hello!
I was talking about the editor sticking to the story.
Your points are right on target. Good job!
Hey, WeThePeople, if the editor was biased then he would have found a reason to not even report this story (just like the VMS, who have failed to update their story as this paper has) or he would have sided with Joe and claimed this was a “political attack”, he probably would have insulted Jan “I hate the mayor” Cassidy. If you actually read this paper every week, then over the years you would have noticed that all parties (mayors, commisioners, citizens) get the same treatment. HERE’S THE REAL SCORE: WeThePeople = TOO BLIND BY BIAS TO SEE FACTS– Editor = COMPLETELY CORRECT, your article does not “take sides”
Wow. Can’t we just stick to the story?
Now the mayor will have more “chisme” for discussion at “Joe’s chisme shop”.
All the men that go there should boycott it, because word is that all the men that go there are as chismosos as the barber””” The only person I can see going there is Chuy Aguilera because all he takes to the school board meetings is rumors, and he says it himself – “I heard a rumor”. Maybe his picking up these rumors at the “chisme shop”.
Relevant facts, Mr. Editor. Please. From your viaceral attack on me, it looks like we struck a nerve, eh? I will say no more. Go ahead, it’s your newspaper; have the last word.
Author
What happened to your belief that I reported my opinion, WeThePeople? At least you’re making progress in the sense that you’re finally acknowledging that facts were stated. Now you’re just having difficulty with relevancy and distinguishing the difference between defending our reporting and setting you straight with a “visceral attack” and striking “a nerve” – both of which are really just cop-outs that allow you the convenience of using outright fallacies to misrepresent our coverage yet without wanting to be challenged. Convenient indeed.
Make no mistake, WeThePeople. I have no problem responding to concerns, criticism or praise, be it on this website, through the paper or in public. Thanks for the last word, by the way. It hope it helped you see a little clearer.
No, Mr. Editor. Just report the FACTS of the story regarding the indictment without bringing in other commissioners into it. I could care less about your opinion or other quotes from times past. So what does ‘luring into conversation’ have to do with anything…except in your friend Joe’s vivid imagination? Leave out the obvious fluff. Get to the story…do some REAL investigative journalism.
The other so-called media aka the VMS reporter that you are perhaps elude to is not relevant either.
Just the FACTS, please.
Author
WeThePeople, you seem incapable, or perhaps unwilling to understand what fact is. It is a fact that the mayor accused former Commissioner Sanchez of luring him into discussion. This is in relation to the charges levied against him. If you need me to explain to you how a previous attempt by the mayor to defend himself against the very charges that led to his indictment is relevant to an article about said indictment, then it’s not the article that’s the problem. It’s you.
Also, repeatedly stating or implying that I’ve injected my opinion into the article is not a valid argument if you have nothing else to base your argument on other than your say-so. I’m sorry to be so blunt, but your insistence doesn’t make you correct. It only makes you absurd.
If the mayor is the highest office in San Benito then San Benito truly is a den of idiocy. The mayor was RE- ELECTEDafter he was once removed, getting hi second chance to prove worthy, and now this?! The mayor and all his “department heads” have become very comfortable in their POST OFFICE PALACE, now they feel truly invincible, Art, Lara, and Joe MUST GO!
Your comment is pretty sleazy Mr. Editor, by trying to bring Ms. Sanchez into the conversation.
The indictment of San Benito Mayor Joe H. Hernandez is about his actions. Period. To insinuate that someone else has ‘lured’ him into something is ignorant, and has no relevance to the real issue. Report the news. Not your opinion.
Author
Sipping on the kool-aid, WeThePeople? How else do you explain mistaking fact – which in this case involves Mayor Joe H. Hernandez accusing former Commissioner Celeste Z. Sanchez of luring him into discussion – with opinion? I suppose you would have preferred not allowing the mayor the opportunity to defend himself? We don’t work that way.
To appease your concerns, however, I’ll break it down for you. Here’s the excerpt from the article in question: “In the past, Hernandez has accused former Place 4 City Commissioner Celeste Sanchez of luring him into the discussion at the July 2011 meeting.”
Stating that the mayor made these allegations is not a matter of opinion, WeThePeople. Nor is it my opinion. It’s fact. The mayor did make these accusations.
Still, if you’re so inclined, I can provide you with links to other media sources that practice what you’re looking for – selective journalism.
@WeThePeople
Mr. Editor can defend himself from your ranting and raving.
However, maybe it is time for “YOU” to “take off your rose colored glasses and wake up Mr. or Ms. Pollyanna” and stop jumping to conclusions without subscribing to the facts first.
Check this out. https://docs.google.com/file/d/0Bz5FYRPP4_MRVGpBVHFvMHh4RVk/edit?pli=1
The only person doing the insinuation of being lured is Joe H. Hernandez when he has no viable or valid defense.
It is your tirades, WeThePeople, that are sleazy and offensive!
For the record San Benito is not the only city with bad people. The world is full of them!!!!
Yes, but in SB people keep re-electing bad people who don’t pay their taxes unless caught and think they are invincible and rules and laws don’t apply to them. You can take that to the bank!
Man I’m tired of people with power doing things like this I regret ever living in San Benito because of people like this just google have of the names of people working in San Benito and u will see they are thieves i really wish people would do something about this it’s gone to far u give these people an inch and they want the mile it disgust me what these people are really like but when voting time comes along they act all buddy buddy with u then when they get voted in they turn there back on you it’s just ridiculous
You did nothing wrong? You’re innocent? Well, let me tell you sir, ACTIONS speak LOUDER than words! Get ready because You’re in for a loooooong battle to prove your innocence. What goes around, comes around, Sir.