By HEATHER CATHLEEN COX
Staff Writer
reporter@sbnewspaper.com
Facing third degree felony charges in an indictment handed down by a Cameron County grand jury, San Benito Mayor Joe H. Hernandez turned himself into authorities on Tuesday morning.
Hernandez made bail by posting $5,000 cash, after facing a magistrate judge at the Carrizales-Rucker Detention Center in Olmito.
Charges against Hernandez include abuse of official capacity and tampering or fabricating physical evidence; this dates back to 2011 when the mayor allegedly allowed a snow cone (raspa) stand to operate on his property without paying for sanitary sewer connection and sewer tap fees to the City of San Benito.
As cited from an official document with the State of Texas vs. Joe H. Hernandez, charges are specified as the following: “39.02 (a) (1), which is defined as abuse of official capacity; and 37.09 (d) (2), depicted as tampering or fabricating with physical evidence….”
The aforementioned document further states, “As mayor of the city of San Benito, Cameron County, Texas with an equitable or legal ownership with fair market value of $2,500 or more, by placing on the San Benito City Commission agenda of July 11, 2011 a revision to ordinance 2385-A when he knew a conflict of interest existed and by further participating in the discussion on the proposed ordinance 2385-A when he knew a conflict of interest existed and by further participating in the discussion on the proposed ordinance 2385-A to his pecuniary benefit.”
Additionally, Hernandez is charged with knowingly concealing “a snow cone stand: Noe’s Tropical Sno-Wiz stand located on his property on Robertson St., with intent to impair its investigation availability as evidence in the investigation.”
“Since this matter does not legally involve the City of San Benito, nor its legal or financial standing, the city is not in a position to address the charges,” city officials said in a press release. Furthermore, officials do not foresee the indictment affecting business interests and routine professional aspects of the city’s functionality.
Prior to turning himself in on Tuesday morning, Hernandez said, “I know what it’s about, and I still claim my innocence on everything. What I’m gonna do is just take it a day at a time.” There is no official word as to when the mayor’s next hearing will be.
City Attorney Rick Morado said, “We [will] look for a quick and just resolution to this matter.”
The City of San Benito is not listed as a defendant in its mayor’s indictment.
Read this story in the Oct. 24 edition of the San Benito News, or subscribe to our E-Edition by clicking here.
4 comments
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Tiny little person in a tiny little town with nothing to offer where tiny little fish think they are big fish. Step out into the real world and be eaten by the big fish that swim the waters. Joe, you did it, stop pointing fingers, stop looking for excuses. To have us believe that another city commissioner was shrewd enough to force you to engage in a conversation where you should’ve said nothing is ludicrous. Either that city commissioner was very shrewd, or you are that gullible. Using that word to avoid using another more descriptive word.
While the Mayor’s problems are over allegations in his public position, the City Attorney should not bill for any of his time on this.
I agree with jon p, this is a problem of the Mayor. We should not be spending more City monies on what is solely his problem. It would be interesting to see if Morado bills the City for his time while working on a “quick and just resolution to this matter.”
Did anyone notice that a City of San Benito Municipal Court Judge, Adolfo Cordoba, who is now a Jail Magistrate, was the person who arraigned Hernandez and set the bond? Great timing on turning himself in so he could be processed before the regular jail arraignments at 2:00 pm. So, did he get strip searched like all other prisoners? The pictures show him turning himself in the the Sheriffs Office and NOT the Carrizales Rucker Detention Center!!
why is the city attorney commenting on this? This is Joe’s mess not the city’s. Hey Morado you were a terrible mayor don’t be a terrible city attorney also!