By HEATHER CATHLEEN COX
Staff Writer
reporter@sbnewspaper.com
Mayor Joe H. Hernandez
Although felony charges against San Benito Mayor Joe H. Hernandez were dropped at just after 10 a.m. Wednesday, December 19, misdemeanor charges may hang in the balance for up to one full year.
Judge Rolando Olvera of the 445th District Court announced Wednesday morning the dismissal of Hernandez’s felony charge.
“As far as that goes, there was no merit to that charge,” said Hernandez’s attorney Rey Rodriguez of the felony charges against his client, which involved abuse of official capacity and tampering or fabricating with physical evidence, both as relative to a scandal referred to as “Raspagate.”
Specifically, Hernandez had been accused of violating a conflict of interest affidavit at a July 11, 2011, San Benito City Commission meeting. Hernandez still participated in discussion, which involved mobile vendors, proposing ordinance 2385-A. Hernandez allowed Noe’s Tropical Sno-Wiz to operate on his barbershop property without paying the City of San Benito for water. For this incident, the mayor was duly charged with “intent to impair its investigation availability” when removing said stand.
Rodriguez said, “My client entered into a Pretrial Diversion (PTD) program. The felony got dismissed, and on the misdemeanor (charges) we entered PTD.” Rodriguez stated that PTD “is not admission of guilt.”
The attorney added, “To clarify, the only reason the mayor entered this program was to get San Benito out of the negative light it’s been placed in because of these complaints. [Hernandez] felt it was best for the City of San Benito to enter this program. It’s nowhere near an admission of guilt. He is maintaining his innocence.”
The pre-trial diversion program is a 12-month program which requires Hernandez to pay an initial fee of $500. According to Rodriguez, “Basically, he pays fines and takes continuing educating courses on city and municipal classes.” In addition to the $500 start-up fee to enter the program, the mayor will be expected to pay subsequent fines throughout the remainder of the program.
Regarding the duration of the program, Rodriguez said, “There’s always the possibility for early termination, and that is what we will seek.”
“Today, there was no plea entered by the mayor,” said Rodriguez, who informed that Judge Olvera reset the case for December 18, 2013. “At that time, it will be announced to the court if he successfully completed the program. On that date or possibly earlier the state will dismiss the misdemeanor charges.”
Hernandez stated, “I want the public to know what’s going on.” He added, “I will continue (city) business as normal, as mayor.”
“The people put their trust in me by electing me as mayor,” said Hernandez. He further stated, “When the time comes for re-election in a year-and-a-half, I will run again. I will continue running ‘til the people say [not to run]. This is not going to get in the way.”
The mayor noted that he has provided nearly 50 years of community service to San Benito, via his barber shop on Robertson Street and additional community involvement. He said, “Giving back to the community makes me feel very good, and I do it with all my heart because I love San Benito…without expect anything in return.”
Attempts to reach Jan Cassidy, the attorney representing Alfonso Benavides, the San Benito citizen who brought forth the charges against the mayor, have been unsuccessful.
Read this story in the Dec. 23 edition of the San Benito News, or subscribe to our E-Edition by clicking here.
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After reading this article I can only quote VP Joe Biden, “that is a bunch of malarkey”.
All King-I am the history-Joe Hernandez cares about is protecting his so-called legacy and not the city. Remember when he told the San Benito News that he had been “dethroned” when he was removed from the city commission for violating the city charter (not paying property taxes). He is also the history of San Benito.
Did you really think this was it for King Joe? Don’t you know that paying taxes, rules, ordinances etc do not apply to the king? Only the little people pay taxes, follow rules, ordinances, etc. etc.
He has been in politics for over a decade and he still doesn’t know or refuses to obey the Roberts rules of order. The story is that in June he and the rest of the city commission and the city staff spend an entire Saturday with the City Attorney (at $150 an hour) discussing meeting procedures, open meeting laws, Roberts Rules, agenda procedures, and avoidance of conflicts. When you elect inexperienced people to the city commission, the city needs to spend tax dollars to train them. How many times has newly elected commissioner JD Penny been to Austin for commissioner training at taxpayers expense? Ask the city. Any screw-up by the mayor from here on should be a violation of his probation.
The negative light placed on the city is the result of the Mayor’s action and not the result of the complaint filed. The official complaint and indictment were against the Mayor and not the city. What an absurd statement. Also, an innocent person does not enter a probation program with requirements and pays a fine. An innocent person defends himself no matter what. Maintaining your innocence does not make you innocent.
In the court of public opinion, the king has already lost the people’s trust by not paying his property taxes on time and violating the conflict of interest rules. If king Joe decides to run for re-election, hopefully the voters will finally realize that “the Emperor or King Has No Clothes”. Ignorance of the law is not and will never be a valid excuse.
The citizens of San Benito need to wake up and take their city back from the politiqueros and those in power who are picking your leaders. You need a fresh new city commission, mayor, and city administration.
Here is a sound bite for you: “Throw the bums out!!!!”
40 hours of community service?? I hope to see it to belive it. His compadres will probably sign for him that he did it.Vamos a ver.This is so laughable.
Can Mr Mayor keep his mouth shut for a year and avoid charges. Like the ones he allegedly made and is still pending in court. Since this occured before the sentence, is this not going to harm his PTD?
Can’t fault the attorney. It’s his job to defend his client, regardless. I am certainly not saying I agree with the resolution, but that’s why I could not be an attorney. I could not stand before a Judge or a jury and defend someone like The Little Man. But as I stated, the attorney did his job.
Have you every stood close next to the railroad tracks and watched the train roll down it’s tracks? WOW!
No merit to that charge? What? After excusing himself from the discussion due to a conflict of interest at that particular meeting, he stated that “I probably am going to get into trouble for this (involving himself in the discussion), but I am speakiing as a citizen, not as the mayor . . . ” No merit to that charge? Rodriguez , I see your legal career spiraling down and down and down . . .
Another newspaper in town reports that the State will dismiss that charge at the end of probation. I don’t understand how innocent people get put on probation?
“The only reason the mayor entered this program was to get San Benito out of the negative light?” What?? The charges have nothing to do with the City.
“Mayor Hernandez felt that this was in the best interest for him, his family and the community,” his attorney is quoted as saying in the other paper. As you can see, the community was his last consideration.
Typical how is he ever going to learn how to be a real mayor when there always cutting him some slack I just don’t understand these people it’s a matter of time before he messes up again it’s just getting old u need to open ur eyes San Benito don’t vote for people like this it’s only making ur city look bad
“Basically, he pays fines and takes continuing educating courses on city and municipal classes,” said his attorney.
At whose expense? The city’s? If he has to travel to Austin for a week-long training stipulated by the court as part of his PTD agreement, the city ~ taxpayers ~ should not have to pay for that. Taxpayers should not have to pay any expense he may incur as a result of his actions as a private citizen or criminal defendant to satisfy the terms of his PTD arrangement.
Since when does an innocent person have to pay fines?
The Pretrial Diversion program – PTD as it is known – is available for those with misdemeanor charges who have never been previously convicted. PTD is supervised in this county by the Cameron County Adult Probation department, and is similar to being on probation. Whether a defendant stands before the court and admits guilt or not, to enter into the PTD program the defendant essentially admits guilt, hence, the fines he is required to pay and the submission to supervision by the probation department.
The reason the judge “reset” the matter until December 18, 2013, the court has deferred adjudicating the defendant guilty pending the outcome of the PTD program. If the defendant fails to complete the terms of the PTD program, or is arrested for another violation, or violates any other court stipulation under the agreement, the defendant is taken back before the court, pronounced guilty, then sentenced. There will be no chance for the defendant to be tried by a jury of his peers, as he essentially pleaded guilty today by entering the PTD program. If the defendant successfully completes the PTD program, the remaining charges are dismissed and the defendant is not convicted and his record remains clean.
As far as the felony charge of Tampering With or Destroying Physical Evidence being dismissed for lack of merit, as Hernandez claims? It had merit when sent to the DA’s office. Unfortunately, Special Prosecutor Pena dropped the ball when the indictment came back as tampering with a corpse. Incompetence or design? The grand jury thought there was merit.
Innocent people do not pay fines. Innocent people do not require supervision by a probation officer. Innocent people do not have appointments with a court hanging over their heads for an entire year while they complete court-ordered programs.
Now the public knows completely what’s going on, Defendant Hernandez.
Thank you for the correction. I will change the acronym from PTP to PTD.
The mayor noted that he has provided nearly 50 years of community service to San Benito, via his barber shop on Robertson Street and additional community involvement. He said, “Giving back to the community makes me feel very good, and I do it with all my heart because I love San Benito…without expect anything in return.”
Really? 50 years of cutting hair is not community service Mr. Mayor! The citizens of San Benito have yet to see you at a choir concert, volunteering at the food pantry, Rotary Club, reading to children at schools, helping with city clean ups.etc.. etc. Now that’s community service. You sitting at Pigskin Jubilee rooting for the Cardinal Band is not community service either. I call that a cheap slap on the face to our band students! And yes many of us band parents saw you there!!! Is that how much you love San Benito?
So please Mr. Mayor, please enlighten us on how you give back to the community, becuase thus far all you have given us is shame and embarassment to our city!!!!
DON’T RUN AGAIN SIR! WE WILL NOT VOTE FOR YOU!!
Funny how just a days ago Joe “Raspagate” Hernandez loudly proclaimed that neither he or his lawyer were in agreement to any kind of plea deal. Well Mr. sabor de coco this is a plea deal. How dare you say you entered into this plea agreement in the best interests of San Benito. The city did not commit a crime, YOU did.