PD to probe judge for preferential treatment in attorney’s arrest

By MICHAEL RODRIGUEZ
Managing Editor
editor@sbnewspaper.com

Monica Solis

Monica Solis

A San Benito Municipal Court judge is the subject of a police investigation into allegations that he gave preferential treatment to an attorney arrested Sunday night.

According to an arrest report filed by officer Manuel Alvarez of the San Benito Police Department, Municipal Judge Benjamin Yudesis allegedly instructed Alvarez to refrain from filing a criminal mischief charge against 38-year-old Monica Solis, who was already under arrest for harassment, because it was a class C misdemeanor that would eventually be dismissed and “waste the city’s time.”

It all started at about 7:15 p.m. Sunday, when police responded to a domestic dispute at a residence located on the 400 block of White Wing Street in San Benito. There, 38-year-old Juan Alvarado reported to police that he was allegedly sent “several unwanted text messages to his cell phone” from his wife, Solis, whom he is legally separated.

Alvarez stated in his report that Solis, an attorney with the law firm Linebarger, Goggan, Blair and Sampson, repeatedly interrupted police when attempting to take a statement from Alvarado and, at one point, advanced toward her husband with a pot filled with kitchen knives.

“As Sgt. (Oscar) Leal and I were comparing the statements we got from both parties, we began to hear banging and shouting from the kitchen,” Alvarez stated in the police report narrative. “I entered and saw that the suspect had collected a large assortment of kitchen cutlery in a pot and was advancing toward the victim who was trying to unlock his bedroom door which he locked in an attempt to keep out the suspect. I intercepted her and held out my hands, she told me I could keep the cutlery and handed it to me.”

When informed by officers that she would be arrested for harassment, Alvarez said Solis allegedly “called out to her mother to call judges Ben and Sanez [sic].” It’s unclear if the officials Solis allegedly referenced were Yudesis and Cameron County District Attorney Luis Saenz.

“I asked her if she understood what was going to happen and she stated she was going to be arrested for harassment,” Alvarez continued in his narrative, adding that Solis had berated officers and identified herself as a lawyer. “She then asked me if I understood that she was going to get bonded out from jail and come right back to the home.”

Following Solis’ arrest, Alvarez reported that Yudesis arrived at the police station and requested the complaint. “He (Yudesis) instructed me to print out a complaint for harassment and he would P.R. bond her,” Alvarez stated. “I said the victim had just arrived and I just finished booking and had not even started the report, and he replied that was okay he would speak to her.”

In addition, Leal reportedly instructed Yudesis of Solis’ alleged intention to go back to the residence and of Alvarado’s request for a protective order.

“Sgt. Leal arrived and told him (Yudesis) of the suspect’s stated intention to go straight back to the home … despite the fact that there would be continued conflict,” Alvarez reported. “Sgt. Leal then advised him that the victim had asked for a protective order. Judge Yudesis told him that it did not fit the criteria for one. Sgt. Leal continued to speak to the judge as I hurried back to get the victim’s statement before the suspect was released. Sgt. Leal and Judge Yudesis arraigned her. The victim became very upset at the differential [sic] treatment of the suspect and asked me if this was normal.”

What’s more, Alvarez stated that the judge was allegedly dismissive of another possible charge against Solis.

“I made contact with judge (Yudesis) and told him I had elements for criminal mischief and he told me to never mind that,” Alvarez stated. “It was a class C and Sterling (attorney for city) would dismiss it later and waste the city’s time.”

Yudesis then released Solis on a $2,500 personal recognizance bond without arraigning four other inmates who were incarcerated that evening, according to Assistant City Manager Arturo Rodriguez.

Alvarado’s family members have complained about Yudesis’ handling of the situation, alleging that the judge not only gave Solis preferential treatment but reasoned that she was an attorney and therefore should not spend the night in jail.

“All this will be investigated now, and all this is an internal affairs investigation that will be conducted,” Rodriguez said when asked about the allegations against Yudesis. “Any wrongdoing discovered will be presented for appropriate action. I’m not here to give anyone favoritism, all people here will be treated equally and properly consistent with the law.”

Attempts to reach Solis for comment were unsuccessful as of presstime Tuesday; Yudesis chose to defer comment to Rodriguez.

Permanent link to this article: https://www.sbnewspaper.com/2013/12/30/pd-to-probe-judge-for-preferential-treatment-in-attorneys-arrest/

14 comments

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  1. Hey, how can I track my mom down that lady monica solis

    • Huevos Rancheros on January 10, 2014 at 12:23 pm
    • Reply

    I had posted the following originally:
    “But the publicity and press this story is getting is definitely a politics thing.” Which was then followed up by several others by others and by myself.

    Re: Editor

    I agree with you. My point, and forgive me for not doing a well enough job at it, is that the simple fact that this story made the press is odd. Somebody complained possibly? Somebody went to the press with it possibly? I use to get harassing texts from my ex-girlfriend. Heck, I use to send harassing texts to my ex-girlfriend. It’s not front page news, or page 10 news either. The judge stuff, yes is a story. Like I said previously, I agree with you. The original story, in the famous words of Borat, “not so much.” The Valley Morning Star originally reported the story of Solis being arrested prior to the San Benito News reporting about the judge stuff. My point was made in reference to the arrest and not in reference to “PD to probe judge for preferential treatment in attorney’s arrest “. My point was not made clear, clear enough, got lost in translation, I got side tracked texting, off task stuff ya know. I wasn’t focused. Huh? What was I writing about again? 2 x 2 = 5 (only when you carry the 1). Wait. What?

    1. Actually, the San Benito News reported the IA probe into Judge Yudesis on Monday, Dec. 30. The Star didn’t publish anything on Solis or the judge until I believe their Jan. 5 edition. It was valleycentral.com that ran a story on the Solis arrest prior to our article about the subsequent investigation.

      I do understand your position on the matter, but maybe you’re focusing on a part of the story (Solis’ arrest) that, by your own admission, is not as controversial as the allegations of a judge granting preferential treatment to a suspect he happens to be well-acquainted with. We recognized that situation as being the bigger story and reported as much on our front page. The Solis arrest was not necessarily the crux of the article nor the motivating factor in our coverage; it was merely the basis of the SBPD’s reasons for investigating the judge’s actions, which makes it relevant for publication.

      Time will tell if the investigation and arrest were political in nature, but as of right now the only individuals who have cried foul and dismissed the story/investigation/arrest as “politics as usual” have either been family or friends of the suspect involved, at least to my knowledge.

      In the meantime, we’ll await official word on the outcome of the probe. Be on the lookout for updates.

        • Huevos Rancheros on January 10, 2014 at 1:08 pm
        • Reply

        Re: Editor

        Correct. Valley Central – there ya go. My mixup. Good catch.

        Interesting how a story becomes a story which shouldn’t have been a story.

      • Denny Crane, Jr. on January 10, 2014 at 2:50 pm
      • Reply

      Texas Penal Code – Section 42.07. Harassment

      “An offense under this section is a Class B misdemeanor,
      except that the offense is a Class A misdemeanor if the actor has
      previously been convicted under this section.”

    • Huevos Rancheros on January 8, 2014 at 2:47 pm
    • Reply

    Re: Denny Crane, Jr.

    “However, your statement … [ But the publicity and press this story is getting is definitely a politics thing ]……implies that the press or San Benito News is interjecting politics in their reporting.”

    The statement I made was not made to imply that the press, which includes the San Benito News, is interjecting politics in their reporting.

    “The mission of the San Benito News is or should be to report a story, no matter how minute or spectacular or what parties are involved.”

    The press, including the San Benito News, CH4, ESPN, AP, etc. have a job. They are reporters (to state the least). They do their job as is expected. Some better than others. It’s a business simply put. However, your statement “no matter how minute…” I must question. For the sake of not really wanting to get into this, I’ll just say, in my opinion, the same reason this story got reported is the same reason the papercut I got this morning didn’t get reported. There is always a leak, or there isn’t. There is always a source, or there isn’t. A story comes from somewhere, or it doesn’t. In my opinion, this story isn’t a story. It’s politics. It’s a smear campaign. Which I guess does make it a story. Hmmmm…

    1. An internal affairs investigation into a municipal court judge concerning well-documented allegations of preferential treatment is, according to your logic, not a story? My friend, we’re going to have to agree to disagree on this one. Leave the reporting to us.

    • Huevos Rancheros on January 8, 2014 at 8:03 am
    • Reply

    Re: CC Watcher

    I couldn’t agree with you more.

    As far as the details go, who knows?

    From what I do know, I can say little petty things like this happen daily, every where, not just across the Valley, and definitely not just in San Benito, and go unheard of and unpublicized. It doesn’t justify it. I don’t condone it. But the publicity and press this story is getting is definitely a politics thing. A smear campaign. I personally know both involved. Its sad that things have to come down to this. I pray and wish the best for both parties. Hopefully things get resolved in this matter, whatever is best for them and the kids involved.

      • Denny Crane, Jr. on January 8, 2014 at 12:21 pm
      • Reply

      I agree that politics is probably involved.

      However, your statement … [ But the publicity and press this story is getting is definitely a politics thing ]……implies that the press or San Benito News is interjecting politics in their reporting.

      The mission of the San Benito News is or should be to report a story, no matter how minute or spectacular or what parties are involved.

      If politics is involved, it will be only a matter of time before Municipal Judge Benjamin Yudesis is not reappointed as Municipal Judge by the city commission of San Benito.

    • CC Watcher on January 7, 2014 at 6:07 pm
    • Reply

    Why should it bother Manuel Alvarez about what a Judge decides to do at arraignment? If he is suggesting or saying that he shouldn’t file a charge is because it doesn’t meet the probable cause or it is irrelevant to the case. I am sure that there was more to do this but Manuel Alvarez is making a stink for some reason? A lot of citizens in San Benito know about Alvarez and his questionable arrests. The only problem is that no one follows up on complaints with the police department BECAUSE everyone thinks that they WILL protect the officer. I read the Penal Code law on Harassment and I wonder if there was enough for the arrest? I found out that a protective order was applied to Mrs. Solis. The way I read it, there is no probable cause or anything to condone the protective order. I fear that politics are involved in this incident for the complainant, Mrs. Solis’ husband is related to Steve Gonzalez, whose wife is complainant’s sister. Supposedly, she is really involved with politics in San Benito and with the school district. I am wiling to bet that this matter will be put to bed for there was no reason for an arrest at the time. Mrs. Solis has every right to be at her house and unless there was a final divorce decree or temporary order keeping her from the house. I think San Benito PD and especially Manuel Alvarez abused his discretion.

      • Dgmz on January 9, 2014 at 4:10 pm
      • Reply

      Wrong,

      Monica Solis and Steve Gonzalez are first cousins…

      John Alvarado (Monica’s husband) and Jessica Gonzalez (Steve’s wife) are brother and sister….

        • Huevos Rancheros on January 10, 2014 at 7:38 am
        • Reply

        TMZ

        • Cristina on March 14, 2024 at 12:29 pm
        • Reply

        Wrong Monica was sister in law
        Steve is the brother in law

        Jessica Alvarado n John Alvarado are brother n sister .

        Technically you don’t know anything about my family .

        Jessica n John are my cousins

        Steve is my cousin in law
        Monica used to be my cousin in law

    • Reform San Benito2 on December 31, 2013 at 3:23 pm
    • Reply

    WOW!!! What about all the other’s whom you could have done the same thing to as oppose to taking into account their socioeconomic status for arraignment?

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