Thursday, October 19, 2017


AND THE WINNER IS. BENJAMIN EURESTI

For now the Judge in the Carlos Elizondo case will be Benjamin Euresti, unless he recuses himself.

The charges are
1.  THEFT PROP<$20K PUB SERV/ELDERLY31.03(f)(1-3)Third Degree Felony08/17/2017
2.  MISAPP FIDUC/FINAN PROP >=$20K<$100K32.45(c)(5)Third Degree Felony08/17/2017
Events & Orders of the Court

The first charge was enhanced from a State Jail Felony to a Third Degree Felony because Elizondo was a public servant. "(f) An offense described for purposes of punishment by Subsections (e)(1)-(6) is increased to the next higher category of offense if it is shown on the trial of the offense that:

(1) the actor was a public servant at the time of the offense and the property appropriated came into the actor's custody, possession, or control by virtue of his status as a public servant.
The same goes to the second charge.  As a public servant the state jail felony was enhanced to a third degree felony.

The punishment options. 2-10 years.
Sec. 12.34. THIRD DEGREE FELONY PUNISHMENT. (a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years.
(b) In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.

5 comments:

Anonymous said...

How can president of a political action committee be a public servant?

BobbyWC said...

Well we shall see how the briefs play out. I am just reporting what we know. I have no interest in researching each side's arguments. When motions and briefs are filed, I will cover each sides position, and then maybe verify he case law they reference.

BObby WC

Anonymous said...

It is my humble opinion that any Cameron County judge should recuse and a visiting judge from another county be appointed but from what we here there is so much corruption in our RGV that it really won’t matter these judges run in a pool and they do favors for each other so they say

Anonymous said...

Im apolitical when it comes to Brownsville, reason being is because there aren't any good, qualified candidates out there. The good ones become the devils advocate like Cesar and the bad ones, well, end up like Carlos.

Im trying to get to a point but my blood starts boiling when I think of this whole situation.

What I really want to say is - I really pray to God that the authorities with jurisdiction act, and when they act, they do it in a bullet proof manner. when I say bullet proof, I don't really mean kevlar, I mean in a way that they have solid evidence, due diligence, an prosecution and of course, aren't coconspirators to a cover-up. That they take down ALL of the people involved in the massive corruption at City Hall.

Ive identified my boiling point - Its really pisses me off that The Mayor, City Commission and Charlie Cabler really think that Charlie Cabler took leave of absence to take care of his mom. If she's sick, Ill keep her in my prayers, but I really hope he hires a nurse while he does time in the tank for all the corruption, racketeering, skimming off the top he's done while City Manager. He's done a piss poor job as CM. His hiring of corrupt individuals like Luna at Purchasing, his inaction on the Elizondo case is just unjustifiable, inexplicable and plain negligence and disregard for the well being of ANY City. He is a Mafia Boss within City Hall is what it boils down to.

He should not get a Golden Parachute until AFTER he is tried and if convicted, all he will get is a golden middle finger.

I hope Saenz or whoever is in charge grows a pair and does his job and takes down the Cabler Crime Family.

BobbyWC said...

I approved this comment because it reflects the mood of the community. Canker has been anything but seller as a cm. I have no knowledge of specific criminal conduct. But my lack of knowledge does not take away from how people feel.