Records: Arrested deputy constable managed to sidestep new state law

ALAMO — Area hospital workers would not draw blood from an Hidalgo County senior deputy constable arrested on felony drunken driving charges — despite a state law that requires such a test, court documents state.

Alamo police arrested Javier Hinojosa on Saturday after he allegedly veered into oncoming traffic on the 300 block of Business 83, sending two elderly Winter Texans and his 11-year-old son to the hospital.

Officers arrested Hinojosa, an Hidalgo County Precinct 2 deputy constable, on charges of intoxication assault and driving while intoxicated with a child after he refused to perform a series of standard field sobriety tests. He also told officers he was not hurt and refused to submit a breath or blood sample at the crash scene about 6:50 p.m. Saturday, according to the criminal complaint filed in the case.

An Alamo police officer took Hinojosa to McAllen Medical Center and Rio Grande Regional Medical Center to obtain a blood specimen that would reveal the concentration of alcohol in his blood. Alamo Police Chief Arturo Espinoza said Hinojosa was taken to Edinburg Regional Medical Center, as well.

But at all three hospitals, Hinojosa refused to submit to a blood test — and hospital workers abided by his wish, refusing to draw blood from an apparently stubborn patient, according to the criminal complaint.

A state law that took effect in September requires all suspects involved in felony DWI cases to submit to a blood test — regardless of whether police obtained a search warrant or the suspect agrees to the test.

Tom Gaylor, deputy executive director for public affairs at the Texas Municipal Police Association, which supported the new law, said Hinojosa had no choice but to submit to the test, even if hospital workers or police had to force a needle into his body.

“Theoretically, they could have held his arm down and they could draw the blood,” Gaylor said.

Espinoza said Monday that officers eventually gave up on attempting to obtain a blood sample from Hinojosa and returned him to the city jail, where he awaited his arraignment Sunday. The chief said officers did not try to get a search warrant — even though the new law does not require it — because it was the weekend and any alcohol or drugs he may have consumed likely would have left his system through the duration of the three hospital visits.

Hospital officials did not return requests for comment as of press time Tuesday.

Gaylor reckoned that hospital officials or police were unaware of the new law, which was enacted to avoid such a situation in which a suspect avoids providing a blood sample — evidence that is often key to successfully prosecuting a DWI case.

“I just kind of see that it might have been a lack of understanding,” he said. “Maybe they need to do some training.”

Precinct 2 Constable Gilbert “Chato” Alaniz requested that the public integrity unit of the Hidalgo County Sheriff’s Office investigate Hinojosa and determine what consequences he may face, including his possible dismissal from the force, Sheriff Lupe Treviño said.

Hinojosa’s son was released from the hospital after the crash. The two Winter Texans — Donald William Ammeraman, 78, and Darlene Koobs, 72 — suffered broken bones and remain under observation at McAllen Medical Center, police said.

Despite the lack of blood evidence in the case, Hidalgo County District Attorney Rene Guerra said he would expedite Hinojosa’s case and present it to a grand jury soon.

“It makes prosecution a little more difficult when you don’t have a blood test,” Guerra said. “But it can still lead to people’s convictions.

“Hopefully, we have a lot of evidence to go on.”

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Jared Taylor covers law enforcement and general assignments for The Monitor. You can reach him at (956) 683-4439.