Mercedes municipal judge faces felony DWI charges
HARLINGEN — State troopers arrested a Mercedes municipal judge on felony driving while intoxicated charges early Saturday morning.
A Texas Department of Public Safety trooper stopped Mercedes Municipal Judge Rogelio Garcia about 2 a.m. Saturday near the intersection of Dixieland Road and Lincoln Street near Valle Vista Mall, said Trooper Johnny Hernandez, a local agency spokesman.
Troopers allege Garcia, 48, was exceeding the speed limit in a Ford Fusion. He failed a standard field sobriety test and refused to provide a breath sample during the traffic stop and appeared “highly intoxicated,” Hernandez said.
Garcia was arrested for driving while intoxicated for the third time, jail officials said.
A state law enacted in September 2009 forces law enforcement officers to collect a suspect’s blood sample in felony cases, even if the person refuses to provide a breath test during the traffic stop.
The municipal judge “cooperated and gave blood,” Hernandez said. Troopers are awaiting those test results.
Garcia was booked and released at the Carrizales-Rucker Detention Center in Olmito about 5:40 a.m. Saturday, records show. He posted a $5,000 bond, jail officials said.
Garcia was convicted of his second DWI charge in Hidalgo County Court-at-Law No. 4 in March 1996. He was sentenced to one year of probation and a $350 fine. In that case, he was arrested by DPS troopers in September 1995.
Garcia’s first DWI arrest came in February 1984 at the hands of Hidalgo County Sheriff’s deputies. He was convicted of those charges and was sentenced to two years of probation.
Garcia had served as Mercedes’ alternate municipal judge until he was appointed to the full-time position in January 2009 — after Jesse Contreras took control of the 449th state District Court.
Contreras was arrested on DWI charges in September 2008, during his term as Mercedes municipal judge. Cameron County District Attorney Armando Villalobos still has not decided whether to prosecute that case.
Mercedes City Manager Richard Garcia — whose wife is the judge’s cousin — said he briefly spoke with Judge Garcia on Monday, who submitted a request for a leave of absence. Whether he will continue to receive his $3,000 monthly salary remains to be seen, the city manager said.
“At this point I really don’t know which way it’s going to go,” the city manager said. “He’s on contract, so it will be up to the mayor and the commission at some point to discuss that.”
Alternate Municipal Judge Juan Ramon Alvarez will assume full-time duties during Garcia’s absence, the city manager said.
Judge Garcia could not be reached Monday at his Mercedes office.
A third driving while intoxicated conviction — a third-degree felony — carries a maximum sentence of 10 years in prison and up to a $10,000 fine.
“Can’t help you. Sorry,” said a man who answered the phone at Garcia’s house, saying he was his brother.
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Jared Taylor covers law enforcement and general assignments for The Monitor. You can reach him at (956) 683-4439.
