Lawyer: Constable earned money he is accused of stealing

EDINBURG -- Hidalgo County Precinct 4 Constable Andres "Andy" Rios rightfully took the thousands of dollars he is accused of stealing from the county, his attorney suggested in court Wednesday.

The funds, which Rios received for expenses incurred while collecting civil judgments, were earned for private work not associated with his role as an elected county employee, attorney Al Alvarez said.

This "private work" defense strategy emerged during the fourth day of Rios' theft trial and posed a complicated question for jurors: Can a county official legally conduct business as a private individual when that work is essentially the same job he does in his official capacity?

Alvarez said yes. He compared the constable's actions to an assistant district attorney who moonlights by managing a private law firm that handles civil cases, something the county prosecutors are allowed to do.

But prosecutors endeavored to show that no clear public-private distinction had been made in Rios' case.

Paul Tarlow, an Hidalgo County assistant district attorney, argued the constable should have deposited the money in question with the county and allowed the treasurer to disburse any cut for expenses to his office.

Complicating matters, most of the six checks Tarlow called into question Wednesday had been addressed to "Constable Andy Rios," which Tarlow indicated meant they were made out to Rios in his official capacity.

Alvarez argued, however, that the title referred to how Rios was known in the community and had nothing to do with whether he was working on behalf of the county.

Typically, sheriff's deputies and constables collect court-ordered judgments and hand the money over to the county, Hidalgo County Treasurer Norma Garcia testified Wednesday. A check is then written to the attorney on that case.

Garcia explained that it appeared Rios had violated that procedure when he split the judgments he collected into separate cashier's checks and kept a small portion to cover his expenses.

But she could not say for sure that the checks had been collected on behalf of the county.

In one instance, Rios is accused of skimming $2,000 from a $15,285 civil judgment he collected for an Edinburg trucker.

But the man's attorney told jurors Wednesday that no one involved in the case thought there was anything wrong with that.

"As far as I know, everything was all right," attorney Richard Alamia said. "The check was submitted to Mr. Rios and handed over to my client.

"My client was very satisfied with the outcome."

Rios faces three counts of theft by a public servant stemming from allegations he stole money and items seized by his office between 2004 and 2005. If convicted, he could face up to 10 years in prison and $30,000 in fines.

His trial is expected to resume Thursday morning.

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Jeremy Roebuck covers courts and general assignments for The Monitor. You can reach him at (956) 683-4437.