Criminal cases in question after constable's sale of seized drugs

Cameron County authorities are determining how to handle cases involving drug seizures by a county constable's office after the official pleaded guilty to selling the drugs.

Authorities need to determine how many cases were connected to the 190 pounds of marijuana reportedly logged into the evidence locker at Precinct 1 Constable Saul Ochoa's office, as well as how much of the drugs was sold.

Only 15 pounds of marijuana was accounted for when federal authorities inventoried the constable's evidence room on the day of Ochoa's arrest.

County Judge Carlos H. Cascos said the issue is a legal one and that state prosecutors and defense attorneys will have to determine how to handle the case.

"If somebody was busted for 20 pounds of marijuana and there is no 20 pounds there, they can say it was never there (and) that it was cilantro," Cascos said. "You have to have evidence in order to prosecute. And if there is no evidence, then some of these cases may get thrown out of court."

Jason Moody, a spokesman for the Cameron County district attorney's office, said authorities will have to research how any cases may have already been affected or may yet be affected before determining what happens with them.

"There could be a potential (for some risk)," Moody said. "It's still too early."

Ochoa on Thursday pleaded guilty in federal court to part of a federal indictment that charged him with distributing 10 pounds of marijuana.

Court proceedings revealed Ochoa sold marijuana to an informant and that the drugs were evidence his office had collected during drug seizures, according to a case summary provided by Assistant U.S. Attorney Jody Young.

Agents with the FBI and U.S. Drug Enforcement Administration arrested Ochoa on May 28 in Port Isabel after a federal grand jury returned a four-count indictment charging him with possession with intent to distribute marijuana.

He pleaded guilty to count two of the indictment Thursday. The other three counts were dismissed.

"Ochoa admitted to making the four sales to the informant, further noting he had a $40-a-day-cocaine habit (and) had been selling marijuana seized as evidence," according to the case summary.

County Judge Cascos, meanwhile, is concerned about how frequently county law enforcement agencies hold on to narcotics after a case has been prosecuted or dismissed before the agencies dispose of the drugs.

"This gives rise to a whole lot of questions," he said. "If these cases have already been disposed of, then we need to look at all offices and what are they doing to get rid of this stuff."