Assistant band director arraigned on drug possession charge
MISSION — An assistant band director at Mission High School says his drug possession charge should be dropped because police illegally searched his home leading up to his arrest.
Judge Jonathan Wehrmeister arraigned Christopher John Motes, 42, Wednesday afternoon in Mission Municipal Court. Motes faces one charge of possessing a controlled substance after officers found 1.8 grams of cocaine in his home Tuesday.
Edinburg attorney Richard A. Alamia represented Motes in court, saying his client would be cleared of the charge.
“We consider this an illegal search and there’s no probable cause,” Alamia said after the arraignment. “We will show the court this gentleman is innocent and we will have the case thrown out.”
Mission police say they found drugs in Motes’ home, near the intersection of 3 1/2 Mile Line and Schuerbach Road, while they were searching for another man.
They executed a search warrant for Arturo Vargas at the property, according to Mission police spokesman Lt. Martin Garza. Both homes on the property fell under the search warrant’s authority, Garza said. Vargas owns the two homes, one of which Motes rents.
Police say they found a Mission schools identification card and the cocaine in plain sight, leading them to contact Motes at Mission High School. Garza said Motes confessed to possessing the cocaine.
During Motes’ arraignment, Alamia requested his client be released on a personal recognizance bond. The judge, however, denied the request because Motes is on probation in connection with a misdemeanor forgery charge more than four years ago in McAllen.
Motes remained in Hidalgo County jail late Wednesday afternoon in lieu of a $20,000 bond. Investigators are still trying to secure a search warrant to examine the hard drive of his home computer after adult pornography was found in his residence.
While the pornography in his possession was not illegal, police want to make sure no child porn or other illegal porn is in his possession, since Motes works with children, Garza said.
The Mission school district has placed Motes on paid leave, pending the outcome of his case, said district spokesman Craig Verley. The music teacher has worked with the Mission High School band for 17 years; Verley said campus administrators have never had a problem with the educator.
Vargas, the man Mission police were searching for at the property, was arrested Wednesday afternoon following a car chase.
He is accused of participating in a violent kidnapping and home invasion last week and faces charges of aggravated robbery, aggravated kidnapping and possession of marijuana.
Investigators believe Vargas and seven others kidnapped and beat three men at a home on the 1100 block of Fincher Street before stealing about 170 pounds of marijuana.
Officers chased the kidnappers after the Oct. 17 incident, but they managed to escape. Vargas’ sister Gloria Vargas has been charged with evading arrest after police cruiser video allegedly showed her driving the kidnappers’ Chevrolet Tahoe.
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Zack Quaintance covers law enforcement and general assignments for The Monitor. You can reach him at (956) 683-4447.
