McALLEN — A probable cause affidavit is shedding new light on the arrest of Edinburg-based attorney Noe Perez for allegedly assaulting a family member.
Perez, who in an unrelated case is tied to the federal bribery investigation of former state District Judge Rodolfo “Rudy” Delgado, is accused of being in an altercation with his wife on June 13, according to the affidavit.
Just before 11 p.m., a McAllen police officer arrived at Perez’s residence, located in the 2600 block of Brazos Avenue, and found a woman being restrained by another man who told police she was intoxicated, according to the report.
“Ruben advised his mother Sylvia wanted to take off in her vehicle and he was holding on to her since she was intoxicated,” the documents read. “Ruben advised Sylvia had been in an altercation with his stepfather, Noe Perez.”
The officer spoke with Perez’s wife, Sylvia Gonzalez, who showed visible injuries, including a small cut underneath her right eye and swelling on most of her face.
“Sylvia had redness to most of her face area and bruises to her arms and legs,” the officer wrote in the report. “Sylvia also had scratches to her neck area, arms and knees.”
She told the officer Perez had allegedly punched her multiple times in her face and kicked her in the stomach while she was on the ground.
The officer proceeded to speak to Perez, 58, who was by the front door holding a child, and appeared to have a couple scratches on his face. Perez told the officer his wife had allegedly assaulted him after the family were drinking together.
He had been having personal issues with his wife, Perez told police, after discovering she had allegedly planned to meet with another man.
“(Perez) advised he confronted her and they both started to argue,” the complaint read. “(Perez) advised Sylvia decided to leave with their 1- year-old son…”
Perez said Sylvia Gonzalez allegedly scratched his face when he attempted to take their child into the residence after she had taken him on a drive around the block, according to the complaint. This is when Sylvia Gonzalez’s son, identified as “Ruben” in the report, grabbed her to prevent her from leaving in the vehicle again.
Claiming he did not assault his wife, Perez, who declined to press charges on Sylvia Gonzalez, allegedly did not cooperate with police and laughed when asked to display his right hand, which appeared to be red around the knuckles, according to the report.
The officer determined the couple, who were both intoxicated, assaulted each other and charged both of them with assault causing bodily injury, the record stated.
“Sylvia advised she was willing to press charges against Noe for assaulting her but was intoxicated and could not provide an affidavit,” the report read.
Sylvia Gonzalez was issued a $5,000 personal recognizance bond and transported to a freestanding emergency room to treat her injuries.
Perez was also arrested and released on the same bond, jail records show.
Child Protective Services were notified and a relative took custody of the couple’s young son, the report stated.
If convicted of the class A misdemeanor, Perez and Gonzalez could receive up to a year in county jail and a possible fine of up to $4,000.
Perez, who is also currently free on a $25,000 bond in an unrelated federal bribery case, is the attorney implicated as part of Delgado’s alleged bribery scheme, according to court records. Perez is specifically accused of giving cash bribes to Delgado between January 2008 and May 2016.
During this time, Perez is accused of giving Delgado a $15,000 truck and paid him cash bribes “between $250 and $350” on at least 20 occasions “in exchange for favorable judicial consideration” on cases Perez had in his courtroom, according to the original indictment.
In May 2018, Perez pleaded guilty as part of a plea agreement to one count of conspiracy to commit bribery concerning programs receiving federal funds, according to court records, and faces a prison sentence of up to five years and a fine of up to $250,000.
He is scheduled for sentencing in August in Houston’s federal court and may be eligible for a reduced sentence given his cooperation as a government informant from June 2016 until Delgado’s arrest in February 2018.
Delgado’s trial, which will be held in McAllen, is scheduled to begin in July.