EDINBURG — The former off-duty Border Patrol agent who fatally struck a man with his vehicle and fled the scene two years ago appeared before a judge on Tuesday morning.
Francisco Javier Vallejo, 48, and his attorney, Ricardo Rodriguez Jr., the former district attorney, went before state District Roberto ‘Bobby’ Flores to face an indictment charging him with accident involving death.
He entered a not guilty plea.
On April 24, 2021, Humberto Torres Iracheta, 71, was riding his bicycle in the city of Hidalgo when he was hit by a pick-up truck Vallejo was driving. According to the probable cause affidavit, Vallejo fled the scene, leaving behind Torres’ mutilated body and mangled bicycle.
Law enforcement officers were led to Vallejo after they obtained surveillance video confirming his involvement. By then, Vallejo had gone to his ex-wife’s home, spent time with her and their children, and contacted his employer, U.S. Customs and Border Protection, to notify them of his situation.
A CBP supervisor confirmed to the investigator they had received a call from Vallejo admitting he had hit a cyclist in the city of Hidalgo and believed the cyclist had died, according to the affidavit. It’s unclear, however, how long it took Vallejo to report the crash.
An indictment formally charged Vallejo on Dec. 6, 2022, when Rodriguez, the former district attorney and Vallejo’s counsel, was still in office.
Rodriguez raised the issue of whether there would be a potential conflict of interest before the judge.
“The law is clear that I have to have a substantial involvement in the case, and there’s also case law as to what is substantial involvement,” Rodriguez told The Monitor after the hearing. “My name just on a document is not sufficient to be able to cause a conflict.”
The state did not object to his representation for the defendant and the judge moved ahead with the arraignment.
A pretrial is scheduled for late March.
