Former Willacy County District Attorney Juan Angel Guerra is facing criminal charges for allegedly breaking into a McAllen home Monday, according to authorities.
McAllen police arrested Guerra just after 6 p.m. that day after a woman called to report a suspicious person entering the home of one of her neighbors on South F Street in southern McAllen.
Guerra is charged with one count of criminal trespass of a habitation, a Class A misdemeanor.
Guerra allegedly obtained access to the residence after changing the locks on the doors, according to a probable cause affidavit obtained by The Monitor.
“(The homeowner) stated Guerra had the locks changed to her home and that’s how he got inside her home,” the affidavit states.
Police spoke to Guerra when they arrived at the home. He told them he assumed he had permission to be in the home.
But not long after, Guerra changed his story.
“Guerra stated (the homeowner’s husband) never gave him permission, he just assumed he did. Guerra stated he had the locks changed to the … home,” the affidavit states.
The affidavit provides little clue as to how Guerra knows the homeowners, or why he assumed he had their permission to enter and change the locks while they were away from the residence.
Police took him into custody once the homeowners clarified that they had not given him access to their property.
However, police did not arrest another man who had accompanied Guerra to the location because he was not involved in trespassing on the property, according to the affidavit.
On March 1, the State Bar of Texas’ Commission for Lawyer Discipline sanctioned Guerra for professional misconduct after receiving a complaint from a federal judge.
After transporting Guerra to the McAllen city jail, officers discovered Guerra was allegedly carrying a blue Xanax pill and a white pill they later identified as the antidepressant, Escitalopram, which is more commonly known as Lexapro.
Authorities learned Guerra does not have a prescription for either medication, which prompted further charges of possession of a controlled substance and possession of a dangerous drug, both Class A misdemeanors.
Guerra was later transported to the Hidalgo County Adult Detention Center. He was released Tuesday after posting a total of $3,000 in personal recognizance bonds.
However, this week’s arrests aren’t the first time the former rural district attorney has found himself in hot water.
On March 1, the State Bar of Texas’ Commission for Lawyer Discipline sanctioned Guerra for professional misconduct after receiving a complaint from a federal judge.
The judgment does not go into detail about the complaint filed by U.S. District Judge Micaela Alvarez; however, it does specify that Guerra violated the rules of professional conduct.
That violation involves an attorney not formally acknowledging that their client may be refusing to comply with a court order.
“Paragraph (d) prohibits the practice of a lawyer not disclosing a client’s actual or intended noncompliance with a standing rule or particular ruling. … It provides instead that a lawyer must openly acknowledge the client’s noncompliance,” the Texas Disciplinary Rules of Professional Conduct state.
Guerra received an 18-month probated suspension of his law license that is set to end in September 2024.
However, one of the conditions of his probation is that Guerra must not commit any crimes while his law license remains under suspension lest he incur additional sanctions.
“(A)ny conduct on the part of (Guerra) which serves as the basis for a motion to revoke probation may also be brought as independent grounds for discipline…” the judgment states.
