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Hidalgo County residents sue bus companies after kidnapping in Mexico

Two Hidalgo County residents are suing Autobuses Ejecutivos and its related companies after they were kidnapped at gunpoint when traveling through Mexico in late May.

The lawsuit alleges that the two residents have “experienced physical pain, severe emotional distress” and “mental anguish” once they were kidnapped and held for ransom on May 29.

Additionally, the defendants, which also include Omex VIP, Omnibus, Omnibus Express, Bus Investors and Dos Naciones, are accused of failing to report the kidnapping to authorities and failing to protect its customers.

The plaintiffs are now seeking over $1 million in damages. The lawsuit was filed Tuesday.

According to the lawsuit, “the defendants were aware that their passengers were being regularly kidnapped” at gunpoint, were being beaten and held for ransom, but didn’t warn their customers.

“They knew the danger existed, while being transported in their buses, and had a duty to warn and did not,” the lawsuit states.

The document goes on to say that the defendants failed to make traveling in their buses safe despite having the legal “duty to care” which they are accused of breaching.

The lawsuit alleges they neglected this duty by not equipping their buses with cameras or video surveillance, by not having GPS tracking and by not having radio communication.

The lawsuit also alleges that the defendants are “grossly indifferent to customers’ … private information” so much so that “kidnappings [occur] on a regular basis.”

“Defendants’ policy of negligent security led to frequently being targeted by criminals due to the fact that defendants do not resist, defendants freely open the bus door, defendants do not try to stop the assailants, defendants do nothing to assist the bus passengers and defendants do not report to police that its passengers have been kidnapped at gunpoint and held for ransom,” the lawsuit said.

According to the United States Department of State’s website, “violent crime – such as homicide, kidnapping, carjacking, and robbery – is widespread and common in Mexico.”

Tamaulipas, the Mexican State closest to McAllen which is where the bus tickets were purchased, is classified as a “Do Not Travel” area due to crime and kidnapping.

The travel advisories were made in August of last year.

In June of this year, the U.S. Consulate in Matamoros warned of kidnappings targeting Americans on intercity buses in Reynosa.

Brownsville ISD tax rate decreases slightly

A view of a Brownsville ISD school bus Wednesday, May 25, 2022, after school dismissal. (Miguel Roberts/The Brownsville Herald)

The Brownsville Independent School District Board of Trustees approved a tax rate of $1.028664 per $100 valuation for 2024-2025, a slight decrease from the 2023-2024 rate of $1.030964.

The approval came after a public hearing at a BISD board meeting Tuesday night and marked the final step to fully enact the district’s $490 million budget for the current school year. The budget for last year was $465 million.

The tax rate includes a maintenance and operations levy of $0.786900 and a debt service levy of $0.241764. The debt service amount includes a levy of $0.110864 to retire $26.945 million in remaining bonded debt from series 2020B.

Chief Financial Officer Alejandro Cespedes gave an illustrated explanation of how the tax rate works and what retiring bonded debt early means in terms of lowering interest costs.

In response to a question from Trustee Carlos Elizondo, Cespedes said retiring bonded debt early builds capacity for the district to take on new obligations. Elizondo mentioned the possibility of proposing a $450 million capital improvements bond.

Superintendent Jesus H. Chavez then said the district’s financial advisor had “come over and said we’re going to have over a $400 million capacity. We also have described to the board a process that involves an internal assessment of our facilities, a process that involves anybody from our community that wants to be involved with us can sign up and actually validate our facility needs, add to or delete (from them.) I don’t know whether the bond committee is going to recommend a bond election or not.

”I would presume that they would, after looking at what facility needs we have. … It is up to the board to propose a bond election and vote in the affirmative to have one or not. You also have the ability to talk about the number of propositions and the amount of the propositions. That authority rests with the board.”

Trustee Eddie Garcia said BISD has longstanding maintenance needs in its schools, for HVAC and roofing repairs and the like.

“Not only that, it has been decades since one school has been built, something that definitely this school district needs in order to bring back some of those students that have left us. You show a child a new toy next to an old toy and they’re going to go for the new toy every time, and that is something that we have not had in decades,” Garcia said.

Cespedes noted: “It is recommended that districts do have debt on the I&S side because it shows that you’re trying to maintain your facilities and it helps with student achievement and employee retention.”

Mission CISD swears in new trustee

Jesus Daniel Martinez was officially sworn in to the Mission CISD Place 7 board seat this week. (Courtesy: Mission CISD/Facebook)

There’s a new face on the district’s board of trustees. 

Jesus Daniel Martinez was officially sworn in to the Place 7 seat, Mission CISD announced Wednesday on its Facebook

Jesus Daniel Martinez was officially sworn in to the Mission CISD Place 7 board seat this week. (Courtesy: Mission CISD/Facebook)

Martinez was previously appointed to the seat Aug. 22 following Minnie R. Rodgers’ resignation, which the district accepted on Aug. 2. 

Currently serving as a watch commander with the U.S. Customs and Border Protection, the district also touts Martinez’s experience as an active parent in the Mission CISD community as well as his involvement in school activities and events.

The Place 7 seat will be up for reelection in 2026.

Bicyclist struck in Edinburg, 3 charged

Three people are in custody following a hit-and-run crash involving a cyclist in Edinburg on Tuesday night.

In a news release, police said officers responded to 21st Avenue and University Drive shortly after 9 p.m. after a man riding a bike was hit by a gray Chevrolet Silverado that fled the scene.

“Shortly after the incident, an adult male suspect contacted Edinburg PD officers, admitting his involvement in the accident,” the release stated.

Police identified the suspect as Robert Brown, 19. They also said that Brown, along with several involved parties, cooperated. He is charged with accident involving serious bodily injury.

Police also arrested Juan Taylor, 19, and Jaeden Servantez, 18, on charges of failure to report a felony.

They are expected to appear in Edinburg Municipal Court for an initial hearing Wednesday afternoon.

Sheriff’s office investigating fatal shooting in rural Edinburg

(Metro Photo)
Jorge Luis Lopez

The Hidalgo County Sheriff’s Office is investigating a fatal shooting that left a 67-year-old man dead.

In a news release sent late Tuesday night, the agency said deputies responded to a report of shots fired at approximately 8:32 p.m. in the 8200 block of East Curry Road in rural Edinburg.

“Upon arrival, deputies discovered a 67-year-old Hispanic male lying face down in the driveway with multiple gunshot wounds,” the release stated.

The release didn’t have any other information, but noted that the investigation is in its preliminary stage, meaning it’s fluid and facts can change as information is developed.

The victim was later identified as 67-year-old Jorge Luis Lopez of Edinburg.

The sheriff’s office is asking anyone with information to call (956) 383-8114. Those wishing to remain anonymous can call Hidalgo County Crime Stoppers at (956) 668-8477. Anonymous tipsters can also provide information through the smartphone application P3 TIPS.


Editor’s note: This story was updated with new information about the victim’s identity.

A 14-year-old student fatally shot 4 people in a rampage at a Georgia high school, officials say

Mourners listen to a speaker during a candlelight vigil for the slain students and teachers at Apalachee High School, Wednesday, Sept. 4, 2024, in Winder, Ga. (Mike Stewart/AP Photo)

By JEFF AMY

WINDER, Ga. (AP) — A 14-year-old student opened fire at a Georgia high school and killed four people on Wednesday, authorities said, sending students scrambling for shelter in their classrooms — and eventually to the football stadium — as officers swarmed the campus and parents raced to find out if their children were safe.

The dead were identified as two students and two teachers at Apalachee High School in Winder, about an hour’s drive from Atlanta. At least nine other people — eight students and one teacher — were taken to hospitals with injuries.

The words “hard lockdown” appeared on a screen in junior Layla Ferrell’s health class and lights began flashing. She and her frightened classmates piled desks and chairs in front of the door to create a barricade, she recalled.

Law enforcement arrive as students are evacuated to the football stadium after the school campus was placed on lockdown at Apalachee High School in Winder, Ga., on Wednesday, Sept. 4, 2024. (Jeff Amy/AP Photo)

Sophomore Kaylee Abner was in geometry class when she heard the gunshots. She and her classmates ducked behind their teacher’s desk, and then the teacher began flipping the desk in an attempt to barricade the classroom door, Abner said. A classmate beside her was praying, and she held his hand while they all waited for police.

After students poured into the football stadium, Abner saw teachers who had taken off their shirts to help treat gunshot wounds.

Two school resource officers encountered the shooter within minutes after a report of shots fired went out, Georgia Bureau of Investigation Director Chris Hosey said. The suspect, a student at the school, immediately surrendered and was taken into custody. He is being charged as an adult with murder.

The teen had been interviewed after the FBI received anonymous tips in May 2023 about online threats to commit an unspecified school shooting, the agency said in a statement.

The FBI narrowed the threats down and referred to the case to the sheriff’s department in Jackson County, which is adjacent to Barrow County.

The sheriff’s office interviewed the then-13-year-old and his father, who said there were hunting guns in the house but the teen did not have unsupervised access to them. The teen also denied making any online threats.

People leave Apalachee High School, Wednesday, Sept. 4, 2024, in Winder, Ga. (Mike Stewart/AP Photo)

The sheriff’s office alerted local schools for continued monitoring of the teen, but there was no probable cause for arrest to additional action, the FBI said.

Authorities were still looking into how the suspect obtained the gun used in the shooting and got it into the school in Barrow County, a rapidly suburbanizing area on the edge of metro Atlanta’s ever-expanding sprawl. At an afternoon news conference, officials would not say what type of gun was used.

Barrow County Sheriff Jud Smith choked up as he began to speak during the briefing. He said he was born and raised in the community and his kids are in the school system.

“My heart hurts for these kids. My heart hurts for our community,” he said. “But I want to make it very clear that hate will not prevail in this county. I want that to be very clear and known. Love will prevail over what happened today.”

It was the the latest among dozens of school shootings across the U.S. in recent years, including especially deadly ones in Newtown, Connecticut, Parkland, Florida, and Uvalde, Texas. The classroom killings have set off fervent debates about gun control and frayed the nerves of parents whose children are growing up accustomed to active shooter drills in classrooms. But they have done little to move the needle on national gun laws.

Students are evacuated to the football stadium after the school campus was placed on lockdown at Apalachee High School in Winder, Ga., on Wednesday, Sept. 4, 2024. (WSB via AP/Screenshot)

Before Wednesday, there had been 29 mass killings in the U.S. so far this year, according to a database maintained by The Associated Press and USA Today in partnership with Northeastern University. At least 127 people have died in those killings, which are defined as incidents in which four or more people die within a 24-hour period, not including the killer — the same definition used by the FBI.

Last year ended with 217 deaths from 42 mass killings, making 2023 one of the deadliest years on record for such shootings in the country.

On Wednesday in Winder, Landon Culver, an 11th grader, said he had stepped out of his algebra class to get a drink of water when he heard shots and then saw someone wearing a black hoodie with a long gun.

“I didn’t really stick around too long to look,” he said.

Instead he ran back inside the classroom and locked the door. The class huddled in the back in the dark and waited for the rampage to end. Culver listened as gunshots rang out in the building.

“You’re just wondering like, which one of those is going to be somebody that you’re best friends with or somebody that you love?” he said.

Police gather outside Apalachee High School after a shooting at the school Wednesday, Sept. 4, 2024, in Winder, Ga. (Mike Stewart/AP Photo)

Later police officers arrived and escorted the students out. As they were leaving the building, Culver saw “multiple people who had been shot.”

“You hear about this kind of stuff, but you like never think it’s going to happen to you until like it’s happening.”

Ashley Enoh was at home in the morning when she got a text from her brother, a senior at Apalachee High: “Just so you know, I love you.”

When Erin Clark, 42, received a text from her son Ethan, a senior, saying there was an active shooter, she rushed from her job at the Amazon warehouse to the school. The two texted “I love you,” and Clark said she prayed for her him as she drove.

With the main road to the school blocked, she parked and ran with other parents. They were directed to the football field, and amid the chaos, Clark found Ethan sitting on the bleachers.

Clark said her son was writing an essay in class when he first heard gunfire. He worked with his classmates to barricade the door and hide.

A medical helicopter is seen in front of Apalachee High School after a shooting at the school Wednesday, Sept. 4, 2024, in Winder, Ga. (Mike Stewart/AP Photo)

“I’m so proud of him for doing that,” she said. “He was so brave.”

“It makes me scared to send him back,” Clark said. “I don’t know what I’m going to do.”

Traffic going to the school was backed up for more than a mile as parents tried to get to their children. Barrow County schools will be closed for the rest of the week as they cooperate with the investigation, but grief counseling will be available.

“It’s just outrageous that every day, in our country, in the United States of America, that parents have to send their children to school worried about whether or not their child will come home alive,” Vice President Kamala Harris said during a campaign stop in New Hampshire.

In a message posted to social media, former President Donald Trump said: “These cherished children were taken from us far too soon by a sick and deranged monster.”

Georgia Gov. Brian Kemp said in a statement: “This is a day every parent dreads, and Georgians everywhere will hug their children tighter this evening because of this painful event.”

Apalachee High School has about 1,900 students, according to records from Georgia education officials. It opened in 2000, and is named after the Apalachee River on the southern edge of Barrow County, according to the school system.

On Wednesday evening, hundreds gathered in Jug Tavern Park in downtown Winder for an ecumenical prayer vigil. Volunteers handed out candles, and also water, pizza and tissues. Some knelt as a Methodist minister led the crowd in prayer after a Barrow County commissioner read a Jewish prayer of mourning.

Some were clad in athletic gear from Apalachee’s crosstown rival, Winder-Barrow High School. At the end of the vigil, someone released balloons in Apalachee’s blue, gold and white.

Sophomore Shantal Sanvee, who was in a classroom near the gunshots, said, “I saw, like, a whole lot of blood. And it was just, it was just horrible.”

“I don’t think I want to be here for like a long time now,” she added.


Associated Press journalists Sharon Johnson and Mike Stewart in Winder; Beatrice Dupuy in New York; Russ Bynum in Savannah, Georgia; and Charlotte Kramon, Kate Brumback and Jeff Martin in Atlanta contributed.

McAllen High sweeps Sharyland High in District play

McAllen High's Yaneli Rocha (4) celebrates with teammate Gabriela Estringel (16) in a District 31-5A matchup against Sharyland High at McAllen High School on Tuesday, Sept. 3, 2024, in McAllen. (Joel Martinez | [email protected])

McAllen High student cheer on their team as they battle against Sharyland High in a District 31-5A matchup at McAllen High School on Tuesday, Sept. 3, 2024, in McAllen. (Joel Martinez | [email protected])
McAllen High’s Gabriela Estringel (16) blocks a hit at the net by Sharyland High in a District 31-5A matchup at McAllen High School on Tuesday, Sept. 3, 2024, in McAllen. (Joel Martinez | [email protected])
McAllen High’s Izabella Palacios (5) blocks at the net against Sharyland High in a District 31-5A matchup at McAllen High School on Tuesday, Sept. 3, 2024, in McAllen. (Joel Martinez | [email protected])
McAllen High’s Gabriela Estringel (16) speaks to teammates before the start of the first set in a District 31-5A matchup against Sharyland High at McAllen High School on Tuesday, Sept. 3, 2024, in McAllen. (Joel Martinez | [email protected])
McAllen High’s Isabella Rivera (13) attempts to block a hit from Sharyland High’s Maria Rodriguez (2) in a District 31-5A matchup at McAllen High School on Tuesday, Sept. 3, 2024, in McAllen. (Joel Martinez | [email protected])
McAllen High head volleyball coach Estefania Portillo watches the action on the court in a District 31-5A matchup against Sharyland High at McAllen High School on Tuesday, Sept. 3, 2024, in McAllen. (Joel Martinez | [email protected])
McAllen High’s Yaneli Rocha (4) attempts to block a hit by Sharyland High in a District 31-5A matchup at McAllen High School on Tuesday, Sept. 3, 2024, in McAllen. (Joel Martinez | [email protected])
McAllen High’s Yaneli Rocha (4) and Isabella Rivera (13) protect the net in a District 31-5A matchup against Sharyland High at McAllen High School on Tuesday, Sept. 3, 2024, in McAllen. (Joel Martinez | [email protected])
McAllen High’s Yaneli Rocha (4) celebrates with teammate Gabriela Estringel (16) in a District 31-5A matchup against Sharyland High at McAllen High School on Tuesday, Sept. 3, 2024, in McAllen. (Joel Martinez | [email protected])
Sharyland High’s Ivana Adame (4) and Maria Rodriguez (2) block a hit by McAllen High in a District 31-5A matchup at McAllen High School on Tuesday, Sept. 3, 2024, in McAllen. (Joel Martinez | [email protected])
McAllen High’s Giulliana Trevino (7) celebrates with teammatesafter a point against Sharyland High in a District 31-5A matchup at McAllen High School on Tuesday, Sept. 3, 2024, in McAllen. (Joel Martinez | [email protected])
Sharyland High head volleyball coach Lynda De Leon gives direction in a District 31-5A matchup against McAllen High at McAllen High School on Tuesday, Sept. 3, 2024, in McAllen. (Joel Martinez | [email protected])
Sharyland High’s Kassandra De La Garza (6) sets the ball in a District 31-5A matchup against McAllen High at McAllen High School on Tuesday, Sept. 3, 2024, in McAllen. (Joel Martinez | [email protected])
Sharyland High’s Kassandra De La Garza (6) celebrates with teammates in a District 31-5A matchup against McAllen High at McAllen High School on Tuesday, Sept. 3, 2024, in McAllen. (Joel Martinez | [email protected])
Sharyland High’s Kenisha Martinez (8) sets the ball in a District 31-5A matchup against McAllen High at McAllen High School on Tuesday, Sept. 3, 2024, in McAllen. (Joel Martinez | [email protected])
Sharyland High head volleyball coach Lynda De Leon talks with team members during a timeout during a District 31-5A matchup against McAllen High at McAllen High School on Tuesday, Sept. 3, 2024, in McAllen. (Joel Martinez | [email protected])
Sharyland High’s Maria Rodriguez (2) reaches out to protect the net in a District 31-5A matchup against McAllen High at McAllen High School on Tuesday, Sept. 3, 2024, in McAllen. (Joel Martinez | [email protected])

Harlingen school district accepts resignation of superintendent

The Harlingen school board on Tuesday, Sept. 3, 2024, accepted the resignation of its superintendent and appointed an interim. (Miguel Roberts/The Brownsville Herald)
J.A. Gonzalez

HARLINGEN — The school district here on Tuesday accepted the resignation of its superintendent and appointed Deputy Superintendent Veronica Kortan as interim.

The specially called board meeting was posted over the weekend.

The district hired former McAllen superintendent J.A. Gonzalez last year and he officially took over as the top administrator in September of that year.

Gonzalez did not attend the meeting and his seat on the dais was empty.

The meeting started at 5:30 p.m. and entered into executive session at around 5:50 p.m. following 20 minutes of public comment.

The board reconvened just before 6:40 p.m.

Former Harlingen City Commissioner Robert Leftwich said he demanded during public comment that the board approve an external financial audit of all raises, bonuses and stipends.

In April, the school board gave Gonzalez a $10,000 raise, increasing his salary to $310,000. That took effect on Sunday. That same month, the board also granted Gonzalez a one-year extension in his three-year contract after giving him high marks during an evaluation.

Leftwich also said that he told the board that a special election for all board seats should be called, while proposing propositions for term limits, easier recall procedures and a November election.

Lorraine Galarza, a grandparent of Harlingen school district students, read from an email she sent to the board early Tuesday afternoon during public comment.

The Harlingen school board on Tuesday, Sept. 3, 2024, accepted the resignation of its superintendent and appointed an interim. (Miguel Roberts/The Brownsville Herald)

Galarza said she has been asking for Gonzalez to be terminated since May, alleging “gross negligence.”

“Since you all failed your duties to protect the children in this school district, I had no choice but to pull out my grandson and place him in public school,” Galarza said in the email.

There were also groups of teachers in attendance.

On Sunday, school district spokeswoman Marcy Martinez issued a statement saying while the district cannot discuss specifics, “there are serious issues that have led to the need for the agenda item to be posted.”

The statement said no other information could immediately be shared due to privacy concerns and because it’s an employment matter.

“The Board endeavors to act as a fiduciary for our students, employees, parents and communities at all times, while having the privilege to represent Harlingen CISD. The Board appreciates our employees, parents and community’s support and patience while we consider our options with regard to this matter,” the statement said.


Here’s the latest update:

Harlingen CISD searching for next superintendent after J.A. Gonzalez resigns

Convictions, sentences of officials in Weslaco bribery case upheld

LEFT: Former Hidalgo Country Precinct 1 Commissioner Arturo “A.C.” Cuellar walks into the McAllen federal courthouse before his sentencing trial on Wednesday, Jan. 18, 2023, in McAllen. RIGHT: Weslaco businessman Ricardo "Rick" Quintanilla, left, walks into the McAllen federal courthouse before his sentencing trial on Wednesday, Jan. 18, 2023, in McAllen. (Photos by Joel Martinez | [email protected])

A federal appeals court has upheld the convictions and sentences of two former Mid-Valley public officials who were found guilty of defrauding the city of Weslaco out of $42.5 million during the rehabilitation of the city’s water and wastewater infrastructure.

In October 2022, a federal jury found Arturo “A.C.” Cuellar, the former Hidalgo County Precinct 1 commissioner, and Ricardo “Rick” Quintanilla, a Weslaco businessman, guilty of a combined 70 counts of conspiracy to commit wire fraud, wire fraud, money laundering and bribery.

In January 2023, U.S. District Judge Micaela Alvarez sentenced Cuellar to 20 years, and Quintanilla to nearly 17 years in federal prison. The judge further ordered the two men to pay millions of dollars in restitution to the city of Weslaco, to forfeit the bribe proceeds they had received during the years-long scheme, and to pay hefty fines.

Not long after learning their punishment, the two defendants appealed both their convictions and their sentences, making a number of claims including that a corrupt prosecution had overstepped its authority, to challenging the judge’s impartiality, to the intimidation of witnesses.

During oral arguments in July, the pair’s defense attorneys also raised a new point of argument — one spurred by a recent decision by the U.S. Supreme Court, which held that certain tit-for-tat transactions don’t qualify as bribery, which is illegal, but instead as a gratuity, which is not.

On Friday, however, the three-judge panel that heard those arguments found them, whole cloth, to be bunk.

“This was a well-tried case by the district court. The judgments of conviction and sentence are AFFIRMED,” U.S. Circuit Judge Jerry E. Smith stated on behalf of the panel in an opinion handed down on Friday.

The 35-page opinion is a scathing rebuke of the challenges Cuellar and Quintanilla’s attorneys presented at appeal, and repeatedly calls into question the attorneys’ understanding of the law.

“Each issue is either forfeited, not meritorious, or both,” the opinion’s opening paragraph reads.

Cuellar and Quintanilla each appealed their convictions and sentences separately; however, the two matters were later consolidated and argued together.

Former Hidalgo Country Precinct 1 Commissioner Arturo “A.C.” Cuellar walks into the McAllen federal courthouse before his sentencing trial on Wednesday, Jan. 18, 2023, in McAllen. (Joel Martinez | [email protected])

As the appellate judges note in their opinion, Cuellar and Quintanilla presented nine primary arguments “in name and many more in fact” for why their convictions should be reconsidered.

But repeatedly, the judges found that the issues were improperly raised, were not supported by corroborating evidence, or that the case law used to justify the defendants’ arguments instead served to further buttress the prosecution.

For instance, Cuellar argued that the jury had convicted him after prosecutors had improperly changed the indictment to widen its scope of allegations.

The appeals court, however, found the defense’s arguments in that regard to be muddy and based on an irrelevant legal argument — one that had the appellate judges refusing to parse the nature of the argument.

“If a defendant appeals the sufficiency of the indictment, then we will consider the sufficiency of the indictment. We will not use a scalpel to extract whatever latent independent arguments parties inconspicuously smuggle in,” the opinion states.

Cuellar and Quintanilla also tried to argue that federal prosecutors moved the goal posts midway through the case.

Initially, the indictment alleged that Cuellar, Quintanilla and others had participated in a single conspiracy involving no-bid contracts, kickbacks and bribes — some allegedly funneled, in part, through an attorney trust account of a fourth co-defendant.

Weslaco businessman Ricardo “Rick” Quintanilla, center, walks into the McAllen federal courthouse before his sentencing trial on Wednesday, Jan. 18, 2023, in McAllen. (Joel Martinez | [email protected])

But by the time a jury was seated in mid-October 2022, some of those allegations had been removed from the indictment — including that fourth defendant, who was dismissed from the case.

Prosecutors had further narrowed the scope of their allegations by trimming down the timeline they claimed the scheme to have occurred.

Cuellar and Quintanilla argued that the changes to the indictment — which were made by prosecutors, rather than via a grand jury — amounted to an impermissible “broadening of the indictment.”

The appellate judges didn’t buy that argument.

“It also seems to be an example where the government shrunk—rather than expanded—the scope of the indictment,” the opinion states.

The defendants made a number of other claims that they argued warranted vacating their convictions, or at the very least, calling for a new trial.

Among them, they claim that Judge Alvarez had a conflict of interest that impacted her impartiality.

Cuellar and Quintanilla also made claims regarding the bribes they accepted — arguing that the citizens of Weslaco did not have a “property interest” in the money that was fleeced from the city.

But again, the appellate judges didn’t mince words in calling their arguments flawed. Indeed, the circuit judges state that the very case law the defendants cite to bolster their arguments, instead, do the opposite.

“Nor does (that case) do defendants any favors,” the opinion states at one point.

And, “That undermines their case,” it states at another point.

Former Weslaco city commissioner John F. Cuellar leaves the McAllen federal courthouse Wednesday, Jan. 18, 2023, after being sentenced to three years in federal prison for his role in the Weslaco water plant bribery scheme. (Dina Arévalo | [email protected])

Later on, in a section addressing Cuellar’s appeal of the $4.1 million restitution he has been ordered to pay Weslaco — along with Quintanilla and another co-conspirator, former District 2 Weslaco Commissioner John F. Cuellar — the appellate judges are again critical of flawed legal arguments.

“That’s not right,” the judges state.

“AC’s challenge to restitution assumes that the government did not prove a single conspiracy. But the government did so,” they further state.

Finally, the defendants’ attorneys launched a late-breaking argument during July’s oral arguments — one that came just weeks after the Supreme Court overturned a case over what constitutes a bribe.

In that case, Snyder v. United States, the nation’s highest court found that a monetary transaction that occurs “after an official act as a token of appreciation” isn’t a bribe, but is instead a gratuity.

The Fifth Circuit found that last-ditch argument unconvincing, as well.

“Unlike Snyder, this is a case about bribes rather than gratuities, and the jury was instructed to that effect. This case is wholly dissimilar to Snyder … and defendants do little to show otherwise,” the opinion states.

Soggy September: Deep tropical moisture brings Valley relief

A pedestrian attempts to avoid getting wet as heavy rain falls on Tuesday, Sept. 3, 2024, in Weslaco. (Joel Martinez | [email protected])
A woman covers her head as she walks while rain falls on Tuesday, Sept. 3, 2024, in Weslaco. (Joel Martinez | [email protected])

Right off the bat, September is living up to its reputation as the soggiest month of the year for the Rio Grande Valley, with thunderstorms cropping up around the region to dump their sometimes sizable loads.

The National Weather Service Brownsville-RGV station on Tuesday announced that, according to the Weather Prediction Center of the National Oceanic and Atmospheric Administration, deep South Texas and the Valley were at marginal to slight risk of excessive rainfall this week thanks to deep tropical moisture combined with daytime heating and low pressure, both at the surface and middle layers of the atmosphere.

Through sunrise Wednesday, meteorologists were predicting marginal risk for all communities in the Valley and deep South Texas, though only a slight risk for Sarita in Kenedy County. From sunrise Wednesday to sunrise Thursday, the outlook was for a marginal risk of excessive rainfall for all cities and towns in the region.

A truck moves through a large puddle of water as rain fell on Tuesday, Sept. 3, 2024, in Weslaco. (Joel Martinez | [email protected])

The NWS predicted 3-5 or more inches of rain in some areas from Labor Day through Saturday, while “isolated inflow regions to Falcon and Amistad (reservoirs) may see 10 inches of rainfall,” according to NWS Warning Coordination Meteorologist Barry Goldsmith.

The Valley’s communities depend on the reservoirs, as does agriculture, and water-usage restrictions are already in effect for municipalities across the region due to ongoing drought and historically low reservoir levels. Goldsmith said this week’s heavy precipitation will put a temporary end to the dry weather that was a main feature of August, along with many instances of excessive heat.

“The other temporary good news is some incremental rises in the reservoirs that supply water here,” he said. “Unfortunately, ‘incremental’ only raises levels from their record to near-record lows a little bit off that floor.”

Falcon, roughly 135 miles northwest of Brownsville as the crow flies, had fallen to near 10% of its total capacity as of Monday. Amistad, about 160 miles north of Laredo, ticked up from 19.3% to 19.6% in the recent days.

“(They are) still in record low territory,” Goldsmith said. “Enjoy the re-greening, but continue to conserve water as best as you can.”

The NWS on Aug. 30 said the National Hurricane Center was monitoring an area of disturbed weather over the northwestern Gulf, but gave it only a 20% chance of developing into tropical cyclone along the Texas coast over the following week. If it does develop, no direct impacts to deep South Texas or the Valley are expected, since it would mainly effect the upper Texas and Louisiana coast, according to the NWS.

A man walks through a downpour as rain falls on Tuesday, Sept. 3, 2024, in Weslaco. (Joel Martinez | [email protected])

Still, torrential downpours — and lower temperatures — appear to be a given over the next several days, according to meteorologists, who are highly confident that this forecast is accurate.

Residents not ready for heavy rain should get ready for it, advised NWS Lead Meteorologist Joseph Tomaselli in a bulletin Tuesday. That means checking tire tread wear and pressure, and tire replacement if necessary; checking brake pads or shoes for wear and replace if needed; and check windshield wiper blades for dry rot. Rotted wiper blades should be replaced immediately for safety, he said.

To help prevent flooding, drainage ditches, clean-outs and canals should be cleared of debris. Where heavier bands of rain occur, “nuisance flooding” in areas with poor drainage is possible.

“Driving will be difficult in bands, with near zero visibility at times,” Tomaselli said. “Residents with NOAA weather radios or other apps in the affected should have them in “alert” (mode) in case flood warnings are issued.”