The scene of a two-vehicle crash near Donna on Friday, Sept. 13, 2024. (Courtesy of the Texas Department of Public Safety)
A Donna man was killed after being ejected from his vehicle in a fiery crash Friday near Weslaco, state troopers said in a news release.
The Texas Department of Public Safety is investigating a two-vehicle crash that occurred around 5:40 p.m. in the vicinity of Mile 6 Road West and Mile 12 Road North, near Weslaco.
That’s where a 2021 Chevrolet Trailblazer was heading southbound on Mile 6 while a white 2003 Chevrolet Silverado 2500 was traveling westbound on Mile 12.
According to DPS, the Silverado “disregarded a stop sign and collided with the” Trailblazer.
“The Chevrolet Silverado veered into a large drainage ditch and engulfed in flames,” DPS said. “The driver of the Chevrolet Trailblazer was transported to (DHR Health) with non-life-threatening injuries.”
The driver of the Silverado, however, Concepcion Chable Reyes, 56, was ejected from the vehicle and died at the scene of the crash due to his injuries.
Authorities say they are awaiting a toxicology report to determine if Reyes was driving under the influence.
Samuel Steele is a U.S. military veteran who is pursuing an Associate of Applied Science degree in Cybersecurity at TSTC’s Harlingen campus. (Courtesy: Texas State Technical College/TSTC)
HARLINGEN — For six years Samuel Steele served in the U.S. Army, and the talent that he developed as a network communications systems specialist has led him to an education at Texas State Technical College’s Harlingen campus.
“I relocated to the Rio Grande Valley after my military career and looked for a job in the telecommunication and networking field,” Steele said. “I had difficulty finding a job because the job descriptions on several job postings listed a requirement for a certificate, associate or bachelor’s degree. I explored the college’s website and found the Cybersecurity program.”
While Steele browsed through TSTC’s Cybersecurity webpage, the program’s merit as a National Center of Academic Excellence in Cyber Defense, as well as its advanced technical certificate in Digital Forensics Specialist, caught his interest.
“I thought it was unique that TSTC offers an advanced certificate,” he said. “I’ve always wanted to do that type of work in law enforcement. I enjoy working for our country.”
Now Steele, a former Dallas resident living in Port Isabel, is studying for an Associate of Applied Science degree in Cybersecurity. He plans to pursue the program’s advanced technical certificate sometime after graduation.
TSTC’s Cybersecurity program is offered in a performance-based education (PBE) format. In PBE, students work with program staff to develop a schedule in two-hour time blocks. Lectures, videos and other learning content is online, and hands-on work is done in labs.
“I appreciate how the instructors said they are available whenever we need them,” Steele said. “I’m getting adjusted to a flexible, at-your-own-pace education.”
Alex Alcoser is one of Steele’s instructors.
“Some new students perceive Cybersecurity based on what they saw on television,” Alcoser said. “However, they’re in awe when they’re engaged with an assignment. It’s exciting to introduce new students to the magic of fending off cyberattackers.”
Samuel Steele is a U.S. military veteran who is pursuing an Associate of Applied Science degree in Cybersecurity at TSTC’s Harlingen campus. (Courtesy: Texas State Technical College/TSTC)
Steele said TSTC has given him a new outlook.
“I really appreciate that there are opportunities for veterans to get trained for a career that leads us straight into the workforce,” he said.
According to onetonline.org, digital forensics analysts in Texas can earn a median salary of $100,720 a year. The website projected that there would be a 20% increase in the number of such jobs in the state from 2020 to 2030.
‘Longhorn Jackolope’ by Eric
Mixed
(Courtesy: Nancy Moyer)
This exhibit feels a bit flat. The Upper Valley Art League presents their Fall All-Member Exhibit at the Kika De La Garza Art Gallery and, as usual, there is no lack of artworks from this dynamic organization. Demonstrating a range of mediums, styles, and techniques, 49 artists are participating in this show and showing 125 pieces of art.
For me, a large work located in a tight space at the rear of the galley is the most dynamic piece in the show.
“Taimatsu” by Karen Schmidt references a Japanese torch that is lit as a signal or for celebration. Comprised of strips of copper foil, fabric, and yarn, Schmidt’s strips of woven fiber create value contrasts that move the eye to the topmost area where flashes of light from crumpled copper strips symbolize sparks of fire.
Another work demanding attention is Eric’s “Longhorn Jackolope” (sic). This piece creates a humorous Texas icon by taking the Wyoming Jackalope and replacing its antlers with the Texas variety. The Longhorn Jackolope peers at us against a Cadillac Ranch backdrop. Texas lore continues with “Roll Roll Armadillo,” a whimsically designed quilted fabric with acrylic by Renee Darkis. This is a feel-good piece.
“Midas’ Apple,” a resin sculpture by Timothy Watkins, attracts viewers drawn to the strength of the image itself, as well as their curiosity as to whether the apple was a lidded jar, luring them to touch an object cursed by touch.
Watkins warned viewers, “Don’t touch the hand or you’ll turn to gold!” From a past love of flower pressing, he realized that he could use resin to preserve a whole flower, initiating a creative and slippery slope to experimenting and mold-making to cast the resin. This piece presents a life-sized apple cupped in two hands.
Curtis Whately shows an elegant bowl, “Splash,” using glass to reference the iconic motion when an object is dropped in water. The blue sides rise to the edge, culminating in a circular sequence of small white dots that simulate the open areas lying between escaping splash-drops. Two sides are dramatically folded.
A new plastic card work, “When You Fail to Notice” by Noreen Graf, plays on a double meaning. A tiny magnifying glass icon that is needed to read the fine print in credit card agreements is placed among the card fragments; these are the cards of people who didn’t notice the terms and lost their credit. If the viewer fails to notice this icon, they miss the meaning of the work.
There are more notable works here, and as the show statement reads, “As an art league, we encourage the arts among all its members — those who are in early stages of developing their skills and those who demonstrate greater mastery. In this exhibit, you will experience the full range of artful expression.”
The emotional flatness of the exhibition may be the balanced inclusion of master works that exude confidence as well as communicate feelings about their subjects, and novice works that speak of uncertainty. The mixture seeks a middle ground. Engaging pieces are scattered throughout the gallery and sometimes almost hidden, discouraging a desirable aesthetic flow. In addition to the novices there are many new practicing artists participating this year who present fresh interests. All the more art to talk about.
Fall All-Member Exhibit
WHERE: Kika de la Garza Fine Arts Center, 921 E. 12th St., Mission
WHEN: Through Sept. 27
HOURS: 10 a.m. to 6 p.m. Wednesday through Friday, 10 a.m. to 2 p.m. Saturday
‘Grow’ by Ashe Gomez Oil on Panel (Courtesy: Nancy Moyer)‘Midas’ Apple’ by Timothy Watkins Resin (Courtesy: Nancy Moyer)‘Roll Roll Armadillo’ by Renee Darkis Acrylic on Fabric (Courtesy: Nancy Moyer)‘Splash’ by Curtis B. Whatley Glass (Courtesy: Nancy Moyer)‘Longhorn Jackolope’ by Eric Mixed (Courtesy: Nancy Moyer)‘Taimatsu’ by Karen Schmidt Fabric, Copper Foil, Yarn (Courtesy: Nancy Moyer)
Nancy Moyer, Professor Emerita of Art, is an art critic for The Monitor. She may be reached at [email protected].
Mission High running back Thomas Aparicio (33) carries the ball against Sharyland High in a Non-District game at Richard Thompson Stadium on Friday, Sept. 13, 2024, in
Mission. (Joel Martinez | [email protected])
Mission High running back Thomas Aparicio (33) breaks through the Sharyland High defense on his way to the endzone in a Non-District game at Richard Thompson Stadium on Friday, Sept. 13, 2024, in Mission. (Joel Martinez | [email protected])Mission High running back celebrates with teammate James Delgado (28) after his touchdown run against Sharyland High in a Non-District game at Richard Thompson Stadium on Friday, Sept. 13, 2024, in Mission. (Joel Martinez | [email protected])Mission High running back Thomas Aparicio (33) carries the ball against Sharyland High in a Non-District game at Richard Thompson Stadium on Friday, Sept. 13, 2024, in Mission. (Joel Martinez | [email protected])Mission High wide receiver Shelby Sital (17) entangles with Sharyland High defender Mau Acosta (7) after completing a reception in a Non-District game at Richard Thompson Stadium on Friday, Sept. 13, 2024, inSharyland High Mario Mendoza (11) attempta to avoid. a low tackle from Mission High defender Andrew Villarreal (21) as he carries the ball in a Non-District game at Richard Thompson Stadium on Friday, Sept. 13, 2024, in Mission. (Joel Martinez | [email protected])Mission High defender Jose Sanchez (22) attempts to stop the run of Sharyland High quarterback Calvin Harris (14) in a Non-District game at Richard Thompson Stadium on Friday, Sept. 13, 2024, in Mission. (Joel Martinez | [email protected])Mission High defender Evan Salinas (8) stops the run of Sharyland High wide receiver Francisco Gomez (16) in a Non-District game at Richard Thompson Stadium on Friday, Sept. 13, 2024, in Mission. (Joel Martinez | [email protected])Mission High quarterback Diego Salinas (6) hands off the ball to running back Thomas Aparicio (33) in a Non-District game against Sharyland High at Richard Thompson Stadium on Friday, Sept. 13, 2024, in Mission. (Joel Martinez | [email protected])Mission High quaterback Diego Salinas (6) carries the ball against Sharyland High in a Non-District game at Richard Thompson Stadium on Friday, Sept. 13, 2024, in Mission. (Joel Martinez | [email protected])Mission High running back Thomas Aparicio (33) drives into the endzone against Sharyland High defender Jose Vega (12) in a Non-District game at Richard Thompson Stadium on Friday, Sept. 13, 2024, in
Members of the McAllen police Emergency Services Unit enter a classroom as they conduct a drill for the media during tactical training at Donna Wernecke Elementary School on Tuesday, July 12, 2022, in McAllen. (Joel Martinez | [email protected])
With a wave of school threats across school districts in the Valley, stress, fear and anxiety are among the emotions that are felt by parents, students and staff.
Sitting down and addressing the threats in the Valley and the nation is a different situation with many parents finding it hard to have these uncomfortable but needed conversations.
Among the school districts that received threats are the Donna, PSJA, Brownsville and Mercedes districts, as well as IDEA Public Schools.
Jacqueline Hernandez, a parent of a PSJA student, was already feeling tense from the threats at a neighboring school district. Her stress was elevated at the beginning of this week when she saw rumored threats to her child’s school district online.
Right away, Hernandez began calling her daughter’s elementary school to inquire about the threats and what the protocols were in those situations.
Hernandez said she was told extra security was added at the school. She then called the central office to learn about protocol in these situations. Hernandez said she got the runaround.
“I was so confused and kind of upset just because I was asking what are the protocols? Or has there been any threats to elementary schools?” Hernandez said.
“This message is to inform you that this morning on Wednesday, September, 11, 2024, the individual responsible for the recent social media threats was arrested by the PSJA Police Department and will be charged with a felony for making a terroristic threat to impede public service or cause fear of serious bodily injury,” PSJA said in a message that day.
Hernandez found herself reflecting on the best way to speak with her daughter as she prepared for the awkward conversation over what happened and about school threats in general.
“I personally have not had that conversation with her, because it’s really hard,” she said. “So now I’m reading articles on how to have specific conversations with your kids, or how to prepare them, and to think that I’m even contemplating on doing that. And my child is only 9 years old. You shouldn’t have to be worrying about any of that.”
A member of the McAllen police Emergency Services Unit enters a classroom as they conduct a drill for the media during tactical training at Donna Wernecke Elementary School on Tuesday, July 12, 2022, in McAllen. (Joel Martinez | [email protected])
Donna ISD investigated and arrested two students last week for making separate threats at both high schools
Melanie Ballardo, the Donna ISD Student Support Services supervisor who has a certification in counseling, gave advice on how to better handle these situations.
Ballardo said with any situation on this matter, parents and students are going to feel anxious, fearful and helpless with every parent approaching it differently.
“Some of the advice that I would give to parents … for them to become more involved in the school system,” she said. “Anxiety is basically a response in our body that’s telling us we need to prepare ourselves for action, but how do we do that? … Understanding and being proactive, of our protocols, of our systems, could ease their anxiety.”
At home, Ballardo said reassurance is one important factor in easing those emotions when parents talk to their children.
“It’s vital for them to listen to their child with empathy and provide them with constant reassurance,” she said.
Ballardo added that if parents see that their child is still having a hard time, she suggests reaching out to their campus counselor and providing them with other coping skills or resilience skills that can reduce their anxiety.
When having those uncomfortable but needed conversations with their children, Ballardo said to keep their age in mind and use age appropriate language for the students.
“A lot of the parents are scared to talk about verbalizing a school shooting or because school safety can stem from violence to even hazardous weather,” she said. “Appropriate language is that they understand their child as good as anybody else, so they understand what level of understanding they’re going to have.
For elementary or middle school aged students, Ballardo suggests focusing not on the intent or the violent act but to focus more on how to help them deal with emotions.
“Focusing on what is going to happen, it has not happened,” she said. “That’s going to continue to create that continuous fear, that continues anxiety. So focusing on that, on how today you’re feeling anxious. What can we do to help you today?”
For older high school students, Ballardo suggested giving the advice to be more vigilant and to also express their feelings or suspicion to the appropriate adult on campus or in the area.
“Whether they’re are high schoolers, they still have the same emotions and the same feelings,” she said. “It’s going to be more addressing them in terms of how you feel a certain way, but also be aware of your surroundings and make sure that you know where to go and find the resources.”
A family observes giraffes in their zoo exhibit at Gladys Porter Zoo on Thursday, Sep. 12, 2024, in Brownsville. (Miguel Roberts/The Brownsville Herald)
If a hotel is built as envisioned in the Gladys Porter Zoo Master Plan, it won’t be on the former Cummings Middle School property that the city of Brownsville is preparing to buy from the Brownsville Independent School District for $16 million.
That’s according to Brownsville Mayor John Cowen Jr., City Manager Helen Ramirez, and the master plan itself, created by PJA Architects of Seattle, Washington. The hotel/restaurant/retail space presented as an alternative in the master plan would be erected on city-owned property that includes East Pierce Street just northeast of Cummings, which now houses BISD’s Career and Technical Education (CTE) Center.
The city needs the Cummings property to expand the zoo’s animal exhibits, which is required by the national Association of Zoos and Aquariums (AZA) for the zoo to maintain critical accreditation. Losing AZA accreditation would mean the end of the zoo’s renowned breeding program for endangered species, dealing a major blow to the zoo, an economic generator that draws 450,000 visitors a year, Ramirez said.
BISD has agreed to sell the property, which the city will then lease back to the district (for $1 a month) until a new, larger CTE center is ready to occupy. The city has agreed to help BISD into a better CTE facility elsewhere that can accommodate an expanded program and more students. BISD Superintendent Jesus Chavez and the district’s Board of Trustees have expressed excitement over the prospect of a new CTE center.
This rendering shows the proposed zoo expansion on the Cummings property and adjacent property owned by the city. (Courtesy: City of Brownsville)
The zoo is officially designated a public park, and its expansion would carry the same designation, Ramirez said, adding that the city plans to issue certificates of obligation this month to pay for the Cummings property. Under state law, the city is forbidden to build a hotel or other strictly commercial entity on the land, she said.
“We’re actually limited with what we can do when we buy a property for park use,” Ramirez said.
She added that everything in the master plan is still conceptual at this juncture, since master plans tend to be conceptual in nature.
“Master plans are conceptual time until such time as the project can be funded,” Ramirez said. “Then you go into detailed design. You have to have a long-term master plan, and as you have funding you implement it.”
Doing what’s necessary to save the zoo, meanwhile, is a “very positive thing,” she said, adding that the deal is a win for the zoo, the city and the school district equally. It reflects Ramirez’s “one city” vision for Brownsville, she said.
A view of East Pierce Street from 6th Street in Brownsville on Thursday, Sep. 12, 2024, behind the former Cummings Middle School. This is where a hotel may be built and this is not on the Cummings Middle School property the city is purchasing. (Miguel Roberts/The Brownsville Herald)
“The city, the zoo and BISD, together we’re stronger, and we just need to keep working together as one city to become even more successful,” Ramirez said.
Cowen said the city’s deal with BISD is not so a hotel can be built.
“It had nothing to do with the Cummings property, because the Cummings property can only be used for zoo-related purposes,” he said.
Still, Cowen said he believes the plan’s alternative for a hotel outside the Cummings property is a good concept.
“They came up with an idea to create more of a draw for the zoo, to add a hotel and commercial area, so that visitors can stay there and obviously stay in the Mitte Cultural District,” Cowen said. “It’ll create more of a tourism draw, which obviously benefits the zoo and benefits the city.”
The mayor said he understands why there may be confusion about which property the hotel would be located on, citing “some misinformation on social media” following an Aug. 28 community forum highlighting the master plan.
“I think the more transparency we can provide, I think the more people understand why all these things make sense,” Cowen said.
A baby black spider monkey clings onto its mother while climbing up a palm tree at Gladys Porter Zoo on Thursday, Sep. 12, 2024, in Brownsville. (Miguel Roberts/The Brownsville Herald)
Pat Burchfield, executive director of the zoo, said he’s thrilled with BISD’s decision to support the zoo expansion project, calling it a huge milestone for the institution and its “mission of conservation, education, research and healthy outdoor recreation.”
“Enhanced and expanded facilities for our animals are needed to keep pace with the ever-increasing level of excellence in animal care required to maintain (AZA accreditation),” Burchfield said.
The Cummings property acquisition will allow the zoo to nearly double in size, making possible an “African savanna” exhibit featuring a watering hole for giraffes and other hooved animals, plus a forested exhibit offering spacious habitat for two groups of West African lowland gorillas.
The master plan also calls for a new zoo entrance complex and a multilevel parking garage to compensate for surface parking that would be lost to the expansion of animal exhibits. The Brownsville Community Improvement Corporation is expected to be a “key community partner” in helping support the expansion project, according to the city.
Delia's Tamales on Thursday, Dec. 28, 2023, in McAllen. (Joel Martinez | [email protected])
Delia’s Tamales on Thursday, Dec. 28, 2023, in McAllen. (Joel Martinez | [email protected])
The former Delia’s Tamales employees who are suing the popular restaurant chain over claims of wage theft are now trying to add the company’s founder as a named defendant.
The group of former employees involved in the suit, which now number 30, are seeking the court’s permission to name Garza as a defendant in her individual capacity. Previously, the lawsuit has gone after the company alone, not any specific person tied to it.
But the company’s lawyers are firing back, saying the plaintiffs in the civil lawsuit are long past the deadline for amending their claims.
Further, Delia’s Tamales’ attorneys claim that Garza hasn’t been a meaningful part of the company’s day-to-day operations in years. They point to some of the plaintiffs’ own sworn testimony to buttress that assertion.
CHANGES COME AFTER RAID
On July 24, federal agents conducted simultaneous raids on Delia’s restaurants in McAllen, Pharr, San Antonio and elsewhere. Hours later, those agents could be seen removing boxes of what appeared to be documents.
Two weeks later, the company’s former employees filed their request to add new allegations and name founder Delia Garza to their lawsuit.
The plaintiffs cite a federal statute that relates to the crime of racketeering and the “collection of unlawful debt” in the request.
The plaintiffs included a copy of the amended petition they hope the court will approve.
The 22-page document contains substantial changes from the current version of the lawsuit, including a reintroduction of allegations that Delia’s Tamales engaged in a practice of supplying fraudulent Social Security cards to the employees.
It also seeks to rebrand the lawsuit from one where nearly three dozen former workers are arguing distinct cases, to a class action lawsuit, wherein their allegations can be taken in the aggregate.
An FBI agent exits the Delia’s Tamales restaurant at 3400 N. 10th St. in McAllen on Wednesday, July 24, 2024. The FBI confirmed that agents were carrying out “court authorized” activity at several Delia’s locations. (Dina Arévalo | [email protected])
THE ALLEGATIONS
The company allegedly withheld Social Security deductions from the employees’ paychecks, all the while keeping the money for itself, the workers claim.
Those allegations were initially included as part of the lawsuit when it was first filed in state district court in Hidalgo County.
Now, the former workers are realleging that Delia’s fleeced them of their Social Security benefits, fired them when they reached or nearly reached retirement age, and then threatened them based on their undocumented immigrant status.
“Defendant furnished fake social security cards to Plaintiffs. Plaintiffs were led to believe retirement/social security deductions were being deposited into their social security account provided by Defendants,” the proposed amended lawsuit reads, in part.
“Defendants provided fake social security cards and permanent resident cards to Plaintiffs. … Defendants terminated Plaintiffs because of their legal status,” it further reads.
Other allegations include that workers were forced to work long hours — some as much as 70 hours, or seven days a week — without being paid overtime.
Some of the former workers also claim that the company misclassified them as “managers” in order to avoid paying them overtime.
Delia’s Tamales on Wednesday, Dec. 27, 2023, in McAllen. (Joel Martinez | [email protected])
DELIA GARZA
As for the new allegations against Delia Garza, the woman who founded the company after selling tamales door-to-door, the former workers allege that she exploited undocumented immigrants.
They further claim Garza broke federal RICO statutes by committing wire fraud, creating fraudulent government documents, and laundering money.
“The RICO Defendants racketeering activities were multiple, continuous, and ongoing from about 2002, and this remains ongoing,” the proposed petition states.
But in their response to the workers’ new allegations, attorneys for Delia’s Tamales say it’s too late to change or add to their allegations.
“Before the Court is Plaintiffs’ Motion for Leave to File Second Amended Complaint (the “Motion”) filed almost seven months after the deadline,” the company’s Aug. 28 response reads, in part.
The proposed amended lawsuit, “is littered with the same, old, salacious allegations Plaintiffs asserted in their Original Petition,” the response further states.
But, if the court does allow the workers to amend their lawsuit, then the attorneys argue that Delia Garza has no place in it, since she is no longer actively involved in the company’s operations.
“Ms. Garza has not been involved in (Delia’s Tamales’) daily operations or decision making since at least 2018,” the response reads.
“Beyond this, and importantly, the statute of limitations for any actions Ms. Garza might have taken during her involvement … has long run, so adding her as a defendant to these proceedings would be improper,” it further reads.
The company’s attorneys point to admissions from some of the former workers’ themselves, whose testimony has already been memorialized as part of depositions in the lawsuit.
“Plaintiffs admit that they know of no-decision-making by Ms. Garza,” the response reads.
A couple hoping to dine at a Delia’s Tamales restaurant in north McAllen are met with a “we are closed” sign as FBI agents carry out an investigation inside on Wednesday, July 24, 2024. (Dina Arévalo | [email protected])
COMPANY PUSHES BACK
The company also pushes back against allegations made in court earlier this year that Delia’s maintained “two sets of books” — one to track legitimate payroll, and another to keep tabs on under-the-table payments.
Again, they cite the depositions of some of the workers, who say they had no personal knowledge of such a practice.
Finally, Delia’s argues against allowing the former workers to change their lawsuit into a class action case.
Allowing them to do so would completely change the nature of the litigation, they say.
“The proposed Second Amended Complaint greatly shifts the landscape of this case,” the response reads.
“Such amendment totally resets this case on the Court’s docket, restarts discovery, invites more discovery struggles, prejudices Defendant, and causes undue delay,” it further reads.
The court has yet to make a decision and a hearing to settle the issue has not been set.
Edcouch City Manager Victor Hugo de la Cruz, left, and Place 1 Alderman Rene A. Flores, far right, leave the McAllen federal courthouse on Friday, Sept. 13, 2024, after making initial appearances in a public corruption case against them. The pair are charged with bribery related to a 2019 contract between a Brownsville marketing company and the city of Edcouch. (Dina Arévalo | [email protected])
McALLEN — Two Edcouch officials accused in a public corruption pay-to-play scheme made their first appearances in federal court here on Friday.
Edcouch City Manager Victor Hugo de la Cruz, 60, and Edcouch Place 1 Alderman Rene Adan Flores, 40, are facing four felony counts, including one count of conspiracy to defraud the United States, one count of federal programs bribery, and two counts of Travel Act violations.
Federal agents arrested the pair at their Weslaco homes Thursday, court records show. They made their initial appearances before U.S. Magistrate Judge J. Scott Hacker Friday morning.
The two public officials are accused of plotting a kickback scheme during which they would steer the city of Edcouch into awarding a marketing contract to a Brownsville business in exchange for bribes.
The business owner allegedly received a total of $6,000 in payments from the city between July and September 2019 for the marketing work. In exchange, he allegedly paid a total of $2,000 in bribes to Alderman Flores.
Speaking after Friday’s court hearing, de la Cruz confirmed that the case involves Brownsville marketing agency, Pink Ape Media, which is owned and operated by a Mexican national named Rodrigo Moreno-Fernandez.
“They did a subpoena of the city for Pink Ape documents,” de la Cruz said, referring to federal agents who recently served Edcouch with a subpoena for records.
On Sept. 3, a federal grand jury handed up a four-count indictment against de la Cruz and Flores.
The indictment outlines in detail how the scheme allegedly took place.
It all began in the summer of 2019, when the two officials allegedly met with Moreno-Fernandez, identified simply as “Person 1,” to discuss how they could get the city to pay for his company’s services.
In the indictment, Pink Ape Marketing is referred to as “Business A.”
“DE LA CRUZ and FLORES agreed with Person 1 that Edcouch would pay Business A for marketing work Business A would perform for Edcouch, and, in exchange, Person 1 would pay kickbacks to FLORES,” the indictment reads, in part.
“Under this agreement, Edcouch made two payments to Business A. In return, Person 1 paid two kickbacks to FLORES,” it further reads.
Edcouch City Manager Victor Hugo de la Cruz, left, and Place 1 Alderman Rene A. Flores, far right, leave the McAllen federal courthouse on Friday, Sept. 13, 2024, after making initial appearances in a public corruption case against them. The pair are charged with bribery related to a 2019 contract between a Brownsville marketing company and the city of Edcouch. (Dina Arévalo | [email protected])
The three men allegedly met on June 9, 2019 to discuss the city awarding a contract to Pink Ape. Just two days after that meeting, the city of Edcouch wrote a $3,000 check to the marketing company.
Four days after that, on June 15, 2019, de la Cruz allegedly called Moreno-Fernandez to remind him that “FLORES was expecting his payment.”
About a week later, in another meeting between the trio, the marketing consultant allegedly paid Flores, the alderman, $1,000.
The tit-for-tat allegedly continued two months later, when Edcouch issued another $3,000 check to Pink Ape on Sept. 12, 2019.
Afterward, the trio got together again. In that Sept. 24, 2019 meeting, Moreno-Fernandez allegedly paid Flores another $1,000.
This is not the first time Moreno-Fernandez has been an integral part of a public corruption probe.
In late 2020, Moreno-Fernandez served as the key witness in the federal public corruption trial of Sylvia Atkinson, former Brownsville ISD school board trustee, and former assistant superintendent at Rio Hondo ISD.
Unbeknownst to Atkinson, Moreno-Fernandez has been working as a “cooperating individual” for the FBI.
Over the course of 2018 and 2019, Moreno-Fernandez — along with an undercover FBI agent posing as a filmmaker from India — gathered evidence that Atkinson, who then served as the school board’s vice president, was willing to engage in a similar pay-to-play scheme.
“The CI (cooperating individual) had been working for the FBI for several years and operated a legitimate media consulting firm in Brownsville,” federal prosecutors stated in a February 2022 appellate brief filed in the Atkinson case.
During its investigation, the FBI recorded Atkinson accepting thousands of dollars in bribes from the undercover agent in exchange for placing items on the school board agenda and steering the board members into voting for them.
Edcouch City Manager Victor Hugo de la Cruz, left, and Place 1 Alderman Rene A. Flores, far right, leave the McAllen federal courthouse on Friday, Sept. 13, 2024, after making initial appearances in a public corruption case against them. The pair are charged with bribery related to a 2019 contract between a Brownsville marketing company and the city of Edcouch. (Dina Arévalo | [email protected])
Moreno-Fernandez had extensive experience in Rio Grande Valley politics prior to the BISD kickback scheme with Atkinson.
And he had known the school board trustee prior to the scheme, as well, having worked on her election campaign, court records show.
Atkinson had also personally invested in Moreno-Fernandez’s independent film, “The Whole.”
A jury ultimately convicted Atkinson of all eight counts against her. Atkinson appealed her conviction and 6.5-year prison sentence, which was later upheld by the U.S. Fifth Circuit Court of Appeals.
Federal prison records show she is currently being held at a halfway house in San Antonio.
But just months after the scheme between Atkinson and Moreno-Fernandez allegedly concluded in February 2019, the marketing consultant was sitting down for meetings with Edcouch officials.
That scheme, in the heart of the Delta, allegedly began sometime in June of that year.
As for what will happen now, de la Cruz, the Edcouch city manager, said he’s not sure.
When asked what the criminal charges mean for his employment with the city, he replied, “I don’t know.”
But the city manager insisted he will not resign.
“I don’t think I should,” de la Cruz said when asked why not.
De la Cruz and Flores are scheduled to be in court again next Wednesday for an arraignment and bond hearing.
Texas state Attorney General Ken Paxton, center, flanked by his staff, makes a statement at his office in Austin, Texas, Friday, May 26, 2023. An investigating committee says the Texas House of Representatives will vote Saturday on whether to impeach state Attorney General Ken Paxton. (AP Photo/Eric Gay)
Texas Attorney General Ken Paxton continues to devote much of his attention, and taxpayers’ money, trying to shut down religious organizations that provide services to legal immigrants, including Catholic Charities of the Rio Grande Valley.
Surely he has better ways to spend his time — and our money.
Paxton, who has declared war on such service agencies in the Valley, El Paso and elsewhere, has filed a writ of mandamus, asking that Catholic Charities’ executive director, Sister Norma Pimentel, be forced to submit to interrogation by the Attorney General’s Office to determine if the agency is promoting or facilitating illegal immigration or human trafficking.
Paxton subpoenaed Pimentel to appear for questioning earlier this year, but state District Judge J.R. “Bobby” Flores in July denied the subpoena. The new writ was filed with the 13th Court of Appeals but the Texas Supreme Court moved it to a new, recently empaneled court.
The attorney general certainly is well versed in playing the subpoena game. He himself has fought and dodged subpoenas in various cases against him for alleged securities fraud, bribery and corruption, as well as his impeachment by the state legislature.
His continued attacks seem an effort by Paxton, who long ago hitched his political wagon to the Donald Trump train, to keep shining a negative light on the issue of immigration, which is the GOP’s primary Trump card for the upcoming election.
Catholic Charities has provided documentation regarding its operations, which the agency says shows it receives immigrants and helps them after they have been processed by immigration officials. Under federal law, immigrants have legal status while their cases are under review.
In his 20-page petition, Paxton suggests his intent is to pull Catholic Charities’ charter, which would force it to cease all operations, not just its work with immigrants. The Respite Center that is his primary target helps many people who need it, not only migrants, and the agency provides other community services as sanctioned by the Catholic Diocese of Brownsville.
Its work has drawn international acclaim, including special praise from Pope Francis.
Clearly, Paxton is on a “fishing expedition,” as Catholic Charities stated in its response to the original subpoena; it’s looking for something that might or might not exist. That’s not how our legal system works. Investigations are undertaken only when evidence suggests that a crime might have been committed — prosecutors don’t launch such probes without evidence just because they have biases against the kinds of people an agency is serving.
Heck, if he wants to help Trump, he could even investigate whether the current wave of immigrants has affected our pet population along the border — a prospect no less reasonable than tormenting religious and charitable organizations.
The Texas Attorney General’s Office has many responsibilities to serve all the state’s residents. Paxton needs to apply more of his attention to those responsibilities, instead of continuing to pester religious organizations with no evidence that they have done anything wrong.
UTRGV vs Texas Tech during an NCCA college volleyball match Thursday Sept.12, 2024 in Edinburg, Texas.
Texas-Rio Grande Valley’s Nadine Zech, right, with a spike against Texas Tech’s Hanna Borer, left,during an NCCA college volleyball match Thursday Sept.12, 2024 in Edinburg, Texas. (Delcia Lopez | [email protected])Texas-Rio Grande Valley’s Perris Key, right, slams a ball past Texas Tech’s Reagan Leinen, left, during an NCCA college volleyball match Thursday Sept.12, 2024 in Edinburg, Texas. (Delcia Lopez | [email protected])Texas Tech’s Reagan Leinen, middle, spikes a ball past Texas-Rio Grande Valley’s Perris Key, left, and Nadine Zech, right, during an NCCA college volleyball match Thursday Sept.12, 2024 in Edinburg, Texas. (Delcia Lopez | [email protected])Texas-Rio Grande Valley’s Ilana De Assis, right, spikes a ball against Texas TechÕs Mia Wesley, left,during an NCCA college volleyball match Thursday Sept.12, 2024 in Edinburg, Texas. (Delcia Lopez | [email protected])Texas-Rio Grande Valley’s Julianna Bryant, left, and Nadine Zech, right, at the net against Texas Tech during an NCCA college volleyball match Thursday Sept.12, 2024 in Edinburg, Texas. (Delcia Lopez | [email protected])Texas Tech’s Reagan Leinen, left, spikes a ball against Texas-Rio Grande Valley’s Perris Key, right, during an NCCA college volleyball match Thursday Sept.12, 2024 in Edinburg, Texas. (Delcia Lopez | [email protected])Texas-Rio Grande Valley’s Isabella Costantini, right, slaps a ball past Texas Tech’s Brynn Williams, left, during an NCCA college volleyball match Thursday Sept.12, 2024 in Edinburg, Texas.Texas-Rio Grande Valley’s Nadine Zech , right, spikes a ball past Texas Tech’s Hanna Borer, left, during an NCCA college volleyball match Thursday Sept.12, 2024 in Edinburg, Texas. (Delcia Lopez | [email protected])Texas-Rio Grande Valley’s Julianna Bryant, left, and Nadine Zech, right, defend against Texas Tech’s Reagan Leinen, right, during an NCCA college volleyball match Thursday Sept.12, 2024 in Edinburg, Texas. (Delcia Lopez | [email protected])UTRGV vs Texas Tech during an NCCA college volleyball match Thursday Sept.12, 2024 in Edinburg, Texas. (Delcia Lopez | [email protected])Texas-Rio Grande Valley’s bench watch the action against Texas Tech during an NCCA college volleyball match Thursday Sept.12, 2024 in Edinburg, Texas. (Delcia Lopez | [email protected])Texas-Rio Grande Valley’s Perris Key, left, and Claudia Lupescu, right, defend against Texas Tech’s Allyah McDonald, left, and Hanna Borer, right, during an NCCA college volleyball match Thursday Sept.12, 2024 in Edinburg, Texas. (Delcia Lopez | [email protected])
