The assault charge against former Edinburg City Manager Juan Guerra has been dropped.
Edinburg police arrested Guerra on Jan. 15 and accused the former official of shoving his ex-fiance to the ground, causing her to bang her head on furniture during a Dec. 15 domestic dispute.
Guerra consistently denied the allegation and before turning himself in, he held a press conference where he accused his former partner, Miriam Cepeda, of extortion.
At the time, Cepeda had been employed with the city of Edinburg as a legislative affairs liaison.
The motion to dismiss the complaint, which was granted and signed by a judge on July 1, cites three reasons for the dismissal, including the interest of justice, because Cepeda requested the dismissal and because Guerra took an anger management class.
In a prepared statement, Guerra said he is relieved.
“While I feel relieved to have been vindicated legally, I am extremely aware that some may still find me guilty in the court of public opinion. Even though in this country we are innocent until proven guilty, my professional public reputation has been tarnished by the mere presumption of having committed these salacious allegations,” Guerra wrote.
The case against Guerra began to unravel after a hearing on Cepeda’s request fo a protective order that occurred between Feb. 6 and 10.
On Feb. 23, state District Judge Israel Ramon Jr. ruled that Cepeda did not meet her burden of proof on the issue of whether family violence occurred in the past and whether it is likely to occur in the future.
Following that hearing, on Feb. 24, Guerra’s attorney, Reynaldo M. Merino, wrote a legal opinion suggesting the Edinburg police investigation into his client would fail at trial on the grounds that since Cepeda was not successful in the protective order hearing, the state likely would not prevail in the criminal trial.
“Based on what occurred in the protective order hearing, I have respectfully asked the State to reject the criminal case. If the State still files the case, I can confidently opine that Mr. Guerra will not be convicted of the alleged assault.
“If the accuser and State could not muster evidence under the lower burden of proof in the protective order hearing (by a preponderance of credible evidence), then it is extremely unlikely that the identical allegation of past violence can be proven beyond a reasonable doubt in criminal trial,” Merino wrote.
In May, Cepeda signed an affidavit of non-prosecution.
As for Guerra’s extortion allegation, at a press conference before he turned himself into face the charges, he provided a three-page letter titled “List of items to mend Miram’s heart” that held a number of requests, including that Guerra buy her a new iPhone; pay for flights and hotel stays in Boston and Peru; a full payment of her vehicle; wedding expenses; and a honeymoon trip to Europe for two.
“Per Juan’s request, I will sign an NDA with $120,000 as consideration (including $60,000) by end of week, but only with agreement of the aforementioned items. I will file protective order on Mr. Juan G. Guerra & Mrs. Lucyadira Guerra, if non-negotiable terms are not met,” the letter states.
Guerra also signed an affidavit of non-prosecution in May on his extortion allegations.
In his statement, Guerra said violence against women is a serious crime, but so are wrongful accusations.
“To begin, I have the utmost respect for women and have worked my entire professional career lifting up those who merit advancement. I am proud of my record of respecting, encouraging and empowering women as leaders throughout my 20 years in public service, as evidenced by my work in Pharr and Edinburg,” Guerra wrote. “I truly believe violence against women is a serious crime. So is wrongful accusation.”
He also reiterated his denial of the accusations brought against him.
“In December 2019, I had serious allegations brought against me. As I stated in my January 2020 press conference, I did not physically or sexually assault anyone. I also refused to be extorted, so I rightfully challenged the allegations. In February, after hearing both sides testify under oath, a court of law ruled that no family violence had occurred in the past and was not likely to occur in the future. As such, I have been vindicated from any allegations made against me regarding the serious and inexcusable crime of domestic violence, the statements I made at the press conference were proven true,” Guerra wrote.
He also pointed to his accomplishments throughout his career in public service, including volunteering for military service after the Sept. 11, 2001, attack; lowering taxes, improving government efficiency, raising employee morale and productivity; improving public safety; and working to bring a better quality of life for all residents in the communities where he has worked.
“Though I am not a perfect person — no one is — I have lived an honorable life and I am proud of my successes and accomplishments. It is my hope that these positive contributions to my country and society be my legacy.
“Lastly, I would like to apologize to the public for having a very private relationship put in the public arena, and for any perception of impropriety on my part. I also ask that the public understand that there are two sides to every story, and the truth should always prevail. I have no ill will for anyone in this situation. I wish them all a happy and blessed life filled with love and good health,” Guerra wrote.
