HARRIS COUNTY PRECINCT 6 CONSTABLE VICTOR TREVINO PLEADS GUILTY TO MISUSING TAXPAYER MONEY

HOUSTON - At the start of his trial, longtime Harris County Precinct 6 Constable Victor Trevino said he was eager to have his day in court and prove his innocence.

On Monday, he stood before the judge with his attorney by his side and changed his plea to guilty.

His storied law enforcement career that spanned more than three decades is all but over.

"The state is pleased that Mr. Trevino has finally accepted responsibility for the crime that was committed," said Asst. Harris County District Attorney Bill Moore.

By pleading guilty, Trevino is admitting he siphoned money from a charity he started in 1989 for his own personal use, including gambling at a Louisiana casino. His attorney blamed it on bad record keeping.

Trevino's decision to change his plea comes on the heels of testimony from former television reporter Wayne Dolcefino and the former Trevino employee who fed him information.

"Public officials have a fundamental responsibility to safeguard public funds and not misuse them. Our investigation clearly showed that money out of that charity was misused," Dolcefino said.

Investigators said they found checks with forged signatures and were unable to track all the money distributed by the charity.

Trevino's attorney, Chip Lewis, said his client is ready to put this matter behind him "and move forward with the next chapters of his life. Those chapters will continue to include support from all of his family and for the constituents and members of the community who always supported him."

Trevino resigned from his position Monday afternoon. He is due back in court for sentencing on Nov. 17.

NO JAIL FOR GUILTY EX-LAWMAN; OTHERS GUILTY ON LESSER CHARGES DID TIME

Since he was indicted, almost all indicted on theft charges in his precinct saw some jail or prison time, including 12 with no priors

HOUSTON (KTRK) -- Former Precinct 6 Constable Victor Trevino will serve no jail time after pleading guilty in a public corruption case in which tens of thousands of dollars went missing from a charity he oversaw.

Zero jail time stands in stark contrast to many arrested by the former constable's own officers for crimes in which far less money was involved.

ABC-13 examined every case of people indicted on theft charges in Trevino's Precinct 6 since Nov. 16, 2012, the day Trevino was indicted. There are a total of 133 cases in which less than $1,500 was stolen in the East End.

Almost all of the 133 saw some jail or prison time. Many, unlike Trevino, had prior convictions. Others were charged with crimes in addition to theft, such as assault or drug possession.

But 12 people on this list who pleaded guilty did jail time and yet had no prior Harris County convictions, court records show. And all 12 cases are misdemeanors, unlike Trevino's who pleaded guilty to a single count of misapplication of fiduciary property, a felony.

"I pleaded guilty because I am guilty," Trevino said last week before 185th District Criminal Court Judge Susan Brown handed down his sentence: 10 years probation, 150 hours of community service, a small fine and a $30,200 donation to a state-approved charity. Brown wanted the donation made anonymously by Trevino so he couldn't get any credit for it.

Trevino's lawyer now objects to the charity payment and is fighting that part of the sentence.

Some of those 12 individuals with no priors who served time include:

Jorge Tercero, who pleaded guilty to stealing four razors and a hair trimmer; he served 10 days.

Shawn Tanner, who pleaded guilty to stealing three video games and a compact disk; he served three days.

Auturo Brito, who pleaded guilty to stealing 2,435 pounds of grease; he also served three days.

Dedrick Hankerson, who pleaded guilty for stealing a camera worth less than $500; he served 30 days.

Trevino has long denied he stole anything. The former constable blamed poor record keeping and his lack of oversight as the president of CARE, the charity he founded a few years after being elected constable in 1988, as the cause of nearly $200,000 in missing money.

During sentencing, district attorney fraud examiner George Jordan connected cashed CARE checks to deposits in Trevino's personal bank accounts that were closely timed to Trevino's casino junkets. Jordan's testimony also noted the lack of additions to the nonprofit's account in the weeks before and after certain fundraising events.

His analysis showed at least $178,550 in cash deposits to Trevino or his wife's personal accounts from 2008 to 2011.

"I believe the Constable personally benefited," prosecutor Bill Moore said after the sentencing. "I think he used this money to gamble and it went into his personal accounts."

Trevino attorney Chip Lewis disagreed that the his client's actions amounted to theft.

"Everyone's attempt to turn this into a theft is a bit (disingenuous)," Lewis said. "They charged it as a substantial risk of loss to the charity. They could have charged theft if they wanted to."

But to many ABC-13 spoke with in the East End and those coming out of Harris County jail, the charges look very similar.

Nathaniel Rivera was outside the jail last week waiting to pick up someone. He noted the contrast between Trevino's sentence and how others are punished.

"Different consequences for people lower on the totem pole," Rivera said.

FORMER CONSTABLE VICTOR TREVINO AVOIDS JAIL TIME, SENTENCED TO 10 YEARS PROBATION

Longtime Harris County Precinct 6 Constable Victor Trevino won't face jail time but will remain a convicted felon.

Trevino, who pleaded guilty earlier this month to misapplication of fiduciary duty, a felony that could have put him behind bars for 10 years, will instead face 10 years probation, along with a $1,000 fine and 150 hours of community service, a judge ruled at his sentencing hearing Monday.

Prosecutors had claimed that Trevino siphoned cash from his well-known charity, Constable's Athletic Recreational and Education Events Inc. (CARE), to buy Lotto tickets and fund gambling trips to Louisiana casinos. Early this year, the Harris County DA's Office had offered Trevino what, to the rest of us regular non-elected folk, seemed like the deal of a lifetime: avoid four felony indictments by simply resigning and copping to the equivalent of a traffic ticket (a class C misdemeanor). Trevino, for whatever reason, rejected the deal, but then pleaded guilty to one felony count early this month after only one day of trial.

(For what it's worth, we here still wonder: if the case was so strong that prosecutors could goose Trevino into pleading guilty to a felony after one day of trial, then why would the DA's office offer the deal -- step down, slap on the wrist, walk away -- in the first place? You can read an explanation from assistant DA Bill More, who prosecuted Trevino, here.)

Even more details about the charges against Trevino came out at Monday's sentencing hearing -- remember, the state only got through opening arguments before Trevino entered his guilty plea. As the Chron reports, the DA's fraud investigator George Jordan connected cashed CARE checks to deposits made to Trevino's personal bank accounts that just so happened to coincide with casino trips and lottery ticket purchases. Jordan's analysis showed that Trevino or his wife deposited at least $124,000 in cashed CARE checks into their accounts from 2008 to 2011, according to the Chron.

Harris County Commissioners officially accepted Trevino's resignation last week. They're expected to announce who will serve out the remaining two years of his term sometime today.

MUG SHOT OF CONSTABLE VICTOR TREVINO RELEASED!

Harris County Precinct 6 Constable Victor Trevino faces four felony indictments related to his political campaigns, his charity and the way he ran his constable’s office.Trevino has been charged with two counts of tampering with a government document, one count of abuse of official capacity and one count of misapplication of a fiduciary duty.The latter charge is the most serious: a third-degree felony carrying a potential penalty of 10 years in prison. It is related to “improprieties in the handling of funds” for CARE, a non-profit organization operated by him, according to the Harris County District Attorney’s Office.Certified Public Accountant Bob Martin has seen the organization’s tax returns. He told FOX 26 News the documents did not meet the IRS’s minimum standards.Beyond stating lump sums for revenues and expenses, Martin says there were precious few details about how the money was actually spent.”There were checks that didn’t have any backup receipts for them,” Martin said. “They were just for lump sums and a lot of them were payable to a convenience store. It was very suspicious activity.”So where did the money go? Exactly where it was supposed to, says Victor Trevino’s attorney, Chip Lewis.”It was spent on all of the programs that he’s provided for Precinct 6 since he took office, 24 years ago,” said Lewis. “You’ll notice in all the indictments there is not one allegation of personal enrichment.”Nevertheless, there are now calls for Victor Trevino to step aside and they’re coming from the top official in Harris County.”I would hope Constable Trevino would understand the wisdom of removing himself from law enforcement until he gets this matter resolved,” Judge Ed Emmett told FOX 26 News.But the 7-term constable isn’t going anywhere, retorts his attorney.”There is absolutely no reason, given the mandate of his constituents, that he would step down and stop protecting his constituents that have resoundingly, seven elections in a row, reelected him,” said Lewis.The indictments against Trevino, which are the result of a 14-month-long investigation by the Harris County District Attorney’s Office Public Integrity Division, also accuse the constable of using his elected position to induce on-duty uniformed deputy constables to drive county vehicles to serve eviction and property vacate notices that were not relating to their employment; and of presenting campaign finance reports that failed to include mandatory contribution information, as required by law.On Friday, Trevino was taken to Harris County jail where he went through the bonding process. A court date has not been scheduled.Lewis says about 8 months ago, Trevino resigned his position with the non-profit organization CARE, which has been disbanded and is no longer in operation.

LAWSUIT: VICTOR TREVINO TAINTING POTENTIAL WITNESSES

Former Harris County Precinct 6 officer alleges retaliation and discrimination in a federal lawsuit

HOUSTON (KTRK) -- On the eve of a trial of Victor Trevino, one of Harris County's most prominent law enforcement chief's, a former deputy is alleging retaliation and discrimination in a federal lawsuit and said that Trevino is trying to paint him and others negatively in order to tarnish them as possible witnesses.

The man behind these accusations is former Harris County Precinct 6 Constable's officer Jarrell Caldwell, who said he was forced to resign with a "dishonorable" discharge in October of 2013.

Up until then, he was promoted and Caldwell said he had strong performance reviews at the office. And Caldwell was a Precinct 6 insider, working there for 14 years and was even one of Trevino's biggest single campaign donors with a $1,500 contribution, according to a 2012 report.

But after Trevino was re-elected -- and indicted -- Caldwell said Trevino squeezed Caldwell out of his job and kept him from getting a new one with the "dishonorable" tag.

Trevino says it was due to Caldwell's untruthfulness, which Caldwell denies.

"The name of the game is discredit before they testify," said Caldwell attorney Larry Watts.

Read the entire lawsuit here.

Trevino, Harris County's Precinct 6 Constable, is accused of four separate crimes, including one that he took money for personal use from a charity he founded. His trial comes in the wake of a series of investigative reports by ABC-13.

The long awaited trial started Thursday.

Prosecutors built their case against Trevino, at least in part, with grand jury testimony from some of Trevino's employees, including some of whom no longer work at the agency.

Caldwell may not be a witness in the Trevino trial, but has met repeatedly with prosecutors.

"I think they suspected Jarrell Caldwell knew more than they wanted him to tell... at trial," Watts said.

And it's not just Caldwell, according to the lawsuit. Tyrone Berry was a longtime senior staffer at Precinct 6.

Berry has been subpoenaed to testify at trial and also met with the grand jury that indicted Trevino.

Months after Berry testified he, too, was given a dishonorable discharge by Trevino.

In addition to disputing the dishonorable discharges, Caldwell's lawsuit outlines that Trevino has not been as harsh with some of his staffers who left his office -- even after being convicted of crimes.

Some examples in the lawsuit:

Reserve Deputy Tomas Roque pleaded guilty to guarding a cartel deliver cocaine across Houston in return for $2,000 while in his Precinct 6 uniform, according to the lawsuit.

He was given a general discharge, not a dishonorable one.

Mark Timmers was convicted of theft, but the lawsuit says, he was given a general discharge as well.

And according to the lawsuit, so was reserve Deputy Jose Castillo who was convicted of murder.

Officials with the Harris County Attorney's Office said they were aware of this federal suit but have not yet responded.

We asked Trevino if he was trying to discredit potential witnesses.

Trevino was silent, except to say, "Everyone is treaHOUSTON (KTRK) -- On the eve of a trial of Victor Trevino, one of Harris County's most prominent law enforcement chief's, a former deputy is alleging retaliation and discrimination in a federal lawsuit and said that Trevino is trying to paint him and others negatively in order to tarnish them as possible witnesses.

The man behind these accusations is former Harris County Precinct 6 Constable's officer Jarrell Caldwell, who said he was forced to resign with a "dishonorable" discharge in October of 2013.

Up until then, he was promoted and Caldwell said he had strong performance reviews at the office. And Caldwell was a Precinct 6 insider, working there for 14 years and was even one of Trevino's biggest single campaign donors with a $1,500 contribution, according to a 2012 report.

But after Trevino was re-elected -- and indicted -- Caldwell said Trevino squeezed Caldwell out of his job and kept him from getting a new one with the "dishonorable" tag.

Trevino says it was due to Caldwell's untruthfulness, which Caldwell denies.

"The name of the game is discredit before they testify," said Caldwell attorney Larry Watts.

Read the entire lawsuit here.

Trevino, Harris County's Precinct 6 Constable, is accused of four separate crimes, including one that he took money for personal use from a charity he founded. His trial comes in the wake of a series of investigative reports by ABC-13.

The long awaited trial started Thursday.

Prosecutors built their case against Trevino, at least in part, with grand jury testimony from some of Trevino's employees, including some of whom no longer work at the agency.

Caldwell may not be a witness in the Trevino trial, but has met repeatedly with prosecutors.

"I think they suspected Jarrell Caldwell knew more than they wanted him to tell... at trial," Watts said.

And it's not just Caldwell, according to the lawsuit. Tyrone Berry was a longtime senior staffer at Precinct 6.

Berry has been subpoenaed to testify at trial and also met with the grand jury that indicted Trevino.

Months after Berry testified he, too, was given a dishonorable discharge by Trevino.

In addition to disputing the dishonorable discharges, Caldwell's lawsuit outlines that Trevino has not been as harsh with some of his staffers who left his office -- even after being convicted of crimes.

Some examples in the lawsuit:

Reserve Deputy Tomas Roque pleaded guilty to guarding a cartel deliver cocaine across Houston in return for $2,000 while in his Precinct 6 uniform, according to the lawsuit.

He was given a general discharge, not a dishonorable one.

Mark Timmers was convicted of theft, but the lawsuit says, he was given a general discharge as well.

And according to the lawsuit, so was reserve Deputy Jose Castillo who was convicted of murder.

Officials with the Harris County Attorney's Office said they were aware of this federal suit but have not yet responded.

We asked Trevino if he was trying to discredit potential witnesses.

Trevino was silent, except to say, "Everyone is treated fairly and equally at our precinct."

If convicted, Trevino faces 10 years in prison.

Even though the series of ABC-13 stories ran in 2011 and Trevino was indicted in November 2012, he remained popular in the East End.

He won the Democratic primary in May 2012 and handily won re-election in November.

CONSTABLE VICTOR TREVINO INDICTED BY GRAND JURY ON 4 COUNTS

HOUSTON -- Harris County Precinct 6 Constable Victor Trevino was indicted Friday on four felony charges. The 14 month long investigation of Trevino was sparked by our own 13 Undercover probe into his office.

13 Undercover started its work after an outcry from employees. Over months, the reports detailed questionable spending and record-keeping inside the Precinct 6 constable's office. Trevino's lawyer calls these technical violations. Texas law calls them felonies that could send the long-time constable to prison.

The first charge is misapplication of fiduciary property, in which Trevino allegedly did not document where he spent thousands in cash donations to his CARE charity. The two counts of tampering with government records are for alleged campaign donations accepted, but never reported. And the last charge is abuse of official capacity. Trevino allegedly used on-duty employees to deliver eviction and vacate notices, something that shouldn't be paid for with tax dollars.

For 23 years, Trevino has been an elected constable; arguably Houston's most well-known lawman and biggest east side community booster. But as this grand jury investigation closed in on him, the normally camera happy constable went quiet.

It was the constable's own employees who reached out for help, sending 13 Undercover anonymous letters a year and a half ago begging, "please help us at Precinct 6." A former employee told 13 Undercover that employees felt pressured to donate their own money and their taxpayer paid time to Trevino's charity and his political campaign to keep the jobs your tax dollars pay them to do.

Former Precinct 6 employee Anna Nunez had a front row seat in Trevino's back office.

Wayne Dol13 Undercover started its work after an outcry from employees. Over months, the reports detailed questionable spending and record-keeping inside the Precinct 6 constable's office. Trevino's lawyer calls these technical violations. Texas law calls them felonies that could send the long-time constable to prison.

The first charge is misapplication of fiduciary property, in which Trevino allegedly did not document where he spent thousands in cash donations to his CARE charity. The two counts of tampering with governcefino: You thought this was a shakedown?

Anna Nunez: Absolutely.

She personally collected some of the money from deputies; cash bound for Trevino's charity and campaign

"What made me upset was seeing officers on their own time pulling out cash and personal checks," said Nunez. "They all feared for their jobs."

Trevino told 13 Undercover in August 2011,"To make anyone feel compelled or forced to volunteer to participate is not acceptable."

He denied it then, and his lawyer has since. But emails 13 Undercover unearthed last year show deputies complaining about Trevino's drumbeat for charity donations, "he's killing us," one wrote. Supervisors emailing underlings, "do I have to remind you who you work for?"

The grand jury failed to indict Trevino with pressuring employees to donate, but did say that some donations were improperly or in some cases never reported.

And when it came to spending charity money, Trevino couldn't provide many receipts. 13 Undercover showed thousands of dollars in checks cashed at east side convenience stores with little record of where the money was spent.

Wayne Dolcefino: When I see checks like this, you are not buying chips and drinks, you're cashing checks.

Constable Victor Trevino: That's possible.

Dolcefino: You are or you aren't?

Trevino: Of course.

Trevino called it sloppy but insists the money helped needy neighbors and did not line his own pocket. His lawyer blames bad accounting.

And then there's the way Trevino dispatched his deputies. 13 Undercover found evidence that the constable used on-duty, uniformed deputies to serve eviction and property vacate notices. They were $20 a piece, and the money went right to the command staff with little to no record of where the money was spent.

Earlier Friday, Constable Trevino went before the grand jury to testify for the second time. More than 165 people were interviewed during the grand jury's investigation.

In past interviews, Trevino acknowledged that he became lax. On Friday, Trevino's attorney insisted the constable never lined his owned pockets.

"Not one witness in all that they called, not one record said that Victor Trevino used any of this money to personally enrich himself," said attorney Chip Lewis.

He called the indictment a "product of old school law enforcement meets modern regulations," referring to the fact that Trevino is not a professional accountant.

Harris County Judge Ed Emmett told us on Friday that Trevino should step aside immediately, at least until the charges are settled. Texas law allows Trevino to serve under indictment. And his lawyer says Trevino plans to do just that.

If convicted, Trevino could go to prison for 24 years. He faces up to 10 years in prison and up to a $10,000 fine if convicted on the misapplication charge and six months to two years in state jail and up to a $10,000 fine on the other charges if convicted.

This is the latest in a series of county employees indicted on felony charges in the past year.

You probably remember the scene outside FBI headquarters just hours after former Harris County Constable Jack Abercia was arrested back in January. Abercia was charged in a 13 count indictment that accused him of bribery and conspiracy.

Just days before Abercia's arrest, former Harris County Commissioner Jerry Eversole pled guilty to lying to investigators as part of a deal to avoid jail time. He was originally accused of accepting bribes.

All three of these indictments followed extensive 13 Undercover investigations. You can see those reports on abc13.com anytime by clicking on 13 Undercover tab on the left-hand side of the home page.

Stay with Eyewitness News and abc13.com for the latest on this story.

TREVINO SENTENCED TO 10 YEARS OF PROBATION

Ex-constable put on probation, fined and ordered to 150 hours of community service after pleading guilty amid fraud accusations

Former Harris County Precinct 6 constable Victor Trevino, who pleaded guilty in a public corruption case this month, was sentenced on Monday to 10 years of probation - avoiding incarceration for his criminal activity and capping a 40-year law enforcement career by becoming a felon.

He faced a maximum of 10 years in prison.

Trevino, 62, also was fined $1,000 and ordered to perform 150 hours of community service. Prosecutors and the former constable's defense team were working to determine a restitution figure.

Before 185th District Criminal Court Judge Susan Brown handed down the sentence, Trevino testified: "I pleaded guilty because I am guilty."

He said that his admission to a single count of misapplication of fiduciary property, a third-degree felony, was associated with his lack of oversight as the president of CARE, a charity he founded a few years after he was elected constable in 1988.

When asked by prosecutor Bill Moore if he used his position of trust as a public servant and his leadership of the nonprofit for personal gain, Trevino said no, but expressed regret that his actions had caused "suspicion" and "confusion."

Trevino pleaded guilty on Nov. 3, one day after trial began on allegations that he diverted money from his charity for personal use.

The three-hour sentencing hearing on Monday included testimony from Harris County District Attorney's Office fraud examiner George Jordan. He detailed Trevino's wrongdoing by connecting cashed CARE checks to deposits in Trevino's personal bank accounts that were closely timed to the constable's trips to casinos and lottery ticket purchases. The fraud examiner's testimony also noted the lack of additions to the nonprofit's account in the weeks before and after certain fundraising events. The analysis showed at least $124,000 in cash deposits to Trevino or his wife's personal accounts from 2008 to 2011.

Financially unstable

The investigation led the fraud examiner to a surprising conclusion about a veteran lawman whose annual household income exceeded $200,000: "He appeared to not be as financially stable as I expected."

The defense called character witnesses for the former constable, including his younger sister, Nelly Trevino Santos - a lawyer and Houston municipal court administrator - and eldest son, Victor Trevino III, a public school teacher.

Trevino Santos recounted the family of nine children's impoverished East End upbringing. The constable's son spoke admirably of his father's story as a Mexican immigrant who became a HPD officer and then a trusted law enforcement leader who remained committed to the community who nurtured him. Part of his father's efforts to ensure poor kids had the equipment they needed for Little League teams had been through CARE - the Constable's Athletic Recreational and Educational Events Inc.

Harsher than asked for

Both asked Brown to sentence Trevino to deferred adjudication, which would have allowed the former constable to sidestep a felony on his record. The judge rendered a harsher punishment.

Upon leaving the courtroom, Trevino offered a brief statement, saying, in part: "I will continue to serve our community as the court wishes and I will comply with the orders of the court. To all the people: I thank them for their support."

After the sentencing, prosecutor Moore said he thought probation was appropriate because Trevino never admitted responsibility for his wrongdoing.

"This closes a very dark chapter at Precinct 6. I can only hope now that the hard-working deputies at Precinct 6 can be judged on their policing skills as opposed to their ability to raise money to line the constable's pockets," the Harris County assistant district attorney said.

'10 years is a long time'

The sentence incensed former Precinct 6 employees who said they were wrongly terminated.

"He should have gotten jail time," said Lisa Bullocks, who said her attorney will be refiling her employment discrimination case now that Trevino has pleaded guilty to corruption.

Takila James, a former Precinct 6 sergeant for Gulfgate Mall, said she was fired in June because of a clerical error and has an open U.S. Equal Employment Opportunity Commission complaint.

"We gave money, trusting him, and he used this money for his personal gain," she said. "He still fails to take responsibility ... but 10 years of probation is a long time to be straight and narrow."

East End community members met Monday night to discuss the candidates they'd like to see replace Trevino, who resigned on Nov. 11.

Harris County commissioners must select someone to serve out the remaining two years of the former constable's four-year term. A replacement is expected to be announced on Tuesday when commissioners officially canvass the results of the Nov. 4 election.