Tuesday 23 February 2016

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.

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