Michelle Allen, who previously pleaded guilty to Theft and Misapplication of Fiduciary Property, was sentenced to 12 years in prison, and ordered to pay $246,380.75 in restitution by the Honorable 81st Judicial District Judge Lynn Ellison. Allen asked for mercy and requested probation, while our office asked for the maximum 20 years in prison. Allen destroyed our victims’ business, but also violated their trust as employers and friends. We hope her prison sentence will provide some sense of justice and closure. The case could not have been prosecuted without the persistent work of Chief Bruce Richey and his staff at the La Vernia Police Department, as well as my dedicated prosecutors, Marc Ledet and Lorena Whitney.
Karnes County- Guilty Plea Leads to 10 Year Prison Sentence
On August 22, 2019 Betty Guevara Moreno pled guilty to Intoxication Manslaughter, and was sentenced to 10 years in prison. On December 6, 2015 Moreno crashed her vehicle into a semi- truck, causing the death of her passenger, Jose Mejia. Moreno’s blood tested positive for methamphetamine the night of the crash. Moreno’s sister was also injured in the crash. It has been a long road to justice for the family in this case, and it is our sincerest hope that this sentence can provide some closure, and allow the family to move forward and heal.
It is important to remember that intoxication can be caused by illegal drugs as well as prescription drugs, not just alcohol. Please be safe when driving, and consider the safety of yourself and others on the roadways when getting behind the wheel of a vehicle
ATASCOSA JURY CONVICTS MAN OF AGGRAVATED KIDNAPPING AND SENTENCES HIM TO 18 YEARS IN PRISON
On August 14, 2019, an Atascosa County jury convicted Irving Echeveria-Gutierrez of Aggravated Kidnapping. The jury heard evidence that on April 4, 2018, the Defendant and his co-defendant drove from Temple to Pleasanton, where Gutierrez and his co-defendant kicked in the door of Sylvia Casias, who was home with her 8 grandchildren. Armed with two 9mm handguns and an AR-15 with 50 rounds of ammunition, the defendants demanded money, drugs, and jewelry. When Mrs. Casias failed to give the defendant and his partner those things, Mrs. Casias was kidnapped at gun point, and told the family would have to pay.
A family member was able to assist deputies with using Mrs. Casias’s find my iPhone feature to track her phone and approximately an hour later, the Guadalupe County Sheriff’s Office was able to stop the car she was being held in near Seguin and recover her safely.
Evidence was also heard that this defendant was from Mexico and was in this country illegally.
The jury sentenced the defendant to 18 years in prison where he will have to serve at least half of his sentence before being eligible for parole. He currently has a hold on him from ICE, and once released from custody, will have deal with federal immigration law in place at the time of his release.
His co-defendant bonded out of jail, did not return to court, and has an active warrant for his arrest. The United States Marshall’s Fugitive Task Force has been notified and are assisting with his apprehension.
The District Attorney’s Office would like to thank Sgt. Kevin Draughn for his fast action in locating the victim using the iPhone feature, Lt. Max Peralta for racing across town to assist in the rescue, and the investigative efforts of Major Matt Miller and the rest of the team at the Atascosa County Sheriff’s Office for putting together a solid case. Also, the Guadalupe County Sheriff’s Office and the Texas Department of Public Safety did an amazing job locating the vehicle, stopping the car, and safely apprehending the suspects and rescuing the victim without anyone being harmed.
We thank the jury for their service, and encourage our community to continue to support the justice system by answering your jury summons and serving. It is your opportunity to decide what you believe is appropriate in cases such as this.
ATASCOSA CHILD MOLESTER GETS 18 YEARS IN PRISON
Joseph McCann, 25, was sentenced by Judge Lynn Ellison to 18 years in prison for the horrific aggravated sexual assaults of two young children, McCann’s cousins. McCann has previously pled to a cap of 25 years in prison for the sexual assaults, and asked the judge for leniency. A cap means the judge could have sentenced the defendant anywhere from probation up to 25 years. We hope the courage and strength of our victims will encourage other abuse victims to come forward. Their bravery will prevent McCann from brutalizing other children for years to come.
KARNES COUNTY MAN SENTENCED TO 12 YEARS IN PRISON FOR AGGRAVATED SEXUAL ASSAULT OF A CHILD
On July 30, 2019, Juan Escalante Avalos was sentenced to 12 years in prison for Aggravated Sexual Assault of his stepdaughter. The Honorable Russell Wilson heard the case, and after Avalos asked the judge for probation, Judge Wilson sentenced Avalos to prison. Thank you to the Children’s Alliance of South Texas, law enforcement, Texas DPS Crime Lab, and all those involved in bringing this case to justice. Most importantly, we want to commend the bravery of our young victim, who had the courage to speak out!
KARNES COUNTY MAN GETS 10 YEARS IN PRISON FOR CHURCH ARSON
As Karnes County jurors sat ready to hear the case, Nicholas Friesenhahn pleaded to 10 years in prison and 2 years in state jail for the arson and burglary of Good Shepherd Lutheran Church in Kenedy on March 22, 2017. Friesenhahn was taken into custody immediately.
We are grateful to provide some measure of justice to the members of the church. This would not have been possible without the dedication of President Leo Janysek, Jr., and Pastor Wally Schievelbein. We also would like to acknowledge the hard work of the State Fire Marshal, the Kenedy Police Department, District Attorney Analyst Karen Dziuk, and Assistant DA Raneca Henson. Each of these individuals and agencies was instrumental in seeing that justice was served.
FALLS CITY ATM THIEF SENTENCED TO 4 YEARS IN PRISON
Last week, Edward Joseph Freeman pled to 4 years in prison for the October 2018 incident in which Freeman and two others stole and badly damaged the Falls City National Bank ATM. Charges remain pending for the two other individuals.
ATASCOSA COUNTY JURY FINDS MAN ON PROBATION FOR IMPERSONATING A PUBLIC SERVANT GUILTY OF UNLAWFUL POSSESSION OF A FIREARM AND BODY ARMOR BY A FELON
On Wednesday, June 19, 2019 an Atascosa County jury found Brian Matew guilty of the offenses of Unlawful Possession of a Firearm by a Felon and Unlawful Possession of Body Armor by a Felon. The case was tried in the 81st/218th District Court of Atascosa County with Judge Russell Wilson presiding.
The jury heard evidence that on September 15, 2017, Chief Henry Dominguez with Atascosa County Animal Control was passed by a vehicle traveling speeds of around 100mph on Highway 16 north of Poteet. He could not safely catch up to the vehicle, so he asked for assistance from Atascosa County Sheriff’s Office and along with Deputy Caleb Bunch, they were able to stop the vehicle.
A search of the vehicle was done for officer safety and a 9mm handgun was recovered from the front seat of the vehicle. After the recovery of the handgun, the defendant admitted to being a convicted felon. It was later found that he was currently on probation in Bexar County for the felony offense of Impersonating a Public Servant for dressing as a police officer and claiming to be a police officer on an application that allowed him to work as a courtesy officer for an apartment complex in Castle Hills.
After finding a handgun, a bullet proof vest with a badge resembling those worn by law enforcement was recovered from the trunk of the vehicle. Body armor is also illegal to be possessed by felons. Along with the vest, Chief Dominguez found handcuffs, radios similar to those used by police, another bullet proof vest cover, a black polo shirt with “Police” written on the back, as well as tools and equipment designed or adapted to enter locked vehicles.
After his arrest and indictment for these offenses, a motion to revoke his probation was filed for his Impersonating a Public Servant conviction in Bexar County. Instead of revoking his probation, a judge in Bexar County granted the defendant an early discharge from probation and a rare order granting judicial clemency, which operates similar to a Governor’s pardon.
Using this order of clemency, the defendant argued he was no longer a convicted felon and should not be held responsible for this crime, even though he was a felon at the time of the offense. The jury did not buy this backdoor effort to avoid responsibility and returned a swift verdict of guilty.
Bradlee Thornton and Adrianna Biggs prosecuted the case for the District Attorney’s Office. We are especially thankful to Chief Henry Dominguez and ACSO Deputy Caleb Bunch for their efforts on this case. We are also thankful to Texas Ranger Shane Staley who testified as our firearms expert about the firearm in this case and for the efforts of all others involved in the arrest and prosecution.
The defendant is scheduled to be sentenced by Judge Russell Wilson on September 5, 2019.
KARNES WOMAN FOUND GUILTY OF FELONY ASSAULT ON A CPS INVESTIGATOR
A Karnes County jury found Heather Marie Ramirez guilty of the 3rd degree felony offense of Assault on a Public Servant. Ramirez was convicted of assaulting a Department of Family and Protective Services employee, who was attempting to enforce an Emergency Removal Order for two of her minor children.
Ramirez elected to... have the judge sentence her. The range punishment in this case is anything from probation up to 10 years in prison, and up to a $10,000 fine. Her sentencing date is July 30th.
We are thankful to the Department of Family and Protective Services for keeping children safe. They have a difficult job, and deserve our respect and protection.
We appreciate the time, attention, and service of our jurors, Asst. District Attorney Raneca Henson for presenting the case to the jury, and law enforcement for investigating the case.
JOHN WACLAWCZYK PLEADS GUILTY TO CAPITAL MURDER, AND A SENTENCE OF LIFE WITHOUT PAROLE
On the one year anniversary of the heinous murders of Justine Hosseini and Andrew Toscano, John Waclawczyk pleaded guilty to Capital Murder, a sentence of life without the possibility of parole, and waived his right to appeal. It’s been a very difficult and painful year for Justine’s and Andrew’s families. We hope this plea gives them some sense of justice, healing, and peace. We are thankful for the investigation of Poth Police Department, the Texas Rangers, and Wilson County Sheriff’s Office.
