Judge won’t oversee former constable’s criminal case
A state district judge here has recused himself from handling the criminal case of a former Bexar County constable because of a photo of the two of them that she posted on social media.
Former Precinct 2 Constable Michelle Barrientes Vela has been awaiting trial since her indictment in January 2020 on six charges stemming from her time in office, including a complaint that she extracted money from a family for security fees at a picnic area at a West Side park.
Her case was assigned to Judge Ron Rangel in the 379th District Court, where she has appeared for hearings.
Rangel said he decided to recuse himself after learning that a photograph showing both of them at a human trafficking conference in 2018 was posted on Vela’s Facebook page.
“Perception is everything,” Rangel said Wednesday. “The law said there was no conflict, but I didn’t want to add any kind of question. I am careful about wanting to ensure that the public is confident.”
Rangel was the keynote speaker at the trafficking conference and organizers asked the attendees to line up to take pictures with him, he said.
“Apparently, she was one of those folks, and she posted her picture on her Facebook page,” he said.
Court records indicate that the order to transfer Vela’s case to Judge Velia Meza in the 226th District Court was signed March 30. Vela’s trial is set for May 3 but likely will be delayed because jury trials are still on hold as precaution against the coronavirus pandemic.
Vela is facing one count of aggravated perjury and two counts of tampering with or fabricating evidence. Those offenses are thirddegree felonies. Vela also is charged with three counts of official oppression, a Class A misdemeanor.
Also indicted was former Precinct 2 Constable Capt. Marc Duane Garcia, who worked for Vela. He faces one count of aggravated perjury and three counts of official oppression.
The charges stem from her three years in office, which were marred by staff problems and allegations of improper collection of fines and security fees.
Vela, a Democrat, found herself dogged by controversy almost as soon as she took office in 2017. Several of her employees filed grievances and lawsuits against her, and she clashed with several other elected officials.
One of the charges in the indictment stems from an incident at a pavilion at Rodriguez Park on Easter Sunday 2019. Vela is accused of altering, destroying or concealing a cash log detailing payments she allegedly took from a family having a holiday picnic there.
Vela said the family had canceled their pavilion reservation, and it was hers. A park manager confirmed the family had not canceled.
The family using the pavilion said Vela demanded immediate payment of $50 an hour for security to be paid to her and a deputy constable when they refused to give up the spot. The family said they ran out of cash after paying $300.
Vela was charged with tampering with evidence, but not for taking the money.
Vela and Garcia face official oppression and perjury charges involving the treatment of two constable employees: Leonicio Moreno, once Vela’s chief deputy; and former Deputy Constable Chris De La Cerda. Both have sued her in state and federal court for discrimination.
Both Vela and Garcia are accused of making false statements while under oath to obtain an arrest warrant against Moreno for allegedly altering training records. Citing a lack of evidence, the Bexar County District Attorney’s Office declined to prosecute Moreno.
If convicted, Vela and Garcia could face up to 10 years in prison on each felony count and one year for each misdemeanor.
A defense request to have separate trials on the different charges was granted in February.