Pubdate: Thu, 28 Sep 2000
Source: Laredo Morning Times (TX)
Copyright: 2000 Laredo Morning Times
Contact:  P.O. Box 2129, Laredo TX 78044
Fax: 956-724-3036
Website: http://www.lmtonline.com/
Author: Robert Garcia, staff writer
Related: http://www.mapinc.org/drugnews/v00/n1439/a09.html

JOSE JUAN RUBIO SENTENCED TO 18 MONTHS IN CORRUPTION CASE

Government witness Jose Juan Rubio Wednesday received an 18-month prison
sentence for his participation in Webb County's extortion case and for his
cooperation with the FBI to manage the conviction of his uncle and cousin
for the same crime.

Rubio also received 16 months in an unrelated drug case he had pending in
Louisiana. The sentences will run concurrent.

Dressed in an orange jail uniform, the 34-year-old Rubio appeared before
Chief U.S. District Judge George Kazen. In the courtroom, Rubio's father
and other family members listened, along with FBI agents and members of the
press, as the hearing got underway.

Despite his double sentence, Rubio, having been in detention for 14 months,
could be released from federal custody as early as Thursday if the Federal
Bureau of Prisons grants him "good time," which is granted in the federal
prison after being held for one year. However, that does not mean Rubio
will walk out of jail.

The 49th District Drug Impact Court has issued a detaining order for Rubio
for violating his 1995 probation status after pleading guilty to the
Louisiana drug charges.

Special Prosecutor Olivero Canales, who was appointed by District Attorney
Joe Rubio to handle the case in 1995, sentenced Jose Juan Rubio to five
years probation.

Currently, Rubio is set to appear at Webb County's Drug Impact Court on
Oct. 17 as the special prosecutor is seeking to have his probation revoked.

As one of the government's key witnesses in the corruption case, Rubio was
on the witness stand several hours during the five-week August racketeering
trial of his uncle Jose M. Rubio and cousin, Carlos Rubio.

While Jose Juan Rubio was indicted along with his family members, he turned
government witness and testified that he was working with his uncle in a
scheme to fix state charges against defendants in exchange for cash.

Rubio's testimony also involved his cousin, Carlos. He told the jury that
he overheard his uncle and cousin discussing charging $18,000 to an
individual to fix his weapons possession case.

The jury convicted Jose M. Rubio, his son Carlos and two of his district
attorney cousin's investigators, Agustin Mendoza and Alfonso Rodriguez,
plus bail bondsman Gregorio Casta=F1eda. All are awaiting sentencing.

At Wednesday's sentencing proceedings the government came to bat for Rubio
as Assistant U.S. Attorney Don DeGabrielle made a motion asking Judge Kazen
to consider lowering Rubio's mandatory punishment level, which ranged from
21 to 27 months, and reduced to the range of 15 to 21 months.

DeGabrielle's recommendation was to sentence Rubio to 16 months because he
cooperated fully and truthfully.

DeGabrielle told the court to consider that Rubio had to testify against an
uncle and cousin and even a, "third family member's administration."

It's problematic for a family member to offer testimony. There are problems
that arise even outside of the courtroom when you consider one family
member testifying against another, DeGabrielle explained to the court.

Rubio was represented by attorney Amador Gutierrez, who was standing in for
his wife, attorney Teresa Hunter Gutierrez, who continues to recover from
injuries she sustained after a fall at her home some weeks ago.

Kazen cautioned Rubio that he did not have to go on with his sentencing on
Wednesday.

The court was willing to wait two more weeks so that his appointed attorney
could be in court.

Gutierrez told the court that Rubio and his family had agreed to allow him
to represent Rubio during the proceedings.

Kazen then turned to Rubio and asked if he had anything to say to the court
concerning the corruption case.

Rubio answered, "I was honest and took responsibility for my actions."

The defendant also explained that he had already been in jail 14 months
after being held in a Louisiana prison for nine months, three at a Pearsall
facility and a month at the Webb County jail.

Gutierrez then told the judge that Rubio already had employment once he was
released from custody because Laredo rancher C.Y. Benavides had promised
Rubio a job on his ranch.

Kazen asked, "Your going to be a cowboy?"

The judge then urged Rubio to seek further education and not be satisfied
with just working on a ranch all his life.

As to his family's life, Rubio told Judge Kazen that his wife and child
were living with his in-law because they had been unable to pay the
mortgage.

Kazen then turned to the sentencing process, and after hearing the
government's recommendation, sentenced Rubio to 18 months and waved a fine
in exchange for 100 hours of community service.

Rubio objected to the community service hours and asked that he be fined.

His attorney touched Rubio's shoulder and apparently told him not to object
to the court's decision.

Kazen explained to Rubio that if he levied a fine against him it would
amount to about $4,000.

Rubio then agreed to the 100 hours of community service, which then
actually turned into 200 hours. Once released from federal custody, the
defendant will be placed on three years of supervision.

Judge Kazen also sentenced Rubio on his 1998 Louisiana drug case.

Kazen questioned why that drug case was transferred to his court from the
United States Western District.

DeGabrielle told Kazen that the Louisiana federal prosecutor had agreed to
have Rubio sentenced in Laredo for his drug case along with the corruption
case.

Rubio pleaded guilty in Louisiana to a single count charging him with using
the telephone in the commission of a felony.

Kazen questioned Rubio over his participation in the 1998 drug case, which
also involved his cousin Carlos Rubio.

The defendant explained that he was not involved in the shipment or
handling of the 33 pounds of marijuana. Rubio said he called a person who
owed Carlos Rubio money on the drug shipment.

Kazen asked Rubio why he made the call.

Rubio said he called claiming to be the owner of the drugs in order for
Carlos to get paid.

The judge asked him if he was calling claiming to be a pistolero or Mafioso
and threatened the person.

Rubio said 'no' and that he only claimed he was the owner of the marijuana.

The court also learned for the first time that Carlos Rubio had also
pleaded guilty in the same Louisiana case and was sentenced to 18 months,
but had yet to begin serving his time.

After listening to additional statements from Rubio, including the fact
that he had a minimal participation in the Louisiana narcotics case, Judge
Kazen sentenced him to 16 months in jail to run concurrent with the
corruption case sentence of 18 months.

Rubio will also have to serve an additional 100 hours of community service
and will not pay a fine.

After the proceedings, Gutierrez said they were satisfied and pleased at
the outcome of the sentencing.

"Now, his family only wants to help him maybe set up a business or
something so that he can put his life back," said Gutierrez.

Rubio's father thanked FBI agents as they left the courtroom.

DeGabrielle then went right back into Judge Kazen's chambers and met with
attorneys for Assistant Webb County District Attorney Ernesto Cavazos,
Investigator Domingo Dimas and former district attorney prosecutor Ramon
Villafranca as they prepare for their trial.

DeGabrielle said no trial date had yet been set.

(Staff writer Robert Garcia can be reached at 728-2565 or by e-mail  ---
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