Pubdate: Wed, 11 Oct 2000
Source: San Antonio Express-News (TX)
Copyright: 2000 San Antonio Express-News
Contact:  http://www.expressnews.com/
Forum: http://data.express-news.net:2080/eshare/server?action=4
Author: Lisa Sandberg, Express-News Staff Writer

FRIO SHERIFF DEFENDED

Opting to stand behind their beleaguered sheriff, who last week pleaded
guilty to felony drug and theft charges, Frio County commissioners Tuesday
refused to consider a motion requesting the sheriff's immediate resignation.

Referring to Sheriff Carl H. Burris, Commissioner Jose Flores said after the
meeting: "The man is down. Why do we want to go and kick him in the face?"

County Judge Carlos A. Garcia had sought commissioners' support in draftinga
letter asking Burris to resign. Afterward, Garcia expressed disappointment
in the commissioners' refusal to distance themselves from an admitted
lawbreaker.

"I've gotten several phone calls from people asking why should they be
brought to court if the sheriff is still in charge," Garcia said. "It's a
good question. They have a point there. It's ironic people are being
arrested by that department."

On Oct. 3, Burris pleaded guilty in federal court to felony theft and drug
charges. He admitted pocketing $7,726 confiscated during a 1994 traffic
stop. Compounding the theft, Burris also admitted that in 1997 he tried to
sell about 260 pounds of seized marijuana in order to replace the money.

Despite the plea, a judge's ruling last week allowed Burris to get his
service weapon back. Explaining his order, U.S. Magistrate Judge John
Primomo cited manpower shortages and an ongoing investigation into a triple
murder. Burris' weapon was confiscated two years ago when federal officials
first began their inquiry.

Flores said that while he would like to see the sheriff resign, he opted not
to support the proposal because it wouldn't have carried much weight.

"The sheriff has already said that he wasn't going to resign," Flores said.
"The letter wouldn't have done no good."

Any conviction is not final until sentencing, a legal phase Burris has not
yet entered, thus allowing him to finish his term. Doing so would cap an
eight-year term in office, the minimum time necessary to be vested in the
county pension plan.

Reached at his office after the meeting Tuesday, the sheriff refused to
discuss the issue.

But in a statement last week to the San Antonio Express-News, Burris, who
faces a minimum of five years in prison on the drug charges, said he would
withdraw as a candidate for re-election next month but would not resign.

"I've been in law enforcement most of my life," the popular, normally genial
sheriff said. Despite assurances that he won't seek office, the sheriff
remains on the November ballot.

Unless she gets written notice from the sheriff of his withdrawal, Frio
County Clerk Gloria Cubriel said she's been instructed by the state to leave
his name on the ballot. Should Burris win the election against Democratic
opponent Lionel Trevi=F1o, commissioners could invalidate the results once
the sheriff is sentenced, Cubriel said.

Commissioners Jesus Salinas and Adolfo Alvarez joined Flores in opposing
Garcia's motion Tuesday. Commissioner Jack Shanklin was not present at the
meeting.
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