Pubdate: Thu, 01 Dec 2005
Source: Monitor, The (McAllen, TX)
Copyright: 2005 The Monitor
Contact:  http://www.themonitor.com
Details: http://www.mapinc.org/media/1250
Author:  Victoria Hirschberg

DISTRICT CLERK BOOKED ON DWI, DRUG CHARGES

Guerrero Refused Blood Test; Claims Illness Elicited Behavior

McALLEN -- Hidalgo County District Clerk Omar Guerrero was arrested 
Wednesday by McAllen police who said he reeked of burnt marijuana, 
had bloodshot eyes and appeared disheveled when he showed up at a 
crime scene they were working.

Guerrero, who is seeking re-election, now faces charges of marijuana 
possession and driving while intoxicated.

According to police records, officers received a phone call Wednesday 
morning about a driver asleep in a vehicle a€" not Guerreroa€™s a€" 
that was parked in the middle of the 700 block of West Bluebird Avenue.

In the drivera€™s seat was Hugo Martinez, 22, who officers said 
smelled of marijuana.

Martinez was then arrested on a charge of possession of marijuana. 
Shortly after the arrest, Guerrero drove up in a different vehicle 
and approached an officer. Police were unsure why Guerrero had come, 
but he told them he was there to help a friend.

According to the police report, the 28-year-old Guerrero slurred his 
speech and was thick-tongued.

The report indicates the officer believed he was under the influence 
of "some type of drug." Guerrero told police he was not drinking and 
had just woken up.

Officers then arrested Guerrero on a charge of driving while 
intoxicated and found 0.1 grams of marijuana in his vehicle, which is 
registered under his fathera€™s name.

Police wanted to administer a blood test but Guerrero refused, citing 
religious beliefs, said his attorney, Al Alvarez. Alvarez would not 
elaborate on Guerreroa€™s religion, but added Guerrero was fighting a 
flu-like illness and was believed to be taking medication.

During the afternoon arraignment before Judge Kathleen Henley in 
McAllen Municipal Court, she permitted Guerrero to sit because he 
appeared disoriented.

Alvarez said Guerrero had wanted a Breathalyzer instead of a blood 
test after the 8:40 a.m. arrest, but that was not offered. Alvarez 
was unsure if Guerrero requested the Breathalyzer, but said he would 
ask the judge. However, the request was denied, Alvarez said, after 
he spoke with Henley after the arraignment.

McAllen police spokesman Sgt. Joel Morales said the detail about the 
Breathalyzer and whether Guerrero was taking prescribed medication 
for his flu-like illness is part of the ongoing investigation. 
Morales said Guerrero and Martinez both face Class B misdemeanor 
charges, punishable by a fine up to $2,000 and six months in jail.

After the arraignment, McAllen police took Guerrero to Hidalgo County 
Jail, where he was set to be released on a personal recognizance bond.

"I believe there is no evidence to go forward," Alvarez said.

Hidalgo County Judge Ramon Garcia said Guerrero should not receive 
any special treatment because he is an elected official. Garcia is 
the top elected county official in Hidalgo County and does not hear 
cases in a courtroom.

"He needs to be treated like everyone else in the criminal system," 
Garcia said.

The district clerka€™s office was open as scheduled Wednesday, which 
will continue, said Guerreroa€™s chief deputy, Heriberto Quiroga.

"The district clerka€™s office acknowledges Mr. Guerrero was arrested 
and arraigned," he said. "We will issue a formal statement once we 
gather all the facts."

Guerrero took office in 2003 and has already spent thousands of 
dollars on his re-election campaign. So far, he faces Laura Hinojosa 
and Robert Mendoza in the March 7 Democratic primary. As district 
clerk, Guerrero earns about $67,000 annually and receives a $5,400 
yearly car allowance.
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MAP posted-by: Beth Wehrman