Legal News and Events

Date

Item/Information

March 24, 2010

Beleal Garcia-Gonzalez, the owner of El Paraiso Night Club in Mission was arrested on January 13, 2010, on charges of sec trafficking of minor females, conspiracy and harboring unauthorized immigrants. A federal grand jury on February 9, 2010, returned a 10-count indictment against Beleal Garcia-Gonzalez. Elizabeth Mendez Vasquez was also indicted for being a part of the conspiracy to wither harbor illegal immigrants or to engage in prostitution or to engage in some other illegal activity, the news reports are unclear as to the nature of the conspiracy.

 Garcia-Gonzalez was charged after a search of his residence reportedly turned up three Honduran first, two Mexican women and two Mexican men. The three Honduran girls ranged in age from 14 to 17. It is reported the girls allegedly were forced to work 10 hours a day, six days per week for $20.00 per day in El Paraiso Night Club. In order to work off their smuggling debts. In addition, the girls were allegedly force into prostitution at the Night Club.

Texas Alcoholic Beverage Commission (TABC) agent Ricardo Blli Jr. upon learning of the aret of Garcia-Gonzalez contacted federal investigators with McAllen immigration and Customs Enforcement (ICE). The federal investigators were reportedly told that Garcia-Gonzalez had arranged to smuggle the firls from Honduras to Mission under the guise that they would be well-provided for and given jobs in a local restaurant.

A portion of the money earned from prostitution was purportedly applied to the girls smuggling debt, while Garcia-Gonzalez kept the remainder. The three girls were guarded at all times and only allowed to be in Garcia-Gonzalez residence or the Night Club. It is reported that permission to go to any other location had to be requested specifically through Garcia-Gonzalez.

The TABC cancelled the Paraiso Night Club’s Wine and Beer Permit for Human Trafficking on February 19, 2010. Kudos to TABC Agent Balli Jr. and the legal staff at the TABC for shutting down the Night Club so quickly.

The TABC reports that approximately 14,500 and 17,500 victims annually are trafficked into the United States. Many victims do not speak or understand English and end up isolated and unable to find assistance when they need it the most. The TABC asks that if you have information concerning human trafficking in you area, please contact local enforcement or the National Human Trafficking Resource Center at 1-888-373-7888.

March 17, 2010

The Texas Alcoholic Beverage Commission (TABC) has found that the two TABC agents who fatally shot a man last year at a Southwest Austin apartment complex were justified in doing so and were acting within the scope of their duties. In an internal report dated February 16, 2010. Lieutenant Albert Rodriguez determined based on the information provided by the two agents, other TABC agents, as well as found in the Austin Police Departments investigative file, and a Texas Ranger Investigative Report that the two agents were confronted with a threat of serious bodily injury or death and thus justified in using deadly force. A copy of the report can be found by clicking here.

March 15, 2010

The Supreme Court has granted the petition for review in Case No. 08-0751; Texas Mutual Insurance Company v. Timothy J. Ruttiger. The Court has scheduled oral argument in this bad faith case for April 14, 2010, at 9:00 a.m. More information can be found about the case at the following link:

http://www.pringletexaslawyer.com/Texas-Mutual-Insurance-Company-v-Ruttiger.html

February 8, 2010

The Austin Court of Appeals has scheduled oral argument in the ambulatory surgical center case No. 03-09-00187-CV; Vista Healthcare, Inc v. Texas Mutual Insurance Company, et.al.; before the Texas Third Court of Appeals for March 10, 2010, at 9:00 a.m.

Some of the issues before the Court of Appeals may be whether the 1997 Acute Care Inpatient Hospital Fee Guideline applies to ambulatory surgical center cases or whether Texas Department of Insurance, Division of Workers’ Compensation (the “Division”) default rule 134.1 (28 TAC § 134.1) is the applicable rule. Rule 134.1 provided that in the absence of a fee guideline, reimbursement was to be fair and reasonable for a medical service or treatment.

Another issue before Court is whether the language of Texas Labor Code § 413.011(d) is unconstitutionally vague.

January 12, 2010

The Texas Alcoholic Beverage Commission (TABC) has reported that on January 11, 2010, agents with the Longview District of the TABC, as well as deputies from the Smith County Sheriff’s Department, executed a search warrant at a residence in southeast Smith County. The law enforcement officers seized a 55 gallon still, copper tubing associated with the still. Burners, two propane bottles and approximately nine gallons of products commonly referred to as moonshine whisky.

The TABC reports the suspect Sedrick Lucille Johnson, Jr. (DOB 5/21/51), faces charges of possession of illicit alcoholic beverages and possession of equipment to manufacture illicit alcoholic beverages. Both crimes are misdemeanors punishable by $100-$1,000 and/or up to a year in jail.