Before indictments, Rodriguez spoke to clear his name

By Libby Cluett
lcluett@mineralwellsindex.com

As law enforcement officials were looking into allegations concerning Precinct 5 Palo Pinto County Constable Luis Rodriguez at a local restaurant and club, Rodriguez decided to speak out about a previous incident that cast him in a negative light, hoping to diminish claims and allegations previously made against him.

Rodriguez spoke out Sept. 13 at the opening of the Palo Pinto County Democratic Headquarters, inferring he did nothing wrong in March 2007, a night that led to Mineral Wells police pulling over the car in which he was riding, reportedly finding Rodriguez intoxicated. Though not charged with an offense, Rodriguez found himself in a legal battle to retain his office.

Rodriguez was indicted by a grand jury on Sept. 25 on charges involving public lewdness, official misconduct and official oppression. The democratic incumbent is running for re-election to his seat against Republican challenger Gary Morris, a Palo Pinto County sheriff’s deputy.

Twelve days prior to the grand jury’s actions, Rodriguez addressed fellow Democrats, saying Rodriguez told his recent audience, “I want people to ask me about that [incident].” He was asked if it would ever happen again and could he “put it to rest?”

“A well-respected judge in Parker County didn’t let it go to court. Am I smarter than them? Did I get away with something?” he said.

“A bad story is there if you want to read it,” he added about news reports on his involvement, including the airing of an EZ Mart videotape on a DFW television station.

One participant at the recent open house said that as a woman she was still troubled by the incident, which she saw on the store videotape when it aired on television.

Rodriguez said the store videotape was edited and did not accurately reflect his proximity to the interaction between the EZ Mart clerk and his friend. He added that from his perspective, his friend was playfully bantering. “At no time was she in any danger,” he said.

When the left the store, the clerk called police.

“I feel like I put myself in a bad situation,” he added at the Sept. 13 meeting. “I guarantee you folks it will never happen again. I’ll never put myself in that situation again.”

Rodriguez was referring to his involvement in the incident on March 14, 2007, at a local EZ Mart. He and a friend, both allegedly intoxicated, attempted to purchase alcohol after hours, arguing with the clerk about what day of the week it was. Rodriguez’s companion reportedly made sexual overtures to the clerk within earshot of the constable.

The clerk filed a petition with the 29th Judicial District Court to remove Rodriguez from office, which alleged the constable did nothing to stop his friend and he told her his name was Hank, not Luis. The case was heard and dismissed by Judge Graham Quisenberry of the 415th District Court in Parker County.

In other comments, Rodriguez faulted the Mineral Wells Index for “writing bad stuff about good people rather than good stuff about good people.”

He also shared his qualifications, which he said make him the best man for the job. These include being bilingual. He cited that the Mineral Wells Police Department “will send [Spanish-only speaking] people to my office.”

He said he has served more warrants, tickets, citations and arrests “than other constables in Palo Pinto history.”

When asked what hours he worked, Rodriguez replied, “24 hours, seven days a week. I can’t wait to get to work each day. If it wasn’t for my kids, I’d work all the time,” he told the gathered Democrats and others.

Supporting Rodriguez

Some citizens question the Sept. 6 allegations against Rodriguez and the timing of the recent grand jury session – just five weeks from the Nov. 4 election.

“I’ve been involved in politics for over 40 years and I think this doesn’t pass the smell test,” Palo Pinto Democratic precinct chair Gary Horton said Friday about Rodriguez’s indictments.

“The thing that bothers me is that the DA went after Luis Rodriguez last year on a weak case and failed. The case was eventually taken to a Parker County state district judge who dismissed the case for lack of evidence and dropped any charges,” Horton said. “Now it’s a year later and Luis Rodriguez is standing for re-election as Palo Pinto County constable in Mineral Wells. The Republican District Attorney Mike Burns indicted Luis Rodriguez before the grand jury on three misdemeanor charges that happened in a local restaurant. I question the integrity of the DA in that he had to re-impanel a grand jury – who had been dismissed just six weeks ago – for this one weak misdemeanor case, five weeks before an election.”

“They can seal [indictments] for 60 days. That’s what should have happened; then the election could have been held and the DA could have pursued his case and the case would have been no weaker or stronger after the election on Nov. 4,” said Horton.

Burns previously said the Rodriguez case was filed in his office by the Mineral Wells Police Department and that his office did not dictate the timing of the events.

“This office is above politics,” Burns added. “No one is above the law and I didn’t choose the timing of this.” Citing the code of criminal procedure, Burns stated, “The attorney representing the state shall, emphasizing the ‘shall,’ bring to the attention of the grand jury any allegations of misconduct or neglect of duty on the part of a public official,” he said.

The Index last week contacted Rodriguez for a response to his Sept. 13 comments; however, he referred the newspaper to his attorney. Lane returned the Index’s call on Friday, but said he would not comment on the case. “We’ll try our case in the courtroom,” he stated.


Rodriguez Charges

On Sept. 25 a Palo Pinto County grand jury indicted Pct. 5 Constable Luis Rodriguez on misdemenaor charges of public lewdness, abuse of official capacity and official oppression.

The indictments charge Rodriguez with:

• Failing to prevent the offense of alcohol consumption by a minor in his presence.

• Failing to interfere without warrant to prevent or suppress the offense of furnishing an alcoholic beverage to a minor, which occurred in his presence.

• Failing to interfere to prevent or suppress the offense of disorderly conduct which occurred in his presence.

• On March 1, "…knowing his conduct was unlawful, intentionally deny or impede [an individual] … the right to receive compensation for work performed in her employment,” while he was “acting under color of his office as a public servant, namely an elected county constable, against the peace and dignity of the state."

• Engaging in an act of sexual contact by touching the breast of … a person not the defendant's spouse, with intent to arouse or gratify the sexual desire of said defendant, in a public place.

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Index reporter Lacie Morrison contributed to this article.

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