El Paso County Court of Law Judge Ruben Morales again dismissed riot participation charges filed against a group of illegal aliens who stormed the southern border earlier this year, the El Paso Times recently reported.
On June 6, Morales dropped 59 cases against the illegal immigrants, claiming that his court lacked jurisdiction, officials stated.
‘They seem to be doing everything they can to keep from going to trial.’
El Paso Public Defender Kelli Childress, who represented the group, said, “The judge ruled that it [filing of the charges] was done in a way that was improper with respect to constitutional and statutory procedure.”
“None of these problems have been at the fault of the judge or my clients,” Childress continued. “It’s been very frustrating to watch this happen over and over again. This is the third dismissal of these charges while these people have had to sit in jail for.”
The illegal aliens were accused of participating in a riot after they breached the concertina-wire barriers and stormed law enforcement officials along the border in an effort to unlawfully enter the United States on April 12. The incident, involving approximately 300 individuals, took place in front of Gate 36, which is not a designated port of entry.
Morales previously dropped the charges against the individuals, claiming that there was no evidence of “probable cause.” In response to the judge’s decision, District Attorney Bill Hicks called for a grand jury to decide on the case. A panel of 12 El Paso citizens indicted more than 140 illegal immigrants on misdemeanor rioting charges, effectively overruling Morales’ decision.
The illegal aliens were slated to go to trial on Monday before Morales dismissed the charges again. The judge blamed the DA’s office for allegedly improperly filing the cases, but Hicks denied the claims.
Childress accused the DA’s office of withholding evidence from her. Hicks rejected the accusation and claimed Childress was only required to submit to a confidential agreement to access the evidence but refused.
Childress argued that the DA has no right to require her to sign an agreement to access evidence stored in the county’s digital filing system.
The El Paso Times reported that the DA’s office can elect to indict the individuals for a third time.
The illegal aliens are being held in county jail. They are also facing federal unlawful entry charges, but it is unclear when they will be transferred to federal custody.
“They seem to be doing everything they can to keep from going to trial,” Hicks told reporters, referring to the public defender’s office. “We would like to go to trial. Let a jury decide what happens to these cases.”
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