Police arrested a senior deputy constable Saturday after he allegedly lost control of his pickup truck and collided with a car driven by an elderly couple.
It was his third DWI arrest in three years.
Alamo police arrested Javier Hinojosa on driving while intoxicated and intoxication assault charges Saturday evening after he allegedly lost control of his Chevrolet Silverado pickup truck and collided nearly head-on with the elderly couple’s car.
Saturday’s DWI arrest is the second in about four months for Hinojosa — he has an August 2009 DWI case pending in Hidalgo County Court-at-Law No. 5.
Precinct 2 Constable Gilbert “Chato” Alaniz said he suspended Hinojosa for one week without pay after the DWI arrest last year.
Hired in June 2005, Hinojosa serves as senior deputy constable for Alaniz, who said he has been unable to talk with Hinojosa. The constable said he would conduct his own investigation into the matter to determine Hinojosa's job status.
“Something is going to be done, believe me,” Alaniz said. “Something is definitely going to be done.”
In his latest arrest, Hinojosa, 45, was driving on the 300 block of East Business 83 in Alamo about 6:50 p.m. Saturday when he allegedly lost control of his Chevrolet Silverado pickup truck, veered into the oncoming lanes of traffic and collided with a passenger car driven by an elderly couple, said Alamo Police Chief Arturo Espinoza.
“It looks like he went into the oncoming traffic and they collided almost head-on,” the chief said.
Hinojosa’s 12-year-old son was riding in the pickup truck with him at the time. The boy was transported to an area hospital for observation along with the elderly couple, Espinoza said. The couple, both who are in their 70s, remained hospitalized in serious condition Monday.
Hinojosa, of Edinburg, refused to provide a field sobriety test, Espinoza said.
Oddly, Hinojosa was taken to three different hospitals — Edinburg Regional, McAllen Medical Center and Rio Grande Regional Hospital — and no blood was drawn because he refused to provide submit to a blood test, Espinoza said.
State law requires anyone arrested for driving while intoxicated who is involved in an accident that causes “serious bodily injury” or death to provide a blood specimen.
Hidalgo County District Attorney Rene Guerra said he has never encountered a situation where a person arrested on intoxication assault or manslaughter charges did not provide a blood sample — and the hospital complies with a suspect’s request.
“No one has ever had an issue,” Guerra said.
Police did not try to obtain a search warrant, which would have forced Hinojosa to submit to the blood test because it was the weekend, and whatever alcohol or drugs he may have consumed had left his system, the chief said.
“We didn’t go that route as to try and get a warrant on him,” Espinoza said. “We’re going with a refusal” to submit to a blood or breath sample.
Hospital officials could not be reached for comment after business hours Monday.
Hinojosa was formally charged with intoxication assault and driving while intoxicated with a child passenger during an arraignment Sunday in Alamo Municipal Court. Bond was set at $150,000.
“It’s troubling to us when those entrusted with upholding the law don’t,” said Ana Verley, a local victims’ advocate for Mothers Against Drunk Drivers. “It’s sad and disappointing that these things happen and innocent people keep getting hurt.”
Records detailing Hinojosa’s career before he was hired by the Hidalgo County Precinct 2 Constable Office were unavailable Monday.
An open records request with the Texas Commission on Law Enforcement Standards and Education, which maintains peace officers’ career histories, was not immediately returned Monday afternoon.
Hinojosa was also arrested in January 2006 on DWI charges that were dismissed by Hidalgo County Court-at-Law No. 5 later that year, court records state. Alaniz said he did not suspend Hinojosa at that time because he was not convicted.
Hinojosa had a DWI arrest dismissed from Hidalgo County Court-at-Law No. 2 in September 2003. He also had assault charges dropped in Hidalgo County Court-at-Law No. 1 in March 2002.
Hinojosa remained at the Hidalgo County Jail on Monday. Intoxication assault is a third degree felony that has a maximum sentence of 10 years in prison and up to a $10,000 fine upon conviction. Driving while intoxicated with a child passenger is a state jail felony that has a maximum sentence of two years in jail and up to a $10,000 fine.
Hinojosa is not Alaniz’s only deputy to have been arrested on suspicion of driving while intoxicated.
In October 2007, Hidalgo County Precinct 2 chief deputy constable Sergio Hinojosa — Javier’s younger brother — was arrested for allegedly driving while intoxicated in San Juan. That case was dropped in Hidalgo County Court-at-Law No. 1 in May 2008 due to insufficient evidence. Alaniz said he fired Sergio Hinojosa after his DWI arrest.
With the latest DWI arrest, Alaniz would not say whether he intends to dismiss Hinojosa. Regardless, the constable said he plans on another suspension for his senior deputy.
“What can I say? We all do mistakes that we regret later on in life,” Alaniz said. “It’s sad, but what can we do about it?
“What’s done is done, my friend.”
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