Sunday, May 18, 2014

Federal lawsuit accuses on-duty officer of raping minor, PD cover-up

5/18/2014


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A federal lawsuit accuses a former Pharr police officer of sexually abusing a minor and the department of protecting the officer from  criminal charges.
The lawsuit filed earlier this week accuses the former Pharr Police Officer Erasmo Mata, Pharr Police Chief Ruben Villescas, the City of Pharr and the Pharr Police Department of violating the minor’s civil rights.
The victim is not named in the lawsuit because she was a minor at the time of the alleged rape.
According to the lawsuit filed on behalf of the minor, she was sexually assaulted by the officer five times when he was on duty.
The lawsuit claims “other Pharr police officers would stand watch while the sexual assault was being committed.”
The girl was allegedly sexually assaulted in an abandoned house in the city of Pharr.
When her parents found out about the alleged sexual assault, they went to the police to file a complaint and “nothing was ever done,” according to documents filed on behalf of the minor.
The Pharr Police Department then did an internal investigation, according to the lawsuit filed in the Texas Southern District Court.
According to the lawsuit, the family claims Chief Villescas told them not to hire an attorney and that he would take care of the allegations against the officer.
The lawsuit was filed after claims the department did not file criminal charges against the officer nor the other officers who would allegedly stand as watch guards.
The officers were eventually terminated, according to the civil suit.
Claims were also made that the Pharr Police Department should have collected possible evidence from clothing and bedding, and says a rape kit should have been done immediately.
The lawsuit alleges the police department “acted with malice by not protecting” the girl in order protect the officers.
Documents obtained by Action 4 News say the Texas Rangers investigated the case and turned the evidence over to the Hidalgo County District Attorney’s Office.
Action  4 News reached out to the Hidalgo County District Attorney Rene Guerra who said if the Texas Rangers did find enough evidence, they could have made the arrest in the case.
As far as criminal charges, Guerra said the case could be sent over to a grand jury if an arrest is not made.
A Grand Jury could possibly hand down an indictment in the case without an arrest being made.
Action 4 News reached out to Chief Villescas for comment, but he could not immediately be reached for comment.
Attorney Richard Alamia is currently representing the minor in the civil lawsuit.
As of this time, he is not able to comment on the case, but is expected to within the coming days.
A jury trial in the civil lawsuit has been requested, and a pretrial  and scheduling conference is set for July 9, 2014 at 9:00 a.m.
The conference will take place before Judge Randy Crane.

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