Town torn over candidate's felony conviction

RIO HONDO - Many residents in this town want Richard Gonzales to take his seat on the City Commission despite a felony conviction that bars him from holding public office. But other residents are not so sure.

Gonzales received 165 votes in an uncontested election for the commission's Place 2 seat May 9.

But a felony conviction bars Gonzales from taking office, City Attorney Jan Cassidy said, citing state law.

Gonzales was convicted of felony theft in 1990, when he was sentenced to 10 years probation, Cameron County District Attorney Armando Villalobos said Monday.

But many residents here still support Gonzales, a former police officer and retired mechanic who owns a feed store.

Jose Rodriguez said his old friend should be allowed to serve the people who voted for him.

"He served his sentence," Rodriguez said outside a grocery store Thursday. "He's one of the best around. He's a businessman. He's honest."

But Tony Betancourt said the city should hold a special election.

"This has been botched from the beginning," Betancourt, a businessman, said Thursday.

Betancourt said Gonzales signed an application for candidacy in which he swore he had never been convicted of a felony.

"He should have been up front," Betancourt said. "When he filed he should have been truthful and the clerk should have verified that by running a (criminal) background check."

Gonzales said he still hadn't decided whether he would pursue plans to take office.

"I haven't gotten anything in writing that I don't qualify. All I've heard is rumors," said Gonzales, who said he was waiting on legal advice to make his decision.

While supporters want him to take office, his family wants him to bow out, Gonzales said.

"Everyone in Rio Hondo is saying don't give up, but it's not up to the people. It's the law. I'm not going to argue. I'll step aside," Gonzales said. "My family is disgusted. My family advised me against it."

Newly elected Mayor Alonzo Garza said he was trying to determine whether he could disqualify Gonzales from taking office.

A city's mayor has the authority to declare a commissioner-elect with a felony conviction ineligible for office until the time that the city issues its certificate of election, Ashley Burton, a spokeswoman with the Texas Secretary of State's office, said.

Garza said he was trying to find out whether the city had issued a certificate of election in Gonzales' election. For the second day in a row, City Administrator Arturo Prida did not return phone calls about the election certificate.

Gonzales' conviction stemmed from possession of a stolen 1986 Nissan Maxima, a copy of a court document shows.

Gonzales said he didn't know the car was stolen.

The charge led him to resign as a police officer, ending his 15-year law enforcement career, he said.

His convictions for driving while intoxicated came after he started drinking when two of his sons were killed in separate car accidents in 1991, he said.