Ex-Constable claims Villalobos forced him out

Former Precinct 4 Cameron County Constable Josephat “Hoss” Lozano has filed a federal lawsuit against Cameron County and District Attorney Armando Villalobos, claiming the DA illegally forced him out of office in 2005.

Lozano “alleges that Armando R. Villalobos used his position as district attorney to fabricate information and statements against (Lozano) due to (Lozano’s) cooperation in a felony case against a high profile official, Tivie Valencia, and for (Lozano) refusing to support (Villalobos) in his bid to become Cameron County District Attorney,” the lawsuit states.

Villalobos called the lawsuit “worthless.”

Lozano, acting as his own attorney, accuses Villalobos of official misconduct.

“(Lozano) alleges that Armando Villalobos, as Cameron County district attorney, used his newfound authority and official position to threaten, intimidate and fabricate evidence against (Lozano) on five counts of official oppression,” the lawsuit states.

Former lead prosecutor John Blaylock (then under DA Yolanda de Leon), contacted Lozano in February 2000, asking him to testify against then-Precinct 4 County Commissioner Tivie Valencia in a bribery case, Lozano’s lawsuit states. Lozano testified against Valencia, resulting in Valencia’s conviction.

Lozano had been previously accused of abusing his position as constable to retaliate against a Rio Hondo family with whom he had a dispute.

“I think it’s a worthless lawsuit and I think we’re going to prevail in the end,” Villalobos said.

“We, as an office, are not going to be bullied into not prosecuting people for committing crimes,” the DA said.

“Mr. Lozano had numerous cases in our office (against Lozano) that were disposed of with a plea bargain two years ago,” Villalobos said. “We reached this plea bargain with him and his lawyer in which he agreed to be on probation for two years and he resigned his … license and could not be an officer for the rest of his life, and not running for (political) office for five years,” the DA said.

“Now he is wanting to re-modify the terms of his plea bargain,” Villalobos said.

Richard Burst, attorney for the Cameron County Commissioners Court, said he has reviewed Lozano’s lawsuit and will prepare a response.

Burst said it is his understanding that Lozano was advised by a capable defense attorney, Noe Garza, before accepting the deal with the DA’s office in 2005.

“This (deal) was not stuffed down his throat,” Burst said.

Removing Lozano from his office as constable was accomplished without any punishment, Burst said. “That’s a legitimate goal, if you hold a law enforcement license and you turn it in,” Burst said. “I believe it’s legitimate for a DA to negotiate a resignation,” he said.