Charged trooper on duty during arrest

HARLINGEN - The Department of Public Safety trooper charged with assault/family violence was on duty when he was arrested Monday night, a DPS spokesman said.

But Efrain Montemayor, 40, of Harlingen was not in uniform when he was arrested by Harlingen police, Austin DPS spokesman Tom Vinger said Wednesday.

Vinger did not know why Montemayor was not in uniform at the time, nor did he know whether Montemayor was in uniform during the incident cited in the charge, he said.

According to the police report, Montemayor drove to his in-law's home between 6:45 p.m. and 7:15 p.m. on Monday. His wife, Anna Delia Montemayor, 41, was sitting in a car parked outside the 1800 block of South Paloma Lane when Montemayor "began an argument over a television that she had removed from their residence," the report states.

Montemayor opened the car door and grabbed his wife by her left arm, the report states, then pulled her from the car and began to place her arm behind her back as if he was going to place her in an "arm bar," the report states.

The arm bar technique can vary at different law enforcement agencies, Harlingen police spokesman Sgt. John Parrish said, describing it as a control move.

After Montemayor released his wife and left the scene, Anna Montemayor was able to call 9-1-1 at 7:15 p.m., the report states.

According to the police report, Montemayor was arrested at 8:43 p.m. Monday at his residence in the 2300 block of Gold Rush Circle on a Class A misdemeanor charge of assault/family violence.

Anna Montemayor did not seek medical attention, but her left forearm was red and swollen, the report said.

The police report lists an unidentified 74-year-old man and a 68-year-old woman as witnesses.

Municipal Judge Valerie Garcia set Montemayor's bail at $1,000 on Tuesday, the report said. Montemayor posted bond later that day, HPD spokesman Dave Osborne said Tuesday.

DPS has placed Montemayor under paid suspension, Vinger said. DPS is conducting an internal investigation.

If an arrested police officer is in uniform, it would be likely that he or she would be isolated from other prisoners and given civilian clothes, Osborne said Tuesday night.

"There is always a call to worry about the safety of all prisoners," Osborne said. "It wouldn't be just for police officers."

Parrish confirmed Wednesday that Montemayor was not in uniform when he was arrested.

Anna Montemayor filled out a Cameron County Family Violence Task Force sheet that included an application for a protective order, the police report said.