Burst: Ochoa's sentencing date moved up

Cameron County Constable Saul Ochoa could be sentenced on a drug trafficking charge within the next two weeks.

Ochoa, who pleaded guilty last week in federal court to distributing 10 pounds of marijuana, was to be sentenced Sept. 22; however, it was revealed during Monday's special meeting of Cameron County Commissioners Court that the date had been moved up.

Richard Burst, legal counsel for the county, made the announcement as Commissioners Court discussed what options it has if it chooses to appoint someone to fill the rest of Ochoa's term, which ends Dec. 31.

Burst said the U.S. Attorney's Office notified him Monday morning that Ochoa would be sentenced within the next two weeks.

However, a check of federal court documents on Monday showed no new sentencing date for Ochoa.

Ochoa's conviction automatically removes him from office, under Section 87.013 of the Texas Local Government Code. His conviction becomes final once he is sentenced, unless a federal judge reverses the conviction.

FBI and Drug Enforcement Administration agents in Port Isabel arrested him May 28 after a federal grand jury returned a four-count indictment that charged him with possession with intent to distribute marijuana.

"Ochoa admitted to making the four sales to the informant, further noting he had a $40-a-day-cocaine habit (and) had been selling marijuana seized as evidence," a summary from the U.S. attorney's office states.

Burst told Commissioners Court it must wait until after Ochoa's sentencing plus seven additional days before appointing a replacement constable, if commissioners so choose.

Under federal law, a federal judge has up to seven days after a conviction to amend the order.

"You can't be certain" of the conviction until the seven days after the order have passed, Burst said.

The Cameron County Democratic Party has until Aug. 22 to file paperwork with the county's election office citing Ochoa's ineligibility. The party then has until Aug. 26 to name a replacement to be placed on the ballot, a spokesman for Texas Secretary of State Gregg Abbott said.

In the meantime, Lt. Ricardo Mora is handling daily operations with the Cameron County Sheriff's Department, increasing patrols in the Precinct 1 area.

Burst will research what would happen to the law enforcement commission of the deputy constables in Precinct 1 once Ochoa's conviction is official.

Although the deputies could lose their commission because of Ochoa's conviction, they could be recommissioned under the sheriff's department, officials said.

A similar incident occurred last year in Hidalgo County, where Precinct 5 Constable Eduardo "Walo" Bazan lost his peace officer's license following his June 2006 conviction on a felony theft charge, The Monitor reported last year.

In that case, a Texas attorney general's opinion said constables derive their deputizing authority from their elected officials and not through their law enforcement licenses.