Ochoa gets votes despite conviction

It's a three man race with only two candidates legally qualified to serve, but that didn't prevent some registered voters from casting ballots for convicted Cameron County Precinct 1 Constable Saul P. Ochoa.

Although Ocha received more than 1,700 votes, Republican challenger Jose G. Maldonado Jr., appeared to be headed to be the new constable receiving 2,642 votes or 49 percent of the vote, unofficial results show.

With six of seven precinct reporting, unofficial results show Ochoa received 1,749 votes or 33 percent of the votes.

The county's Precinct 1 contest had Maldonado Jr., Quirino Martinez Jr. and  Ochoa all vying for the post that Ochoa cannot hold even if he pulls out a win because of his federal conviction.

Martinez received 985 votes or 18 percent of the vote.

Maldonado is running as a Republican and Martinez is running as an Independent. Ochoa is the Democratic candidate.

On Tuesday, Maldonado and Martinez were out campaigning in precinct 1 seeking voter support.

Martinez said he has been telling constituents in precinct 1 that voting a straight Democratic Party ticket is wasting their votes since Ochoa is ineligible to run.

Martinez said many of the registered voters in precint 1 are aware of Ochoa's conviction and are not voting a straight party ticket because of that.

"I'm feeling really good," about the race, said Martinez, who work's in the maintenance department at a local church.

Maldonado has been busy working the Southmost area of Brownsville, which is part of precinct 1 and fert confident about the race. Maldonado has been going door to door around precinct 1 seeking support.

"It looks great," said Maldonado, who works as a Cameron County park ranger.

Maldonado said although many of the voters are aware that Ochoa is ineligible, he added about two or three out of 10 voters didn't know about Ochoa's conviction.

"He (Ochoa) will get votes, but he won't win," Maldonado said.

In September, Ochoa was sentenced to 57 months in federal prison for selling marijuana confiscated in drug seizures.

Ochoa pleaded guilty in June to count two of a four-count federal indictment that said he knowingly distributed 10 pounds of marijuana around May 12, 2008. The remaining three counts filed against him were dismissed.

Federal Bureau of Investigations 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's name was still on the ballot as the Democratic candidate because his Sept. 11 conviction did not meet the state's Aug. 26 deadline, which was the last date to remove or add a name from the ballot.

If Ochoa pulls out a win, he would be unable to serve because of his conviction, Elections Administrator Roger Ortiz said in a previous interview. It would be up to Cameron County Commissioners Court to either appoint someone to fill out the remainder of his term or call for a special election.