(Seguin) — The Guadalupe County Sheriff’s Office has dismissed the Unlawful Carrying of a Weapon charge against a Harris County Constable. As reported on Tuesday by the Seguin Daily News, the officer, Julio Valdez, was taken into custody for not only the unlawful carrying of a weapon charge but also for public intoxication.
According to sheriff’s officials, Valdez, was a passenger in one of the vehicles involved in a hit-and-run at 6 p.m. Monday in the 8500 block of IH-10 East. The deputy reported that Valdez exhibited signs of intoxication and was observed carrying a firearm.
During the arrest, Valdez identified himself as a Harris County Precinct 3 Deputy Constable.
But after further review of the arrest, it was determined that the exemption applicable to peace officers in Texas Penal Code 46.15 does apply in the circumstances of this arrest. Therefore, Guadalupe County Sheriff Joshua Ray instructed that the charge for Unlawful Carrying of a Weapon be dismissed. He says the decision to arrest for public intoxication, however, was based on the totality of the circumstances, and confirmed thorough evidence to support that charge.
“After reviewing the arrest, it was very clear to me that the exemption provided for peace officers in Texas Penal Code 46.15 was applicable in this incident, and the correct course of action moving forward is to have the charge dismissed. Yet, it is worth noting that an average citizen under the exact same circumstances would have been legally and justifiably charged with Unlawful Carrying of a Weapon. That said, there is no question that Mr. Valdez made poor decisions and placed himself in a situation that reflected poorly on our profession. I stand by my prior comments that those in law enforcement are held to a higher standard, and if you cannot live up to that standard, then this isn’t the profession for you,” stated Ray.
Ray previously emphasized that the Guadalupe County Sheriff’s Office holds all individuals, regardless of profession or affiliation, to the same standard of the law and will enforce the law equally and without exception.
Again, Valdez remains charged with public intoxication.