Prosecutor won't pursue case against lawmaker with gun
Posted: Thu Nov 10, 2005 9:10 pm
Interesting disposition...
Prosecutor won't pursue case against lawmaker with gun at airport
http://abclocal.go.com/ktrk/story?secti ... id=3625616
(11/10/05 - EDINBURG, TX) - Prosecutors will not pursue a case against state Sen. Juan "Chuy" Hinojosa for bringing a loaded handgun through airport security last month.
Hidalgo County District Attorney Rene Guerra said Thursday that he would also drop the several other cases pending against people found bringing weapons through airport X-ray machines.
"After analyzing this case we have no choice but to decline the case," Guerra said. "There's no culpable mental state, and that is required. Under criminal law, there's no way you can legally charge them absent other evidence of criminal intent. ... I don't know that any person with a sound mind would think that a person would try to sneak a gun through an X-ray machine."
McAllen police said they were disappointed when a city judge threw out their charge against Hinojosa, who was found with a 9 mm handgun in his briefcase as he passed through security at Miller International Airport on Oct. 10.
Police Chief Victor Rodriguez at the time said the case would still be brought before the district attorney.
Rodriguez could not be reached for comment late Thursday afternoon.
Hinojosa, D-McAllen, said in a statement Thursday night that he was relieved the case would not proceed. He had said at the time of the incident that he made a mistake by "rushing to the airport and not checking my briefcase prior to entering the McAllen Miller International Airport."
The Transportation Security Administration Web site says unauthorized weapons may not be brought to security checkpoints and that doing so could result in criminal or civil charges punishable by two to 10 years in prison and up to a $10,000 fine.
(Copyright 2005 by The Associated Press. All rights reserved.)
Prosecutor won't pursue case against lawmaker with gun at airport
http://abclocal.go.com/ktrk/story?secti ... id=3625616
(11/10/05 - EDINBURG, TX) - Prosecutors will not pursue a case against state Sen. Juan "Chuy" Hinojosa for bringing a loaded handgun through airport security last month.
Hidalgo County District Attorney Rene Guerra said Thursday that he would also drop the several other cases pending against people found bringing weapons through airport X-ray machines.
"After analyzing this case we have no choice but to decline the case," Guerra said. "There's no culpable mental state, and that is required. Under criminal law, there's no way you can legally charge them absent other evidence of criminal intent. ... I don't know that any person with a sound mind would think that a person would try to sneak a gun through an X-ray machine."
McAllen police said they were disappointed when a city judge threw out their charge against Hinojosa, who was found with a 9 mm handgun in his briefcase as he passed through security at Miller International Airport on Oct. 10.
Police Chief Victor Rodriguez at the time said the case would still be brought before the district attorney.
Rodriguez could not be reached for comment late Thursday afternoon.
Hinojosa, D-McAllen, said in a statement Thursday night that he was relieved the case would not proceed. He had said at the time of the incident that he made a mistake by "rushing to the airport and not checking my briefcase prior to entering the McAllen Miller International Airport."
The Transportation Security Administration Web site says unauthorized weapons may not be brought to security checkpoints and that doing so could result in criminal or civil charges punishable by two to 10 years in prison and up to a $10,000 fine.
(Copyright 2005 by The Associated Press. All rights reserved.)
