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Section A: General News


Benavides gets 20 months for 2011 evasion incident




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Wilson County News
June 27, 2012 | 1,805 views | 8 comments

Adrian Benavides, 29, of Floresville could be a free man in just a few months, following the June 21 out-come of his three-day trial on charges of aggravated assault with a deadly weapon against a public servant and evading arrest or detention with a motor vehicle.

According to Wilson County District Court records, a jury determined that the prosecution team of Jason Garrahan and Eric Fuchs failed to prove its case when it came to the aggravated assault charge.

Benavides did, however, plead guilty to the evading charge, for which Judge Donna Rayes of the 81st Judicial District sentenced him to 20 months in a state jail. Because Benavides has been in the custody of the Wilson County Jail since his March 14, 2011, arrest, Rayes gave him credit for time served.

Representing Benavides was the court-appointed defense team of Andres Cedillos and Stephen Barrera. Cedillos expressed pleasure with the outcome of the case.

“I’m happy for my client,” Cedillos said.

Benavides’ charges stemmed from a vehicular pursuit with officers from three area law-enforcement agencies, following a March 14, 2011, disturbance call at the home of Benavides’ girl-friend on Sixth Street in Floresville. When officers from the Floresville Police Department responded to the scene, Benavides fled in a Ford F-150 pickup truck, sparking the midday chase.

According to court documents, radio traffic between the Floresville officers, troopers from the Texas Department of Public Safety Highway Patrol, and deputies from the Wilson County Sheriff’s Office indicated that Benavides was in possession of a firearm.

Minutes later, the chase ended when Benavides parked the truck in the middle of Sixth Street and fled on foot. In the back yard of one of the homes, he was met by Cpl. Stephen Moore, a 13-year veteran of the Wilson County Sheriff’s Office. Moore testified that Benavides repeatedly reached behind his back, eventually revealing a black pistol near his waistline, which the suspect pointed toward the corporal. Moore, who had his service weapon drawn, said he fired at Benavides, hitting him twice in the torso.

Under cross-examination from Barrera, Moore said, “I just defended my life.”

Garrahan could not be reached for comment prior to press time June 25.
 

Your Opinions and Comments

 
Publius Valerius Publicola  
Rome, Tx.  
June 28, 2012 2:21pm
 
Without reading the entire transcript it is impossible to know all the circumstances where a verdict is instructed. Several things could have occurred. 1) Usually the preponderance of the evidence, or lack thereof may lead to ... More ›

 
The Marcelina Muse  
Dry Tank, TX  
June 28, 2012 9:30am
 
Directed verdict (instructed verdict) A ruling by a trial judge taking a case from the jury because the evidence will permit only one reasonable verdict.

 
Stephen Moore  
June 27, 2012 7:36pm
 
Enough is correct. That is what happened. It was a directed verdict on a motion made by defense counsel. Thanks for your comment Enough. Be safe.

 
Some Dude  
La Vernia  
June 27, 2012 6:11pm
 
Enough, that doesn't sound right to me. Judges don't take a case from a jury unless there's a problem with the case.

 
Enough is Enough  
La Vernia  
June 27, 2012 4:06pm
 
I was sitting in the courtroom observing this trial. The jury did not make a decision, they were dismissed, the judge decided that the actor was not going to harm anyone. As a current college graduate, I am appalled to see a ... More ›

 
The Marcelina Muse  
Dry Tank, TX  
June 27, 2012 11:46am
 
Let's see. The actor had a gun in his possession, right? The testamony of the officer was that the accused pulled the gun and pointed it at him, right? In the absence of other witnesses to contradict the officers testimony it ... More ›

 
Publius Valerius Publicola  
Rome, Tx.  
June 27, 2012 11:37am
 
The judge can only instruct the jury on the charges. If the jury was not convinced by the prosecution the defendant is guilty there is not much the judge can do about it. The failure, if any, is on the part of the prosecution.

 
Something else to say 2  
June 27, 2012 10:13am
 
This is CRAP!!! Way to go Judge Reyes, let another criminal out on the streets when he should be behind bars. I guess threatening to kill officers and killing his baby momma and kids are not enough to protect. This Judge needs to GO!!!

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