Tuesday, July 23, 2013

Former State Representative Aaron Pena Treated Rudely by Police, Feds in Robstown

Aaron Pena


By Aman Batheja, The Texas Tribune

A former Rio Grande Valley state representative remains angry and baffled at the treatment he received at the hands of local and federal law enforcement Friday morning during a traffic stop in South Texas.

Aaron Peña was pulled over in Robstown, outside of Corpus Christi, for expired license plates. After being questioned by local police officers as well as Immigration and Customs Enforcement agents, Robstown police impounded his vehicle and wrote him a ticket for lacking proof of automobile insurance, a charge Mr. Peña disputes.

“I don’t mind that they pulled me over,” said Peña, a Republican from Edinburg. “I don’t mind that they gave me a ticket. I do mind with great personal offense that they treated me like a drug dealer and accused me of lying.”

Peña was driving a 2001 Dodge pickup he said he had purchased within the previous two weeks. He had planned to drive it home to Edinburg so his son could take it with him when he starts college. Peña had expected to address the vehicle’s expired license plate once he got to South Texas. He had considered the possibility that the plates might get him pulled over but figured he would, if needed, explain to a police officer the situation and risk getting a ticket.

While driving down U.S. Highway 77, Peña was pulled over in Robstown. A Robstown police officer directed him to get out of his pickup. Peña complied. He was wearing dress pants and dress shoes and a campaign T-shirt for Attorney General Greg Abbott, who just kicked off his gubernatorial campaign. Peña had introduced Abbott at a campaign event earlier in the week.

Within minutes of Peña getting out of his vehicle, he noticed that the two Robstown officers had been joined by at least two other officers. They were not in uniform, but Peña said he could tell they were with the Department of Homeland Security by the badges they wore on chains around their necks. A police spokesman confirmed that the men were with ICE.

“There was a point where I sensed that I was surrounded,” Peña said. “I asked if this was bigger than a traffic stop. One of them says ‘You tell me.’”

Sgt. Albert Stout, a spokesman with the Robstown Police Department, said officers followed the law during the traffic stop with Peña.

“The reason his car was impounded was because he didn’t have any insurance and his plates were expired," Stout said.

Stout said Robstown police is currently working with ICE on a task force related to organized crime that involves policing traffic moving through the area.

“We’re trying to locate stolen vehicles, stolen properties, wanted people, money carriers, drug carriers,” Stout said.

Peña was driving from Austin to South Texas that morning on his way to a few different appointments. He had a meeting in Harlingen with a member of U.S. Sen. John Cornyn’s staff. He was later expected at an event with George P. Bush, son of the former Florida Gov. Jeb Bush and a Republican running for land commissioner.

Peña said he did not want to receive special treatment but also did not want to appear like he was hiding something from them.

“I said I used to be a state representative and now I work for a public relations firm,” Peña said. (Peña served in the Legislature from 2003 to 2013 representing a South Texas district based in Edinburg. In 2010, he left the Democratic Party and joined the Republican Party.)

Peña gave the officers permission to search his car. They did not find anything, he said.

As he answered their questions and provided them with more information about him, the officers grew more confrontational, Peña said. They used the word “suspicious” repeatedly and accused him of lying. They were suspicious that Peña worked in Austin but still lived in South Texas. They were suspicious that Peña went by his middle name “Aaron” instead of his first name, “Lionel.” They were suspicious of the tan color of the bed liner in his pickup.

At one point, Peña showed them his state-issued concealed handgun license to prove he was not a felon. He assured them he was not armed. Peña was stunned at their response.

“They said it was really suspicious that I have a CHL but don’t have a gun,” Peña said.

Peña, a former member of the House Homeland Security Committee, said he guessed the officers’ superiors could probably vouch for his identity. He explained to them that he works regularly with Homeland Security and law enforcement throughout South Texas.

“They obviously thought I was some sort of drug mule or something because they were afraid of me,” Peña said. “I tried to tell them, ‘Guys you can call your local officials in Robstown area or Corpus Christi area and they will know who I am. You just got to make a call.’”

Instead, Peña said the officers told him they were going to impound his car because he didn’t have insurance. Peña explained he had insurance but that this car was not listed on the policy yet. Peña argued that he was still legally insured. The officers disagreed.

Peña got a ride to the impound lot with the tow truck. In order to get back his pickup, Peña said he had to pay $226.65 to get the car released and another $50 for a month’s worth of insurance coverage for the vehicle from a business near the impound lot.

“I am extra covered now,” Peña quipped ruefully.

Stout declined to comment on how the officers questioned Peña. Despite the presence of ICE agents, Stout said Peña's immigration status was not an issue.

“They were extremely disrespectful,” Peña said. “They legitimately could have pulled me over. They legitimately could have given me a ticket for not having insurance, even though they are legally wrong about that. It’s the way they manhandled me and treated me like a felon.”

Asked if he would file a compliant about the incident, Peña said he did not know. What he was more certain of was that the experience has prompted him to re-examine the way law enforcement is interacting with people in his state, particularly in South Texas where combating drug traffic is considered a high priority.

“They assumed I was guilty, and they expected me to prove that I was innocent,” Peña said.

Peña said he missed his meeting with a member of Cornyn’s office but made a later public event with Bush. He made a point of taking a photo with him and Bush standing next to a U.S. flag to post on Twitter.

18 comments:

  1. This is horse shit, he knew he was driving with expired plates and you must carry proof of insurance. He was on the main highway for drugs going North and money coming back South. With South Texas law enforcement/criminal justice and politicians carrying less than world class reputations why would HLS not just fall for his "palanca" bull shit? If you want to write about injustices this rates a minus 50 on any scale. Oh, too bad he was not the former Cameron County Sheriff.

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  2. Serves the turncoat right. Welcome to the world of ordinary folks. He is just used to everyone kissing his ass.

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  3. Mr. Pena you need to file a formal complaint. Otherwise you are just letting these bad police officers profile every Mexican individual that goes through that area and allow them to get mistreated. Please Do something!!!!!!!!!!!!!!!!!

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    1. How the hell can the police profile Mexicans when that is all there is driving South through Robstown? If they were profiling Mexicans they would have to stop every dam vehicle.

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    2. Trust me they do stop those that fit their profile of a Mexican Citizen!

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  4. (these bad police officers profile)

    They're as Mexican as you or I. What the imbecile (Pena) shoulda done was go with it and keep his fat trap shut as much as he could. But, NOOOO.
    Dags.

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  5. For years this area has participated in profile stops and they do it for the money. Their thinking seems to be that if they stop enough brown faces sooner or later they will stop one that is caring money that they can call drug money and confiscate. This helps fund their department. Woe be to the person carrying lots of legally earned cash who can't prove how they got it. It can and will be taken from them based only on suspicion. They don't have to prove a thing, in fact, you will have to prove where you got the money. "I saved it over thirty years of working at my menial job" will not be explanation enough. Asset forfeiture is all about the government.

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  6. Profiling, didn't we just go through that with the Zimmerman case?
    What's good for the goose is good for the gander.

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  7. If he was riding on expired license plates....how is that profiling? It was his misfortune that the Robstown police pay attention to things like that. Here in Brownsville, where a majority of the drivers don't have insurance, trailors don't have license plates and many plates/safety stickers/registrations are expired or invalid....our cops pay no attention....distracts from their "looking good" with shades and that toothpick in their mouths. Our cops don't stop folks for that kind of thing. And, despite what was written above, if you are inviolation....it ain't profiling stupid.

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  8. Now that he is a "former" state representative, and a Republican....what does he expect in South Texas. Gilberto Hinojosa probably called the Robstown PD on him. Why didn't he get a temporary tag for the vehicle.....his own fault. GUILTY....not profiling.

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  9. The "rest of us" have been going through this for years while driving highways 281 and 77. Those cops will stop you for anything; I was stopped for weaving within my lane. Cop said it was a sign of possible impaired driving.
    But Pena was in the wrong, and should have kept quiet.

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  10. wow barton is almost transforming into amanda bynes.. EVERY SINGLE COMMENT SOUNDS LIKE HIM..
    i am going to pray for you and your wive and your children.. god bless you and must you find the way of light and sanity.

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    1. Jimbo writes his own comments. He has said that. LOL!!!

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    2. You're confused, misinformed and comprehension-challenged!

      Jim

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  11. Looks like the gist of the story is missed by most. Does not say anywhere that Pena said or felt that the stop was racially motivated. In fact it says several times that he said he did not mind being pulled over or given a ticket for the expired license tags. I think the point he was trying to make was that once he was stopped he was treated like a drug mule or criminal of some type. Basically the question is whether the officers would have treated a white person that was stopped for the same thing the way he was treated.

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    1. I ( a Mexican) would have arrested him just to ensure he had no involvement with any drug cartels. I don't go care who he was.
      Dags.

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    2. Can not tell if you are serious in your response but i hope not. You would not have the right to arrest him "just to ensure he had no involvement with any drug cartels".

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  12. What are u to expect? He looks like a local brick layer(Albanil). He knew he was breaking the law as soon as he turned the car key and headed south. Are you telling me that he cannot afford the pinche TAGS! He deserves it and he just happens to look like a tipycal mexican. Welcome to the real valley world, Mr. ex congressman.

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