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First cousins charged with having sex with each other
by Gary Kent
23 months ago | 4880 views | 4 4 comments | 8 8 recommendations | email to a friend | print
Two first cousins were indicted this week under state law after a police investigation discovered the two had sex.

Ruben Perez and Elvira Martinez were named in two separate indictments, each on two counts of prohibited sexual conduct.

The charge against Perez was enhanced from a third degree to a second degree felony because he had a previous felony conviction on Aug. 13, 1992, on a charge of possession of a controlled substance, cocaine.

Perez was placed on community supervision after that conviction but the probation was revoked on Feb. 23, 1993.

Martinez’s offense was listed as a third degree felony. If convicted, she faces up to 10 years in prison and a fine of $10,000.

The cousins were accused by BPD investigators of having sex with each other even though they knew they were first cousins.

Others indicted Monday included:

• A 54-year-old Skidmore man arrested in January faces a possible 99-year or life term in prison and a fine of $10,000 if he is convicted of an offense listed in an indictment returned March 1 by members of the Bee County Grand Jury.

Deputies arrested Donald Jack Garrett on Jan. 29 with between four and 200 grams of what they identified as cocaine.

Bee County Sheriff’s Office investigators alleged that Garrett intended to sell the drugs.

According to a report filed by Deputy Brandon Burdick, Garrett and a woman were stopped for a traffic violation on U.S. Highway 181 south of Beeville and Burdick noticed a tear in the upholstery of the vehicle.

Upon closer inspection, the deputy saw a plastic bag with white powder inside. When the deputy looked inside the bag, he found 8.8 grams of cocaine packaged in smaller bags.

The woman was later released and Garrett was booked into the Bee County Jail on the same charge for which he was indicted Monday.

The offense is a first degree felony.

District Judge M.E. “Mike” Welborn set bond on the suspect at $5,000.

•Joe Adrian Moya on a charge of burglary of a habitation with intent to commit assault.

According to Beeville Police Department investigators, Moya broke into the home of a woman here in June 13, 2009, to assault her.

The charge is a second degree felony. If convicted, the defendant faces up to 20 years in prison and a $10,000 fine.

Bonds were $5,000 for each defendant.

•James Charles Baker on a charge of unlawful possession of a firearm by a felon.

The offense is a third degree felony.

Deputies claimed to have found a gun on the defendant on Nov. 21 of last year. He had a previous conviction on a charge of felony DWI on Sept. 16, 2006, in Jim Wells County.

Bond was $3,500.

•Leroy Barrera on a charge of retaliation, a third degree felony.

According to police, Barrera threatened Sgt. Victor Gonzales during an arrest on Nov. 6, 2009.

Bond was $1,000.

•Gilbert Martinez on a charge of burglary of a building.

The charge is a state jail felony and Martinez faces a possible term of two years in a state jail facility and a $10,000 fine if convicted of the charge.

According to police, the defendant broke into a building in the city owned by another man on Sept. 12, 2008.

Bond was $10,000.

•Justin Ray Pfenninger on a charge of evading arrest with a motor vehicle, a state jail felony.

BPD detectives alleged that Pfenninger fled from Patrolman Matt Miller during an arrest on Sept. 13, 2009.

Bond was $5,000.

•Miguel Mike Camacho on a charge of evading arrest with a motor vehicle, a state jail felony.

According to county investigators, Camacho used a vehicle to flee from Deputy Sgt. Ronnie Jones on Jan. 21.

Bond was $2,000.

•Patrick Anthony Salas on two counts of DWI with a child under the age of 15 in the vehicle.

Deputies arrested Salas for the offense on Jan. 1 and he had two children in the bar with him at the time.

The offense is a state jail felony.

Bond was $2,500.

•Abraham Anzaldua on a charge of injury to a child, a state jail felony.

According to BPD officers, the defendant injured a girl under the age of 14 by scratching and pulling on her arm on May 5, 2009.

Bond was $2,500.

•Erlinda Orosco Gonzales on a charge of theft of property, $1,500-$20,000.

The offense is a state jail felony.

Deputies alleged that the defendant took jewelry, including expensive rings and a lady’s Rolex watch, and a digital camera from a woman on Feb. 26, 2009.

Bond was $1,500.

•Juan Manuel Cardenas on a charge of forgery, passing.

The offense is a state jail felony.

Police alleged that Cardenas cashed a $1,200 check on the account of a local business on Nov. 11, 2009

Bond was $1,000.
Comments
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texasboomer64
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March 12, 2010
the kissing cousin story is really disgusting. who witness the acts? it sounds like retaliation to me. i just pray that the national news does not pick up this story, it's nasty. i agree with V2 all of the european royals are cousins . by the way, just because you arrest someone for having sex doesn't mean they are going to stop having sex.
jaguarsky
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March 12, 2010
Is it April 1st already?? This is one of the more troubling articles I have read of late. First of all, why is such an atiquated law still on the books? I mean, of course first cousins shouldn't have sex, but arresting them? Secondly, isn't there enough real crime in S. TX to keep law enforcement busy?

Oh, BTW, thanks to the boys/girls in blue for taking the heat off of my home state WV. Its now your turn to be the butt of cousins' sex jokes.

Jeez!! Still shaking my head over this one.
Lawyer
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March 11, 2010
I'm wondering the same thing. Perez's charge was enhanced from a third degree (2yrs to 10yrs)to a second degree (2yrs yo 20yrs) felony, which makes me suspect that he is "known" to law enforcement and this is their way of trying to get him out of the community. This charge won't make it to trial -- either Perez or the D.A. will "blink" first and as plea bargain will be made or the case will be dismissed. I seriously

doubt the Court would relish paying 90 venire persons to be called for voir dire for a case of "kissing-Cousins;" then pay 12 jurors for a day or two of evidence, not to mention burning the time of the judge, court reporter, bailiff, clerks, assistant prosecutor, public defendeer office, et cetera. Small wonder Bee County is hurting for funds.
V2
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March 11, 2010
Wow, while I don't condone sex between cousins actually arresting and charging people for it seems a little harsh. I mean, half the peerage of England wouldn't exist if they arrested eveyrone who had sex/married their cousin! Seems ridiculous that Beeville PD is spending time and money on something that is really a moral offense and should have nothing to so with the law. I remember a few years ago when two first cousins in TR were practically living as husband/wife...and no one cared enough to charge them with a stupid offense. I wonder what these two REALLY did to tick off Beeville's finest.