On October 23, 2019, Honorable 81st District Judge Russell Wilson of the 81st District Court in Atascosa County, Texas, sentenced Kevin Warnken to 25 years in prison for the offense of Aggravated Assault with a Deadly Weapon Involving Family Violence and the maximum sentence of 10 years in prison for the offence of Unlawful Restraint Causing Serious Bodily Injury. Because of the aggravated nature of the first offense, Warnken must serve at least half of his sentence before being eligible for parole.
On November 21, 2016, the Pleasanton Police Department responded to a report of a domestic disturbance that originated at Bar K in Pleasanton. It was reported that Kevin Warnken had assaulted his girlfriend in the bar and had forced her to leave against her will. The officers eventually located Warnken’s truck at his apartment and found that the inside was covered with a large amount of blood. Eventually, officers were able to get Warnken to come to his door and found his girlfriend inside. They were immediately stunned by her swollen eyes and blood covered face and eyes, and the graphic nature of her injuries.
The victim was taken to the hospital for treatment from her wounds. She sustained an orbital fracture that still affects her vision to this day, as well as multiple bite marks, lacerations, and bruises. She told the officers that after being forced to leave the bar, Warnken continued to assault her in his truck and at his apartment, as well as at the ranch owned by his father.
In addition to testimony of the horrific nature of this assault, the judge also heard about Warnken’s past conduct. The District Attorney’s Office presented testimony of prior arrests and convictions including Racing on a Highway, Unlawfully Carrying a Weapon, Possession of a Prohibited Weapon, Resisting Arrest, Possession of a Controlled Substance, Introducing a Controlled Substance into a Correctional Facility, Assault Family Violence, Driving While Intoxicated, as well as multiple other assaults.
The Judge also heard evidence of multiple arrest for Evading in a Motor Vehicle. On one occasion, Warnken let police on a high-speed chase at speed over 100 mph through Atascosa and Wilson counties, until he eventually was apprehended in Bexar County. In addition to these crimes, the Judge heard evidence that Kevin Warnken is a member of the Bandidos motorcycle gang. The Bandidos are affiliated with drug trafficking and violent crimes.
The District Attorney’s Office would like to thank the Pleasanton Police Department for their investigative efforts and the hard work put into getting justice for the victim in this case. Additionally, the office would like to thank the other agencies responsible for investigating his many crimes, including the Texas Department of Public Safety – Highway Patrol and the Atascosa County Sheriff’s Office. It is though the hard work and dedication of our local law enforcement and my Assistant District Attorney, Bradlee Thornton, that this career criminal is finally taken off the street.
LIFE SENTENCE FOR A WILSON COUNTY REPEAT CHILD PREDATOR
Twelve jurors in Wilson County gave a child victim justice today, after the jury found Paul Pesina guilty of Aggravated Sexual Assault of a Child. Pesina previously served 12 years in prison for Aggravated Assault of a Child, and because of that prior conviction, he received an automatic life sentence in this case. Our office and the victim’s family are grateful for the jurors’ thoughtful deliberation as well as the hard work of law enforcement, Children’s Alliance of South Texas, and my dedicated prosecution team, Marc Ledet and Lorena Whitney. The child's unwavering courage will keep Pesina from ever molesting another child.
ATASCOSA JURY CONVICTS MAN OF MANSLAUGHTER
After less than an hour of deliberating, an Atascosa County jury found Marcellino Estrada guilty of manslaughter. Estrada was charged with manslaughter in the death of Stephen Willey at Texas South Bar in Pleasanton in October of 2016. Estrada will face sentencing by 81st Judicial District Judge Russell Wilson on November 25th. We are grateful to the jury for their time, thoughtful attention, and giving the Willey family some sense of peace and justice. I am also thankful for the hard work and determination of Pleasanton Police Department and my prosecution team, Brad Thornton and Kenny Lam, along with Victim Advocate, Katie Quinney, who will continue to be with the family every step of the way.
TODAY FORMER WILSON COUNTY TAX ASSESSOR- COLLECTOR, ANNA GONZALES, SENTENCED
On August 21, 2019, Anna Gonzales, retired Wilson County Tax Assessor Collector, pleaded guilty before the Honorable Judge Donna Rayes to the charge of Securing Execution of a Document by Deception. On that day she also paid over $17,000 in back taxes owed to the county.
The District Attorney’s office did not enter into a plea bargain agreement with Ms. Gonzales, so her plea of guilty subjected her to the full range of punishment which included between six months to two years in state prison or up to five years of probation, and up to a $10,000 fine.
Gonzales’ defense attorney argued that his client should receive no prison time due to her age, failing health, and lack of criminal history.
As your elected District Attorney, it was my duty to argue that she serve prison time because that was justice in this case. Public officials who commit crimes by abusing their position and power need to be held to a higher standard. Anna Gonzales violated the trust of her constituents, her employees, and her family.
While many in our community work hard to save and pay their property taxes, Gonzales took advantage of her position by manipulating the computer system in her office allowing her to avoid paying taxes for well over a decade.
At the end of today’s hearing, the judge sentenced Gonzalez to the full five years of probation, assessed a $10,000 fine, and ordered her to turn herself in to Wilson County jail tomorrow to await transport to an Intermediate Sanction Facility (ISF). The ISF is a lock-down, prison-like facility where Gonzalez will stay for the next 45 to 120 days. In addition, Gonzales was ordered to write a letter of apology to the citizens of Wilson County within 30 days and that the letter be published in the local newspapers as well as on the Wilson County website. Gonzales was ordered to pay all outstanding fines and penalties to date, perform 100 hours of community service, and attend an anti-theft class.
We are thankful to Dawn Barnett, the current Wilson County Tax Assessor and attorney Jeffrey Garcia of Linebarger, Goggan, Blair & Sampson Law Firm for uncovering this abuse as well as the assistance of the Texas Rangers.
My office will continue to work with the Texas Rangers and all other investigative agencies to assure the citizens of this district that local corruption will be uncovered, stopped, and prosecuted fully.
WILSON COUNTY WOMAN GIVEN 12 YEAR SENTENCE FOR STEALING FROM HER EMPLOYER
Michelle Allen, who previously pleaded guilty to Theft and Misapplication of Fiduciary Property, was sentenced to 12 years in prison, and ordered to pay $246,380.75 in restitution by the Honorable 81st Judicial District Judge Lynn Ellison. Allen asked for mercy and requested probation, while our office asked for the maximum 20 years in prison. Allen destroyed our victims’ business, but also violated their trust as employers and friends. We hope her prison sentence will provide some sense of justice and closure. The case could not have been prosecuted without the persistent work of Chief Bruce Richey and his staff at the La Vernia Police Department, as well as my dedicated prosecutors, Marc Ledet and Lorena Whitney.
Karnes County- Guilty Plea Leads to 10 Year Prison Sentence
On August 22, 2019 Betty Guevara Moreno pled guilty to Intoxication Manslaughter, and was sentenced to 10 years in prison. On December 6, 2015 Moreno crashed her vehicle into a semi- truck, causing the death of her passenger, Jose Mejia. Moreno’s blood tested positive for methamphetamine the night of the crash. Moreno’s sister was also injured in the crash. It has been a long road to justice for the family in this case, and it is our sincerest hope that this sentence can provide some closure, and allow the family to move forward and heal.
It is important to remember that intoxication can be caused by illegal drugs as well as prescription drugs, not just alcohol. Please be safe when driving, and consider the safety of yourself and others on the roadways when getting behind the wheel of a vehicle
ATASCOSA JURY CONVICTS MAN OF AGGRAVATED KIDNAPPING AND SENTENCES HIM TO 18 YEARS IN PRISON
On August 14, 2019, an Atascosa County jury convicted Irving Echeveria-Gutierrez of Aggravated Kidnapping. The jury heard evidence that on April 4, 2018, the Defendant and his co-defendant drove from Temple to Pleasanton, where Gutierrez and his co-defendant kicked in the door of Sylvia Casias, who was home with her 8 grandchildren. Armed with two 9mm handguns and an AR-15 with 50 rounds of ammunition, the defendants demanded money, drugs, and jewelry. When Mrs. Casias failed to give the defendant and his partner those things, Mrs. Casias was kidnapped at gun point, and told the family would have to pay.
A family member was able to assist deputies with using Mrs. Casias’s find my iPhone feature to track her phone and approximately an hour later, the Guadalupe County Sheriff’s Office was able to stop the car she was being held in near Seguin and recover her safely.
Evidence was also heard that this defendant was from Mexico and was in this country illegally.
The jury sentenced the defendant to 18 years in prison where he will have to serve at least half of his sentence before being eligible for parole. He currently has a hold on him from ICE, and once released from custody, will have deal with federal immigration law in place at the time of his release.
His co-defendant bonded out of jail, did not return to court, and has an active warrant for his arrest. The United States Marshall’s Fugitive Task Force has been notified and are assisting with his apprehension.
The District Attorney’s Office would like to thank Sgt. Kevin Draughn for his fast action in locating the victim using the iPhone feature, Lt. Max Peralta for racing across town to assist in the rescue, and the investigative efforts of Major Matt Miller and the rest of the team at the Atascosa County Sheriff’s Office for putting together a solid case. Also, the Guadalupe County Sheriff’s Office and the Texas Department of Public Safety did an amazing job locating the vehicle, stopping the car, and safely apprehending the suspects and rescuing the victim without anyone being harmed.
We thank the jury for their service, and encourage our community to continue to support the justice system by answering your jury summons and serving. It is your opportunity to decide what you believe is appropriate in cases such as this.
ATASCOSA CHILD MOLESTER GETS 18 YEARS IN PRISON
Joseph McCann, 25, was sentenced by Judge Lynn Ellison to 18 years in prison for the horrific aggravated sexual assaults of two young children, McCann’s cousins. McCann has previously pled to a cap of 25 years in prison for the sexual assaults, and asked the judge for leniency. A cap means the judge could have sentenced the defendant anywhere from probation up to 25 years. We hope the courage and strength of our victims will encourage other abuse victims to come forward. Their bravery will prevent McCann from brutalizing other children for years to come.
KARNES COUNTY MAN SENTENCED TO 12 YEARS IN PRISON FOR AGGRAVATED SEXUAL ASSAULT OF A CHILD
On July 30, 2019, Juan Escalante Avalos was sentenced to 12 years in prison for Aggravated Sexual Assault of his stepdaughter. The Honorable Russell Wilson heard the case, and after Avalos asked the judge for probation, Judge Wilson sentenced Avalos to prison. Thank you to the Children’s Alliance of South Texas, law enforcement, Texas DPS Crime Lab, and all those involved in bringing this case to justice. Most importantly, we want to commend the bravery of our young victim, who had the courage to speak out!
KARNES COUNTY MAN GETS 10 YEARS IN PRISON FOR CHURCH ARSON
As Karnes County jurors sat ready to hear the case, Nicholas Friesenhahn pleaded to 10 years in prison and 2 years in state jail for the arson and burglary of Good Shepherd Lutheran Church in Kenedy on March 22, 2017. Friesenhahn was taken into custody immediately.
We are grateful to provide some measure of justice to the members of the church. This would not have been possible without the dedication of President Leo Janysek, Jr., and Pastor Wally Schievelbein. We also would like to acknowledge the hard work of the State Fire Marshal, the Kenedy Police Department, District Attorney Analyst Karen Dziuk, and Assistant DA Raneca Henson. Each of these individuals and agencies was instrumental in seeing that justice was served.
