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HOMERO VILLARREAL
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Sunday, February 15, 2009
Kingsville Man Convicted of Possession of a Controlled Substance
Ipolito Vinton was convicted on Monday, February 9th in the 105th District Court of Kleberg County. The District Attorney, John Hubert, said that Ipolito Vinton (8-6-1965) was charged with Possession of a Controlled Substance, namely Cocaine. The jury deliberated for only about 20 minutes before returning a guilty verdict on the indictment. The Defendant asked Judge Manuel Bañales to assess punishment. The Judge assessed two years incarceration in State Jail.
The case began when on March 29, 2008 a routine nightly patrol by officers of the Kingsville Police Department stopped to talk with two men who were hanging out in a high crime area late at night. As the officers approached, one noticed that the Defendant dropped something on the ground. The second suspect was observed with white powder residue under his nose and admitted to having "snorted" cocaine earlier. When the officer began talking with the first suspect, he looked down where the first suspect was standing to see a small baggie of powder, later determined to be cocaine. The Defendant took the stand to testify. He denied dropping the cocaine and instead stated that he was urinating.
The jury found the Defendant's story to be unconvincing and convicted the Defendant based on the officer's observations. When considering punishment, Judge Bañales was able to consider the Defendant's extensive previous record. This included a previous stint on felony probation for possession of marijuana, which the Defendant did not complete. The Judge assessed the maximum state jail time in the case.
District Attorney Hubert said that the nightly patrols by the Kingsville Police Department were paying off. "The police presence during those hours helps catch criminals and deter other crimes." Hubert also commended Assistant District Attorney Aida Trevino on her ability to communicate the officer's observations to the jury. "Sometimes it is difficult to impart to the Jury what an officer saw in a manner that the Jury has an accurate mental picture of what happened. The jury understood her argument and presentation of the facts and agreed with her by convicting the Defendant."
Since this is a State Jail case, the Defendant must serve the sentence day for day with no good time or parole given.
Posted by HOMERO VILLARREAL at 10:29 PM
6 comments:
Anonymous said...
looks like an "air tight" case to me.
Is there some underlying issue or significant wrong committed.
Why is the article here on El Defensor?
February 16, 2009 5:20 AM
Anonymous said...
Duh, it is recognizing that that Dist. Attorney John Hubert is doing his job effectively in Kleberg/Kenedy Counties. In a very professional manner; he does not act like a madman that is angry at the world and wants to get back at everyone, but those that are harming agents in the community.
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