Preview
Filed: 8/10/2023 6:06 PM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 78424155
By: Shailja Dixit
8/11/2023 8:03 AM
CAUSE NO. 22-CV-2211
EDWARD RHOME, INDIVIDUALLY AND § IN THE DISTRICT COURT
AS NEXT FRIEND OF MINOR T.T. §
§
§
V. § GALVESTON COUNTY, TEXAS
§
UHF CHICORY COURT 1, LP, D/B/A §
PARC AT MARINA LANDING §
APARTMENTS § 405TH JUDICIAL DISTRICT
DEFENDANT’S REPLY TO PLAINTIFF’S RESPONSE TO DEFENDANT’S MOTION
FOR LEAVE TO DESIGNATE RESPONSIBLE THIRD PARTY
UHF Chicory Court 1, LP, d/b/a Parc at Marina Landing Apartments, Defendant, files this,
its Reply to Plaintiff’s Response to Defendant’s Motion for Leave to Designate Responsible Third
Party. In support, Defendant will show as follows:
A.
Reply Points
On February 6, 2023, Defendant filed its Motion for Leave to Designate Responsible Third
Party (hereinafter “Defendant’s Motion for Leave”), seeking to designate Pedro Centeno so that
his conduct may be submitted to the jury in a trial of this case. (See DEFENDANT’S MOTION FOR
LEAVE TO DESIGNATE RESPONSIBLE THIRD PARTY). On February 14, 2023, Plaintiff filed its
Response, objecting to Defendant’s Motion for Leave by claiming that Pedro Centeno, the
individual named in Defendant’s Motion for Leave, is a completely different person than Pedro
Centeno-Escobedo, the individual that Plaintiff implicates in its own pleadings. (See PLAINTIFF’S
RESPONSE). Further, Plaintiff asserts that the “exhibits which Defendant offers with its motion
provide no basis for designating Centeno-Escobedo as a responsible third party.” (PLAINTIFF’S
RESPONSE at 2, ¶ 2). Why Plaintiff has taken the position that “Pedro Centeno-Escobedo” is an
individual separate and apart from “Pedro Centeno” is unknown. However, what is known, is that
Plaintiff is wholly incorrect.
1. Pedro Centeno is the same person as Pedro Centeno-Escobedo, the assailant named
in Plaintiff’s Original Petition.
Plaintiff’s objection to Defendant’s Motion for Leave is based on the assertion that
“Defendant does not allege how it concluded that “Pedro Centeno” is the same person as “Pedro
Centeno-Escobedo.”” (PLAINTIFF’S RESPONSE at 3, ¶ 5). Again, why Plaintiff is adamant that
these are two different individuals is unknown. However, any confusion can be resolved by simply
referring to the criminal file obtained from the Galveston County District Clerk’s office, the county
handling the criminal conviction of T.T.’s alleged assailant. Defendant originally attached the
Judgement of Conviction as Exhibit 1 to Defendant’s Motion for Leave. Even with this
information, Plaintiff still claims that this does not provide adequate proof that “Pedro Centeno”
is the same person as “Pedro Centeno-Escobedo.” (PLAINTIFF’S RESPONSE at 3, ¶ 5). To alleviate
any confusion or concerns of Plaintiff, the entirety of Pedro Centeno’s criminal file is attached as
Exhibit 1 to Defendant’s Reply.
A review of Exhibit 1, which is public information and readily accessible, makes clear that
Pedro Centeno, convicted under Case No. 17CR1415, is the assailant involved in the alleged rape
of T.T., as T.T.’s name, as well as Edward Rhome’s name, is found throughout the file. (Exhibit
1 at 10, 18, 19, 29, 31, 39, 40, 41, 45, 49). It should be noted that the criminal file contained the
full name of minor T.T., however, Defendant has redacted the minor’s name for purposes related
to confidentiality of the minor Plaintiff.
Because Case No. 17CR1415 clearly and repeatedly references the charge and conviction
of Pedro Centeno for the aggravated sexual assault of a child and Plaintiffs’ names are clearly and
repeatedly referenced in the indictment and as witnesses for the State, it is abundantly clear that
2
Pedro Centeno, named in Case No. 17CR1415 and in Defendant’s Motion for Leave, is the alleged
assailant that Plaintiff has referred to as “Pedro Centeno-Escobedo.”
B.
Conclusion
Plaintiff alleges that T.T.’s assailant was captured, convicted and sentence for the crime.
(PLAINTIFF’S ORIGINAL PETITION at 4, ¶ 12). Exhibit 1 shows that Pedro Centeno is the individual
that was convicted of the crimes allegedly committed against T.T. It is clear that Pedro Centeno
caused and/or contributed to the harm for which Plaintiff seeks to recover., therefore, he should be
designated as a responsible third party pursuant to TEX. CIV. PRAC. & REM. CODE § 33.004.
C.
Prayer
For the reasons set forth above, it is abundantly clear that Pedro Centeno, named in
Defendant’s Motion for Leave, is the correct assailant involved in the alleged rape of Plaintiff T.T.
Therefore, Defendant respectfully requests this Court to grant Defendant’s Motion for Leave to
Designate Responsible Third Party.
3
Respectfully submitted,
THE HUDGINS LAW FIRM
A PROFESSIONAL CORPORATION
By:
Spencer Edwards
State Bar Number 90001513
sedwards@hudgins-law.com
Mallorie S. Walker
State Bar Number 24125446
mwalker@hudgins-law.com
24 Greenway Plaza, Suite 2000
Houston, Texas 77046
Telephone (713) 623-2550
Facsimile (713) 623-2793
ATTORNEYS FOR DEFENDANT
UHF CHICORY COURT 1, LP, D/B/A PARC
AT MARINA LANDING APARTMENTS
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Defendant’s Reply to
Plaintiff’s Response to Defendant’s Motion for Leave to Designate Responsible Third Party was
served on the following:
Ashish Mahendru
Darren A. Braun
Mahendru, P.C.
639 Heights Blvd.
Houston, Texas 77007
via electronic service on this 10th day of August, 2023.
Mallorie Walker
4
THE STATE OF. TEXAS
VS.
4E1.“ (LC .. lb, o mmmm
§
§
§
IN THE fl
GALVBSTON COUNTY. TEXAS
EXHIBIT 1
COURT OF
Pa
‘3
ORDER IMPOSING ADDITI NAL BOND CONDITIONS
\ fl
The Court finds Defendant ls charged with Stalking, Sexual Assault, or an offense invo_lvi famifiviolence as
de med by Section 71 .004 Family Code. if? $3,
The victim of the alleged offense ls: #3:) 50w .l ”Sin... I}
Cl. /J(hereinaftery um). o}
To ensure Defendant’ s attendance at trial, the Court hereby Imposes the following conditiqnm nd to the Wed
satty of the victim and the community, as authorized by Articles l7. 40 and l7. 49 of the Texas Code 'fic nal @cedure,
t0 it:
7:3; I
i}
1. Defendant will not communicate with the victim in a threatening or harassing manner, mclu
through a third party.
2. Defendant will not communicate with the victim at all, m person, in writing, by telephone or
tex't, or through email, social media or any other electronic means.
3. Defendant will not commit family violence or an assault against the victim.
4. Defenth will not commit an act in furtherance of Stalking against the victim.
5. Defendant will not commit any further law violations.
6. Defendant will mtg within 200 yards of the victig If Defenth comes in contact with the
victim in public, Defendant will immediately leave the area without communicating with
the victim.
'
7. Defenth will not o wi ards of th victim's residence, to wit:
Defendant will not go within 200vyards o the victim's place of employment, to wit:
__Defendant will not communicate with or go within 200 yards of the following minor
chil
_Dcfcndant will not possess a firearm.
SIGNED on this them day of f!% ,A.D., 20 I
’1
MAGISTRA
VIOLATION OF ANY OF THESE CONDITIONS IS CRIMINAL OFFENSE (P.C. 25.07).
RECEIPT ACKNOWLEDGEMENT
{(9 (0 (1Q fife"?
,
. by cknowl dg that I have received a copy of the above bond
C n nditi ns in open Court.
(M
v
DEFQNMW
-
IWW
copy of hese bon conditions to DEFENDANT on
.Officer
this the
aid Court of Galv s
day ofm Co nty, Texas, delivered a
.
17— CR— 1415 ‘
DCOBDBB
Order Regarding Bond
1420868
0F“
01
llllllllllllllllllllllllllllllll
EXHIBIT 1
!
‘
THE STATE OF TEXAS
'
’
o._[3(rL/v~
IN
543%—
THE CITY OF GALVESTON
VS. OF GALVESTON COUNTY, TEXAS
I Pedro Centeno § COURT N0.
|
l! PEACE OFFICER’S RE UEST FOR MAGISTRATE’S PROBABLE
i CAUSE FINDING IN ACCORDANCE WITH ART. 17.033 C.C.P
I
The Defendant
above styled and number cause was arrested without a warrant, for the offense of
in lhe
0n the
.Sexual Assault of a Child 21 St day 0f May 20 17 at 12: 10 AM.
Iereby request that a magxsu'ate revnew the probable cause Efflaavit prepared by thls officer concerning the facts 0f (.4
arrest and/or conduct an examining trial into this offense and then sign a written finding of probable cause. if n
hh a finding ls supponed ‘3
by [he evidence. 4-:
‘,
i 1:1,.
UThis misdemeanor case requires a probable cause finding within 24 hours of arrest T3
,
Ir)
I
m This felony case requires a probable cause finding within 48 hours of arrest.
'. ’3
,o
15'
Res cxfuuy Submitted,
Offi
é...
er’s Signature
Im Galveston
Department
PD I o
‘7’
I
.8
y
\
\‘
Det. J. Banks 5/21/17 12:10 AM
Painted Officer’s Name Date Time
I
MAGISTRASTE’S PROBABLE CAUSE FINDING — §0ND SETTING ORDER
l
The above styled and numbered cause was filed m Justice of the Peace Court In Galveston County, Texas.
defendant was arrested without a warrant In accordance with Art. l7. 033 C. C P, this court
l
M(asreviewed the complaint together with the probable cause affidavit submitted by [he arresting officer, and/or
D has conducted an examing trial in this case
Mds probable cause for further detention DOES exist.
D finds probable cause for further detention DOES NOT exist and ORDERS the Shen'ff of Galveston County,
'
Texas to immediately RELEASE the defendant from custody.
m This finding was made on the day of . 20_ al____._ o ‘.__clock
(wi
'n
24 hours of this misdemeanor Defendant s arrest).
m
W
H
l
This finding was made on the; \ day of 20L?! 2i
,‘s o ’clock
(within 48 hours of this felony Dcfcndant’ s arrest.)
Wade
D other:
is based 0n D live testimony. Wm, D lack of affidavit, D no live testimony.
Defenth s bond ls set at i: f 2Q O , U Pre-Trail Release authorized, if checked.
itional Cond'tions of
2
0nd:
2’"
¥ .
Mthcfl
Signed this day of ,
20L?
Magistrads Signature
Court
17- CR— 1415
PRCOB
gEobable Cause
Finding -
i
Order Setting Bond M F I
ix‘x\mnmuumumnmmum
{Form GC#-2}
02
STATUTORY WARNINGS BY MAGISTRATES SP
EXHIBIT 1
83:
g 77f
.
‘
I
Ans. 15.17, 26.04, c.c.P.
k
i
THE STATE 0F TEXAS 2
CQUNTY or GALVESTON
§
§
(’7 dry
(Yffi/ YOU 7
(PLEASE PRINT LEGIB Y)
c¥his
is Io certify that on this day, dcsimated below, I administered lo the herein identified accused the warning and admonishmenmf
r uired by Articles 15. l7 and 26.04 of the Texas Codc of Criminal Procedure. by informing him/her in clear language the following:
i
Pedro Ccntcno 5/21/17 12: 10 AM
Na'me of Accused Arrest Dale Arrest Time
1. I
You have been accused of the
Charge #1:
offense of
A53. Sexual Assault of a Child Bond: 580.000.00 l/"X
(é
1’}
C
'
‘
’f’
‘-
Charge #2: Bond: -.
“
‘ 3”;
Charge #3: Bond:
I
Charge #4: Bond: 7;)
2. You have the right to retain counsel. I _
i.
3. You have the right to remain silent. :21.
I
4. You have the right to have an attorney present during any interviews with peace officers or auomeys representing the State. ..
.4
L K)
'5
’
'
5. I You have the right to terminate the interview at any time. [V
A b i r
6. You have Lhe right [o request the appointment of counsel. if you are indigent and cannot afford counsel. , bf
L/
!
7. You have the right to an examining trial. _
8. 5
You are not required to make a statement and that any statement made by you may be used against you.
Upon inquiry by the Coun. the defendant stated the defendant is a citizen of
U United Slates o America, or
the country of , (che one) a D mandatory 3/ discretionary notification country,
D Are you a U.S. Veteran D Yes o D currently serving in the U.S. Military
Court further informed the defendant that
As a non-U.S. citizen. who is being arrested or detained, you arc entitled to have us notify your country’s consular
y I
representatives here in the United Slates.
Do you want us to notify your country’s consular officials? D Yes o
U Because of your nationality, we are required to notify your country’s consular representativ ere in the United States that you
have been arrested or detained. We shall notify your country‘s consular officials as soon as possible.
IEaddition, after advising the Accused of his/her right lo counsel (check one)
ee requested appointed Counsel and forms were completed and forwarded to (court or dcsigncc)
'
,20 by U Hand delivery D Interoffice mail D U.S. Mail
Arrestee did not request appointed counsel.
Further. l find that the Accused U [S 401‘ currently on bail for a separate offense, or [ I that I do not have enough
information to make this determination.
Total Bond(s) for these combined offense(s) is set at $ O , each being set individually as stated herein above.
U Pre-Trail Release bond is authorized, if checked.
cenify the above statutory warningqid other matters stated herein occurred at (check on
l
Texas or at [ 1 A. f Galveston County, Texas on
w
w/II/IIIII/III/Im/Iu/III/III/mu
”WW”
GALVESTON COUNTY, TEXAS
This is to certify that on this day. designated below. l received the above warning and admonishmem required by
the Texas Code of Criminal Procedure.
cfc
J
am
r0 C9
Signature
f! 4L0
K
GCSD & CDA)
W h o
I
(Orig al lo Court; Copies to
03
DeSendants’s Name: Pedro Cemeno - SPN.NO.:
EXHIBIT 1
4
Booking NO.:
Offense: Agg. Sexual Assault of a Child SerVice N0.:
Offense: Wanant No.:
Off n e: f yojr/
Off:n:e: l
f)
afl/ ”f
WAIVER 0F APPOINTED COUNSEL
I have been advised of my right to representation by counsel in the trial of the charge pending against me. 1 gave 1/;
been further advised that am unable to afford counsel, one will be appointed for me. Understanding my right to ,-
if I
have cou e1 appointed for me if I am not financially able to employ counsel, wish to waive that right and request z i
l
r me. I hereby waive my right to counsel
the coun
roceed\ ith my a without an attorney being inted ’37 '
¥
YO (fl 144940;," 4
Date De¥endant Signature L,
:4
k3
x
3:»;1
i”
REQUEST FOR COUNSEL
I have been told by the Magistrate that I have the right lo request (he appointment of a lawyer. I understood the
warnings given to me by the Magistrate. Ido want to request the appointment of an attorney.
Defendant Signature
ORDER SETTING ADDITIONAL CONDITIONS OF BOND
IT IS THE ORDER OF THE COURT that if you receive an appointed altomey and make bond, you shall
comply with the following additional terms and conditions of bond:
1. You shall keep all appointments with your attorney;
2. You shall attend all court settings, and;
3. You shall notify your altomey or your altomey’s office of any changes in your residence address,
business address or telephone numbers, within twenty-four (24) hours of such change.
Any violation of these conditions may result in your bond being held insufficient and you being relumed to custody.
Judge/Magistral
Defendant’s principal language if not English:
I understand these conditions of my bond.
17— CR - 1415
DCWOFC
Waiver of counsel ture
Date
“20859
{Form #GC-4} I
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04
EXHIBIT 1
,Uuulunr
3: S3
\
JUDGE MICHELLE SLAUGHIER ‘1 \
405*“ JUDICIAL DISTRICT 00mm .j
_
§~o«:-\u-—«"
GALVESTON COUNTY, TEXAS
DANA B. WINSTON Galveston Countyjustice Centcr CYLENA KORKMAS
COUKF COORDINATOR 600 59th Stmet, Suite 4204 OFFICIAL COUKF REPOKFER
Phone: (409) 765-2688 Galveston, Texas 77551 Phone: (4-09) 765-2683
Fax: (409) 765-2689 www.co.galvcston.b(.us/405th Fax: (4-09) 765-2689
NOTICE 0F APPOINTMENT
Preview
Filed: 8/10/2023 6:06 PM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 78424155 By: Shailja Dixit 8/11/2023 8:03 AM CAUSE NO. 22-CV-2211 EDWARD RHOME, INDIVIDUALLY AND § IN THE DISTRICT COURT AS NEXT FRIEND OF MINOR T.T. § § § V. § GALVESTON COUNTY, TEXAS § UHF CHICORY COURT 1, LP, D/B/A § PARC AT MARINA LANDING § APARTMENTS § 405TH JUDICIAL DISTRICT DEFENDANT’S REPLY TO PLAINTIFF’S RESPONSE TO DEFENDANT’S MOTION FOR LEAVE TO DESIGNATE RESPONSIBLE THIRD PARTY UHF Chicory Court 1, LP, d/b/a Parc at Marina Landing Apartments, Defendant, files this, its Reply to Plaintiff’s Response to Defendant’s Motion for Leave to Designate Responsible Third Party. In support, Defendant will show as follows: A. Reply Points On February 6, 2023, Defendant filed its Motion for Leave to Designate Responsible Third Party (hereinafter “Defendant’s Motion for Leave”), seeking to designate Pedro Centeno so that his conduct may be submitted to the jury in a trial of this case. (See DEFENDANT’S MOTION FOR LEAVE TO DESIGNATE RESPONSIBLE THIRD PARTY). On February 14, 2023, Plaintiff filed its Response, objecting to Defendant’s Motion for Leave by claiming that Pedro Centeno, the individual named in Defendant’s Motion for Leave, is a completely different person than Pedro Centeno-Escobedo, the individual that Plaintiff implicates in its own pleadings. (See PLAINTIFF’S RESPONSE). Further, Plaintiff asserts that the “exhibits which Defendant offers with its motion provide no basis for designating Centeno-Escobedo as a responsible third party.” (PLAINTIFF’S RESPONSE at 2, ¶ 2). Why Plaintiff has taken the position that “Pedro Centeno-Escobedo” is an individual separate and apart from “Pedro Centeno” is unknown. However, what is known, is that Plaintiff is wholly incorrect. 1. Pedro Centeno is the same person as Pedro Centeno-Escobedo, the assailant named in Plaintiff’s Original Petition. Plaintiff’s objection to Defendant’s Motion for Leave is based on the assertion that “Defendant does not allege how it concluded that “Pedro Centeno” is the same person as “Pedro Centeno-Escobedo.”” (PLAINTIFF’S RESPONSE at 3, ¶ 5). Again, why Plaintiff is adamant that these are two different individuals is unknown. However, any confusion can be resolved by simply referring to the criminal file obtained from the Galveston County District Clerk’s office, the county handling the criminal conviction of T.T.’s alleged assailant. Defendant originally attached the Judgement of Conviction as Exhibit 1 to Defendant’s Motion for Leave. Even with this information, Plaintiff still claims that this does not provide adequate proof that “Pedro Centeno” is the same person as “Pedro Centeno-Escobedo.” (PLAINTIFF’S RESPONSE at 3, ¶ 5). To alleviate any confusion or concerns of Plaintiff, the entirety of Pedro Centeno’s criminal file is attached as Exhibit 1 to Defendant’s Reply. A review of Exhibit 1, which is public information and readily accessible, makes clear that Pedro Centeno, convicted under Case No. 17CR1415, is the assailant involved in the alleged rape of T.T., as T.T.’s name, as well as Edward Rhome’s name, is found throughout the file. (Exhibit 1 at 10, 18, 19, 29, 31, 39, 40, 41, 45, 49). It should be noted that the criminal file contained the full name of minor T.T., however, Defendant has redacted the minor’s name for purposes related to confidentiality of the minor Plaintiff. Because Case No. 17CR1415 clearly and repeatedly references the charge and conviction of Pedro Centeno for the aggravated sexual assault of a child and Plaintiffs’ names are clearly and repeatedly referenced in the indictment and as witnesses for the State, it is abundantly clear that 2 Pedro Centeno, named in Case No. 17CR1415 and in Defendant’s Motion for Leave, is the alleged assailant that Plaintiff has referred to as “Pedro Centeno-Escobedo.” B. Conclusion Plaintiff alleges that T.T.’s assailant was captured, convicted and sentence for the crime. (PLAINTIFF’S ORIGINAL PETITION at 4, ¶ 12). Exhibit 1 shows that Pedro Centeno is the individual that was convicted of the crimes allegedly committed against T.T. It is clear that Pedro Centeno caused and/or contributed to the harm for which Plaintiff seeks to recover., therefore, he should be designated as a responsible third party pursuant to TEX. CIV. PRAC. & REM. CODE § 33.004. C. Prayer For the reasons set forth above, it is abundantly clear that Pedro Centeno, named in Defendant’s Motion for Leave, is the correct assailant involved in the alleged rape of Plaintiff T.T. Therefore, Defendant respectfully requests this Court to grant Defendant’s Motion for Leave to Designate Responsible Third Party. 3 Respectfully submitted, THE HUDGINS LAW FIRM A PROFESSIONAL CORPORATION By: Spencer Edwards State Bar Number 90001513 sedwards@hudgins-law.com Mallorie S. Walker State Bar Number 24125446 mwalker@hudgins-law.com 24 Greenway Plaza, Suite 2000 Houston, Texas 77046 Telephone (713) 623-2550 Facsimile (713) 623-2793 ATTORNEYS FOR DEFENDANT UHF CHICORY COURT 1, LP, D/B/A PARC AT MARINA LANDING APARTMENTS CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Defendant’s Reply to Plaintiff’s Response to Defendant’s Motion for Leave to Designate Responsible Third Party was served on the following: Ashish Mahendru Darren A. Braun Mahendru, P.C. 639 Heights Blvd. Houston, Texas 77007 via electronic service on this 10th day of August, 2023. Mallorie Walker 4 THE STATE OF. TEXAS VS. 4E1.“ (LC .. lb, o mmmm § § § IN THE fl GALVBSTON COUNTY. TEXAS EXHIBIT 1 COURT OF Pa ‘3 ORDER IMPOSING ADDITI NAL BOND CONDITIONS \ fl The Court finds Defendant ls charged with Stalking, Sexual Assault, or an offense invo_lvi famifiviolence as de med by Section 71 .004 Family Code. if? $3, The victim of the alleged offense ls: #3:) 50w .l ”Sin... I} Cl. /J(hereinaftery um). o} To ensure Defendant’ s attendance at trial, the Court hereby Imposes the following conditiqnm nd to the Wed satty of the victim and the community, as authorized by Articles l7. 40 and l7. 49 of the Texas Code 'fic nal @cedure, t0 it: 7:3; I i} 1. Defendant will not communicate with the victim in a threatening or harassing manner, mclu through a third party. 2. Defendant will not communicate with the victim at all, m person, in writing, by telephone or tex't, or through email, social media or any other electronic means. 3. Defendant will not commit family violence or an assault against the victim. 4. Defenth will not commit an act in furtherance of Stalking against the victim. 5. Defendant will not commit any further law violations. 6. Defendant will mtg within 200 yards of the victig If Defenth comes in contact with the victim in public, Defendant will immediately leave the area without communicating with the victim. ' 7. Defenth will not o wi ards of th victim's residence, to wit: Defendant will not go within 200vyards o the victim's place of employment, to wit: __Defendant will not communicate with or go within 200 yards of the following minor chil _Dcfcndant will not possess a firearm. SIGNED on this them day of f!% ,A.D., 20 I ’1 MAGISTRA VIOLATION OF ANY OF THESE CONDITIONS IS CRIMINAL OFFENSE (P.C. 25.07). RECEIPT ACKNOWLEDGEMENT {(9 (0 (1Q fife"? , . by cknowl dg that I have received a copy of the above bond C n nditi ns in open Court. (M v DEFQNMW - IWW copy of hese bon conditions to DEFENDANT on .Officer this the aid Court of Galv s day ofm Co nty, Texas, delivered a . 17— CR— 1415 ‘ DCOBDBB Order Regarding Bond 1420868 0F“ 01 llllllllllllllllllllllllllllllll EXHIBIT 1 ! ‘ THE STATE OF TEXAS ' ’ o._[3(rL/v~ IN 543%— THE CITY OF GALVESTON VS. OF GALVESTON COUNTY, TEXAS I Pedro Centeno § COURT N0. | l! PEACE OFFICER’S RE UEST FOR MAGISTRATE’S PROBABLE i CAUSE FINDING IN ACCORDANCE WITH ART. 17.033 C.C.P I The Defendant above styled and number cause was arrested without a warrant, for the offense of in lhe 0n the .Sexual Assault of a Child 21 St day 0f May 20 17 at 12: 10 AM. Iereby request that a magxsu'ate revnew the probable cause Efflaavit prepared by thls officer concerning the facts 0f (.4 arrest and/or conduct an examining trial into this offense and then sign a written finding of probable cause. if n hh a finding ls supponed ‘3 by [he evidence. 4-: ‘, i 1:1,. UThis misdemeanor case requires a probable cause finding within 24 hours of arrest T3 , Ir) I m This felony case requires a probable cause finding within 48 hours of arrest. '. ’3 ,o 15' Res cxfuuy Submitted, Offi é... er’s Signature Im Galveston Department PD I o ‘7’ I .8 y \ \‘ Det. J. Banks 5/21/17 12:10 AM Painted Officer’s Name Date Time I MAGISTRASTE’S PROBABLE CAUSE FINDING — §0ND SETTING ORDER l The above styled and numbered cause was filed m Justice of the Peace Court In Galveston County, Texas. defendant was arrested without a warrant In accordance with Art. l7. 033 C. C P, this court l M(asreviewed the complaint together with the probable cause affidavit submitted by [he arresting officer, and/or D has conducted an examing trial in this case Mds probable cause for further detention DOES exist. D finds probable cause for further detention DOES NOT exist and ORDERS the Shen'ff of Galveston County, ' Texas to immediately RELEASE the defendant from custody. m This finding was made on the day of . 20_ al____._ o ‘.__clock (wi 'n 24 hours of this misdemeanor Defendant s arrest). m W H l This finding was made on the; \ day of 20L?! 2i ,‘s o ’clock (within 48 hours of this felony Dcfcndant’ s arrest.) Wade D other: is based 0n D live testimony. Wm, D lack of affidavit, D no live testimony. Defenth s bond ls set at i: f 2Q O , U Pre-Trail Release authorized, if checked. itional Cond'tions of 2 0nd: 2’" ¥ . Mthcfl Signed this day of , 20L? Magistrads Signature Court 17- CR— 1415 PRCOB gEobable Cause Finding - i Order Setting Bond M F I ix‘x\mnmuumumnmmum {Form GC#-2} 02 STATUTORY WARNINGS BY MAGISTRATES SP EXHIBIT 1 83: g 77f . ‘ I Ans. 15.17, 26.04, c.c.P. k i THE STATE 0F TEXAS 2 CQUNTY or GALVESTON § § (’7 dry (Yffi/ YOU 7 (PLEASE PRINT LEGIB Y) c¥his is Io certify that on this day, dcsimated below, I administered lo the herein identified accused the warning and admonishmenmf r uired by Articles 15. l7 and 26.04 of the Texas Codc of Criminal Procedure. by informing him/her in clear language the following: i Pedro Ccntcno 5/21/17 12: 10 AM Na'me of Accused Arrest Dale Arrest Time 1. I You have been accused of the Charge #1: offense of A53. Sexual Assault of a Child Bond: 580.000.00 l/"X (é 1’} C ' ‘ ’f’ ‘- Charge #2: Bond: -. “ ‘ 3”; Charge #3: Bond: I Charge #4: Bond: 7;) 2. You have the right to retain counsel. I _ i. 3. You have the right to remain silent. :21. I 4. You have the right to have an attorney present during any interviews with peace officers or auomeys representing the State. .. .4 L K) '5 ’ ' 5. I You have the right to terminate the interview at any time. [V A b i r 6. You have Lhe right [o request the appointment of counsel. if you are indigent and cannot afford counsel. , bf L/ ! 7. You have the right to an examining trial. _ 8. 5 You are not required to make a statement and that any statement made by you may be used against you. Upon inquiry by the Coun. the defendant stated the defendant is a citizen of U United Slates o America, or the country of , (che one) a D mandatory 3/ discretionary notification country, D Are you a U.S. Veteran D Yes o D currently serving in the U.S. Military Court further informed the defendant that As a non-U.S. citizen. who is being arrested or detained, you arc entitled to have us notify your country’s consular y I representatives here in the United Slates. Do you want us to notify your country’s consular officials? D Yes o U Because of your nationality, we are required to notify your country’s consular representativ ere in the United States that you have been arrested or detained. We shall notify your country‘s consular officials as soon as possible. IEaddition, after advising the Accused of his/her right lo counsel (check one) ee requested appointed Counsel and forms were completed and forwarded to (court or dcsigncc) ' ,20 by U Hand delivery D Interoffice mail D U.S. Mail Arrestee did not request appointed counsel. Further. l find that the Accused U [S 401‘ currently on bail for a separate offense, or [ I that I do not have enough information to make this determination. Total Bond(s) for these combined offense(s) is set at $ O , each being set individually as stated herein above. U Pre-Trail Release bond is authorized, if checked. cenify the above statutory warningqid other matters stated herein occurred at (check on l Texas or at [ 1 A. f Galveston County, Texas on w w/II/IIIII/III/Im/Iu/III/III/mu ”WW” GALVESTON COUNTY, TEXAS This is to certify that on this day. designated below. l received the above warning and admonishmem required by the Texas Code of Criminal Procedure. cfc J am r0 C9 Signature f! 4L0 K GCSD & CDA) W h o I (Orig al lo Court; Copies to 03 DeSendants’s Name: Pedro Cemeno - SPN.NO.: EXHIBIT 1 4 Booking NO.: Offense: Agg. Sexual Assault of a Child SerVice N0.: Offense: Wanant No.: Off n e: f yojr/ Off:n:e: l f) afl/ ”f WAIVER 0F APPOINTED COUNSEL I have been advised of my right to representation by counsel in the trial of the charge pending against me. 1 gave 1/; been further advised that am unable to afford counsel, one will be appointed for me. Understanding my right to ,- if I have cou e1 appointed for me if I am not financially able to employ counsel, wish to waive that right and request z i l r me. I hereby waive my right to counsel the coun roceed\ ith my a without an attorney being inted ’37 ' ¥ YO (fl 144940;," 4 Date De¥endant Signature L, :4 k3 x 3:»;1 i” REQUEST FOR COUNSEL I have been told by the Magistrate that I have the right lo request (he appointment of a lawyer. I understood the warnings given to me by the Magistrate. Ido want to request the appointment of an attorney. Defendant Signature ORDER SETTING ADDITIONAL CONDITIONS OF BOND IT IS THE ORDER OF THE COURT that if you receive an appointed altomey and make bond, you shall comply with the following additional terms and conditions of bond: 1. You shall keep all appointments with your attorney; 2. You shall attend all court settings, and; 3. You shall notify your altomey or your altomey’s office of any changes in your residence address, business address or telephone numbers, within twenty-four (24) hours of such change. Any violation of these conditions may result in your bond being held insufficient and you being relumed to custody. Judge/Magistral Defendant’s principal language if not English: I understand these conditions of my bond. 17— CR - 1415 DCWOFC Waiver of counsel ture Date “20859 {Form #GC-4} I lllllflllllllllillflfmlllllWI! 04 EXHIBIT 1 ,Uuulunr 3: S3 \ JUDGE MICHELLE SLAUGHIER ‘1 \ 405*“ JUDICIAL DISTRICT 00mm .j _ §~o«:-\u-—«" GALVESTON COUNTY, TEXAS DANA B. WINSTON Galveston Countyjustice Centcr CYLENA KORKMAS COUKF COORDINATOR 600 59th Stmet, Suite 4204 OFFICIAL COUKF REPOKFER Phone: (409) 765-2688 Galveston, Texas 77551 Phone: (4-09) 765-2683 Fax: (409) 765-2689 www.co.galvcston.b(.us/405th Fax: (4-09) 765-2689 NOTICE 0F APPOINTMENT