On December 26, 2019 a
Order
was filed
involving a dispute between
State Of Texas,
and
Perez, Rafael Enrique Diaz,
for Fugitive Warrant
in the District Court of Hidalgo County.
Preview
rvih,,4_44i444‘_______7
\
gLED
Case No. C-5312-19-B ATM £5 0 CLOCKiM
EX PARTE §
RAFAEL ENRIQUEZ DIAZ PEREZ , §
FUGITIVE FROM JUSTICE §
DOB: 02/04/1988 PID: #3150568 SO#01496583
FUGITIVE COMPLAINT
THE STATE OF TEXAS*
COUNTY OF HIDALGO*
My name is maraar H“ \AWE. and I am a Deputy Sheriff with the Office 0f the
Sheriff for the County of Hidhlgo, State of Texas.
I have good reason t0 believe, and d0 believe, that RAFAEL ENRIQUEZ DIAZ PEREZ is the
person who stands charged in the State 0f PUERTO RICO POLICE DEPARTMENT , County/Parish of
, 0f the offense(s) of LASCIVIOUS BEHAVIOR TOWARDS A CHILD (DAUGHTER), in violation 0f
the penal law 0f said State; that RAFAEL ENRIQUEZ DIAZ PEREZ is a fugitive from justice 0f said
State; and that RAFAEL ENRIQUEZ DIAZ PEREZ has been arrested without a warrant and is
presently in the Hidalgo County Adult Detention Center (County Jail), Edinburg, Texas.
My belief is based upon the following facts and information:
Copy 0f demanding state warrant;
Copy 0f complaint, information, indictment, offense report, photo id, and affidavit(s), if any.
I believe that this information furnished to me is credible.
WHE ffian req sthat said person be committed to the County Jail for a period not
exce ing 30 s i
mémjgetor for a governor' s warrant t0 be issued and served 0n erson.
sTd
maré'awaq V
af‘e/Q
LXfl‘ial’lt
Sign?ure
Affiant (flinted Name
w
The above complaint having been subscribed and sworn to, I find that probable cause exists for §
the arrest and commitment 0f RAFAEL ENRIQUEZ DIAZ PEREZ . 1
It is therefore ORDERED that RAFAEL ENRIQUEZ DIAZ PEREZ be committed t0 the Hidalgo
County Adult Detention Center (County Jail) for a period not exceeding 30 days, and if not arrested by a
Governor’s Warrant upon expiration 0f such period, said person may be discharged or recommitted for
a further period not to exceed sixty (60) days.
Signed on the Olday 0f TA (V a w Ly ,20 1 U.
Judge Presiding
Hidalgo County, Texas
JUDGE szazgcm M c.
GUERRA, JR,
THIS FORM OF ARRAIGNMENT FOR FUGITIVE ARRESTED WITHOUT GOVERNOR'S
WARRANT IS FOR THE JUDGE:
1. Case called: CASE NUMBER C-5312-l9-B,
EX PARTE RAFAEL ENRIQUEZ DIAZ PEREZ ,
FUGITIVE FROM THE STATE OF PUERTO RICO POLICE
DEPARTMENT
2. The fugitive is sworn as a witness.
"Is your true name RAFAEL ENRIQUEZ DIAZ PEREZ ?
You have been arrested for being a fugitive from the justice 0f the State of PUERTO RICO
POLICE DEPARTMENT , County/Parish 0f , based 0n the allegati0n(s) that you stand charged
with the offense(s) of LASCIVIOUS BEHAVIOR TOWARDS A CHILD (DAUGHTER).
Do you understand the clifi'r‘ge‘an‘d‘the—reas‘éfi‘th‘atymr ar€ih—ch\ _"““\
Do you understand that you have the right to have an attorney present at all stages of these
proceedings, in‘cluding this arraignment?
Are you represented by counsel?
Do you desire the assistance of counsel?
Do you have funds t0 employ counsel? [If not, appoint attorney and provide a copy of the
Fugitive Complaint and attachments.]
Do you admit that you are the person charged in the State 0f PUERTO RICO POLICE
DEPARTMENT ?
Do you understand that before you may be returned to that State you have the right to require the
issuance of a formal Governor's Warrant of Extradition?
Do you understand that you will be given an opportunity t0 challenge the legal sufficiency 0f the
Governor's Warrant if you desire t0 do s0 before being sent back to the State of PUERTO RICO
POLICE DEPARTMENT ?
D0 you Wish to waive extradition at this time?”
FUGITIVE WAIVES EXTRADITION PROCEEDINGS:
“Do you understand that by signing this form you give up the right t0 contest your return to the
State 0f PUERTO RICO POLICE DEPARTMENT and to require the issuance of a formal
Governor' Warrant?
Do you also understand that once you sign this form, you will not be permitted t0 be released on
bail unless both the District Attorney for the State 0f Texas, County 0f Hidalgo, and the Attorney
for the State of PUERTO RICO POLICE DEPARTMENT have consented, and the District
Attorney of Hidalgo County, Texas, stipulates that bail may be set?
Keeping in mind all that I have said to you, d0 you now wish t0 sign the Waiver of Extradition?
Do you do so freely and voluntarily and without promise 0f reward, leniency, 0r immunity?
Has anyone threatened you 0r any member of your family to get you to sign a waiver?
Have you read the Waiver form and do you understand it?
D0 you freely and voluntarily wish to sign the form?
Sign the form.
Defendant is remanded t0 the custody 0f the Sheriff of Hidalgo County, Texas, for the purpose 0f
delivery to the designated agents of the demanding State. The District Attorney and/or the Sheriff
0f Hidalgo County are instructed to notify the appropriate persons in the demanding State that
their agent(s) appear at the Jail to take custody of the fugitive.”
FUGITIVE DOES NOT WAIVE EXTRADITION PROCEEDINGS:
(A) If accused charged with offense punishable by death 0r life imprisonment, commit accused
to County Jail for such time not to exceed thirty (30) days t0 enable the arrest of accused to be
made under a Governor's Warrant:
"Accused is committed to the county jail pending service 0f a Governor' s Warrant and further
proceedings in this matter will be held 0n HUM)’
"
MBUH fl 11.10, at / 0: 5’ 00'
clock _/_}_..m
(thirty days from date 0f this arraignment.
(B) If accused charged with offense not punishable by death or life imprisonment, may admit
to bail by bond conditioned for accused's appearance at a time specified in the bond and for
accused's surrender upon the Governor's warrant:
IF BOND SET: a.
"Bail is set at ~ 6M! 43/; and further proceedings 0n this matter will be held 0n
M fiKCf} (I
é’
I.
)4) 0 ,at ll? .'
0i) o'clock ji.m. (.tlcl-iggbdaysfrom date of this arraignment).
IF NO BOND SET:
"Further proceedings 0n this matter will be held on
o'clock _.m. (thirty days from date 0f this arraignment .”
Document Filed Date
January 07, 2020
Case Filing Date
December 26, 2019
Category
Fugitive Warrant
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rvih,,4_44i444‘_______7 \ gLED Case No. C-5312-19-B ATM £5 0 CLOCKiM EX PARTE § RAFAEL ENRIQUEZ DIAZ PEREZ , § FUGITIVE FROM JUSTICE § DOB: 02/04/1988 PID: #3150568 SO#01496583 FUGITIVE COMPLAINT THE STATE OF TEXAS* COUNTY OF HIDALGO* My name is maraar H“ \AWE. and I am a Deputy Sheriff with the Office 0f the Sheriff for the County of Hidhlgo, State of Texas. I have good reason t0 believe, and d0 believe, that RAFAEL ENRIQUEZ DIAZ PEREZ is the person who stands charged in the State 0f PUERTO RICO POLICE DEPARTMENT , County/Parish of , 0f the offense(s) of LASCIVIOUS BEHAVIOR TOWARDS A CHILD (DAUGHTER), in violation 0f the penal law 0f said State; that RAFAEL ENRIQUEZ DIAZ PEREZ is a fugitive from justice 0f said State; and that RAFAEL ENRIQUEZ DIAZ PEREZ has been arrested without a warrant and is presently in the Hidalgo County Adult Detention Center (County Jail), Edinburg, Texas. My belief is based upon the following facts and information: Copy 0f demanding state warrant; Copy 0f complaint, information, indictment, offense report, photo id, and affidavit(s), if any. I believe that this information furnished to me is credible. WHE ffian req sthat said person be committed to the County Jail for a period not exce ing 30 s i mémjgetor for a governor' s warrant t0 be issued and served 0n erson. sTd maré'awaq V af‘e/Q LXfl‘ial’lt Sign?ure Affiant (flinted Name w The above complaint having been subscribed and sworn to, I find that probable cause exists for § the arrest and commitment 0f RAFAEL ENRIQUEZ DIAZ PEREZ . 1 It is therefore ORDERED that RAFAEL ENRIQUEZ DIAZ PEREZ be committed t0 the Hidalgo County Adult Detention Center (County Jail) for a period not exceeding 30 days, and if not arrested by a Governor’s Warrant upon expiration 0f such period, said person may be discharged or recommitted for a further period not to exceed sixty (60) days. Signed on the Olday 0f TA (V a w Ly ,20 1 U. Judge Presiding Hidalgo County, Texas JUDGE szazgcm M c. GUERRA, JR, THIS FORM OF ARRAIGNMENT FOR FUGITIVE ARRESTED WITHOUT GOVERNOR'S WARRANT IS FOR THE JUDGE: 1. Case called: CASE NUMBER C-5312-l9-B, EX PARTE RAFAEL ENRIQUEZ DIAZ PEREZ , FUGITIVE FROM THE STATE OF PUERTO RICO POLICE DEPARTMENT 2. The fugitive is sworn as a witness. "Is your true name RAFAEL ENRIQUEZ DIAZ PEREZ ? You have been arrested for being a fugitive from the justice 0f the State of PUERTO RICO POLICE DEPARTMENT , County/Parish 0f , based 0n the allegati0n(s) that you stand charged with the offense(s) of LASCIVIOUS BEHAVIOR TOWARDS A CHILD (DAUGHTER). Do you understand the clifi'r‘ge‘an‘d‘the—reas‘éfi‘th‘atymr ar€ih—ch\ _"““\ Do you understand that you have the right to have an attorney present at all stages of these proceedings, in‘cluding this arraignment? Are you represented by counsel? Do you desire the assistance of counsel? Do you have funds t0 employ counsel? [If not, appoint attorney and provide a copy of the Fugitive Complaint and attachments.] Do you admit that you are the person charged in the State 0f PUERTO RICO POLICE DEPARTMENT ? Do you understand that before you may be returned to that State you have the right to require the issuance of a formal Governor's Warrant of Extradition? Do you understand that you will be given an opportunity t0 challenge the legal sufficiency 0f the Governor's Warrant if you desire t0 do s0 before being sent back to the State of PUERTO RICO POLICE DEPARTMENT ? D0 you Wish to waive extradition at this time?” FUGITIVE WAIVES EXTRADITION PROCEEDINGS: “Do you understand that by signing this form you give up the right t0 contest your return to the State 0f PUERTO RICO POLICE DEPARTMENT and to require the issuance of a formal Governor' Warrant? Do you also understand that once you sign this form, you will not be permitted t0 be released on bail unless both the District Attorney for the State 0f Texas, County 0f Hidalgo, and the Attorney for the State of PUERTO RICO POLICE DEPARTMENT have consented, and the District Attorney of Hidalgo County, Texas, stipulates that bail may be set? Keeping in mind all that I have said to you, d0 you now wish t0 sign the Waiver of Extradition? Do you do so freely and voluntarily and without promise 0f reward, leniency, 0r immunity? Has anyone threatened you 0r any member of your family to get you to sign a waiver? Have you read the Waiver form and do you understand it? D0 you freely and voluntarily wish to sign the form? Sign the form. Defendant is remanded t0 the custody 0f the Sheriff of Hidalgo County, Texas, for the purpose 0f delivery to the designated agents of the demanding State. The District Attorney and/or the Sheriff 0f Hidalgo County are instructed to notify the appropriate persons in the demanding State that their agent(s) appear at the Jail to take custody of the fugitive.” FUGITIVE DOES NOT WAIVE EXTRADITION PROCEEDINGS: (A) If accused charged with offense punishable by death 0r life imprisonment, commit accused to County Jail for such time not to exceed thirty (30) days t0 enable the arrest of accused to be made under a Governor's Warrant: "Accused is committed to the county jail pending service 0f a Governor' s Warrant and further proceedings in this matter will be held 0n HUM)’ " MBUH fl 11.10, at / 0: 5’ 00' clock _/_}_..m (thirty days from date 0f this arraignment. (B) If accused charged with offense not punishable by death or life imprisonment, may admit to bail by bond conditioned for accused's appearance at a time specified in the bond and for accused's surrender upon the Governor's warrant: IF BOND SET: a. "Bail is set at ~ 6M! 43/; and further proceedings 0n this matter will be held 0n M fiKCf} (I é’ I. )4) 0 ,at ll? .' 0i) o'clock ji.m. (.tlcl-iggbdaysfrom date of this arraignment). IF NO BOND SET: "Further proceedings 0n this matter will be held on o'clock _.m. (thirty days from date 0f this arraignment .”