ARRAIGNMENT-Kleberg County Precinct 4 Commissioner Romeo Lomas appeared at the 105th District Court Thursday for his arraignment to a misdemeanor indictment last month of abuse of official capacity. (Photo by Erika Hernandez) Precinct 4 Kleberg County Commissioner Romeo Lomas pleaded not guilty Thursday to a misdemeanor charge of abuse of official capacity during his arraignment before presiding Judge Rose Reyna in the 105th District Court in Kingsville.

Pre-trial date has been set for 1:30 p.m. Dec. 18 Jury selection has been scheduled for Feb. 5, and jury trial set for Feb. 8, 2010.

After the arraignment, Lomas said he was innocent and all of this had to do with politics.

“Let the jury decide,” said Lomas. Kingsville attorney Frank Alvarez represents Lomas who was present with him.

“I have not done anything wrong; I have not been here 31 years to be stupid,” Lomas said.

He has been surprised that he has received support community wide since his indictment.

Lomas said he was happy and grateful for the people who are supportative of him and it “has pulled them together.”

“I even had people from Sarita visit me,” Lomas said.

Lomas, 72, was indicted by the Kleberg Grand Jury on a misdemeanor charge of Abuse of Official Capacity under Chapter 39.02 of the Texas Penal Code Sept. 30, 2009.

Specifically, Lomas is charged with knowingly misusing government property, services or personnel, this spring. The allegations against Lomas stemmed after a complaint had been filed with the Texas Attorney General’s office, and Assistant Attorney General Shane Attaway of Austin who will prosecute the case. The complaint alleged that Lomas had used Kleberg County equipment to demolish his East Yoakum Street barbershop on or about March 2 of this month.

Lomas appeared before the Grand Jury Sept 23 and was questioned about the allegations and stated he had not done anything wrong and later stated officials would not tell him who filed the complaint but he believed “it was politically motivated.”

Lomas said Thursday that he paid a contractor who bought his backhoe to demolish the structure. He also paid a trucking company to take the debris to the landfill site and has receipts to show for the expenses.

“What have I done wrong? Lomas said, “this just comes down to politics; I am not in a click, not for sale and don’t kiss anybody,” he said Thursday.”

Lomas said Thursday that he was glad this situation was not going to drag on, referring to the pending trial.

After Lomas was indicted last month, legal modifications occurred in anticipation of the trial. Presiding Judge, J. Manuel Banales of the 105th District Court recused himself.

Judge Rose Reyna of Edinburg who presides over the 206th District Court was appointed. Banales, as the lone presiding district judge in this county, has oversight authority of the Kleberg County Commissioners Court.

John Hubert, Kleberg- Kenedy County District Attorney, also recused himself from any involvement in the investigation and prosecution of Lomas because of his relationship with the Kleberg County Commissioners Court.

Under Section 39.02, Abuse of Official Capacity “occurs when a public servant commits an offense if, with intent to obtain a benefit of with intent to harm or defraud another, he intentionally or knowingly violates a law relating to the public servant’s office or employment, or misuses government property, services, personnel, or any other thing of value belonging to the government that has come into the public servant’s custody or possession by virtue of the public servant’s office or employment.”

A Class B misdeamnor abuse of official capacity is purnishable by as many as 180 days in jail and a court fine of as much as $2,000.