Trial for County Commissioner Romeo Lomas delayed

The trial for Precinct 4 Kleberg County Commissioner Romeo Lomas, who was indicted for official misconduct, has been reset for March 8 according to Shane Attaway, assistant attorney general for the state of Texas.

The trial had originally been set for Monday, Feb. 8.

After Lomas was indicted, Judge J. Manuel Banales, presiding judge of the 105th District Court and John Hubert, Kleberg-Kenedy District Attorney, recused themselves from the case.

Rose Reyna, District Judge of the 206th Judicial District Court in Hidalgo County, was appointed to preside over trial.

Three elected officials and a city of Kingsville supervisor are among 12 witnesses subpoenaed to testify. They are Kleberg County Judge Pete De La Garza; Kingsville Mayor Sam Fugate; Precinct 2 Kleberg County Commissioner Norma N. Alvarez and Dianne Leubert, City of Kingsville Solid Waste Superintendent.

Only a six-member jury panel will hear the trial because of the misdemeanor charges.

Attaway explained the verdict has to be unanimous. Although, the case involves a misdemeanor charge, it becomes a criminal trial because of official misconduct charges.

“It is unique from the rule standpoint in this particular case,” Attaway said this week.

“This rule applies to all official misconduct trials heard in Texas,” he said.

Attaway works with the Criminal Prosecution Division of the Attorney General’s Office and assists district attorneys in prosecuting cases throughout Texas.

Lomas said he is ready to go to court. “I feel I have not done anything wrong and let the jury decide,” Lomas said last week.

“We can go to court to find out who is right or not right,” he said.

“I believe in justice; some people do not believe in constitutional rights,” he said.

“All of us veterans defended our country so we can have constitutional rights and the right to be heard in a court of law and found guilty or not guilty.”

Frank Alvarez, a Kingsville attorney, and Rene Rodriguez, a Corpus Christi attorney, are representing him.

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

Specifically, Lomas, 72, was 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. Attaway was assigned to 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, 2009.

Lomas stated at that time that officials would not tell him who filed the complaint, but he knew the action was politically motivated. Lomas has served as a county Commissioner for 32 years.