CAMERON COUNTY PRECINCT 1 CONSTABLE SENTENCED

(BROWNSVILLE, Texas) - Saul Ochoa, Cameron County Precinct 1 Constable, has been sentenced to 57 months for possessing with intent to distribute marijuana, United States Attorney Don DeGabrielle announced today. He will also serve a three-year-term of supervised releases and assessed a $500 fine.

Ochoa pleaded guilty before U.S. District Judge Andrew S. Hanen and stands convicted of Count two of the indictment accusing him of possession with intent to distribute approximately 10 pounds of marijuana. At this morning's hearing, Ochoa admitted to selling 10 pounds of marijuana to a confidential informant on May 12, 2008, and stipulated to the written factual summary read in open court outlining the events supporting the three other charges of drug trafficking on various dates in May 2008 alleged in the indictment:

Port Isabel Police Department (PIPD), Drug Enforcement Administration (DEA) and FBI observed Ochoa, the elected Constable of Precinct 1 in Cameron County, selling multiple pound amounts of marijuana to a confidential informant on four different occasions in May 2008. Each of the sales were recorded by audio and video and observed through surveillance by law enforcement.

May 8, 2008 - Ochoa sold approximately five pounds of marijuana he had retrieved from his office to the confidential informant for $700 at Ochoa's house on in Laguna Vista, Texas, where the informant witnessed Ochoa snort cocaine.
May 12, 2008 - Ochoa retrieved 10 pounds of marijuana from his office and subsequently sold it to the confidential informant for $1,400. The informant told law enforcement that during his meetings with Ochoa that night, he saw weapons in Ochoa's squad vehicle. This is the count of conviction.
May 15, 2008 - Ochoa sold approximately five pounds of marijuana for $900 at Ochoa's house on Ebony in Laguna Vista, where he was again seen using cocaine. During the meeting, the informant, in Ochoa's presence, picked up a rifle that was in Ochoa's living room.
May 22, 2008 - Ochoa delivered another approximately five pounds of marijuana in the Port Isabel area for $750 . Prior to this sale, a recorded conversation between the informant and Ochoa confirmed the amount would be similar to the prior deal on May 15th.

Prior to these four documented purchases, the informant had purchased approximately 20 pounds of marijuana from Ochoa on various occasions that are separate and apart from the four indicted counts.

Ochoa was arrested on May 28, 2008 by members of the PIPD, DEA and FBI. Following his arrest, Ochoa admitted making the four sales to the informant, further noting he had a $40-a-day cocaine habit and had been selling marijuana seized as evidence to the informant.

A search of Ochoa's marked unit resulted in the discovery and seizure of three bundles totaling approximately eight pounds of marijuana, along with a loaded 9MM Beretta, two shot guns, shot gun ammunition, an M-16 as well as Ochoa's wallet with a personal use amount of cocaine. Evidence bags were also found that contained a unique evidence control number matching one of the marijuana seizures that was officially reported in the past by the Constable's Office.

At Ochoa's residence on Washington Street in Port Isabel, investigating agents recovered a digital scale, commonly used to weigh narcotics, a lighter, pipe, two hunting rifles and one brick of marijuana and empty evidence bags containing the same evidence identification number as those in Ochoa's truck. Approximately one pound of marijuana was found in Ochoa's master bedroom along with marijuana residue found in his master bedroom closet. A black bag with more empty plastic bags containing the same evidence identification number as the other searches, ammunition and a bullet-proof vest with marijuana residue on it were also recovered.

A search of Ochoa's personal office at the Precinct 1 station yielded cocaine residue in a bag in Ochoa's desk, along with the actual evidence locker and other evidence bags containing the same unique evidence control number as found in other searches detailed above. Ochoa was the only person with a key to his office and to the evidence locker, which was supposed to have approximately 190 pounds of marijuana from two recorded seizures. Only 15 pounds of the 190 pounds were accounted for.

Ochoa took office in January 2005. He was arrested Wednesday, May 28, 2008, at the PIPD by agents of the DEA, FBI and officers of the PIPD, who jointly investigated the case. Ochoa faces a maximum punishment of five years imprisonment and a $250,000 fine upon conviction. Sentencing is scheduled for Sept. 22, 2008, before Judge Hanen. He remains in federal custody.

The case is being prosecuted by Assistant U.S. Attorney Jody Young.

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