Felon in possession of a firearm found guilty after failing to appear in court
Written by admin, Aug 10, 2016, Comments Off
Courtesy Yanira Deleon,
(Laredo, Texas)-The District Attorney’s Office reports the guilty verdict for Fernando Ruben Ugarte, 34, for unlawful possession of a firearm by a convicted felon and possession of a controlled substance and a not guilty ruling for discharge of a firearm following a three-day jury trial.
On July 17, 2014, the Laredo Police Department Communications Division received a call regarding shots fired at DJ’s Republic, a bar in north Laredo located on 414 Shiloh Drive. Upon arrival, officers met with two witnesses who stated Fernando Ruben Ugarte had been escorted out of the club due to bad conduct. Ugarte proceeded to get into his vehicle, an orange and black F250 truck. He subsequently discharged eight rounds in the air with a firearm before leaving the parking lot. Several minutes later, a pickup truck matching the description of Ugarte’s vehicle was found parked at an apartment complex on the 900 block of E. Saunders. A pistol was also seen inside the vehicle. Ugarte was detained and taken to the police station for further questioning. After a crime scene investigation was conducted, investigators found that the spent casings found at the scene matched the firearm rounds found in the vehicle.
Fernando Ruben Ugarte was placed under arrest after being identified by one of the witnesses and charged with unlawful possession of a firearm by a felon and discharge firearm in certain municipalities, a third-degree felony and a class A misdemeanor in the State of Texas, respectively. He was subsequently charged with possession of a controlled substance, a state jail felony, after three baggies of white powdery substance were found on Ugarte while he was being booked.
The jury trial was held in the 341st District Court before Judge Rebecca Palomo included testimony from Laredo police officers, eye-witnesses of the incident and expert witnesses. After the State rested its case and the court recessed for lunch, Ugarte failed to return to the courtroom. The State urged a motion for his bond to be lifted before the trial began, but it was denied by the court. A capias was issued with no bond and the trial continued without Ugarte. The jury rendered their verdict after three hours of deliberation. Ugarte was sentenced to 10 years to serve with a $10,000 fine for unlawful possession of a firearm and two years with a $10,000 fine for the possession of controlled substance charge, a maximum punishment for both counts.
Assistant District Attorneys Francisco Rodriguez, Joshua Davila and Ana De La Rosa prosecuted the case for the State.
