AntiGun Senator Arrested on Gun Charges



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McALLEN - A McAllen judge late Monday dismissed charges against state Sen. Juan "Chuy" Hinojosa shortly after his arrest for trying to carry a 9 mm handgun onto an airplane.


McAllen Municipal Court Judge Kathleen Henley tossed out the case against Hinojosa just before his arraignment, a court procedure in which suspects are read their rights and allowed to hear charges against them. A suspect typically is booked into jail after arraignment.


Hinojosa said he had put the gun in his briefcase and forgot it was there.


Henley on Tuesday declined comment, but said through a staffer she could not comment because it would be a violation of the judicial conduct code.


Shortly before 6 p.m. Monday, Transportation Security Administration screeners at McAllen-Miller International Airport discovered a loaded gun in a briefcase Hinojosa had planned to carry onto the plane. Screeners called McAllen police and Hinojosa was arrested and taken in a police car to the McAllen Police Department for booking.


Hinojosa, a longtime Democrat who represents Texas Senate District 20, told reporters as he left the police department that he had cleaned the gun and placed it in his briefcase, then forgot it was there.


Carrying a gun onto a plane is a violation of state and federal law. According the TSA Web site, violations can result in criminal charges and fines of up to $10,000.


McAllen Police Chief Victor Rodriguez said he was not pleased with decision to drop the charges against Hinojosa.


"I think 'dismayed' is too kind of a word for it," he said.


Rodriguez said this was the first case he could remember that was dismissed as it was being arraigned.


Whether Hinojosa simply made a mistake is not for the police to decide, Rodriguez said.


The strength of the law is that it allows police to charge a suspect even when the possession of a firearm is reckless, he said.


The department will continue the investigation despite the judge's dismissal of the case, Rodriguez said. Once that investigation is complete, McAllen police will refer the case to the Hidalgo County District Attorney's office and to the U.S. Attorney's office, because the case involves both state and federal charges.


"The (U.S.) Department of Justice neither confirms or denies the existence of the investigation," said Nancy Herrera, spokeswoman for Chuck Rosenberg, U.S. Attorney for the Southern District of Texas.


Hidalgo County District Attorney Rene Guerra said he was told Monday evening about the senator's arrest.


Hinojosa after his arrest told reporters he did not violate any laws because he did not have malicious intent when going through the metal detectors.


"I was handled like any other citizen," he said.


Guerra said that when McAllen police finish the investigation, his office will review whether legislators are allowed to carry a gun onto an airplane, and whether Hinojosa falls under the traveler's exception that determines where a person can carry a handgun. Texas Penal Code Sec. 46.15 says some people, such as licensed peace officers, can carry handguns into places where weapons are otherwise prohibited.




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