Angelina Co. judge sentences Houston man to 10 years probation for delivery of meth

Angelina Co. judge sentences Houston man to 10 years probation for delivery of meth
Jose Gutierrez (Source: Angelina County Jail)
Jose Gutierrez (Source: Angelina County Jail)

LUFKIN, TX (KTRE) - An Angelina County judge sentenced an 18-year-old Houston man to 10 years deferred adjudication for his part in delivering more than a pound of crystal methamphetamine to a Lufkin hotel in September 2013.

At a PSI hearing on Friday, Judge Paul White of the 159th Judicial District Court also ordered that Eric Rubio will have to spend six months confinement at an intermediate sanctions facility. After that, he will be sent to another two-year program, probably the Young Men About Change in Harris County.

Deferred adjudication means that Rubio

Rubio pleaded guilty to first-degree felony possession of a controlled substance more than 400 grams on June 27. He appeared in Judge Paul White's 159th Judicial District Court on Friday.

Rubio told the judge that he would go live with his mother in Houston, get a job, and stay out of trouble if the judge gives him a probated sentence.

"I'm not very impressed with your statement to me," White said. "This is not all about you, and this is all I heard. I've sent an 18 year old to penitentiary, but that's where you heading."

During his testimony, Rubio told District Attorney Art Bauereiss that he did bad stuff and went to jail.

Later Bauereiss asked Rubio whether he had been helping someone who was making the meth in Houston or it had been imported from Mexico. Rubio said that he never knew where the meth came from.

While Rubio was a juvenile, he was arrested and sent to boot camp. After he finished boot camp, Rubio came to Lufkin looking to sell more than a pound of meth.

Rubio didn't answer when he was asked if he had learned anything at boot camp.

He told the judge that he Jose Luis Gutierrez, his co-defendant, from school.

During his testimony, Rubio said that his brother is serving a 15-year prison sentence for a drug charge. He also said even though he knew his brother got in trouble for drugs, he was trying to sell the meth to get money.

Rubio admitted that he hadn't been threatened to deliver the drugs. He said that his brother's friends had asked him to deliver the meth to Lufkin.

"The minimum is 15 years," White said. "If you don't change, you need more than 15 years."

Later in the hearing, White asked Rubio if he had followed all the rules and policies at the Angelina County Jail while he was incarcerated there. Rubio said that he was a jail trusty until he passed food to an inmate and messed up the microwave.

Rubio said he made it to trusty again until he was caught with a lighter. He told the judge that he wasn't going to do anything with it; he was just going to keep it. In addition, Rubio said he had dice taken away from him because they were contraband.

According to a previous East Texas News story, the arrest occurred on Sept. 19, 2013. Texas Department of Public Safety narcotics agents arranged for a controlled delivery of crystal meth from a drug trafficking organization out of Harris County.

As part of the delivery, the DPS narcotics agent purchased more than a pound of crystal meth from Rubio and Gutierrez. The estimated street value of the crystal meth seized in the bust was $13,000.

When the two men were taken into custody, the DPS narcotics agents discovered a "usable amount" of marijuana on Rubio.

"A portion of the narcotics were colored, which is common in contraband sold by drug trafficking organizations," the press release stated.

The DPS narcotics agents were assisted by DPS highway patrol troopers, the Lufkin Police Department, and Texas Forest Service law enforcement officers.

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