LUFKIN, TX (KTRE) - A Lufkin man who a judge threatened to put in jail if he did not show up for his court hearing Tuesday found himself going to jail anyway after showing up for his hearing.
Joaquin Rivera Jr., 30, was scheduled for a plea hearing on Monday. But when he did not show, District Judge Paul White told his attorney, Ryan Deaton, that if he did not come to court at 8:30 a.m. Tuesday, White would put a warrant out for Rivera's arrest and he would spend Christmas in jail.
Rivera showed up Tuesday, but White rejected the plea deal of probation until the victim could come to court and say they agreed to it. While White was re-scheduling the hearing, Deaton asked to withdraw from the case, citing a lack of communication and payment from Rivera.
Because Deaton had put up Rivera's bond, Rivera had to forfeit the bond and he was placed back under arrest.
According to the arrest affidavit, ACSO deputies responded to a report of a family violence incident a home in the 200 block of Quincy Street on Dec. 27, 2014. When they got to the scene, Rivera's girlfriend told them that her boyfriend her choked her with a leather belt to the point that she had trouble breathing, but she was able to get away.
At that point, Rivera allegedly put the belt around his 5-year-old son's neck and threatened to kill her, his son, and himself.
The boy told the ACSO deputies that his father had placed the belt around his neck, but didn't hurt or choke him.
He is charged with assault and endangering a child.