Affidavit: Man spat on Nacogdoches County deputy, threatened him, deputy's family

Affidavit: Man spat on Nacogdoches County deputy, threatened him, deputy's family
Albino Nunez (Source: Nacogdoches County Jail)

NACOGDOCHES COUNTY, TX (KTRE) - When a Nacogdoches County Sheriff's Office deputy tried to transport a 29-year-old man to the hospital for a blood draw after a wreck Sunday, the man allegedly slammed his head against the patrol unit's cage and later threatened and spit on the deputy.

Albino Nunez, of San Augustine, is still being held in the San Augustine County Jail on a third-degree felony obstruction or retaliation charge, a third-degree felony harassment of a public servant charge, a Class A misdemeanor resisting arrest charge, a Class B misdemeanor criminal mischief between $100 and $750 charge, and a Class C misdemeanor driving without secured safety belt charge.

Collectively, Nunez' bond amount has been set at $36,000.

According to the arrest affidavit, NCSO were dispatched out to the area near the intersection of State Highway 103 and County Road 470at about 6:52 p.m. in reference to a wreck. When they got to the scene, they noticed that Nunez had glassy, bloodshot eyes and that he had the smell of alcohol on his breath, the affidavit stated.

The deputies then assisted with traffic until Texas Department of Public Safety troopers got to the scene and did field sobriety tests on Nunez.
At that point, one of the NCSO deputies attempted to take Nunez to a local hospital for a courtesy blood draw. Nunez was placed in the back seat with handcuffs, a "hobble strap," and a fastened seat belt.

While Nunez was being transported to the hospital, he started slamming his head against the cage in the back of the patrol unit in an attempt to hurt himself, the affidavit stated. He also allegedly threatened the deputy and the deputy's family with bodily harm and death.

Then Nunez started spitting, and he was able to spit between the top of the cage and the roof of the patrol unit, the affidavit stated. He allegedly spat on the NCSO deputy's head.

According to the affidavit, Nunez managed to get out of his seat belt and repositioned himself, so he could more directly spit on the deputy.

Later, it took three NCSO deputies to get Nunez out of the vehicle, the affidavit stated. They placed him in a "wrap" and put a spit mask on him. During the process, Nunez allegedly damaged the body-worn camera of the deputy that wrote the arrest affidavit.

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