On February 28, 2023, Ismael Rincon, a local business owner and videographer known for recording government interactions, visited the United Independent School District (UISD) Tax Office in Laredo, Texas. Rincon, a self-identified Second Amendment advocate, was openly carrying an airsoft pistol in a holster, as permitted under Texas law. Additionally, he wore a tactical vest designed to hold video recording equipment, with a handwritten sign attached to his back that read “TAXATION IS THEFT.”

According to the lawsuit filed in the U.S. District Court for the Southern District of Texas, Rincon’s purpose was to document the process of paying his property taxes. He interacted with tax office employees, completed his payment, and left the building without any confrontation or issue.

Arrest Warrant Based on Gun Law Interpretation

The following day, UISD Police Sergeant Sergio Garcia submitted a sworn affidavit seeking an arrest warrant for Rincon, alleging that he had violated Texas Penal Code § 46.03, which prohibits firearms on school premises. However, Rincon’s lawsuit argues that the UISD Tax Office does not qualify as a school premise under the statute. The tax office is located on 3501 E. Saunders Street, over a mile away from the nearest school, and functions solely as an administrative building.

Despite this, Chief of Police Aaron Salazar and Garcia determined there was probable cause to charge Rincon with a felony offense. Garcia’s affidavit claimed that Rincon had entered an educational institution with a firearm, even though no students were present at the location, and the tax office was not physically connected to a school campus.

Dramatic Home Arrest in Front of Children

On the morning of March 2, 2023, at approximately 7:20 a.m., Rincon dropped off two of his daughters at Juarez Lincoln Elementary School in Rio Bravo, Texas. Roughly 15 minutes later, as he was returning home to pick up his two sons, he noticed a white sedan driving erratically down his street before pulling into his driveway.

According to the lawsuit, an armed plainclothes officer, later identified as UISD Police Officer Gregorio Cantu, exited the vehicle, raised a rifle, and ordered Rincon to stop before he could enter his home. Fearing for his safety and that of his children, Rincon rushed inside and locked the door.

Within moments, multiple UISD police officers, including Salazar, Garcia, Cantu, Officer Armando Rodriguez, and Officer Damien Reynaga, arrived at the scene. The officers allegedly forced their way into Rincon’s home with weapons drawn. Rincon, concerned for his children’s safety, gathered his two sons—ages 3 and 14—into a bedroom and assured them everything would be okay.

The officers then breached the front door and entered the residence. Rincon, with his hands raised, told officers multiple times that his children were inside. Despite this, the lawsuit claims that Cantu pointed his rifle directly at Rincon’s children and ordered them to exit the house while leaving behind their phone, which was actively recording the encounter.

Jail Time and Dismissal of Charges

Rincon was handcuffed and transported to Webb County Jail, where he was held for approximately 10 hours before posting a $50,000 bail. In addition to the felony charge, Garcia issued a citation for criminal trespass under Texas Penal Code § 30.07, which prohibits carrying firearms on private property where signage explicitly bans such weapons.

Rincon’s lawsuit argues that this citation was baseless, as he was lawfully present at the tax office and no verbal or written warning had been given to him at the time of his visit. On May 19, 2023, a Webb County Justice of the Peace dismissed the criminal trespass citation with prejudice, meaning it could not be refiled.

Three days later, on May 22, 2023, the Webb County District Attorney’s Office dropped the felony charge, stating in an official disposition that the case “does not meet elements” required under the law.

Allegations in the Federal Lawsuit

Rincon is suing UISD and multiple officers, alleging violations of his constitutional rights, including:

1. Second Amendment Violation (Right to Bear Arms)

Rincon contends that his arrest was a direct infringement of his Second Amendment rights. He argues that Texas law permits the open carry of firearms in certain public buildings and that the UISD Tax Office does not fall under the restricted category of “school premises.”

2. Fourth Amendment Violation (Unlawful Search and Seizure)

The lawsuit claims that the officers unlawfully entered Rincon’s home and arrested him without probable cause. Rincon argues that the arrest warrant was improperly obtained based on a misinterpretation of state law and that no exigent circumstances justified the forced entry into his home.

3. Malicious Prosecution

According to the lawsuit, Garcia and Salazar knowingly pursued baseless charges against Rincon despite the lack of legal justification. The dismissal of both the trespassing citation and the felony charge supports Rincon’s claim that the prosecution was initiated without probable cause.

4. Intentional Infliction of Emotional Distress

Rincon alleges that the officers’ conduct—especially the aggressive entry into his home and the pointing of a rifle at his children—caused significant emotional trauma to his family. The lawsuit claims that Rincon’s children suffered from night terrors and anxiety for months following the incident.

5. Municipal Liability Under Monell Doctrine

The lawsuit holds UISD responsible for the alleged constitutional violations, arguing that the district failed to properly train and supervise its officers. Rincon contends that Chief Salazar, as a policymaker, directly approved and participated in the unlawful actions, making UISD liable under federal law.

Disclaimer

The content provided in this publication is for educational and informational purposes only. The Hawk’s Eye – Consulting & News strives to deliver accurate and impactful stories. However, readers are advised to seek professional legal counsel and guidance for their specific legal inquiries and concerns. The publication does not assume any responsibility for actions taken by individuals based on the information presented. 

Additionally, while every effort is made to ensure the reliability of the information, the publication does not warrant the completeness, accuracy, or timeliness of the content. Readers are encouraged to verify any legal information with official sources and to use their discretion when interpreting and applying the information provided.

A Couple of Our Other Reads

You may be interested in our publishing on the 772 arrest notifications TCOLE received in 2024..

Or you may find our publishing on a newly elected Texas sheriff’s battle with TCOLE over the accuracy of his personal history statement of interest.  

Follow Us on Social Media

If you are interested in staying updated on matters about your government in Texas and other important stories, trust The Hawk’s Eye – Consulting & News to provide reliable information that matters to you. You can follow us on social media platforms such as Facebook, Instagram, X, Reddit, YouTube, Tumblr, and LinkedIn to stay connected and informed.

FACEBOOK: TheHawksEyeNews
INSTAGRAM: Hawk_s_Eye_C_and_N
X: TheHawksEyeNews
REDDIT: TheHawksEyeCN
YOUTUBE: The Hawk’s Eye – Consulting & News
TUMBLR: The Hawk’s Eye – Consulting & News
LINKEDIN: The Hawk’s Eye – Consulting & News