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McAllen ISD Trespasses then Arrests 1st Amendment Auditor

McAllen ISD Trespasses then Arrests 1st Amendment Auditor

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Manuel Pescador Jr., a 1st Amendment Auditor, was arrested for trespassing at McAllen ISD after attempting to schedule meetings and sign up for public comment. Despite having a legitimate reason to be on the property, he was denied and subsequently arrested for criminal trespass, even though he had previously been served a warning. An arrest warrant was signed on February 12, 2024.


McAllen ISD Trespasses Then Arrests 1st Amendment Auditor

McAllen ISD Trespasses then Arrests 1st Amendment Auditor

Manuel Pescador Jr, a 1st Amendment Auditor who goes by Mikey Brown on Facebook and has a YouTube Channel, was detained on February 12, 2024, and then arrested for criminal trespassing on public property at McAllen Independent School District (ISD).

McAllen ISD Police Chief Meets with 1st Amendment Auditor

On January 25, 2024, Manuel Pescador met with the Chief of McAllen ISD. During this meeting, Police Chief Silva informed Pescador that people who took an oath of office or are employed by a government agency feel harassed by Pescador filming while he is seeking services from the school district. Silva goes on to say that he is a public servant and is not concerned with being filmed, but others that work there are concerned.

The meeting continued with a discussion on Pescador’s presence, and Silva was informed that Pescador was attempting to schedule meetings with various leaders within McAllen ISD, but left without any scheduled appointments. Interestingly, an “oath of office” serves as an affirmation that a public servant will uphold the United States Constitution. It is widely established across the United States that people can be recorded in public places. However, it seems that Silva has not provided education to McAllen ISD public servants regarding constitutional rights. Instead, he appears to portray Pescador as a nuisance to government employees who are obligated to serve the people.

Video provided by Pescador:

McAllen ISD Issued Trespass Warning to 1st Amendment Auditor

Instead, Pescador returns on January 26, 2024, to schedule a meeting with various McAllen ISD leadership. However, upon checking in at the front desk, he is met by McAllen ISD Police Officers. They inform Pescador that after he schedules his appointments, he will need to leave, emphasizing that he is not welcome on McAllen ISD property unless it is for official business. Interestingly, Pescador was there to schedule appointments for legitimate business reasons, yet was denied the opportunity to do so. As a result, he was trespassed, despite the police officers acknowledging his legitimate reason to be on the property and his ability to schedule appointments in person.

Video provided by Pescador:

1st Amendment Auditor Returns to McAllen ISD for Official Business

Prior to February 12, 2024, Pescador refrained from entering McAllen ISD property; however, on that day he arrived early to register for public comment at a McAllen ISD Public Meeting. Before he arrived, he sent emails to various McAllen ISD leaders about his need to conduct official business. At least one of the McAllen ISD leaders responded to acknowledge Pescador’s need. Regardless of this notification and acknowledgment to it, upon his arrival, he was greeted by McAllen ISD Police Officers who even endeavored to aid him in setting up for public comment. However, following the attempt to do so, he was arrested for trespassing.

Video provided by Pescador:

McAllen ISD Police Officer Swears 1st Amendment Auditor Violated Trespass Warning

The probable cause affidavit filed to arrest Pescador is summarized as follows: on Monday, February 12, 2024, at approximately 1:20 p.m., McAllen I.S.D. Police Department Corporal Jose Flores #I 19 swiftly responded to a report of Criminal Trespass at the McAllen I.S.D. Administration Building, located at 2000 North 23rd Street in McAllen, Hidalgo County, Texas. Upon arrival, Corporal Flores promptly identified a familiar male individual, Manuel Pescador Jr., within the confines of the Administration Building. It was within Corporal Flores’ knowledge that Manuel Pescador Jr. had previously been served a Criminal Trespass Warning, explicitly prohibiting his entry into the building unless for a confirmed appointment or a school board meeting.

After conversing with the superintendent’s secretary, Corporal Flores ascertained that Manuel Pescador Jr. did not possess a scheduled appointment. Subsequently, Corporal Flores effected the arrest of Manuel Pescador Jr. for Criminal Trespass, a Class B Misdemeanor.

Further investigation by Investigator Dagoberto Rodriguez #205 revealed the issuance of a Criminal Trespass Warning to Manuel Pescador Jr. on January 26, 2024. It was communicated to Investigator Rodriguez that Dr. Rene Gutierrez, the Superintendent of McAllen I.S.D., explicitly expressed his desire to prohibit Manuel Pescador Jr. from being present on the premises. Investigator Rodriguez concluded that there existed substantial probable cause to substantiate the commission of the offense of Criminal Trespass, a Class B Misdemeanor, by Manuel Pescador Jr.

On February 12, 2024, Hidalgo County Justice of the Peace for Precinct 2, Place 2 signed a warrant for Pescador.

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.


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