Tuesday, January 15, 2008

Lockney JP enters plea, 10 years probation

Lockney JP enters plea, 10 years probation
By Dan Packarddan.packard@amarillo.com

A Lockney justice of the peace pleaded guilty to aggravated assault with a deadly weapon in the shooting of her husband and drew a 10-year probated sentence Tuesday.
Michelle Araujo entered the plea shortly before her trial was to begin for shooting her husband, Romeo Araujo, three times in the abdomen at their home about 7 miles north of Lockney on March 10.
Michelle Araujo had been charged in a two-part indictment alleging attempted murder and aggravated assault with a deadly weapon.
The trial was moved on a change of venue from Floyd County to Randall County in June.
Randall County Criminal District Attorney James Farren was named special prosecutor.
"The victim didn't want her to go to prison.
This satisfies the victim and the state of Texas.
It gives the victim and the defendant a chance to rebuild their marriage," Farren said of the agreement. "Given the circumstances, this is the best outcome we could hope for and it comes closest to satisfying the needs of justice."
Defense attorney Travis Ware of Lubbock said, "We would rather have tried the case, but after talking to the alleged victim, we decided it was in the best interest of everyone that we reach an agreement that everybody could count on."
110th District Judge William Smith out of Floyd County presided during the proceedings at the Randall County Justice Center in Canyon.

Monday, January 14, 2008

Justice of peace goes on trial today.

Attempted murder charged
By Dan Packarddan.packard@amarillo.com

James Farren: Named special prosecutor

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The trial of a Lockney justice of the peace accused of attempted murder and assault with a deadly weapon in the shooting of her husband is scheduled to begin today in Randall County.
Floyd County Justice of the Peace Michelle Araujo faces trial for allegedly shooting her husband, Romeo Araujo, three times in the abdomen area at their home about 7 miles north of Lockney on March 10.
The trial was moved on a change of venue from Floyd County to Randall County in June. Randall County Criminal District Attorney James Farren was named special prosecutor.
The change of venue became necessary, said 110th District Attorney Becky McPherson, due to the publicity of the case in Lockney, a town of about 2,000 people located 80 miles southeast of Amarillo.
"It was big news, of course, in Lockney, a JP shooting her husband," McPherson said. "Everybody had an opinion on it. I don't know if they could have even seated a jury here. Everybody knew about it here."
McPherson said Michelle Araujo, 33 at the time of the shooting, and Romeo Araujo, then 39, remain married. Romeo Araujo filed for divorce but withdrew the petition, McPherson said.
Michelle Araujo has served as justice of the peace since October 1999, when she was appointed by Floyd County Commissioners.
The State Commission on Judicial Conduct suspended her with pay from her JP post April 5 after a misdemeanor charge of official oppression was lodged against her. The charge alleges Michelle Araujo threatened to use the authority of her office to ruin the quality of a citizen's life.
Michelle Araujo also faces a misdemeanor charge filed by the Texas Alcohol Beverage Commission on March 16. The charge alleges she sold alcohol to a minor at Bruskie's Liquor, a store owned by Michelle Araujo and her husband, in Briscoe County. It marked the second such allegation within a year's time.
Court action on the oppression charge and the charge of selling alcohol to a minor is pending.
Farren said jury selection for her attempted murder trial will begin at 9 a.m. today.
"We hope to have a jury sometime that afternoon and begin testimony that afternoon, but we might not get testimony until Tuesday," Farren said. "It's likely the case will run the rest of the week and may run into next week."
Farren said trials of public officials present problems for prosecutors and defense attorneys alike, especially with jury selection.
"Both sides are looking for a jury that can be fair," Farren said. "Some see public officials as people who can be trusted. Other people suspect all politicians are shady characters. Both sides want to select jurors who will be fair and impartial. An absolutely fair jury will decide the case based on the merits of the case and not on the position that anybody has (about public officials)."
Each charge in the trial - attempted murder and assault with a deadly weapon - is a second-degree felony that carries a punishment of two to 20 years in prison, Farren said.
However, Farren said, "Assault with a deadly weapon is normally a second-degree felony, but certain relationships raise the penalty to a first-degree felony. If it's proven that the victim was her husband and it's proven that she used a deadly weapon, the charge can rise to a first-degree felony.
"It seems strange, but a person could face more time for aggravated assault than for attempted murder."
Defense attorneys are former 242nd District Attorney Terry McEachern of Plainview and former Lubbock County Criminal District Attorney Travis Ware.
Neither could be reached for comment.
Farren said assistant district attorney Diana Estrada will assist him in prosecuting the case.

Trial Beings Today--

More than 10 months after being arrested and seven months after a change of venue, a Lockney justice of the peace faces trial beginning today in Randall County for attempted murder and assault with a deadly weapon in the shooting of her husband.

Floyd County Justice of the Peace Michelle Araujo is accused of allegedly shooting her husband, Romeo Araujo, three times in the abdomen area at their home about 7 miles north of Lockney on March 10.
The trial was moved from Floyd County to Randall County in June. A change of venue became necessary due to the publicity of the case in Lockney, said 110th District Attorney Becky McPherson.
“It was big news, of course, in Lockney, a JP shooting her husband,” McPherson told the Amarillo Globe-News. “Everybody had an opinion on it. I don’t know if they could have even seated a jury here. Everybody knew about it here.”
Randall County Criminal District Attorney James Farren was named special prosecutor.
Defense attorneys are former 242nd District Attorney Terry McEachern of Plainview and former Lubbock County Criminal District Attorney Travis Ware.
Neither could be reached for comment.
McPherson said Michelle Araujo, 33 at the time of the shooting, and Romeo Araujo, then 39, remain married. Romeo Araujo filed for divorce but withdrew the petition, McPherson said.
Michelle Araujo, who has served as justice of the peace since October 1999 when she was appointed by Floyd County Commissioners, was suspended with pay on April 5 by the State Commission on Judicial Conduct after a misdemeanor charge of official oppression was lodged against her. The charge alleges Araujo threatened to use the authority of her office to ruin the quality of a citizen’s life.
Meanwhile, Michelle Araujo also faces a misdemeanor charge filed by the Texas Alcohol Beverage Commission on March 16 alleging she sold alcohol to a minor at Bruskie’s Liquor, a store owned by the Araujos in Briscoe County. It marked the second such allegation in a year.
Court action on the oppression charge and the charge of selling alcohol to a minor is pending.
Jury selection for the attempted murder trial was to begin at 9 a.m. today.
“We hope to have a jury sometime that afternoon and begin testimony that afternoon, but we might not get testimony until Tuesday,” Farren said. “It’s likely the case will run the rest of the week and may run into next week.”
Farren said trials of public officials present problems for prosecutors and defense attorneys alike, especially with jury selection.
“Both sides are looking for a jury that can be fair,” Farren told the Globe-News. “Some see public officials as people who can be trusted. Other people suspect all politicians are shady characters. Both sides want to select jurors who will be fair and impartial. An absolutely fair jury will decide the case based on the merits of the case and not on the position that anybody has (about public officials).”
Each charge in the trial — attempted murder and assault with a deadly weapon — is a second-degree felony that carries a punishment of two to 20 years in prison, Farren said.
However, Farren said, “Assault with a deadly weapon is normally a second-degree felony, but certain relationships raise the penalty to a first-degree felony. If it’s proven that the victim was her husband and it’s proven that she used a deadly weapon, the charge can rise to a first-degree felony.
“It seems strange, but a person could face more time for aggravated assault than for attempted murder.”
(Contact Kevin Lewis at 806-296-1353 or kwlewis@hearstnp.com)