CASE: 2017-66807 COMPLAINT NO. cJo/7 -1tJ/?£1-- THE STATE OF TEXAS {} MUNICIPAL COURT COUNTY OF HIDALGO {} MCALLEN, HIDALGO COUNTY, TEXAS I, Carlos Garcia, do solemnly swear that I have good reason to believe, and do believe and charge, that heretofore, on the 2ND day of September A.D.2017 in the County of Hidalgo and State of Texas, Brianda Arratia, hereinafter called Defendant, did then and there intentionally and knowingly cause bodily injury to Michael Ray Basaldu by punching and kicking him on his face and head causing him pain, discomfort and visible injury. Probable Cause Statement On Saturday, 9-2-17, at around 3:46am McAllen Police Officers responded to a residence and made contact with Brianda Arratia. Ms. Arratia reported she was assaulted by Michael Ray Basaldu. Officers attempted to make contact with Mr. Basaldu but were unable to. On Saturday, 9-2-17, at around 7:30am, Michael Basaldu made contact with McAllen Police Officers and reported that he had been assaulted by Brianda Arratia. On Monday, 9-4-17, McAllen Police Detectives interviewed M~. Arratia atthe police station. After Ms. Arratia was read her Miranda Warnings, she agreed to speak with Detectives after waiving her'rights. Ms. Arratia stated that while at a local bar in McAllen, Mr. Basaldu became jealous because she was having drinks with some of her other friends who were there. Ms. Arratia stated that Mr. Basaldu told her it was time to leave and they left the business in Mr. Basaldu's vehicle. Ms. Arratia stated that she and Mr. Basaldu began to argue over the issue. Ms. Arratia stated at one point she made a telephone call to one of her friends and the friend did not answer. This call was not terminated and the line remained open. The open line resulted in a voice message being left on Ms. Arratia's friend cell phone. Ms. Arratia's friend ended up calling Ms. Arratia due to the missed call by Ms. Arratia. Ms. Arratia stated shortly before reaching Trenton Rd on N. 2nd Street; Mr. Basaldu stopped the vehicle and told her "get the fuck out the car". Arratia stated that she exited the vehicle and began to walk away. Ms. Arratia stated that Mr. Basaldu returned to the nearby parking area and exited his vehicle. Mr. Basaldu then walked towards Ms. Arratia. Ms. Arratia stated that Mr. Basaldu then pushed her to the ground and kicked her on her left rib area. Ms. Arratia stated that Mr. Basaldu then got on top of her and began punching her on her face. She stated she raised her arms to protect herself but then stated she threw punches at Mr. Basaldu. Ms. Arratia stated Mr. Basaldu picked her up and took her back to his vehicle. Arratia stated that she agreed to get back in the vehicle. Ms. Arratia stated Mr. Basaldu then drove away and on the way they again began to argue. Ms. Arratia stated she got very frustrated with Michael and she pushed his head against the driver's side window. Ms. Arratia stated that Mr. Basaldu then punched her on the left side of her face with his right fist. Ms. Arratia admitted to punching Mr. Basaldu on his face however, she denied kicking Mr. Basaldu. Ms. Arratia stated Mr. Basaldu ended up arriving at his residence and moments later punched her on the left eye. Ms. Arratia stated she later sent a group text to her friends telling them Michael kicked her on her ribs. Ms. Arratia displayed the following injuries: swelling to her left eye, a bruise on the inner left ear, red markings on her left side of her ribs, a small cut to one of her fingers on her left hand and scratches on her left knee. Photos the injuries were obtained as evidence. Ms. Arratia stated she is willing to file charges. Detectives later interviewed two of Ms. Arratia's friends (male and female) who were with her at a local bar. The female friend is the person who Ms. Arratia called and did not answer resulting in the voice message and open line. The female friend provided a copy of the voice message, call history and a group text message to Detectives. Detectives heard the voice message in which a male and female are heard to be in distress and engaged in an argument. The female, who is Ms. Arratia, is crying and asking repeatedly for Michael to give her back her cell phone. Ms. Arratia is also heard saying "Michael stop" and "stop hitting me". Mr. Basaldu is heard telling Ms. Arratia, "Look at the way you are acting" and later is heard saying "I'm going to tell her you don't need me and we are done". The female friend also states during the open line Mr. Basaldu says "come over to 2nd and Trenton". The male and female friend then drove to the area of 2nd St. arid Trenton and saw Mr. Basaldu's vehicle parked in the parking lot area of the hike and bike trail. The male and friend said that Michael Basaldu told them everything was fine and for them to "just keep going". The male and female friend drove away but they did state they observed Ms. Arratia kneeling on the ground next to Mr. Basaldu's vehicle on the driver's side area. In the group text message, on Sept 2,2017 at around 2: 17am, Ms. Arratia told her friends that Michal had kicked her on her ribs. Later that same night, the female friend met with Ms. Arratia at her residence during which time the female friend observed the swelling under her left eye, the red markings on the left side of the ribs, the scrapes on her knees and bruising in her inner left ear. On Tuesday, 9-5-17, Detectives interviewed Michael Basaldu at the police department. Mr. Basaldu was read his Miranda Warnings and he agreed to speak with Detectives after waiving his rights. Mr. Basaldu stated he was at a local bar in McAllen drinking with Brianda Arratia. He stated he and Ms. Arratia left a few minutes before 2 AM. Mr. Basaldu stated he and Ms. Arratia then began to argue as he drove his vehicle north on 2nd St. He stated he stopped his vehicle at a red traffic light near the 7200 blk ofN. 2nd Street, after Mr. Arratia told him she wanted to exit his vehicle. When Ms. Arratia exited his vehicle, he stated he reversed and parked in the parking lot area of the hike and bike trail. He stated he exited his vehicle and tried to convince Ms. Arratia to get back in-his vehicle due to her being heavily into~iioate~,. Mr. Basaldu stated he walked over to Ms. Arratia and grabbed her in a "bear hug" in an attempted to place her back into his vehicle, Mr. Basaldu reportedthat Ms. Arratia then began to vomit and at that time two of Ms. Arratia's friends stopped by with them. Mr. Ba:s~rd:;:;'~ta:redhedidtell both Ms. Arratia's friends that everything was fine and that they could leave. Mr. Basaldu stated Ms. Arratia got back into his vehicle during which time he drove north on 2nd Street. Mr. Basaldu stated that a few blocks away Ms. Arratia began to scream at him again but this time she began to punch him on his face with closed fists as he was driving. Mr. Basaldu stated that he then grabbed Ms. Arratia's head and pulled her down towards him to prevent her from further assaulting him but she continued to punch him. Mr. Basaldu stated that Ms. Arratia somehow ended up sitting on the passenger seat with her legs facing him and kicked him on the right side of his face and right side of his head area with her high heel shoes. Mr. Basaldu stated he then released Ms. Arratia from her head and she continued to argue during the entire drive. Mr. Basaldu stated once he arrived at his residence Ms. Arratia left in her vehicle. Mr. Basaldu denied assaulting Ms. Arratia and was not able to explain Ms. Arratia's visible injuries. Mr. Basaldu also denied taking Ms. Arratia's cell phone away, and also denied speaking with anyone on her cell phone saying to come to 2nd and Trenton. Mr. Basaldu displayed the following injuries: a red marking on the right side of his scalp and on the back right head area, a circled red mark laceration on the right cheek bone area, a bruise on his bottom right forearm, red markings on his left inner wrist, left arm, lower chest, right side of his chest. Mr. Basaldu states he is willing to file charges. During the course of the investigation, Detectives learned that Mr. Basaldu and Ms. Arratia were involved in a Dating Relationship. Based on the statement and injuries Mr. Basaldu sustained, this affiant, respectfully request an arrest warrant for Brianda Arratia for Assault. SUSPECT: Brianda Arratia DaB WfF BRNIBRN 5'02" 125 LBS TX DL. Wherefore, I ask that a warrant to arrest said Defendant be issued forthwith in accorda4h Ok. ~ ~~ , ...-y ~ SWORN TO AND SUBSCRlBED cg BEFORE ME this ~ th~w ? in sucibases provided. c.{/.~- AFFIAN'I day of SEPTEMBER, 2017 A. . ..'.~,."-, CASE: 2017-66807 1•... COMPL::~ NO. --'t::7'U=--='-I-I-.l1f------"~~/~_c.J--:3----- THE STATE OF TEXAS {} MUNICIPAL COURT COUNTY OF HIDALGO {} MCALLEN, HIDALGO COUNTY, TEXAS I, Carlos Garcia, do solemnly swear that I have good reason to believe, and do believe and charge, that heretofore, on the 2ND day of September A.D.20t7 in the County of Hidalgo and State of Texas, Michael Ray Basaldu, hereinafter called Defendant, did then and there intentionally and knowingly cause bodily injury to Brianda Arratia by punching her on the face and head and kicking her on the ribs causing her pain, discomfort and visible injury. Probable Cause Statement On Saturday, 9-2-17, at around 3 :46arn McAllen Police Officers responded to a residence and made contact with Brianda Arratia. Ms. Arratia reported she was assaulted by Michael Ray Basaldu. Officers attempted to make contact with Mr. Basaldu but were unable to. On Saturday, 9-2-17, at around 7:30am, Michael Basaldu made contact with McAllen Police Officers and reported that he had been assaulted by Brianda Arratia. On Monday, 9-4-17, McAllen Police Detectives interviewed Ms. Arratiaat.the police station. After Ms. Arratia was read her Miranda Warnings, she agreed to speak with Detectives after waivingher !;.ighis.. Ms. Arratia stated that while at a local bar in McAllen, Mr. Basaldu became jealous because she was having drinks with some of her other friends who were there. Ms. Arratia stated that Mr. Basaldu told her it was time to leave and they left the business in Mr. Basaldu's vehicle. Ms. Arratia stated that she and Mr. Basaldu began to argue over the issue. Ms. Arratia stated at one point she made a telephone call to one of her friends and the friend did not answer. This call was not terminated and the line remained open. The open line resulted in a voice message being left on Ms. Arratia's friend cell phone. Ms. Arratia's friend ended up calling Ms. Arratia due to the missed call by Ms. Arratia. Ms. Arratia stated shortly before reaching Trenton Rd on N. 2nd Street; Mr. Basaldu stopped the vehicle and told her "get the fuck out the car". Arratia stated that she exited the vehicle and began to walk away. Ms. Arratia stated that Mr. Basaldu returned to the nearby parking area and exited his vehicle. Mr. Basaldu then walked towards Ms. Arratia. Ms. Arratia stated that Mr. Basaldu then pushed her to the ground and kicked her on her left rib area. Ms. Arratia stated that Mr. Basaldu then got on top of her and began punching her on her face. She stated she raised her arms to protect herself but then stated she threw punches at Mr. Basaldu. Ms. Arratia stated Mr. Basaldu picked her up and took her back to his vehicle. Arratia stated that she agreed to get back in the vehicle. Ms. Arratia stated Mr. Basaldu then drove away and on the way they again began to argue. Ms. Arratia stated she got very frustrated with Michael and she pushed his head against the driver's side window. Ms. Arratia stated that Mr. Basaldu then punched her on the left side of her face with his right fist. Ms. Arratia admitted to punching Mr. Basaldu on his face however, she denied kicking Mr. Basaldu. Ms. Arratia stated Mr.Tsasaldu ended up arriving at his residence and moments later punched her on the left eye. Ms. Arratia stated she later sent a group text to her friends telling them Michael kicked her on her ribs. Ms. Arratia displayed the following injuries: swelling to her left eye, a bruise on the inner left ear, red markings on her left side of her ribs, a small cut to one of her fingers on her left hand and scratches on her left knee. Photos the injuries were obtained as evidence. Ms. Arratia stated she is willing to file charges. Detectives later interviewed two of Ms. Arratia's friends (male and female) who were with her at a local bar. The female friend is the person who Ms. Arratia called and did not answer resulting in the voice message and open line. The female friend provided a copy of the voice message, call history and a group text message to Detectives. Detectives heard the voice message in which a male and female are heard to be in distress and engaged in an argument. The female, who is Ms. Arratia, is crying and asking repeatedly for Michael to give her back her cell phone. Ms. Arratia is also heard saying "Michael stop" and "stop hitting me". Mr. Basaldu is heard telling Ms. Arratia, "Look at the way you are acting" and later is heard saying "I'm going to tell her you don't need me and we are done". The female friend also states during the open line Mr. Basaldu says "come over to 2nd and Trenton". The male and female friend then drove to the area of 2nd St. and Trenton and saw Mr. Basaldu's vehicle parked in the parking lot area of the hike and bike trail. The male and friend said that Michael Basaldu told them everything was fine and for them to "just keep going". The male and female friend drove away but they did state they observed Ms. Arratia kneeling on the ground next to Mr. Basaldu's vehicle on the driver's side area. In the group text message, on Sept 2,2017 at around 2: 17am, Ms. Arratia told her friends that Michal had kicked her on her ribs. Later that same night, the female friend met with Ms. Arratia at her residence during which time the female friend observed the swelling under her left eye, the red markings on the left side of the ribs, the scrapes on her knees and bruising in her inner left ear. On Tuesday, 9-5-17, Detectives interviewed Michael Basaldu at the police department. Mr. Basaldu was read his Miranda Warnings and he agreed to speak with Detectives after waiving his rights. Mr. Basaldu stated he was at a local bar in McAllen drinking with Brianda Arratia. He stated he and Ms. Arratia left a few minutes before 2 AM. Mr. Basaldu stated he and Ms. Arratia then began to argue as he drove his vehicle north on 2nd St. He stated he stopped his vehicle at a red 'traffic light near the 7200 blk ofN. 2nd Street, after Mr. Arratia told him she wanted to exit his vehicle. When Ms. Arratia exited his vehicle, he stated he reversed and parked in the parking lot area of the hike and bike trail. He stated he exited his vehicle and tried to convince Ms. Arratia toget back in his vehicle due to her being heavily intoxicated.Mr. Basaldu stated he walked over to Ms. Arratia and grabbed her in a "bear hug" in:an attempted to place her back into his vehic.le.· Mr. 'Basaldu reported that Ms. Arratia then began to vomit and at that time two of Ms. Arratia's friends stopped by with them. Mr. Basaldu stated he did tell both Ms. Arratia's friends that everything was fine and that they could leave. Mr. Basaldu stated Ms. Arratia got back into his vehicle during which time he drove north on 2nd Street. Mr. Basaldu stated that a few blocks away Ms. Arratia began to scream at him again but this time she . began to punch him on his face with closed fists as he was driving. Mr. Basaldu stated that he then grabbed Ms. Arratia's head and pulled her down towards him to prevent her from further assaulting him but she continued to punch him. Mr. Basaldu stated that Ms. Arratiasomehow ended up sitting on the passenger seat with her legs facing him and kicked him on the right side of his face and right side of his head area with her high heel shoes. Mr. Basaldu stated he then released Ms. Arratia from her head and she continued to argue during the entire drive. Mr. Basaldu stated once he arrived at his residence Ms. Arratia left in her vehicle. Mr. Basaldu denied assaulting Ms. Arratia and was not able to explain Ms. Arratia's visible injuries. Mr. Basaldu also denied taking Ms. Arratia's cell phone away, and also denied speaking with anyone on her cell phone saying to come to 2nd and Trenton. Mr. Basaldu displayed the following injuries: a red marking on the right side of his scalp and on the back right head area, a circled red mark laceration on the right cheek bone area, a bruise on his bottom right forearm, red markings on his left inner wrist, left arm, lower chest, right side of his chest. Mr. Basaldu states he is willing to file charges. During the course of the investigation, Detectives learned that Mr. Basaldu and Ms. Arratia were involved in a Dating Relationship. Based on the statement and injuries Ms. Arratia sustained, this affiant, respectfully request an arrest warrant for Michael Ray Basaldu for Assault. SUSPECT: Michael Ray Basaldu DOB . WIM BLKlBRN 5'07" 170 LBS TX DUI Wherefore, I ask that a warrant to arrest said Defendant be issued forthwith in accorda SWORN TO AND SUBSCRIBED BEFORE ME this cg iQ ~ay of SEPTEMBER, 2017 A.D.