Sheriff Use Only

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PID 
Case 2017?88692
Law Enforcement Agency: MCALLEN POLICE DEPARTMENT 1" .. MCALLEN MUNICIPAL COURT
Date OfArrest: January 10, 2018 - Hidalgo County, Texas
Time Of Arrest: 0630HRS Warrant If any: 2018-63133.?
Place or Arrest: 1601 N. BICENTENNIAL BLVD, MCALLEN, TEXAS Amount ofBond: 0 0, 000 . ?ff;
HAS A PROBABLE CAUSE AFFIDAVIT BEEN NO
DOES THE ACCUSED SPEAK ENGLISH SPANISH
WARNING
THE STATE OF TEXAS 
COUNTY OF HIDALGO 
VS.
MARISELA MENDOZA WINN . .B . 
Ap efore dersigned, magistrate oindalgo County, Texas on the 10th- day of 
a O?clo AM ., appeared MARISELA MENDOZA WINN I gave said person the owing warning
IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT
ou are charged with the Offense of SECOND DEGREE FELONY a felony a rmsdemeanor.

 

ou have the right to hire an attorney to represent you.
You have the right to have an attorney present prior to and during any interview and questioning by peace Offic ers or attorneys

- z?presenting the- state.
on have the right to remain silent.
@011 are not required to make a statement, and any Statement you make can and may be used against you in court.
on have the right to stop any interview or questioning at any time.
have the right to have an examining trial (felonies only).
[2&1 the right to request appointment Ofcounsel if you cannot afford counsel.
?application for a court appointed attorney must be completed to determine if you qualify for a court appointed

omey;
?Zl/R?Zasonable assistance will be provided to you when filling out the application fora court appointed attorney, if
eded.
ou must sign a ?nancial af?davit;
An af?davit is a written or printed declaration or Statement Offacts made voluntarily and con?rmed by oath before a person

aving authority to administer such oath;
ng you meet the indigent standards, you will qualify for a court appointed attorney; and,
Attorney should attempt to contact you by the end of the ?rst working day after appointment and to interview you as soon as
practicable after the app Ointment.
THE ACCUSED I: DOES DO NOT WANT TO REQUEST A TORNEY.

Contacted anyone since arrest? YES or Cl NO Who? ?Mew: a - .
IMMIGRA TIONADMONISHMENTS: if you are not a United States citizen and you have been arrested or detained, you may be
entitled to have us notify your count ?5 consular representatives here in the United States. DO you want us to notify your country?s



 

consular Of?cials: DYE If you responded es? what country?


IT IS THEREFORE ORDERED THAT THE ACCUSED BE REMANDED INTO CUSTODY PENDING AGAINST OI
SAID ACCUSATION, AND IN THE MEANTIME BE ADMITTED TO BAIL IN THE AMOUNTQF . CONDITIONED OI
HIS APPEARANCE INSTANTER BEFORE ANY COURT OR MAGISTRATE TAKING JURISDICTION HERE OF AND BEFORE WHOM THE ACCUSATIOI

MAY HEREAFTER BE PENDING AT ANY TIME WHEN, AND PLACE HIS PRESENC AY BE REQUIRED
MAGISTRATE.

I acknowledge that I was given the above Warning. I

(This is NOT an admission of guilt). ..


Declaro que se me leyeron mis derechos aqui Mencionado . Magistrate fg?fg?h

 
       

 
 
  

       
     
  

 

 

       
 

 

 

(E sto NO [es admisidn de cu?lpabilidad). a .
i If i $.39 a: .,
PmEulwia?leti . Place 0 I a ning: MCALL I
(53E 5 i My ELL Time I 
Ac cuS?edJre?fused to 51 acknowledgement of warning: Date: .
Remarks; Witness (if any) 
- ame: DANIEL CRUZ,

 

 

Address: 1601 N. BICENTENNIAL BLVD. TX 78501
This hearing was interpreted by:

 

Adopted 02/19/03 Hidalgo County Indigent Defense rogram.

CASE: 17?88692

COMPLAINT
(03 3 3l

 

N0. 1L0 IS
THE STATE OF TEXAS MUNICIPALCOURT
COUNTY OF HIDALGO MCALLEN, HIDALGO COUNTY, TEXAS

I, RAFAEL DE LA TEJERA, do solemnly swear that I have good reason to believe, and do believe and charge, that heretofore, on
or before November 22nd of 2017 A.D., in the County oindalgo and State OfTexas, MARISELA MENDOZA WINN, hereinafter called
Defendant, did then and there, while the defendant was an employee ofa public secondary school, namely Idea Public School, intentionally and
knowingly engage in sexual intercourse with (Pseudonym) ?Fernando?, a person who was enrolled in Idea Public School.

 

PC STATEMENT
On November 22, 2017, Of?cer Erika Lopez arrived to an apartment near the 300 block of N. Broadway Street and made contact with Alma,
the mother of 16 year old male, (Pseudonym) ?Fernando?. Alma reported that her son had an inappropriate relationship with a teacher at Idea
Public School. Alma reported that Fernando confessed to her about having a sexual relationship with Maricela Mendoza Winn who was
Fernando?s English Teacher last year. Alma reported that Fernando also confessed to going to Maricela Mendoza Winn?s apartment multiple
times to perform sexual acts.
On November 22, 2017 Of?cer Juan Cruz made contact with CPS Special Investigator Ricardo Gorea. CPS Investigator Ricardo reported that
he received a case in reference to Fernando having a relationship with Maricela Mendoza Winn for the past four weeks.
On November 29, 2017 Alma and her son Fernando arrived to the McAllen Police Station for an interview with Inv. Rafael de la Tejera. Alma
stated that very early Sunday Morning on October 30, 2017 her son was intoxicated possibly on narcotics. Alma stated her son went up to her
and confessed that he had'been having a relationship with his teacher and that he was no longer a virgin. Her son also confessed to her that on
one ofthe occasions in which he had gone to be with his teacher at her apartment, he was caught trying to sneak back into her apartment. Alma
Stated that Fernando had mentioned to her about moving out to live with the basketball coach. Alma stated that she believes Fernando was
testing her at the time to see if she would allow him to leave so that he could actually go with his teacher. Alma stated that on I 1/22/2017 her
son came home with her teacher. Alma stated that her son argued with her about wanting to leave their home with his teacher, Marisela
Mendoza Winn, all in her presence. Alma stated that her son threatened to leave and go live with his teacher or he would kill himself if she did
not allow him. Alma stated that she then told Fernando that she was going to call the Police to which her son faced towards Maricela Mendoza
and secretly handed Marisela Mendoza a credit card. Alma stated she went over and took the card. Alma asked what it concerned to which
Marisela took the card saying it was hers. Alma stated she observed the card to have a receipt wrapped around the card as ifa purchase had
been made and the receipt had been wrapped around the card, indicating to her that her son had already made a purchase with the card. Alma
stated that Marisela tried to talk her out of calling the Police. The Police and Ambulance arrived on scene and Medcare transported Fernando to
the Hospital. Alma stated she took a picture of Marisela Mendoza Winn the same day. Alma then provided the photograph as proofto Inv.
Rafael de la Tejera. Fernando was interviewed and denied having a relationship with Marisela Mendoza Winn. Fernando stated he called her
and cried out for help which is when his teacher, Marisela Mendoza Winn, arrived and took him home. Fernando stated he does not know what
he told his mother about having a relationship with his teacher because he was intoxicated. Inv. Rafael de la Tejera collected Fernando?s phone
with the approval ofAlma. Inv. de la Tejera had the phone searched and found approximately 5000 pages of text between Fernando and
Marisela Mendoza Winn. One of text from Fernando to Marisela Mendoza Winn read as follows, ?In the summer I completely forgot was my
teacher the year before?. The following text from Marisela to Fernando was, ?He was like she was all over my dick she?s the kinda teacher miss
who would fuck one of her students?. On December 21, 2017 Inv. de la Tejera met with Medcare Paramedic Pamela Renee Sanchez.
Pamela stated she arrived to Fernando?s home and transported him for treatment. Pamela stated that Fernando said, ?I?m plumbing my teacher?.
Pamela stated she asked him what that meant to which he admitted that it meant sleeping with her. Pamela stated she observed the teacher
outside of the ambulance next to Fernando?s mother. Pamela stated that Fernando?s mother was talking to Police at that time. Pamela stated
that Fernando also admitted to her that his teacher was from the Idea school and would tell his mother that he was having basketball practice but
in actuality he was with his teacher. Pamela also stated that Fernando confessed to telling his mother that he wanted to live with his basketball
coach which really meant that he wanted to go live with his teacher. Pamela stated that Fernando was alert and 0k when he was telling her this.
Inv. Rafael de la Tejera discovered through Idea School and through Marisela?s Texas Driver?s license that Marisela Mendoza Winn resides
near the 2400 block of South McColl Road. Marisela Mendoza Winn has refused to provide a statement, cooperate, and enlisted an attorney for
her defense.

DEFENDANT: MARISELA MENDOZA WINN, D.O.B. .. HISPANIC FEMALE, 5?05, 180 Lbs., BROWN HIAR, BROWN
EYES, TEXAS DRIVERS LICENSE NUMBER 

   

 

 

RDLT