Sheriff Use Only PID Case 2020-26338 Law EnforCement Agency: MCALLEN POLICE DEPARTMENT MCALLEN MUNICIPAL COURT Date of Arrest: May 27, 2020 Hidalgo County, Texas Time of Arrest: 1450 HOURS Warrant If any: 202032663 Place of Arrest: 1601 N. BICENTENNIAL BLVD MCALLEN, TX Amount of Bond: a, HAS A PROBABLE CAUSE AFFIDAVIT BEEN YES N0 8/ DOES THE ACCUSED SPEAK SPANISH WARNING THE STATE OF TEXAS COUNTY OF HIDALGO VS. ANDRES VALENTE APARICIO Appeare ?before me, the ugldersigned, magistrate oind algo?County, Texas on the 28TH day of NIAY 2020 at I {2 o?clock AM/ta pcared ANDRES VALENTE APARICIO I gave said person the followino amiJ .. ou are charged with the offense of HARASSMENT CLASS B) 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 officers or attorneys IZ;?pr enting the state. have the right to remain Silent. ou are not required to make a statement, and any statement you make can and may be used against you in court. 0 ave the right to stop any interview or questioning at any time. a felony a trusdemeanm wan-examining?tnaufelonim ave the right to request appointment of counsel if you cannot afford counsel. A application for a court appointed attorney must be completed to determine if you qualify for a court appointed ET: tomey; asonable assistance will be provided to you when filling out the application for a court appointed attorney, if ded. ou must Sign a ?nancial af?davit; af?davit is a written or printed declaration or statement of facts made voluntarily and con?rmed by oath before a perso: [fl/failing authority to administer such oath; you meet the indigent standards, you will qualify for a court appointed attorney; and, Attorney Should attempt to ntact you by the end of the ?rst working day after appointment and to interview you as soon practicable after the a intment. THE ACCUSED IEDOES El DOES NOT COURT APPOINTED ATTORNEY. Contacted anyone since arrest? EYES or NO Who? . IMMIGRA TION ADMONISHMENTS: if you are not a United States citizen and you have been arrested or detained, you may be entitled to have us notify your country?s consular representatives here in the United St?Do you want us to notify your country?s consular of?cials: NO, If you responded ?Yes? what country? I IT IS THEREFORE ORDERED THAT THE ACCUSED BE REMANDED INTO CUSTODY PENDING FU OCEEDING AGAINST SAID ACCUSATION, AND IN THE MEANTIME BE ADMITTED T0 BAIL IN THE AMOUNTOF CONDITIONED HIS APPEARANCE INSTANTER BEFORE ANY COURT OR MAGISTRATE TAKING JURISDICTION HERE OF AND BEFORE WHOM THE MAY HEREAFTER BE PENDING AT ANY TIME WHEN, AND PLACE HIS PRESENCE MAY - . ED BY LAW OR BY SUCH COURT MAGISTRATE. . I acknowledge that I was given the above Warning. (This is NOT an admission of guilt). Declaro que se me leyeron mis derechos aqui Mencionados. (Esto NO es admisi?n de culpabilidad). son Warned Place ofwarning: IC IPAL COURT RT) Time: ?23,0 .0w4?L . chused refusal to Sign acknowledgement of warning: Date: May 28, 2020 Remarks; Witness (if any) ame: JESUS M. FLORES #7137 Address: 1601 N. BICENTENNIAL BLVD. MCALLENJ TX 785 This hearing was interpreted by: Adopted 02/ 19/03 ?Hidalgo County Indigent Defense Program. CASE: 2020?26338 COMPLAINT . a} NOJM - (P THE STATE OF TEXAS MUNICIPAL COURT COUNTY OF HIDALGO MCALLEN, HIDALGO COUNTY, TEXAS I, DET. JOHN D. ADAME, do solemnly swear that I have good reason to believe, and do believe and charge, that heretofore, on the day of APRIL A.D.2020, in the County of Hidalgo and State of Texas, ANDRES VALENTE APARICIO, hereinafter called Defendant, did then and there, with intent to harass, annoy, alarm, abuse, torment, or embarrass MARBELLA KARIN A LERMA, herea?er styled the complainant, threaten the complainant in a manner reasonably likely to alarm the complainant, to in?ict bodily injury on injured party. PC STATEMENT On 4-19-2020 the McAllen Police Department responded to the 500 block of Jasmine in reference to an unlawful disclosure of intimate visual material. The victim reported that her ex?boyfriend, Andres Valente Aparicio (DO had posted two pictures of her on Facebook in which she was naked from the waist down. The victim reported that ,she didn?t send the photos to Mr. Aparicio and that she did not give him permission to post them publicly. The Victim also reported that Mr. Aparicio had received text messages from Mr. Aparicio in which he threatened to kill her and her children. The victim provided screen shots of the text messages. Det. Adame began to follow up on this case and made contact with the victim who provided her statement. The victim indicated her wish to ?le charges. On 5-27-2020 Det. Adame made contact with Mr. Aparicio at the McAllen Police Department. Mr. Aparicio was read his Miranda Warnings and stated that he understood his rights and agreed to waive them. Mr. Aparicio admitted to posting the victim?s nude photos and stated that he was angry when he did it. Mr. Aparicio was shown the screen shots of the messages in which he threatened to kill the victim and her children and he stated that he sent the messages out of anger because she wouldn?t let him see their daughter. Therefore I?m seeking warrant for Andres Valente Aparicio (DOWN harassment BM. Suspect: Andres Valente Aparicio (DOB M, 5?08? Hgt, 150 Lbs., Brown. Brown Last known address: 901 Thomas Dr Pharr TX 78577 Wherefore, I ask that a warrant to arrest said Defendant be issued forthwith in accordance with the law in such cases provided. 2er WVAFFIANT SWORN TO AND SUBSCRIBED BEFORE ME this g8 day 2020 AD. . ?Hm Sheriff Use Only PID Case 2020-26338 Law Enforcement Agency: MCALLEN POLICE DEPARTMENT MCALLEN MUNICIPAL COURT Date of Arrest May 28, 2020 Hidalgo County, Texas Time of Arrest: 1450 HOURS Warrant If any: 2020?8965? Place of Arrest: 1601 N. BICENTENNIAL BLVD TX Amount of Bond: HAS A PROBABLE CAUSE AFFIDAVIT BEE YES N0 DOES THE ACCUSED SPEAK ENGLISH SPANISH WARN IN THE STATE OF TEXAS COUNTY OF HIDALGO VS. ANDRES VALENTE APARICIO . .B . Appeared before me, T121 rsigned, magistrate oindalgo County, Texas on the 28TH day of MAY 2020 o?clock A ,appeared ANDRES VALENTE APARICIO I gave said person}e?ibllow1n0 wamii UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE VISUAL on are charged with the offense of MATERIAL (STATE JAIL) a felony a misdemeanor gymiave the right to hire an attorney to represent you. have the right to have an attorney present prior to and during any interview and questioning by peace officers or attorneys representing the state. 0 ave the right to remain silent. are not required to make a statement, and any statement you make can and may be used against you in court. ou ave the right to stop any interview or questioning at any time. [By/Ou/iiave the right to have an examining trial (felonies only). You (We the right to request appointment of ounsel if you cannot afford counsel. An application for a court appointed attorney must be completed to determine if you qualify for a court appointed omey, ?asonable assistance will be provided to you when filling out the application for a court appointed attorney, if ?Eded. I3)You must Sign a ?nancial af?davit, An af?davit is a written or printed declaration or statement of facts made voluntarily and con?rmed by oath before a perso: Ing authority to administer such oath, Eflkgou meet the indigent sta dards, you will qualify for a court appointed attorney; and, Attorney should attemp gontact you by the end of the ?rst working day after appointment and to interview you as soon practicable after th??bo?intment THE ACCUSED DOES El DOES NOT WANT COURT APPOINTED ATTORNEY. Contacted anyone since arrest? EYES or IZNO Who? IMMIG RA TION ADM ONISHMENTS if you are not a United States citizen and you have been arrested or detained, you may be entitled to have us notify your country?s consular representatives here in the United States. Do you want us to notify your country?s consular of?cials: M&lf you responded es? what country? LL IT IS THEREFORE ORDERED THAT THE ACCUSED BE REMANDED INTO CUSTODY PENDING FUR EEDING AGAINST SAID ACCUSATION, AND IN THE MEANTIME BE ADMITTED TO BAIL IN THE AMOUNT OF CONDITIONED HIS APPEARANCE INSTANTER BEFORE ANY COURT 0R MAGISTRATE TAKING JURISDICTION HERE OF AND BEFORE WHOM THE ACCUSAT: MAY HEREAFTER BE PENDING AT ANY TIME WHEN, AND PLACE His PRESENCE MAY UIRED BY LAW OR BY SUCH COURT MAGISTRATE. - I acknowledge that I was given the above Warning. (This is NOT an admission of guilt). Declare que se me le yeron mis derechos aqui Mencionados. (Esto NO es admisi?n de culpabilidad). Pe son Warned Place 0 warning Andres In? (1955 . Accused refused to sign acknowledgement of warning: Date: May 28 2020 Remarks; Witness (if any) Name: JESUS M. FLORES #7137 Address: 1601 N. BICENTENNIAL BLVD. MCALLEN, TX 785 This hearing was interpreted by: Adopted 02/19/03 ?Hidalgo County Indigent Defense Program. CASE: 2020-26338 COMPL .- NO. .510 ., SilO?E-?i THE STATE OF TEXAS MUNICIPAL COURT COUNTY OF HIDALGO MCALLEN, HIDALGO COUNTY, TEXAS I, DET. JOHN D. ADAME, do solemnly swear that I have good reason to believe, and do believe and charge, that heretofore, on the Q11 day of APRIL A.D.2020, in the County of Hidalgo and State of Texas, ANDRES VALENTE APARICIO hereinafter called Defendant, did then and there, without the effective consent of MARBELLA KARINA LERMA, hereafter styled the complainant, intentionally disclose visual material, namely A PHOTOGRAPH OF MARBELLA KARINA LERMA EXPOSING HER BUTTOCKS, depicting the complainant with her buttocks exposed, and the visual material was obtained by the defendant under circumstances in which the complainant had a reasonable expectation of privacy that the visual material would remain private, and the disclosure of the visual material caused harm to the complainant, namely BY POSTING THE PHOTO ON FACEBOOK, and the disclosure of the visual material revealed the identity of the complainant, namely BY SHOWING MARBELLA KARINA FACE. PC STATEMENT On 4-19?2020 the McAllen Police Department responded to the 500 block of Jasmine in reference to an unlaw?ildiscl . Of intimate visual material. The victim reported that her ex-boyfriend, Andres Valente Aparicio (DOB had posted two pictures of her on Facebook in which she was naked from the waist down. The victim reported that she didn?t send the photos to Mr. Aparicio and that she did not give him permission to post them publicly. Det. Adame began to follow up on this case and made contact with the victim who provided her statement. The victim indicated her wish to ?le charges. . On 5-27-2020 Det. Adame made contact with Mr. Aparicio at the McAllen Police Department. Mr. Aparicio was read his Miranda Warnings and stated that he understood his rights and agreed to waive them. Mr. Aparicio admitted to posting the victim?s nude photos and stated that he was angry when he did it. Therefore I?m seeking warrant for Andres Valente Aparicio (DOB -mf0r unlawful disclosure or promotion of intimate visual material SJF. Suspect: Andres Valente Aparicio (DO I i IQ 5?08? Hat. 150 Brown, Brown Last known address: 901 Thomas Dr Pharr TX 7 577 Wherefore, I ask that a warrant to arrest said Defendant be issued forthwith in ayce with the law in such cases provided. 0 SWORN TO AND SUBSCRIBED BEFORE ME this 2 1 day Of MAY, 2020 AD. AFFIANT GE, MUNICIPA MC LEN, HIDALGO