GUADALUPE COUNTY, Texas – Prosecutors in Guadalupe County have requested that a defendant charged with sexually abusing children more than a decade ago appear in person for a status hearing late next week, after the man’s accusers gathered footage raising questions about whether he is actually too unwell to go to trial.
Ruben Castro Jr., 65, was indicted in October 2020 on three felony counts of aggravated sexual assault of a child and five felony counts of indecency with a child-sexual contact, court records show.
The case, however, has not gone to trial and instead has been hampered by six canceled hearings and claims in recent years from Castro’s defense counsel that the defendant is not healthy enough to competently stand trial.
Castro’s criminal charges stem from incidents inside a manufactured home in McQueeney well over a decade ago, in which Castro was accused of sexually abusing children staying with him.
Castro’s accusers, both of whom are now adults, made outcries to law enforcement in Guadalupe County, which eventually lead to Castro’s arrest.
One of the accusers, Castro’s step-granddaughter Sierra Rios, asked KSAT to identify her in this story.
It is typically KSAT’s policy to not identify victims of sexual assault.
“A lot of times as victims we’re, I guess, silenced by the fear of having to retell our story over, over and over again,” said Rios, 29. “Now it’s almost like they are protecting him and I want them to know and I want Ruben to know I’m not letting it go.”
“They’re just trying to keep him as comfortable as possible before he passes away.”
During a video call with Rios last month to provide an update on the case, the prosecutor said Castro’s defense counsel was still asserting that Castro was too ill to come to court.
“They’re just trying to keep him as comfortable as possible before he passes away. That’s how dire it is,” said the prosecutor, summarizing what she had been told about Castro’s condition.
She added that prosecutors had subpoenaed Castro’s medical records in June, which showed he had an acute stomach ulcer in November 2022.
Castro was recommended for surgery, but tests determined he was too weak to have the procedure, said the prosecutor as she summarized the records.
She added that magnetic resonance imaging (MRI) revealed Castro had three strokes, that he needs extensive rehabilitation services and is having cognitive issues.
The prosecutor also stated the Guadalupe County Attorney’s Office does not determine when a case is set for trial, and that it is up to the judge’s discretion.
Footage shows Castro outside SA residence, motel
Days after the call, Castro’s accusers gathered cell phone footage of the defendant outside of a northeast San Antonio manufactured home and a motel nearby the residence.
“We don’t know the law. All we know is what we went through and now we’re having to become detectives ourselves, just to get our own justice,” said Rios.
In one clip, Castro is seen standing along a wall outside the residence talking to a woman in the street.
In another clip, Castro appears to be working on the deck of the residence.
A third clip shows Castro standing outside of a motel, near a U-Haul truck.
Asked for comment on the situation, First Assistant Guadalupe County Attorney Jonathan Fischer told KSAT via telephone, “It’s frustrating to the family and frustrating to our office as well.”
Fischer said during the phone conversation that the prosecution is ready for trial, but Castro’s defense counsel has repeatedly asked for continuances.
He said a defendant needs to competently able to help his or her defense counsel.
Fischer added that the prosecution has now requested that Castro appear in person Jan. 31 for a status hearing in the case.
Reached for comment, Castro’s defense attorney, Cathy Compton, said via text message she was contacted about the footage by the Guadalupe County Attorney’s Office.
“I still have not seen the photos or videos in question. I cannot comment specifically on this case but I can tell you that generally when a client is not honest with me or misrepresents something to the court my response is to file a motion to withdraw as it creates such a conflict that I cannot ethically continue on as counsel.”
Asked about Castro’s specific health issues, Compton again wrote that she could not discuss specific details of the case.
Compton filed a motion to withdraw as Castro’s defense counsel on Jan. 15., a court official confirms.
The motion came days after Compton texted her comment to KSAT.
The motion will be taken up during Castro’s Jan. 31 court appearance.
Castro did not respond to a request for comment left at his last known address, or at the nearby motel.
Read more reporting on the KSAT Investigates page.
