SAN ANTONIO – A new ruling gives a once-convicted ex-Bexar County constable the chance to rise from her downfall.
Bexar County prosecutors accused former Precinct 2 Constable Michelle Barrientes Vela of presenting Rodriguez Park security cash logs she knew were false.
They convinced a jury in 2022 to convict here on two felony counts of tampering with records.
A judge sentenced Barrientes Vela to five years probation, 90 days in jail and 600 hours of community service.
A Thursday ruling from Chief Justice Jeff Alley of Texas’ Eighth District Court of Appeals threw her sentence out.
“This is a rare thing for our appellate courts to reverse and actually enter a finding of not guilty or acquitting the person,” St. Mary’s University clinical law professor Stephanie Stevens said.
Stevens said she read through Alley’s 13-page ruling, which laid out why he doesn’t believe there is enough evidence to support Barrientes Vela’s conviction.
“Well, I think it says that they (the prosecution) need to be more careful with how they treat a person,” Stevens said. “They simply charged her with an offense they couldn’t prove.”
Stevens said the ruling doesn’t mean the case is closed for good.
“The state has the right to ask the Eighth Circuit (Court of Appeals) to reconsider their opinion,” Stevens said. “They call it a motion for rehearing, and they have 15 days to file that motion.”
KSAT Investigates reached out to the Bexar County District Attorney’s Office three times Friday. KSAT Investigates asked if they plan to file an appeal but have not heard back.
More coverage of Michelle Barrientes Vela’s overturned conviction on KSAT: