A 26-year-old Boerne resident, Emilio Cruz, was sentenced to five years in state prison last Wednesday after stealing about $21,000 in jewelry and two firearms from a Boerne residence.
The Kendall County District Attorney’s Office, represented by Alessandra Deike, sought six years for the second-degree fel ony. The initial punishment range for Cruz’s conviction was enhanced to that of a first-degree felony because he committed the crime during the statewide disaster declaration during the COVID-19 pandemic, information stated. However, Deike said the prosecution opted to move forward with just the burglary of a habitation charge based on the facts of the case.
During the sentencing hearing, Alfonso Cabanas, who represented Cruz, said the victim of the burglary wrote a letter indicating he knew Cruz had done something bad but didn’t want to see him incarcerated.
According to an arrest warrant affidavit, Cruz entered a home in the 200 block of Shadywood in Boerne at about 4:30 a.m. on May 4, 2020, and took a $12,000 necklace, a $9,000 bracelet, a Taurus 380 handgun, a Remington 20-gauge shotgun and two pairs of Versace sunglasses. The affidavit states Cruz initially texted the victim asking for THC vape cartridges, and Cruz became upset when the victim said they didn’t have any, saying he was already on his way to the victim’s home.
By 5:23 a.m. that same day, Cruz had texted his sister to pick up the stolen items as quickly as possible, offering to take only 20 percent of any profit made from selling the stolen goods. While the hearing was set
While the hearing was set to last an hour, Cruz arrived at the courthouse roughly 30 minutes late, leaving time for only one of the defense’s witnesses before 451st District Court Judge Kirsten Cohoon handed down the five-year sentence. Cruz’s mother was called
Cruz’s mother was called to the witness stand, where she testified about her son’s difficult time managing his own life and finances.
“He goes form one job to another because he thinks that people are against him or talking about him,” Cruz’s mother said. “And he leaves that job so I’m there to share expenses.” She said Cruz would give
She said Cruz would give her his entire paycheck when he received it, and she would use it to pay bills and dole him out money in small amounts if he asked for spending cash.
Cruz’s mother detailed a crash her son was involved in as a passenger when he was working for a local restaurant, which led to a fatality. She said his head, nose and mouth were injured during the accident, and he turned to large amounts of Tylenol and abusing a drug called Kratom to manage the pain, as the two did not have health insurance.
According to the National Institute of Drug Abuse, Kratom “commonly refers to an herbal substance that can produce opioid- and stimulant-like effects. Kratom and kratom-based products are currently legal and accessible in many areas, though U.S. and international agencies continue to review emerging evidence to inform kratom policy.”
The day of the burglary, Cruz’s mother testified that he was on drugs and alcohol and didn’t seem to remember committing the crime yet took full responsibility for his actions during his arrest.
“He was confused,” she recalled. “But I told him, ‘Emilio, there’s something really wrong here. You have to get an attorney.’ He was confused. He of course regretted what happened. I had to sort of explain to him what was going on.”
After closing arguments where Cabanas asked for community supervision and Deike asked for six years in state prison, Cohoon deliberated for a short period before handing down Cruz’s fiveyear sentence.
“We have read the motion that was the memorandum and the attachments,” Cohoon said, referencing a long list of letters submitted by the defense. “You have a loving mother who has devoted her life to you and your siblings. Not many people have that. You should count yourself blessed.
“However, I’m looking at a troubled young man when I read this PSI (presentencing investigation). And the letter from your mom. I do not feel you would be successful on community supervision. I do not feel that your behavior is one that will comply with the requirements that I would set forth. We’ve had to hunt you down to do the presentencing report. You haven’t been able to comply with the bond requirements, which are not going to be as strict as community supervision requirements.”
In the end, Cohoon sentenced Cruz to five years in the Texas Department of Criminal Justice and required that he go into a therapeutic unit. The judge also fined Cruz $1,000 and charged him $415 in court costs.
“I hope that you take advantage of the therapeutic community that you will be placed in,” Cohoon said. “And that you get the help that you need Mr. Cruz because you need some help getting through the challenges you are facing in your life. Good luck to you.”
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