State District Judge Noe Gonzalez ordered a 27-year-old Mission man accused of driving drunk and killing an active duty service member in 2019 to report to court Monday morning where he’ll be taken into custody for violating his bond.
Edward Magallan is charged with intoxication manslaughter over accusations he was intoxicated when he hit and killed 19-year-old Cassandra Julianna Perez at about 12:50 a.m. in the 3400 block of North 24th Avenue in Edinburg on Feb. 15, 2019.
He has pleaded not guilty, but during a Thursday morning videoconferencing hearing, Magallan, who had been ordered to appear in court, admitted to drinking beer — a violation of his $50,000 bond.
“I did mess up. I’m out on bond. I’m aware of my charges,” Magallan said when asked about why he was testing positive for alcohol.
The man told Gonzalez that stress in his life caused by his father’s illness and his newborn baby impacted his decision-making.
Assistant District Attorney Mauricio Martinez also told Gonzalez that Magallan had tampered with his ankle monitor, which Magallan denied, and that probation officials supervising the man had reported problems with Magallan reporting to them as required by his bond.
The hearing, however, took a strange turn when the issue of Magallan’s broken arm came up, which probation officials said Magallan could not explain.
When Gonzalez asked him about the injury, Magallan claimed a stranger came to his house and attacked him with a metal pole, breaking his arm, his jaw and a tooth.
Gonzalez told Magallan strangers don’t just show up to random houses and attack people they don’t know.
“I don’t believe half the stuff you tell me anyway,” Gonzalez said.
Magallan told the judge he did not file a police report because he thought he would get in trouble for going outside, but later on in the hearing he said he didn’t think the police would be able to arrest whoever attacked him because he didn’t know who they were. Magallan told Gonzalez that instead of calling police he went to the hospital.
“Mr. Magallan, I don’t believe you,” Gonzalez said. “It doesn’t make any sense. Your story doesn’t make any sense.”
Gonzalez told Magallan he would revisit his bond after the man spent about a week in jail.