Okay.
A misdemeanor assault case that led to the suspension of a Harris County felony judge was dismissed Wednesday by Galveston County prosecutors, court records show.
Prosecutors contend probable cause exists against 228th District Court Judge Frank Aguilar, who was accused of assaulting his girlfriend at his Galveston property, but there was “insufficient evidence to prove beyond a reasonable doubt,” according to their motion to dismiss. A judge signed off on the dismissal.
Aguilar’s defense attorney, Mark Diaz, declined to comment on the dismissal. Aguilar could not be reached for comment.
The State Commission on Judicial Conduct suspended Aguilar from the bench with pay in February, about two weeks after a misdemeanor assault charge was filed against him. The commission did not immediately respond to a request for comment on the status of his suspension or whether it could be lifted.
Aguilar was arrested Dec. 31, 2023, after his girlfriend told police that Aguilar punched her and held his foot to her neck in the 9600 block of Teichman Road. The judge countered to authorities that she was intoxicated and throwing beer cans at him. The girlfriend was charged last year in connection with an assault at Aguilar’s property, according to court records.
An affidavit from Aguilar’s girlfriend filed in January urged prosecutors to dismiss the charge, saying that she fell down the stairs and that Aguilar never hit her.
Aguilar was acquitted of another domestic violence charge in 2010.
See here and here for the background. Not a whole lot to add here, the story is what it is. I assume sometime after the holiday weekend that the State Commission on Judicial Conduct will un-suspend Judge Aguilar. As with Judge Kelli Johnson, I hope Judge Aguilar is encouraged to address any underlying issues that may have contributed to this situation, with any and all help that may be available to him.
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