March 22nd, 2018

Nieto requests permanent residence in Presidio


PRESIDIO – A new motion to modify bond conditions for former City of Presidio Special Projects Coordinator Carlos Nieto was filed in the US District Court Western District of Texas, requesting that he be allowed to return to Presidio full-time.

According to the motion, filed last Friday by Nieto’s attorney Joe Spencer, the embattled Presidio leader has been free on bond under original conditions that state Nieto must reside in El Paso and he not travel to Presidio, Texas, or Mexico; which were later modified to allow Nieto to visit the city on weekends and holidays.  Nieto had also filed a motion to modify conditions in hopes of spending Spring Break with his children in Presidio, though no documents filed on the Public Access to Court Electronic Records database allowing the motion was posted.

In the latest motion, Spencer states, “[Nieto] is a 65 year-old United States Citizen with extensive ties and family in the [Western District of Texas]. [Nieto] submits that he is not a flight risk and that he is not a danger to community.”   Spencer argues in the motion that the court should “remove the requirement that he participate in the Location Monitoring program,” and that Nieto be allowed to return to his family in Presidio.


“The condition that [Nieto] not reside at his home in Presidio, Texas is excessive as it prevents [Nieto] from being with his family and taking an active role as a husband and father,” the motion reads, continuing with an argument that Nieto’s court-mandated relocation has also caused a financial burden as he must now “maintain two separate households.”


The motion also states that Pretrial Service Officer Luis Fausto is unopposed to the motion and that Assistant U.S. Attorney Bill Lewis stands in opposition to the request.


The motion hearing was subsequently set for 1pm Wednesday, March 28 before federal magistrate Judge David Fannin at the Alpine U.S. Magistrate District Courtroom.