By Lynn Brezosky - Express-News
Rene Fuentes had been acting sheriff of the remote border county since early October, when the FBI arrested Guerra under a 19-count federal indictment naming him as one of 15 conspirators in a drug ring.
The bid failed, and he remains in the Webb County Jail.
It has been unclear how the county would handle Guerra's new term as sheriff beginning Jan.1. Guerra ran unopposed to continue the post and officials have said they would let Guerra have his day in court.
But there is now an unopposed government motion to postpone the trial until January.
“I anticipate that he will resign,” defense attorney Philip Hilder said Monday.
In a 32-page motion to revoke Magistrate Judge Dorina Ramos' detention order, Hilder argues that Guerra will have no access to police databases and that “recidivism is out of the question.”
Hilder further argues that the evidence includes wiretaps of thousands of phone calls that he can't currently review with his client. Guerra is under administrative segregation, which means he is being kept apart from other inmates and has only one hour a day to shower, exercise and meet with an attorney.
“It is virtually impossible to listen to the tapes and properly prepare a defense with Mr. Guerra's input,” Hilder said in the motion.
If convicted, he will be the second Starr County sheriff in a row to serve time.