Apr 9, 2013 3:20 PM by Rachel Cole - email@example.com
ROBSTOWN -- A Nueces County deputy constable who was arrested Monday for retaliation charges is out on bond. Robstown Police say he assaulted his common-law wife on Saturday.
Ben Zapata, Jr, 54. was arrested Monday at his home in the 500 block of Iowa. According to the arrest affidavit, a warrant was issued after Zapata's common-law wife Oralia Cuellar said he punched her in the mouth and dragged her by her hair on Saturday.
Police say she had confronted him about his being in a bad mood when he came home Saturday afternoon.
Zapata is facing retaliation charges because he was allegedly harassing her as she filed assault charges against him.
According to court documents, while Cuellar was at the Robstown Police Department, Zapata called her 56 times in the hour that she was talking to detectives. Cuellar sent him a text message telling him that was enough and that he was harassing her.
The court documents say that this isn't the first incident of abuse Cuellar has endured and that this time for her, enough was enough.
According to the affidavit, Cuellar says Zapata threatened her and says "I might as well kill you now and get it over with" she says that's when he walked out of the home and acted as though he had a gun in his hand.
Officers didn't confirm whether or not zapata had a gun but becomes he's in law enforcement, having a weapon at hand wasn't far fetched.
Lt. Gilbert Gomez of Robstown P.D. says punishment or termination with the Precinct 5 Constables will be assessed by that department.
"Family violence is a very serious matter we deal with it almost on a daily basis as police officers but his department is going to have to make a determination on whether that merits any punishment or any suspension or any disciplinary action on their behalf," LT. Gomez said.
Lt. Gomez says Cuellar was pretty banged up according to the detective who took pictures of her injuries. That detective also witnessed the dozens of phone calls that came from "Ben" while he was taking her report.
As for Zapata, he was not home when we knocked on his door.
Read the affidavit for yourself - Zapata-Affidavit.pdf