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Source: Valley Morning Star, Harlingen, TexasNov.mini storage 04--BROWNSVILLE -- San Benito Mayor Joe Hernandez may finally get his day in court.Hernandez is set to go on trial today, more than a year after former San Benito City Commissioner Ricardo Rodriguez accused him of making a terroristic threat.The trial, originally set for Sept. 16, has been postponed three times. Cameron County Court at Law No. 1 Judge Arturo McDonald pushed back the last trial date -- Oct. 21 -- because the court did not have a court reporter.Selection of a six-member jury is now scheduled to begin between 10 and 11 a.m., with the trial set for 1 p.m., said Melissa Zamora, the District Attorney's Office spokeswoman.Hernandez, who has declined comment, pleaded not guilty to a Class B misdemeanor charge of making a terroristic threat in a July 31 arraignment.Rodriguez, who served as a city commissioner from 1975 to 1979, has also declined comment on the case.In a complaint filed with the San Benito Police Department, Rodriguez accused Hernandez of threatening to burn down his house and kill him during an Oct. 27, 2012, confrontation.In a police report, Rodriguez said he saw Hernandez taking photographs from inside his pickup parked outside Rodriguez's home in the 200 block of Yoakum Street.Rodriguez told police that Hernandez threatened him and resident Alfonso Benavides.According to the report, Rodriguez told police that he asked Hernandez, "Hey Jose, what's going on? Why (are) you taking pictures?"Rodriguez told police that Hernandez replied, "I'm going to get rid of you and Benavides and I'm gonna burn you out of your houses," the police report said.After Rodriguez filed the report, Hernandself storagez denied the accusations.Raynaldo Rodriguez, Hernandez's attorney, called the case a "political witch hunt."The outcome of the case will not affect an agreement in which prosecutors ordered Hernandez to stay out of trouble during a one-year probationary period that stems from an October 2012 two-count indictment in an unrelated case, Zamora said.Zamora said the alleged threat in the Ricardo Rodriguez case occurred before Hernandez entered into the agreement as part of the DA's pre-trial diversion program.Under the agreement, Special Prosecutor Ruben Pe鎙 dismissed a felony charge of tampering with evidence while the state agreed to dismiss a misdemeanor charge of abuse of official capacity if Hernandez satisfactorily completes probation, officials said.In January 2012, Benavides filed a complaint that led to the two-count indictment.The complaint accused Hernandez of proposing a revision to a city ordinance to allow mobile vendors to do business in town while he profited from a snow cone stand that operated on his lot next to his barbershop.The indictment, which accused Hernandez of discussing his proposal in a July 2011 city meeting after he signed a conflict of interest affidavit, also accused him of tampering with evidence by removing the raspa stand from his property.Pe鎙 said he agreed to dismiss the tampering with evidence charge because questions surrounding the identity of the person who moved the raspa stand made the charge difficult to prosecute.fdelvalle@valleystar.comCopyright: ___ (c)2013 Valley Morning Star (Harlingen, Texas) Visit Valley Morning Star (Harlingen, Texas) at .valleymorningstar.com Distributed by MCT Information Services迷你倉