Harris Co. Judge Frank Aguilar takes week off after allegedly stepping on girlfriend's neck

HARRIS COUNTY, Texas (KTRK) -- Harris County Judge Frank Aguilar has taken the week off from the bench in the 228th District Court after his arrest in Galveston for family violence.

A newly released and redacted probable cause affidavit states Aguilar caused bodily injury to his girlfriend by striking her "in the face and head with a closed fist multiple times" and by putting his foot on her "neck and chest area."

The incident happened at his home in Galveston around 1:30 a.m. on Sunday, New Year's Eve.

The affidavit states Aguilar rented a room out to a group of people, and they were all drinking. When Galveston police arrived, an officer observed Aguilar's girlfriend with blood beneath her nose and red marks on her neck. The affidavit said she told police Aguilar got mad at her for fighting with the guests and "held his foot down on her neck for a minute, to which she lost her breath during this time."

Aguilar said his girlfriend was drunk and throwing beer cans, and then he stopped answering questions, according to the court record.

The 66-year-old was arrested and charged with a misdemeanor charge of "assault causes bodily injury family member."

On Tuesday morning, the first day after the holiday, another judge handled Aguilar's docket, according to Judge Susan Brown.

By the afternoon, Brown, who presides over the 11th Administrative Judicial Region of Texas, said his court was quiet and the door locked.

Sandra Guerra Thompson, a law professor at the University of Houston Law Center, told ABC13 that while Aguilar has only been accused and not convicted, the allegations could have greater implications on family violence cases in his court.

"Not that he would be biased," she said. "But the public might not have confidence in anyone's ability to be impartial in that situation."

Amanda Cain, the communications director for the Administrative Office of the District Courts, said in a statement that Aguilar's ability to preside over the 228th bench is not automatically affected by the allegations raised in Galveston County.

Only the State Commission on Judicial Conduct could take action that would affect Judge Aguilar's ability to preside while the Galveston case is pending.

In 2010, while a Harris County Magistrate, Aguilar was found not guilty of assaulting a previous girlfriend.

Currently, he is out of jail on a $1,500 bond and, as a condition, is prohibited from possessing a gun, despite telling the Magistrate he carries one because he deals with violent offenders.

Aguilar did not respond to a request for comment.

If you need help getting out of a domestic violence situation, call the Houston Area Women's Center 24/7 hotline at 713-528-2121 or call AVDA at 713-224-9911. You can also click here to chat with an advocate online. If you are deaf or hard of hearing and need help, call 713-528-3625.

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