Two charged with death threat, damage

Published 10:44 am Wednesday, September 14, 2011

By Amanda Lillie

Two Austin residents were charged in Mower County District Court on Tuesday for reportedly threatening death on the residents of a nearby home.

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Diana Padilla, 39, and Robert Trevino, 41, were arrested early Sunday morning after allegedly attempting to break into the home, which is located within blocks of their residence.

Trevino is charged with two counts of terroristic threats, obstructing legal process and fourth-degree property damage. Padilla faces one count of terroristic threats, fourth-degree property damage and obstructing legal process.

Austin police Capt. Dave McKichan said Trevino and Padilla were throwing rocks at a residence in the 300 block of First St. SE. The house occupants called police when the the duo allegedly tried to kick in the door to the house.

When police arrived, Trevino and Padilla could reportedly be heard yelling at the people in the house. McKichan said they were yelling that they were going to harm and kill them.

Officers took the two suspects into custody, and Trevino allegedly threatened to harm the arresting officer’s family. He also spit at the officer and tried to kick out the window bars in the squad car, McKichan said.

Eventually, police sprayed Trevino with mace and put a hood on him to prevent him from spitting more.

In court Tuesday, Judge Donald Rysavy set Trevino’s bail at $40,000 without conditions and $20,000 with conditions. Although Trevino’s plea hearing isn’t until Sept. 22, he repeatedly asked Rysavy to let him make a plea on Tuesday.

“I’m not ashamed of what I did,” Trevino said in court. “I can take the consequences. I’ll take probation right now. I’ll take some jail time, too; it don’t matter.”

Trevino and Padilla will both appear in court on Sept. 22 to make their pleas.