Precinct 2 Deputy Constable Arrested for Kidnapping

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*6 P.M. Thursday Update*

Disturbing allegations in College Station after a Brazos County Deputy Constable was arrested for handcuffing and kidnapping a 19-year-old woman.

Police say it happened early Sunday morning outside a fraternity party.

Investigators say the woman called police after waking up near a fast food restaurant on Wellborn Road.

Brazos County Precinct 2 Deputy Constable Augustin Rubio is accused of handcuffing a 19-year-old woman and putting her in his patrol car, while working off duty doing security at a fraternity party on Fraternity Row in College Station.

The woman was allegedly held for nearly four hours and says she woke up by the parking lot of Sonic and the Baywash Car Wash on Wellborn Road.

"The detectives were in this area and they had pointed just to the, the grassy area between the Sonic and the Baywash here that that's where she had been left," said Pete Roosma who co-owns the Baywash Car Wash.

Roosma had no idea the incident involved a uniformed constable.

"She had been apparently blacked out drunk and just kind of ended up there. I didn't realize it was a maybe it could have been a deputy or somebody that with authority that had dropped her off there," he said.

College Station Police Chief Jeff Capps tells us an officer on patrol caught Rubio handcuffing the girl on camera and spoke with him briefly before he had to respond to a traffic stop.

A camera at the nearby Exxon also recorded Rubio's patrol car as he drove around the area where the woman says she woke up.

"We were contacted the other day from the father of the victim who indicated that he'd received a phone call from several of her friends saying that it appeared she'd been arrested and he was looking to see if we might know where she would be at," said Chief Capps.

The victim told police she called her parents a little before 6 Sunday morning after she woke up.

"Still just trying to just piece together exactly what happened we will continue our follow up continue to track down leads," said Capps.

Brazos County Precinct 2 Constable Donald Lampo declined an on camera interview but tells News 3 his office will be doing an internal investigation of his deputy once the police investigation concludes.

Rubio has been with the Precinct 2 office for more than 7 years.

He was jailed for about three hours Wednesday night before posting $10,000 bond.

Police would not comment on whether the woman was sexually assaulted.

Rubio remains on paid administrative leave pending the outcome of the investigation.

*Previous Story*
On August 28th, 2011, a detective with the College Station Police Department met with a female regarding a possible criminal offense that may have occurred early that morning.

Using information provided by the victim and other witnesses, detectives were able to determine that the victim was approached by Precinct 2 Deputy Constable Agustin Rubio at the intersection of Fraternity Row and Deacon Drive.

At approximately 1:58 AM, a College Station Police Officer saw Rubio place the victim into handcuffs and then place her in the back of his patrol vehicle. Friends of the victim called her father and told him that his daughter had been arrested.

The father attempted to locate his daughter by calling local jails but he was unsuccessful. At 5:53 AM, the victim called her parents and told them that she had woken up in a parking lot in the 12000 block of Wellborn Road.

Detectives reviewed surveillance video from the area and were able to locate images of Rubio’s patrol vehicle traveling though parking lots in the business complex located in the 12000 block of Wellborn Road.

The investigation revealed that the victim was transported to the location without her consent and outside the scope of Rubio’s law enforcement duties.

In addition, at no time was the victim transported to a jail, holding facility or any other location designated to hold persons placed under arrest by Rubio.

On August 31, 2011, detectives obtained a warrant and placed Rubio under arrest.

Charges: Kidnapping – PC Sec. 20.03 – 3rd degree felony

Arrested: Agustin Garcia Rubio
41 years old
Bryan resident

The investigation into this case continues.