Top Ten Story of 2011: Deputy Constable Arrested

By: Alex Villarreal Email
By: Alex Villarreal Email

We are up to number six on our Top Ten story countdown for year, decided by you guys at home.
This next story is sad and disturbing.

It was two o'clock in the morning on August 28th, when a college co-ed thought she was being arrested after a fraternity party...but instead of arriving at jail...four hours later, she woke up in a parking lot in the 12-thousand block of Wellborn Road in College Station.

Less than three weeks later, details surface about another incident involving an underage girl possibly being assaulted.
Both events have one thing in common...41 year-old Agustin Rubio...who was a Brazos County Deputy Constable at the time.

Rubio was eventually arrested after the Fraternity Row incident, no longer behind the wheel of a cruiser, but instead handcuffed, like his alleged victims and put in the backseat.

He posted a $10,000 bond and ending up resigning from the Precinct 2 Constable Office.

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

College Station Police dash cameras captured Rubio handcuffing the girl and surveillance cameras from a nearby Exxon also recorded his patrol car driving in the area where she came to.

Jeff Capps, College Station's Police Chief, said, "We were contacted...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."

Police won't comment on whether a sexual assault took place, but confirm she was taken without her consent and never arrived at a jail or holding facility.

Rhonda Seaton, with the College Station Police Department, said, "It is possible that there are additional victims out there."

Another girl did come forward, claiming the former constable had tried to sexually assault her while she was in custody a little after one in the morning on June 25th.
The girl and her friend were arrested for "consumption of alcohol by a minor" while they were in the drive-thru at this Whataburger on south Texas Avenue in Bryan.

Instead of transporting them to the Brazos County Jail, Rubio offered to let them use the restroom at the county's administration building, one at a time.
According to police records, Rubio entered the bathroom while the young woman was washing her hands.
She says he pushed her up against a wall, reached under her dress and grabbed her bare buttocks while making a reference to condoms he found in her purse.
He also allegedly asked what she'd be willing to do to get out of jail.

Seaton said, "When she got into the patrol car she was able to get her cell phone...made a note in her...note pad saying, 'he basically tried to rape me.'"

Both girls told police when they finally arrived at the jail, the former constable put $80 in the alleged victim's purse, saying it was a blessing.

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

We did some investigating of our own and News 3 discovered Agustin Rubio had six law enforcement jobs in five years.
He also resigned from the Bryan Independent School District, where had had been working as a campus monitor.
A 9th grader had accused him of sexual harrassment.

Rubio is no longer in jail, out free on a $25,000 bond.
But, with two separate charges pending, the district attorney's office says they'll be indicting him as soon as they gather everything they need from months of investigating.

News 3 has submitted open records requests to Rubio's previous employers to continue our own investigation into his past.

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