Feds amend facts in complaint against transgender woman caught at courthouse

An “amended affidavit” filed by the U.S. Attorney’s Office against Irvin Gonzalez, the transgender woman taken into custody moments after filing a protective order, states Gonzalez was the head of a “money order washing scheme.”

“The scheme, which involved both Gonzalez and Gonzalez’s partner, Mario De Avila, involved stealing mail from U.S. Postal Service drop-off boxes,” the court document states.

The amended document also acknowledges Border Patrol agents escorted Gonzalez out of the county courthouse. The original document stated agents arrested the woman outside the courthouse.

ABC-7 previously reported Gonzalez, an alleged victim of domestic violence, had an extensive criminal history and had been deported from the U.S. seven times. Gonzalez’s criminal history includes convictions for Illegal Re-Entry, Larceny/From Mail, False Imprisonment (three times), Assault, Probation Violation, and Domestic Violence.

The document states Gonzalez was at the county courthouse to file a protective order against Mario Alberto de Avila, who recently bonded out of jail after he was charged with Forgery of a Financial Instrument.

“She (Gonzalez) had been kicked, punched, slapped, she had been chased around with a knife, she had a knife thrown at her. So she came to our office seeking a protective order and seeking protection from her partner,” County Attorney Jo Anne Bernal told ABC-7 the day after Gonzalez’s arrest.

A complaint affidavit filed against De Avila states he stole a $500 money order from a mail box. The money order had been mailed by an elderly woman paying her rent. Investigators said Alberto De Avila presented the stolen money order in his name at a Rapid Cash store, where he allegedly cashed it. Police arrested Alberto De Avila because he allegedly presented his ID to cash the money order. Investigators also obtained surveillance images allegedly showing Alberto De Avila cashing the money order.

MARIO ALBERTO DE AVILA

The amended affidavit filed against Gonzalez further states, Gonzalez and De Avila “retrieved money orders and washed them with transmission fluid in order to remove the name in the ‘pay to the order of’ section.” Gonzalez and De Avila would then allegedly write Gonzalez’s name in the stolen money orders, the document adds.

Gonzalez and De Avila allegedly deposited the money orders into De Avila’s Bank of America account and withdrew the money from an ATM.

De Avila was arrested and charged January 13, 2017.

El Paso Police detectives interviewed Gonzalez, who allegedly admitted to participating in the scheme, the document states. Gonzalez allegedly told a detective and an investigator with the U.S. Postal Inspector’s Office she was filing a protective order against De Avila.

The woman did not give investigators a date, but federal agents searched the county courthouse’s website and learned the court hearing for the protective order was scheduled the morning of February 9, 2017. “Because Gonzalez was residing at the Center Against Sexual and Family Violence, and not at her residence, it was determined that the best opportunity to locate Gonzalez would be after the hearing,” the document states.

THE DAY OF THE ARREST

Homeland Security Investigations agents set up surveillance outside the El Paso County Courthouse the morning of February 9, 2017.

Two U.S. Border Patrol Agents entered the courthouse and proceeded to the 10th floor, where they attempted to identify Gonzalez.

Before 9 am, a courtroom employee called Gonzalez on three separate occasions. The agents were allowed to sit in the courtroom but could not “identify Gonzalez since Gonzalez was dressed as a female.” The agents visually identified Gonzalez when the judge asked for Gonzalez by name.

After the hearing ended, an employee with the CASFV took Gonzalez to a jury room. That same employee later approached the agents and asked if they were going to take Gonzalez into custody. The agents told the employee they wanted to speak with Gonzalez regarding her “immigration status in the US.”

Gonzalez exited the room and the agents asked if she had documentation to be in the United States.

Gonzalez allegedly replied, “No.”

The agents asked Gonzalez to follow them outside the courthouse. Once outside, Gonzalez was approached by a third agent, who asked her how she entered the US.

Gonzalez allegedly admitted to having “entered the US at or near Santa Teresa, New Mexico without inspection on or about March 16, 2016.”