Prosecutors drop theft case against former Peñitas city manager

EDINBURG, Texas ( ValleyCentral ) — A judge dismissed the theft case against former Peñitas City Manager Omar Romero on Wednesday.

Prosecutors concluded the case wouldn’t hold up in court, said Hidalgo County District Attorney Toribio “Terry” Palacios, and filed a motion to dismiss the theft charge.

“I have no idea how they even charged him,” Palacios said.

Omar X. Romero, 40, of McAllen worked for the city of Peñitas from 2015 to 2021, when he pleaded guilty to federal bribery and bankruptcy fraud charges.

While he waited for a judge to sentence him, Romero started working for a small construction company.

In May 2023, a storm hit McAllen.

The construction company had been working on a home with a bad roof. During the storm, the home suffered water damage.

Romero contacted a Mission-based company, ServiceMaster Restoration by Five Star, to clean up the mess. ServiceMaster didn’t respond to a request for comment.

What happened next remains disputed.

ServiceMaster said that Romero agreed to pay a $2,000 deposit, according to a criminal complaint filed with the McAllen Municipal Court. When the cleanup was completed, ServiceMaster sent him a bill for about $6,600.

Romero, however, said ServiceMaster estimated the cleanup would cost $1,800 to $2,000. When the company submitted a bill for $6,600, he balked.

ServiceMaster contacted the McAllen Police Department, which charged Romero with theft of service, a Class A misdemeanor.

Romero sent ServiceMaster a cashier’s check for $2,000 in September.

The misdemeanor theft charge, though, remained pending. Romero self-surrendered in October 2023.

After reviewing the facts, the District Attorney’s Office filed a motion to dismiss the case.

The only amount Romero agreed to pay was $2,000, Palacios said, and Romero paid that amount.

Romero also handled the cleanup on behalf of the homeowner, Palacios said, and didn’t receive a direct benefit.

“We figured it was more civil than criminal,” Palacios said. “Of course, some of these guys would like us to put the pressure on them for criminal cases, but if we open up that box — it’s Pandora’s box.”

Hidalgo County Court-at-Law Judge Rodolfo “Rudy” Gonzalez dismissed the case on Wednesday.

“I agree with District Attorney Palacios. I don’t know why this case was brought,” Romero said. “But I’m glad that it’s over and I can move past it.”

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