HOUSTON, Texas (KTRK) — The Harris County District Attorney’s Office won’t say why a man’s deferred adjudication agreement wasn’t revoked after multiple violations of a protective order issued last year.
The terms of the agreement explicitly bar Nicholas Guerra from committing new crimes. However, he picked up nine new charges since the deal was signed in August 2024, months after he was accused of attacking his pregnant wife.
Three of those charges were for violating the protective order, if you exclude one charge, which was dismissed for lack of probable cause.
Since the protective order was issued on July 4, 2024, court records show Guerra violated it five times, including twice before he signed the deferred adjudication agreement.
The order bars him from going within 200 feet of the victim’s Midtown home. However, police say he entered the home on multiple occasions and once slammed the victim to the ground.
“I would expect for there not to be five times,” domestic violence advocate Jamie Wright said. “No one should have to live in the United States of America in constant fear of their lives being taken.”
Even after Guerra’s arrest on a theft charge last week, the deferred adjudication deal remains intact, although the court added a line about “zero tolerance” for future violations.
“We’re getting a little long in the tooth here on this one, so I would imagine he’s probably on his last chance, but I don’t know ’cause I don’t represent him,” attorney Joe Vinas said.
The District Attorney’s Office would only refer Eyewitness News to court records when asked to comment on its handling of Guerra’s numerous cases.
However, Vinas says there’s likely more to the story than the records reveal.
Eyewitness News found multiple motions by prosecutors to revoke Guerra’s probation, only for those same prosecutors to later withdraw those motions.
The last motion to revoke probation was made on Friday, the same day he was sentenced in the theft case, and the line about “zero tolerance” was added to his agreement.
“If they feel like she’s in danger, they’re going to prosecute pretty aggressively, and so the fact that that didn’t happen here leads me to believe that there’s got to be some sort of back story,” Vinas said.
The Harris County Sheriff’s Office says Guerra remains at large after being mistakenly released from the Harris County Jail on Friday, hours after his sentence in the theft case.
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