Conroe officer sentenced to five years probation — Rios family calls punishment a ‘joke’

Jacqueline Rios speaks to the media as her husband, Juan Cuyun, center, looks on after former Conroe Police Department Sgt. Jason Blackwelder was sentenced to five years probation for the murder of her son, Russell Rios, in Conroe Wednesday. Rios was shot in the head after fleeing from a Walmart in Conroe after allegedly stealing iPad cases on July 31, 2013. less Jacqueline Rios speaks to the media as her husband, Juan Cuyun, center, looks on after former Conroe Police Department Sgt. Jason Blackwelder was sentenced to five years probation for the murder of her son, ... more Photo: Jason Fochtman Photo: Jason Fochtman Image 1 of / 3 Caption Close Conroe officer sentenced to five years probation — Rios family calls punishment a ‘joke’ 1 / 3 Back to Gallery

Conroe PD Sgt. Jason Blackwelder was sentenced to five years probation Wednesday after being found guilty of second-degree manslaughter in the death of 19-year-old Russell Rios by a jury of his peers Tuesday.

Until his manslaughter conviction, Blackwelder had an unblemished reputation, having worked as a public servant since he was 16 years old. Blackwelder held positions as both a volunteer and paid firefighter, emergency medical technician and eventually a police officer.

That was the point his defense team wanted the jury to consider Wednesday in issuing a punishment for the guilty manslaughter verdict handed down the day before.

All of Blackwelder’s professional certifications are nullified with the felony conviction, but he won’t spend time in a Texas Department of Criminal Justice prison facility as long as he adheres to the terms of his probation sentence.

Conroe Police Chief Philip Dupuis said in a statement that the police department had been committed to transparency from the beginning of its investigation, despite questions of how the crime scene was handled and officer testimony of Blackwelder mostly being treated like a fellow officer.

“First, the Conroe Police Department would like to extend our condolences to the Rios family at the loss of their family member,” Dupuis read from a statement. “While knowing our words provide little comfort, our hearts understand your loss. From the onset of this investigation, the Conroe Police Department has been committed to transparent, systematic examination of the facts involved. It is our belief that the Conroe Police Department conducted a comprehensive investigation with integrity and ethical fortitude. The evidence has spoken. I would like to extend our appreciation to the Montgomery County Sheriff’s Office and Montgomery County District Attorney’s Office for their assistance throughout the investigation.”

Rios family: ‘It’s a joke’

Rios’ family members after returning home from the Montgomery County Courthouse told The Courier they disagreed with everything about how the process was handled, from the investigation to Tuesday’s verdict in the punishment phase of the trial.

Rios’ mother, Jacqueline Rios, was distraught after learning of the verdict. She said all of the hours spent in the courtroom the last two weeks felt like a waste of time and that the court laughed in her family’s face.

“Remember, my son is a human,” Jacqueline Rios said. “He’s not an animal. I think everybody respects more a dog or a cat than my son, who is my son. My son is nothing? — Come on. They don’t respect other people. They played us. The police can kill anybody and only get five years probation because they’re police, because they don’t have criminal records?

“I’m embarrassed to go outside because they laugh in my face. The justice system is laughing in my face.”

Juan Cuyun, Russell Rios’ father, said he felt Blackwelder will never be treated like a felon, despite the manslaughter conviction. Cuyun even asked his lawyer if the sentence he heard was the correct one.

“It’s a joke,” Cuyun said. “They say he’s never had a criminal history, but he’s a criminal now. That’s the whole thing. He’s a criminal now. This is like not punishing him at all. I was told we would be able to gain trust in the system of Montgomery County. But that is not justice. It’s a fake, to act like they’re doing something. You can go to prison for dog fighting, animal abuse, but what about my son? From the beginning, they did the same thing at the crime scene, in the courtroom and the same thing to this moment. (Blackwelder) is a criminal, bottom line. He killed my son.

“What kind of message does this send to the community, for when this happens again with an officer? We’re pretty sure this could happen again. For one, the officer likely won’t get convicted and if they do, since most officers don’t have criminal history, they get a slap on the wrist. We pay taxes here and that’s how the policemen get paid. But they don’t care for the community. This officer was supposed to be protecting the community, the citizen. What he did was kill a citizen. That is not justice. They know they can do whatever they want.”

Ligon: ‘You can’t have it both ways’

Montgomery County District Attorney Brett Ligon touted the jury for reaching the guilty verdict and the punishment of Blackwelder.

Prosecutor Kelly Blackburn argued in his closing statement to the jury before deliberation on punishment that probation was not appropriate.

Defense witnesses defended Blackwelder’s reputation. Speaking on Blackwelder’s behalf were Willis Police Chief Philip James Nowak, Conroe Fire Department Lt. Joe Craig, Smith County 114th District Court Judge Christi Kennedy, Blackwelder’s wife Tiffany and twin brother John of the Montgomery County Sheriff’s Office motorcycle patrol unit.

All of Blackwelder’s character witnesses said he had more to contribute to society outside of prison, even with his felony conviction.

“He’s a complete rule follower,” said Kennedy, a friend of Blackwelder’s parents for more than 30 years. “I would trust Jason with my life.”

The jury was also instructed to consider the same evidence that was presented throughout the trial’s entirety.

“That is a panel truly reflective of this community and that jury came back with a guilty verdict,” Ligon said. “For those of us who trust that verdict, we also have to have trust in the verdict on punishment. That same jury heard the same evidence on punishment. You can’t have it both ways. That same jury, after they deliberated, came up with five years of probation. That’s the verdict that the jury thought was appropriate. I support that verdict.

“In the tragic circumstance of an officer involved shooting, the highest duty of our office and law enforcement is to uncover the truth. Our office, the Conroe Police Department, and the Sheriff’s Office presented a complete and thorough investigation to the jury. It is clear from their verdict that this jury carefully examined all of the evidence in the guilt and punishment phases of this trial and arrived at the appropriate verdicts. We hope that this assures the public that even when it comes to investigating and prosecuting “one of our own,” we will never shy away from the truth and we will always, always seek justice.”