Family claims wrongful arrest leads to ICE detention after suspect is charged in weed-eater attack

SPRING - Last week FOX26 reported on the arrest of 50-year-old Margarita Avila. 

Harris County Precinct 4 Constable's Office said in a press release that Avila attacked a postal worker who tapped her on the shoulder while she was using a weed eater near a cluster mailbox in Spring. 

Margarita's family say this isn't the full story. 

Family finds video that they say proves innocence 

What they're saying:

"My heart just broke because they said my mom attacked somebody with a lawn mower and weed eater. My mom is not going to just attack somebody," said her daughter Libset Avila. 

Libset says she heard of the arrest from family members, then saw the story on FOX26 and decided to go to the neighborhood to find out more. 

"So we went and started asking neighbors for videos, statements," she said. 

She says one neighbor gave her video footage of the incident, where the altercation can be seen at the edge of the video frame. 

"The postal worker is the one approaching my mom," said Lisbet as she was viewing the video. 

That's when Jaqueline Mosqueda, a family member who was also working there, says she started recording video on her phone.

The video is from after the altercation and the postal worker can be heard confronting Margarita. 

Mosqueda says when the police arrived, they would not take a statement from Magarita. 

"The police were very dismissive about it, she kept saying she was punched and touched first," she said. 

Margarita was arrested and charged with assault, according to records. 

ICE involvement 

Margarita Avila, 50 (Source: Harris County Constable, Pct. 4)

Dig deeper:

Lisbet says her mother is in the country legally, currently in the process of seeking asylum. She provided documentation to corroborate this. 

"She's in the process. She's been checking in for years now with ICE," she said. 

Lisbet says under the immigration terms, it is a violation to be charged with a felony. 

Records show that Margarita's bond was set at $100, which she posted, but she is now in ICE custody awaiting the resolution of this case. 

"They're saying until this case is cleared she will be held there, so, with her not actually doing this, we need her to be released because she's not the attacker. She's the victim here," she said. 

Lisbet says she wants transparency from Precinct 4 in the investigation. 

FOX 26 reached out to Precinct 4 and the Harris County District Attorney's office for response to the developments in the case. We are awaiting a response.