A former McAllen pastor is denying an allegation of sexual misconduct against him that was reported to police by the Catholic Diocese of Brownsville, according to his attorney.

Former Msgr. Gustavo Barrera of the Our Lady of Sorrows Parish was identified by the Diocese in a Wednesday news release as the pastor accused of sexual misconduct with a minor in an incident that allegedly happened 35 years ago.

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In a Saturday news release, Brownsville attorney Ed Stapleton said Barrera denies the allegation, adding that "an untold number" of parishioners are prepared to come to his defense.

“We further contend that he is not and will not be subject to criminal prosecution for many reasons,” Stapleton said in the release. “A 35-year delay in outcry makes any report highly unreliable… The law of 35 years ago in Texas recognized the unreliability of old accusations and established a statute of limitations that has long since passed. His prosecution would be not only wrong, but illegal.

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The Our Lady of Sorrows Parish website said Barrera had served as the pastor there since 2007. 

The Diocese said a police report was filed by their victim’s assistance coordinator after the individual who reported the incident to the Diocese declined to do so.

“Even his accuser did not want this to be made public,” the release from Stapleton added.

According to the release from the Diocese, Barrera was removed from ministry duties on March 15 after they received the report of sexual misconduct from the victim’s assistance coordinator. Barrera then submitted his resignation and retirement notice on March 23, which was accepted by Bishop Daniel E. Flores.

Stapleton said Barrera should be granted the due process “we all deserve.”

“He should be given written notice of the accusations against him, an opportunity to be heard, confront his accuser and present evidence,” Stapleton said in the release. “He should have an impartial review board to determine the facts."

Those who are victims of sexual abuse are encouraged to contact police and the Texas Department of Protective Services at 1-800-252-5400.

Anyone who has suffered abuse within the Diocese are urged to contact the victim’s assistance coordinator, Margie Garcia, at 956-238-1455, or margie.garcia@cdob.org.