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News and Press Releases
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2005 Press Releases:
2005 from The Paris News:
May 31, 2005
For Immediate Release
Meth cook gets 40 years
A guilty plea Tuesday before District Judge Jim Lovett resulted
in a 40 year sentence for Marvin Dewayne Lester, 35, of Paris.
A March 2003 manhunt for three burglary suspects by Lamar
County Sheriff officials led to Lester's arrest by the Regional
Drug Task Force for possession of a controlled substance more
than 400 grams. Lester was found to have 572 grams of liquid
methamphetamine which investigators said he cooked, or produced,
himself.
"We got a call of a house being burglarized south of
Kimberly Clark," said district attorney investigator Chris
Brooks, who was an investigator with the sheriff's office at
the time. "DPS had their helicopter up, we had a private
plane up, TDC had their guards out searching."
A family member of Lester's was one of the three burglary
suspects being hunted and Brooks said a search warrant was obtained
for Lester's home because Brooks smelled chemicals consistent
with producing methamphetamine.
Lester agreed to plead guilty to the charge and let Judge
Lovett assess punishment.
First Assistant District Attorney Lloyd Whelchel said investigators
found materials consistent with Lester having cooked the drugs.
Lester testified during his bench trial that the incident in
question "was his second time to cook," Whelchel said.
Lester also testified the drugs were only for his personal use.
Drug Task Force Assistant Commander Tommy Moore testified
that the final product would have been approximately 100 grams
of methamphetamine and that once cut, or had materials added
to it to make the quantity larger, would have had a street value
of approximately $20,000.
February 2, 2005
FOR IMMEDIATE RELEASE
Parson found guilty of aggravated assault on family
A Powderly man was found guilty Wednesday of pulling a gun
on his wife and step-son in a May 2004 family violence incident.
A Lamar County jury took just over an hour and 15 minutes
to find Stanley Mark Parson, 39, guilty of three counts of aggravated
assault with a deadly weapon before Sixth District Judge Jim
Lovett. Punishment phase testimony is scheduled to begin 9 a.m.
Thursday.
Two and one-half days of testimony presented by District Attorney
Gary Young and First Assistant Lloyd Whelchel involved the 6
millimeter rifle Parson aimed at his wife and her 16-year-old
son during an intoxicated family violence assault. "He told
the boy to stop or he would shoot," Young said.
Both victims turned hostile to prosecutors in recent weeks,
recanted their original story and told the jury they had lied
about the case to sheriff's investigators and the grand jury
on three prior occasions. Prosecutors had anticipated both the
woman and her son planned to change their story in trial.
The woman told the jury she lied to authorities the night
of the May incident to try and get help for her husband's alcoholism
and that she continued the lie to the grand jury in December
2004. "He did not point the gun at me or my son," she
told the jury Tuesday.
"The jury did not believe her lies to them," Young
said. "Sadly, this woman is like many others who are in
abusive relationships that turn violent. She is blinded by the
co-dependency and is caught in the cycle of abuse."
Dr. Claire Haslam of Family Haven testified to battered woman's
syndrome and said through her examination of the case it was
clear the defendant's wife had characteristics of this syndrome.
Dr. Haslam said without intervention, the cycle of abuse would
continue. Whelchel told the jury in closing arguments, "We're
asking you to intervene and stop this coward."
Sheriff's investigator Sgt. Travis Rhodes testified that on
the night of the incident he found guns hidden under a pile of
wood and Parson in a fetal position under a bush near a chicken
coop on the property. Rhodes said the defendant's wife was very
upset and begged deputies not to leave until Parson was found.
Young said Parson faces 25 years to life in prison because
of two prior felony convictions for theft and possession of marijuana.
February 3, 2005
FOR IMMEDIATE RELEASE
Aggravated assault on family gets man 99 years
A Lamar County jury Thursday gave three 99-year sentences
to Stanley Mark Parson, 39, of Powderly for aggravated assault
with a deadly weapon and his wife was arrested in the courtroom
for lying to the jury.
Parson was found guilty Wednesday of pulling a gun on his
wife and step-son in a family violence incident. His wife, Waynell
Parson, 39, was arrested Thursday for committing the felony crime
of perjury in the presence of Sixth District Judge Jim Lovett.
After hearing testimony Thursday on prior crimes Parson had committed,
including felony possession of marijuana and theft, other charges
including child molestation and driving while intoxicated were
shown to the jury from Parson's past. The jury took a little
more than one hour to return the punishment of 99 years in prison
on each of the three counts. Prosecutors described Parson as
one of the more heinous offenders due to his extensive criminal
background.
"Due to the finding of a deadly weapon, Parson must serve
a minimum of 30 years before he first becomes eligible for parole,
which will make him 70 years old before he can first be considered
for release," said Lamar County and District Attorney Gary
Young.
"This hopefully sends a message to men in this county
who beat up and threaten their wives keeping them in these cycles
of violence and control," First Assistant County Attorney
Lloyd Whelchel said. "Obviously juries don't think that's
something they want in their community."
Young noted the excellent investigative work of the Lamar
County Sheriff's office as well as the way deputies handled the
incident the night it occurred. "It's a pleasure to work
with these guys," Young said of deputies and detectives.
Parson used a 6 millimeter rifle and aimed at his wife and
her 16-year-old son during an intoxicated family violence assault
in May 2004. Both victims turned hostile to prosecutors, recanted
their original story and told the jury they had lied about the
case to sheriff's investigators and the grand jury to try and
get help for Parson's alcoholism. No charges are expected against
the step-son.
Meth with intent to deliver leads
to 10-year prison sentence
February 23, 2005
FOR IMMEDIATE RELEASE
A man was sentenced to 10 years in prison Wednesday for possession
with intent to deliver methamphetamine.
Dennis Eugene Allen, 30, who lists both Bogata and Ohio addresses,
pled guilty to the charge and asked Sixth District Judge Jim
Lovett to determine the sentence.
Lamar County Sheriff's officers received information that stolen
property and methamphetamine were at a residence where the defendant
lived in Deport. Lamar County felony prosecutor Sherry Whelchel
said deputies and Drug Task Force agents executed a search warrant
May 15, 2003, and drug paraphernalia was found along with methamphetamine.
"This was a large amount - 17.92 grams," Whelchel
said, adding the drug was in two forms: crystal meth and a rock-like
form. "It was significant because it was some of the first
crystal meth they had seen in this area." Whelchel noted
the amount was indicative of a "mid-level dealer."
Scales and baggies were also found and the defendant admitted
he was selling meth to supplement his income as a truck driver
"because he owed a lot of money in child support,"
Whelchel said. The defendant was found in the home with his common-law
wife and an infant at the time the search warrant was executed.
"We don't want to be perceived as a drug-friendly county.
For every decision, there is a consequence and the defendant's
decision to supplement his income in an illegal manner resulted
in severe consequences," Whelchel said.
Editorial:
Crime warranted hefty 100-year sentence
Editorial
The Paris
News
Published January 10, 2005
We strongly agree with the comment made by state District
Judge Jim D. Lovett after a six-man, six-woman jury sentenced
Orian Lee Scott to 100 years in prison for video taping teenage
boys showering in his Maxey residence.
“I think you were 100 percent correct in the verdict
you reached,” Lovett told jurors after the 67-year-old former
teacher was convicted of three counts of inducing a child under
18 to engage in sexual conduct, three counts of producing or
promoting a videotape involving sexual conduct and three counts
of possession of child pornography.
Because of the nature of the crimes Scott was convicted of
committing, we believe a 100-year sentence was appropriate, and
we believe it is good for this community that he will be 92 before
he becomes eligible for parole. Behind bars, Scott cannot ruin
the lives of children.
However, we are keenly aware that Scott could have served
only five years for these crimes had he accepted a ridiculous
plea bargain offered by former County and District Attorney Mark
Burtner. Quite frankly, we don’t know why he didn’t,
and our guess is he now wishes that he had.
Fortunately, Scott had not accepted the deal before Gary Young,
the new county and district attorney, who defeated Burtner in
the Democratic primary, took office. Having reviewed the case,
Young appropriately withdrew the offer and took the case to trial.
Young demonstrated to us that he really is tough on crime.
Given the seriousness of the alleged crimes and the fact that
children were involved, we cannot imagine why Burtner would have
made such an offer, especially in light of the fact that the
prosecution had such a good case against Scott. We’re just
glad that Young took office early and prosecuted Scott to the
fullest.
Children — including teenage boys — deserve to be
protected from adults who would prey upon them. The victims of
these crimes were innocent children who trusted a man who they
thought was their friend. However, we note that the hidden camera
could have just as easily caught an adult. Such actions needed
to be prosecuted, and we are glad they were.
Our hope is that the sentence the jury recommended keeps Scout
away from children and sends a message to others that such criminal
behavior in Lamar County will result in stiff penalties.
January 12, 2005
FOR IMMEDIATE RELEASE
Cocaine with intent to deliver gets man 25 years in prison
The defendant in a two-year-old drug case was handed a 25-year
sentence Tuesday in Lamar County's first trial of 2005.
Jean Batiste Rougeux, 34, was found guilty of possession of
a controlled substance, namely cocaine of more than 4 grams but
less than 200 grams, with intent to deliver. The nine woman,
three man jury took 30 minutes to return the guilty verdict and
later in the day took one hour to determine his punishment.
It was Rougeux's first felony conviction and he was eligible
for probation, which defense attorney Ben Massar argued for,
but the jury denied. "Being this was his first offense,
we offered him 10 years in prison in a plea deal," said
Lamar County and District Attorney Gary Young. "But he wanted
his day in court and he got it."
A tearful Rougeux was heard saying, "I should've taken
the deal," as he was being transported to Lamar County Jail
where he awaits transfer to the Texas Department of Criminal
Justice Institutional Division.
"The message is clear. The citizens of Lamar County do
not want illegal drugs in their community," said assistant
county attorney Sherry Whelchel, who was lead prosecutor in the
trial. "Drug users and dealers need to take their activities
elsewhere."
Rougeux was categorized as a "low to mid-level dealer"
in testimony by Paris police officer Leigh Foreman, who made
the arrest in January 2003 at a Paris apartment. Foreman was
an officer in the narcotics division at the time and had received
a tip from a confidential informant that Rougeux was at the location.
Evidence showed in the trial that Rougeux was in possession of
nearly 15 grams of cocaine and intended to deliver it to another
man.
Tommy Moore, assistant commander of the Red River Valley Drug
Task Force, also testified as to the amount of cocaine being
typically divided to produce 300 individual user doses. Moore
said one ounce typically sells for $100 on the street, but is
usually cut with other products to increase the amount of profit
to be made.
Defense attorney Massar argued that while his client was in
possession of the cocaine, he never intended to deliver it. Whelchel
and Young argued that measuring scales and 70 small baggies found
on Rougeux, in addition to the 15 grams of cocaine, indicated
he was a distributor.
Man gets 25 years for cocaine
conviction
By Charles Richards
The Paris
News
Published January 12, 2005
A man arrested in a Paris apartment two years ago with about
15 grams of cocaine was convicted Tuesday of possession with
intent to deliver and was sentenced to 25 years in prison.
The Lamar County jury of nine women and three men took about
30 minutes to return the guilty verdict against Jean Batiste
Rougeux, 34, then later in the day took an hour to determine
his punishment.
Rougeux was eligible for probation, since it was his first
felony conviction, and defense attorney Ben Massar asked the
jury to grant it. The jury didn’t agree.
“Being this was his first offense, we offered him 10
years in prison in a plea deal, but he wanted his day in court,
and he got it,” said Lamar County and District Attorney
Gary Young.
“I should’ve taken the deal,” Rougeux said,
as he was being transported to Lamar County Jail, where he awaits
transfer to the Texas Department of Criminal Justice.
“The message is clear. The citizens of Lamar County do
not want illegal drugs in their community. Drug users and dealers
need to take their activities elsewhere,” said assistant
county attorney Sherry Whelchel, lead prosecutor on the case.
Paris police officer Leigh Foreman, who made the arrest in
January 2003, was an officer in the narcotics division at the
time. He testified that Rougeux was a “low to mid-level
dealer.” He said a confidential informant tipped him that
Rougeux was at the apartment.
Evidence during the trial was that Rougeux had almost 15 grams
of cocaine and intended to deliver it to another man. There are
about 28 grams to an ounce. Tommy Moore, assistant commander
of the Red River Valley Drug Task Force, testified that an ounce
of cocaine typically sells for $100 on the street, but is usually
cut with other products to increase the amount of profit to be
made.
Massar argued that although his client had the cocaine in
his possession, he never intended to deliver it.
Young and Whelchel argued that the measuring scales and 70
small baggies also found on Rougeux indicated otherwise.
Man gets 99 years for family violence
By Charles Richards
The Paris
News
Published February 04, 2005
A Powderly man was sentenced Thursday to 99 years in prison
for pointing a rifle at his wife and stepson during a drunken
rage last May.
His wife was herself arrested in the courtroom at the end
of the trial — charged with perjury after recanting her
earlier claims and testifying that he never threatened them after
all.
A six-man, six-woman Lamar County jury deliberated for an
hour and 15 minutes Wednesday to convict Mark Parson, 39, on
three counts of aggravated assault with a deadly weapon.
Thursday, the jury heard testimony on prior crimes Parson
had committed — including child molestation, multiple arrests
for driving while intoxicated and felony convictions of theft
and possession of marijuana. The panel deliberated an hour and
five minutes to set his punishment at 99 years in prison for
each of the three counts.
By law, the sentences will run concurrently. Parson must serve
at least 30 years in prison before he will be eligible for parole,
District Attorney Gary Young said.
Assistant prosecutor Lloyd Whelchel said: “This hopefully
sends a message to men in this county who beat up and threaten
their wives, keeping them in the cycles of violence and control.
Obviously, juries don’t think that’s something they
want in their community.”
Sgt. Travis Rhodes, an investigator with the Lamar County
Sheriff’s Department, testified that last May 16, the night
of the incident, Waynell Parson, 39, was very upset and begged
deputies not to leave until her husband was found.
Rhodes said he found guns hidden under a pile of wood and
found the defendant in a fetal position under a bush near a chicken
coop on the property.
But in her testimony before the jury on Tuesday, she said,
“He did not point the gun at me or my son.” She said
she invented the story, lying to law enforcement officers twice
last May and again to a grand jury on Dec. 7 in an attempt to
get help for her husband’s alcoholism.
After the jury left the courtroom Thursday to begin its deliberations
in the punishment phase, 6th state District Judge Jim Lovett
summoned the defendant’s wife to the bench.
“You have committed a felony in my presence, and you
will be arrested,” said Lovett, who over the years has made
it clear he won’t tolerate perjury in his courtroom. She
was either lying to the grand jury or lying in her trial testimony.
The jury concluded she was telling the truth last year and lying
during the trial.
The state taped a telephone conversation from Lamar County
Jail in which the defendant read to his wife parts of her grand
jury testimony and told her, “If you just say you don’t
remember, they can’t get you for perjury.”
Dr. Claire Haslam of Family Haven testified to battered woman’s
syndrome and said through her examination of the case it was
clear the defendant’s wife had characteristics of this syndrome.
Without intervention, the cycle of abuse would continue, Haslam
testified.
“The jury did not believe her lies to them,” Young
said. “Sadly, this woman is like many others who are in
abusive relationships that turn violent. She is blinded by the
co-dependency and is caught in the cycle of abuse.”
No perjury charges are likely against the stepson, who also
testified that the defendant never pointed a gun at them, Young
said.
The DA praised the investigative work of the Lamar County
sheriff’s department.
“It’s a pleasure to work with these guys,”
Young said.
Jury foreman Ken Norris of Arthur City told The Paris News:
“We had little doubt that he was guilty of what the state
was accusing him of, and we felt (his wife and her son) were
coerced to change their testimony for this trial. That was the
primary determination we had to make as to the guilt or innocence.”
The jury was of one mind concerning guilt or innocence, but
had some discussion about the length of sentence, Norris said.
“We felt like it needed to be long enough to allow (the
couple’s two children) to grow up and make their own decisions
and overcome the trauma that he’s imposed on them,”
the jury foreman said.
Norris didn’t learn of the perjury charge against the
defendant’s wife until after the judge had discharged the
jury and they had left the courthouse.
“We discussed (after reaching a verdict) whether they
would follow up on that,” Norris said. “Our discussion
was primarily related to the battered woman syndrome and how
much she had been coerced into changing her testimony. I’m
glad to hear the stepson wasn’t charged (with perjury).
Adults can make up their own mind, but children are often put
in a position where they have no say.”
Meth peddler sentenced to 10 years
Copyright © 2005 The Paris News
By Charles Richards
The Paris
News
Published February 24, 2005
A 40-year-old man who said he was selling methamphetamine
to supplement his income as a truck driver has been sentenced
to 10 years in prison.
Lamar County sheriff’s deputies and officers with the
Red River County Drug Task Force arrested Dennis Eugene Allen
in a May 15, 2003, raid of a Deport residence where Allen was
living with his common-law wife and an infant. The sheriff’s
office was acting on information that stolen property and methamphetamine
were at the house.
State District Judge Jim Lovett sentenced Allen on Wednesday
afternoon while holding court at a courtroom in the Lamar County
Jail. Allen pleaded guilty and asked for Lovett to determine
the sentence.
During the 2003 methamphetamine raid of Allen’s residence
in Deport, officers seized 17.92 grams of meth, plus scales and
plastic bags, officials said.
There are 28 grams to an ounce. A gram is about the amount
held by a Sweet ’n Low package. On the street, a gram sells
for about $100, law enforcement officers say.
Sherry Whelchel, a felony prosecutor in Young’s office,
said the drugs seized in the raid were of two forms — crystal
meth and a rock-like form.
“It was significant because it was some of the first
crystal meth they had seen in this area,” she said.
Allen said he was dealing meth “because he owed a lot
of money in child support,” she said.
“We don’t want to be perceived as a drug-friendly
county. For every decision, there is a consequence, and the defendant’s
decision to supplement his income in an illegal manner resulted
in severe consequences,” she said.
• • •
Another expected plea — by capital murder defendant Michael
Dewayne Davis, 38, in the January 2004 slaying of Marvin Davis,
79 — did not materialize.
An aide to Lamar County and District Attorney Gary Young said
it was thought a deal had been worked out in which Davis would
plead guilty to capital murder and aggravated robbery in exchange
for a life sentence.
The victim, no relation to the defendant, was found dead in
his trailer at Gene’s Flea Market on Jan. 8, 2004.
“It fell through. Just didn’t happen — one
of those things that happen sometimes,” said another felony
prosecutor, Lloyd Whelchel, of the plea bargain. The case will
proceed to trial at a later date.
Michael Davis was originally indicted last summer. His reindictment
on Dec. 7 cited two counts of capital murder. One count alleged
he killed Marvin Davis by beating or strangling him during the
commission of a robbery, and the other count alleged he killed
him during the commission of a burglary.
Legal snafu allows sex offender
near school
Copyright © 2005 The Paris News
By Charles Richards
The Paris
News
Published February 18, 2005
A man who was arrested 21 months ago in Paris for aggravated
sexual assault of a child is living in Sherman across the street
from an elementary school, and Grayson County authorities are
not happy about it.
William Brent Jeter was arrested in Paris on May 27, 2003,
and pleaded guilty Sept. 24, 2004, in exchange for 10 years adjudicated
probation offered by former County Attorney Mark Burtner.
Jeter, 43, is required to register as a sex offender, but
Burtner waived the usual restriction prohibiting living within
1,000 feet of a child safety zone, officials said.
Burtner, who lost his re-election bid last year to Gary Young,
resigned in August and moved to El Paso, and Lamar County commissioners
appointed Young to serve the rest of Burtner’s term.
Jeter was sentenced after Burtner left, but in the first week
after his successor took office. Young was out of town, attending
a training conference.
Now that the unusual probation conditions for Jeter have come
to light, Young says he wants to take another look at them.
Young wants Jeter to move back to Paris, where probation officers
can keep a closer eye on him. The county attorney also wants
to amend his probation conditions to include the ban on living
close to a school.
February 25, 2005
FOR IMMEDIATE RELEASE
20 years in prison for a string of burglaries
A Paris man was punished Friday by Sixth District Judge Jim
Lovett for a string of burglaries committed in July 2003.
Kerry Larnez Rollerson, 26, of Paris was found guilty in a
bench trial before Lovett earlier this month. Friday, he was
sentenced to 20 years on each of three counts of burglary of
a habitation and two years on two counts of theft of a firearm.
Two additional counts of felon in possession of a firearm resulted
in 10-year sentences. Lovett ordered the sentences to run concurrently.
"When the sanctity of a person's home is violated, especially
the way it is in a burglary, there should be severe consequences,"
said Assistant District Attorney Sherry Whelchel. "Items
of sentimental value were stolen that can never be replaced and
there is no price or punishment to substitute for those."
Whelchel said she was also concerned about stolen firearms.
"Our fear is that any of those firearms could be used in
committing other crimes."
A joint investigation between Lamar County Sheriff and Paris
Police officers began when Rollerson attempted to pawn stolen
coins. A shoe print left at the scene of one burglary was matched
to a shoe found in the defendant's bedroom. An anonymous person
also told officers they saw someone matching Rollerson's description
attempting to bury items behind a vacant house.
District Attorney Gary Young said, "This is yet another
clear message that if you break into somebody's house and steal
their possessions, you will be punished. The people of Lamar
County don't like it, Judge Lovett didn't like it, and neither
do I."
Rollerson has previous convictions in Lamar County for burglary,
evading arrest, failing to stop and render aid, deadly conduct
by discharging a firearm, criminal trespass and theft.
February 25, 2005
FOR IMMEDIATE RELEASE
Sex offender has probation modified
A convicted sex offender had his probation terms and conditions
modified Friday by Sixth District Judge Jim Lovett.
Lovett gave William Brent Jeter until 5 p.m. Saturday, Feb.
26, to move into a home he recently purchased in Lamar County
after living in Grayson County for the past six months.
Jeter pleaded guilty Sept. 24, 2004, to a charge of aggravated
sexual assault of a child in exchange for 10 years deferred adjudication
probation offered by former Lamar County Attorney Mark Burtner.
Burtner did not request the usual restriction prohibiting the
defendant from living within 1,000 feet of a child safety zone
for a sex offender and allowed Jeter to move to Grayson County
with the understanding the probation department there would supervise
him.
"After looking it over, Grayson County decided they could
not supervise him," said First Assistant Lamar County Attorney
Lloyd Whelchel. "In October, we saw that the condition of
his probation regarding where he would live would have to be
modified and we thought it best for the citizens of our area
that Mr. Jeter be held to what any other sex offender is held
to."
Whelchel asked the judge to add the child safety zone restriction
and order more rigorous therapy and polygraphs from a licensed
sex offender therapist in the Dallas area. Lovett agreed to the
child safety zone modification, but ordered Jeter to undergo
what he called "one of the most successful sex offender
therapy programs in the nation" through a partnership of
Lamar County's Adult Probation and Allied Professionals Counseling.
Sex offender ordered to return
to county
From staff reports
The Paris
News
Published February 27, 2005
The probation conditions have been changed for a 43-year-old
man who moved into a house across from an elementary school in
Sherman after he was convicted in Lamar County of aggravated
sexual assault of a child.
William Brent Jeter, who had been living in Sherman for the
past six months, on Friday was given one day to move into a home
he recently purchased in Lamar County.
State 6th District Judge Jim Lovett told Jeter to be in the
residence by 5 p.m. Saturday.
Lamar County and District Attorney Gary Young said Jeter pleaded
guilty last Sept. 24 in exchange for 10 years deferred adjudication
probation offered by former Lamar County Attorney Mark Burtner.
Burtner did not request the usual restriction prohibiting
convicted sex offenders from living within 1,000 feet of a child
safety zone and allowed Jeter to move to Grayson County with
the understanding the probation department there would supervise
him, First Assistant District Attorney Lloyd Whelchel said.
“After looking it over, Grayson County decided they could
not supervise him,” Whelchel said.
“In October, we saw that the condition of his probation
regarding where he would live would have to be modified, and
we thought it best for the citizens of our area that Mr. Jeter
be held to what any other sex offender is held to.”
Whelchel asked the judge to add the child safety zone restriction
and to order more rigorous therapy and polygraphs from a licensed
sex offender therapist in the Dallas area.
Lovett agreed to the child safety zone modification, but ordered
Jeter to undergo what he called “one of the most successful
sex offender therapy programs in the nation” — a partnership
of Lamar County’s adult probation and Allied Professionals
Counseling.
Paris man gets 20 years for burglary
By Charles Richards
The Paris
News
Published February 27, 2005
A Paris man has been sentenced to prison for a string of burglaries
committed in July 2003.
Kerry Larnez Rollerson, 26, of Paris was found guilty earlier
this month in a bench trial before 6th District Judge Jim Lovett.
On Friday, Lovett sentenced him to 20 years on each of three
counts of burglary of a habitation, two years in prison on two
counts of theft of a firearm and 10 years on two counts of felon
in possession of a firearm.
The judge ordered the sentences to be served concurrently.
The Lamar County sheriff’s department and the Paris Police
Department conducted a joint investigation, which began after
Rollerson attempted to pawn stolen coins.
A shoe print left at the scene of one burglary was matched
to a shoe found in Rollerson’s bedroom. Law enforcement
officers also received an anonymous tip that someone matching
Rollerson’s description was seen attempting to bury items
behind a vacant house.
Rollerson has previous convictions in Lamar County for burglary,
evading arrest, failing to stop and render aid, deadly conduct
by discharging a firearm, criminal trespass and theft.
“This is yet another clear message that if you break
into somebody’s house and steal their possessions, you will
be punished. The people of Lamar County don’t like it, Judge
Lovett didn’t like it, and neither do I,” Lamar County
and District Attorney Gary Young said.
Severe consequences should follow when the sanctity of a person’s
home is violated, especially the way it is in a burglary, assistant
prosecutor Sherry Whelchel said.
“Items of sentimental value were stolen that can never
be replaced, and there is no price or punishment to substitute
for those,” she said.
Defendant’s behavior raises
mistrial fears
Copyright © 2005 The Paris News
By Charles Richards
The Paris
News
Published March 01, 2005
A summoned jury panel of an estimated 100 people was waived
and dismissed Monday because of the defendant’s eccentric
behavior and the prosecutor’s fear of a mistrial, Assistant
District Attorney Sherry Whelchel said.
A 23-year-old burglary defendant was ready — too ready
— to go to trial.
In his jail cell, Demenzia Montwell Mitchell had applied “war
paint” Monday morning by applying powdered bathroom cleaner
on his face and under his eyes, Whelchel said.
Prior to being transported from Lamar County Jail to the courthouse,
Mitchell continued to be disruptive and belligerent with jailers,
she said. Nonetheless, they cleaned him up before taking him
to court.
Once in the courtroom of 6th state District Judge Jim Lovett,
he sat shaking and alternately stared intently at different people,
dodging eye contact, with wildly unkempt hair, according to witnesses.
Lovett decided Mitchell needed further psychological testing
after being examined by the jail’s doctor.
“The judge took testimony from a jailer, the defendant’s
fiancee, and then ordered a full psychological evaluation be
done by Dr. David Bell,” Whelchel said.
“He’s never exhibited this kind of behavior before,”
Whelchel said. “In every prior hearing, he was fine. It’s
not uncommon for defendants to feign incompetence on the day
of their trial.”
According to jailers, Mitchell’s behavior had been normal
while incarcerated.
“We had a number of witnesses and victims lined up for
today’s trial, not to mention the jury panel of at least
100 citizens. This is certainly a waste of time and taxpayer
money,” she said.
Mitchell and Denoval Dewayne Grant, 25, were arrested Aug.
7, 2003, at a gas station on U.S. 82 in Blossom on seven counts
of burglary of a habitation. A resident saw two men coming out
of a neighbor’s house. He knew the neighbor was out of town,
so he called the Lamar County Sheriff’s Office, Sheriff
B.J. McCoy said after the arrests.
“One of our officers just happened to be right around
Blossom,” McCoy said.
Concert announced observing crime
victims week
March 11, 2005 | embargoed for release
beginning March 27
A free outdoor concert has been organized in observance of
crime victims week.
The event will be held 2-6 p.m. Saturday, April 16, around
the fountain on the square in downtown Paris. It's free to the
public and is not a fundraiser of any kind, according to Allan
Hubbard, victim-witness coordinator in the Lamar County District
Attorney's Office.
Scheduled to perform are local musicians Michael O'Neal Band,
The Blues Buddies Band, Levelroute, The Hard to Get Bluegrass
Band, and Barney Sawyer and the Dirty White Boys. Victims of
crime and their families are encouraged to attend and be recognized
for their bravery and continued perseverance of daily life, Hubbard
said.
"Our area is blessed with lots of really talented and creative
musicians, and everybody loves music," Hubbard said. "This
should make for a nice afternoon in the beautiful downtown area
to recognize the importance of sensitivity to crime victims."
Hubbard said crime victims are often overlooked by the general
public. "Our law enforcement and court system deal with
them effectively and know they're important, but people in the
community may not realize how many victims there are walking
among us," he said.
"Don't get me wrong: a lot of victims act in a way and
associate with people that lead to them becoming a victim. They
make wrong choices and basically suffer the consequences, but
their families also suffer. And there are victims who are innocent
bystanders and did not deserve to be victimized," Hubbard
said.
The concert is one of hundreds of events scheduled statewide
in Texas the week of April 10-16 to increase public awareness
of the importance of victim rights.
Hearing for Cobb postponed; Davis
murder case waits
By Charles Richards
The Paris
News
Published March 23, 2005
A pretrial hearing was postponed today for capital murder
defendant Christopher Cobb — accused in the Aug. 29 deaths
of his great-grandparents.
The 22-year-old Cobb, handcuffed and wearing an orange Lamar
County Jail jumpsuit, was in 62nd state district court this morning
when court officials got word that a postponement was necessary
because of an illness in the family of defense attorney Steven
Miears of Sherman.
District Attorney Gary Young said the hearing will be rescheduled.
The hearing was to address Miears’ request to state District
Judge Jim Lovett to suppress a written statement Cobb gave police
on Aug. 30. On that morning, the bodies of Charley Smith, 89,
and Ruth Smith, 88, were found in their residence at 3715 Smallwood
Road, which is in the Reno city limits, north of Elk Hollow Golf
Club.
Miears also was seeking to suppress physical items seiz-ed
during the day.
Police officers from Paris and Reno were on hand to testify
as to items seized and statements made.
Cobb was arrested after it was discovered he had pawned jewelry
belonging to his parents without their knowledge. Police got
permission to search his room at his parents’ house next
door and found “several articles ... that had blood stains.”
Reno Police Chief Jess Wilson wrote in a report that when
Paris Police Chief Karl Louis first questioned Cobb about the
deaths, he denied knowing what happened, but then confessed in
detail to both murders.
“He advised he killed them on Sunday night late and said
he stabbed and shot his great-granddad and then shot his great-grandmother.
Cobb gave specific detail as to how the offense occurred and
where the weapons were left, which all match evidence found during
the investigation,” Wilson reported.
It’s alleged that Cobb killed his great-grandparents
for money to buy drugs. Police said a bag containing marijuana
was found in his room, and a plastic bag containing cocaine was
found on his person.
No date for a trial has been set, but the district attorney’s
office said the trial likely will be the first one held in the
new Lamar County Courthouse, which is scheduled to reopen in
July after extensive renovation.
Two other high profile trials are scheduled in coming weeks
in the interim district courtroom on the second floor of the
old post office, which has been serving as the courthouse.
Jury selection is scheduled to begin Monday in the trial of
Tramaine Jarrod Kellum, 19, of Paris, who was shot in the leg
by Paris police last September.
The shots were fired after Kellum pointed a gun at officers
before attempting to drive away from the vicinity of Seventh
N.W. and Graham streets late one Friday night last September.
Kellum is charged with aggravated robbery and aggravated assault
with a deadly weapon against a public servant.
A capital murder trial involving defendant Michael Davis,
38, of Paris is scheduled for next month, starting with jury
selection on April 25.
Miears also represents Davis, who is accused in the slaying
of Marvin Davis, 79, no relation, who was found dead on Jan.
8, 2004, in his trailer at Gene’s Flea Market in Paris.
An indictment alleges that the defendant beat or strangled
his victim during a burglary in which he also robbed him.
Young’s office announced on Feb. 23 that a plea bargain
had been worked out in that case, but assistant prosecutor Lloyd
Whelchel said later in the day: “It fell through. Just didn’t
happen — one of those things that happen sometimes.”
He declined to elaborate.
Miears said later, in an e-mail to The Paris News, the negotiations
collapsed because of Whelchel’s demand that, as a condition
for pleading guilty, Davis “sign an agreement authorizing
the police to destroy forensic evidence in the case, specifically
any DNA.”
“This was a highly unusual request by a prosecutor. I
have practiced criminal law across Texas, and I have never seen
it made a part of any plea bargain agreement in any form. I could
not, and will never, be a party to any intentional destruction
of evidence, especially in a capital murder case,” Miears
said.
Whelchel also asked Davis to agree never to file a writ of
habeas corpus, which Miears called “a convicted person’s
only chance to challenge whether he was provided a reasonably
competent trial lawyer, or to raise claims of illegal behavior
by a prosecutor.”
Miears said the district attorney had provided him with plea
documents weeks earlier for Davis to sign that contained “standard
language used in every plea agreement I have done in Lamar County.”
Miears said he advised Young that Davis would accept the plea
bargain “in order to avoid the potential of a possible death
penalty based upon the evidence” that police had collected.
“The new and unacceptable plea papers were thrust on
me and my client only hours before his plea hearing was set,”
Miears said.
As the prosecution and defense wrangled during a court session
at Lamar County Jail, Lovett interrupted and ordered the case
to proceed to trial as scheduled.
Chiropractor indicted by grand
jury
By Charles Richards
The Paris
News
Published March 25, 2005
A Paris chiropractor has been indicted for the second time
in two years for indecency with a child.
Dr. Jerry Lee Pedersen was arrested March 18, 2003, accused
of fondling a 16-year-old girl. Five months later, state District
Judge Scott McDowell accepted a plea bargain in which Pedersen
pleaded guilty in exchange for a sentence of seven years deferred
adjudication.
Thursday, a Lamar County grand jury indicted Pedersen, 54,
on three counts of indecency with a child, the younger sister
of the other girl.
Under deferred adjudication, a defendant pleads no contest
or guilty and the sentence is deferred — and ultimately
dismissed if he complies with probation conditions for the length
of the sentence. Because of the newest charge, if convicted,
Pedersen faces whatever sentence that involves, plus the seven
years assessed in 2003.
The time frame of the newest alleged offense is uncertain.
When authorities questioned a high school freshman last year
about why she was so rebellious, among the reasons she gave was
being fondled repeatedly by Pedersen over a period of time, reportedly
sometime in 2003. Whether it occurred during the same period
as the earlier offense is unclear.
The girl, who now is said to be living by court order at a
girls’ home in Oklahoma, is also listed as one of two victims
in another “indecency with a child incident” that purportedly
occurred last July 3 at the home of a girl with whom she was
spending the night.
The mother of that other girl was out of town and had asked
Shelby Ramsey Thrasher to watch over them, authorities said.
Thrasher, 31, of Paris, is accused in an indictment of one count
of sexual assault of a child and three counts of indecency with
a child. He is accused of indecency with both girls and of committing
a sexual act against the other girl.
Investigators were told that Thrasher engaged with the girls
in drinking games called “Quarters” and “Master
and Slave.”
Here is the complete list of 45 individuals indicted on Thursday:
•Kamran Abbaszadeh, theft by check, over $1,500, under
$20,000.
•Ladarrel Demond Alexander, possession with intent to
deliver cocaine, over 4 grams, under 200 grams.
•Heather Renee Ammons, theft of property with two prior
theft convictions.
•Robert Charles Bonner, theft of property over $1,500.
•Beverly Bowling, unauthorized absence from a community
correctional facility.
•Gerald Russell Bridgers, failure to register or maintain
registration as a sexual offender.
•Isaac Newton Burchinal Jr., theft of property over $1,500.
•Marcia Clodfelter, tampering with government records.
•Michael Shane Crites, evading arrest or detention with
a vehicle.
•Brenda Kay Davis, forgery, repeat offender.
•Benjamin Decker, hindering secured creditors (two counts).
•Leann Decker, hindering secured creditors (two counts).
•Donna Ingram Dixon, forgery (two counts).
•Clayton Edward Dooley, theft of property over $750;
burglary of a habitation.
•James Decobert Doty, theft of property over $1,500.
•Suyi Queena Embery, forgery.
•Tara Janay Gross, possession of a controlled substance
by fraud, Schedule III/IV.
•Sheri Lynn Helm, credit card abuse (three counts).
•Cynthia Hornbuckle, forgery of a financial instrument
(three counts).
•Justin Travis Jones, unlawful possession of a firearm
by a felon.
•Geneeta Lane, theft, more than $1,500, less than $20,000.
•Lamensia Shonta Lane, credit card abuse.
•Ronnie Lee Langley, endangering a child.
•Bennie Joe Landers, theft under $1,500 with two prior
convictions.
•Mike Lenoir, hindering secured creditors.
•Michael O’neal Loggins, possession of cocaine,
less than 1 gram.
•Keith Joseph Mann, possession of cocaine, less than
1 gram.
•Debra Collard Martinez, manufacture or delivery of a
controlled substance, penalty group 1A, more than 80 AU, less
than 4,000 AU, analogue; possession of methamphetamine, more
than 1 gram, less than 4 grams.
•Rennie Scott Martinez, manufacture or delivery of a
controlled substance, penalty group 1A, more than 80 AU, less
than 4,000 AU, repeat offender; possession of methamphetamine,
more than 1 gram, less than 4 grams, repeat offender.
•Lesha Mitchell, aggravated assault with a deadly weapon
(three counts).
•Joshua Wiley-Levi Mitchell, assault with two prior convictions.
•Wanda Moore, theft from person.
•Cedric Norris, theft of property over $1,500, repeat
offender.
•Jerry Lee Pedersen, indecency with a child (three counts).
•James Edward Perkins, tampering with evidence.
•Markam Kolten Perkins, forgery.
•Vernon Lee Pitts Jr., deadly conduct; unlawful possession
of firearm by felon.
•Stephanie Dawn Shaw, debit card abuse; forgery.
•Matthew Sikes, burglary of a habitation.
•Daniel Richard Simpson, failure to register as a sex
offender (two counts).
•Myah Domenica Smith, possession of cocaine, less than
1 gram, drug-free zone.
•Jeanne Marie Thompson, possession of methamphetamine,
less than 1 gram.
•Shelby Thrasher, sexual assault of a child; indecency
with a child (three counts).
•Sammy David Worthy Jr., aggravated assault.
•Scott William Young, burglary of habitation, repeat
offender; failure to register as a sex offender.
Four officers injured in jail
attack involving murder defendants
By Charles Richards
The Paris
News
Published March 27, 2005
Capital murder defendant Christopher Cobb lunged at four jailers
with a sharpened-down toothbrush Friday night, yelling at Sgt.
Sherry Haltom, “I’ll kill you, b----,” Lamar County
Sheriff B.J. McCoy said.
“She received a wound — I believe on the top of
her head — a glancing scrape. She strained or sprained her
neck. A doctor treated her and sent her home,” McCoy said
of Haltom.
Cobb, 22, who is charged in the stabbing and shooting deaths
of his great-grandparents last Aug. 29, was overcome after some
resistance, the sheriff said, but all four jailers were sent
to the Paris Regional Medical Center emergency room for treatment
of injuries.
The jail quickly turned noisy and unruly as other prisoners,
including other capital murder defendants Michael Davis, 38,
and Darrell James Larson, 21, got loud and boisterous, McCoy
said Saturday morning. At least two other inmates clogged up
their toilets and flooded their cells, he said.
The incident occurred during a shift change about 7 p.m. Friday,
after a jailer making the rounds looked through the small window
into Cobb's cell and saw him with a sharp instrument, the sheriff
said.
“When he was asked to turn it over, he refused. Four
jailers went down there to retrieve the object, and when they
opened the door, he charged them,” McCoy said.
Cobb went for Haltom, who was in the middle of the group,
the sheriff said, “and tried to stab her with the instrument,
which turned out to be a sharpened-down toothbrush.”
Cobb apparently had used the concrete floor or walls to grind
down his toothbrush, McCoy said.
Doctors treated Cpl. Jerry Harrell for a strained shoulder,
jailer Chad Foster for an injured wrist, and jailer Robert Waldrum
for minor head injuries, the sheriff said.
All but Waldrum, who returned to the jail, were sent home.
Three off-duty officers were called in to take their places.
Cobb was not injured, McCoy said. The inmate was moved to
a padded, rubber cell while his cell was searched.
“We retrieved the item along with all his other property.
He’s back in his cell now, but he no longer has the extra
items in his cell that prisoners normally are afforded. All he
has now are a blanket and a mattress,” McCoy said.
The sheriff said he will ask that four counts of assault on
a public servant, a third-degree felony, be added against Cobb,
who is accused of killing Charley Smith, 89, and Ruth Smith,
88, for money to buy drugs.
All inmates are issued a hygiene package that includes a plastic
toothbrush.
“I'll be changing that policy,” McCoy said. “Starting
Monday, they'll have finger brushes they put on their finger.
This will become the standard-issue hygiene for inmates in A-block,
where we keep our most dangerous inmates — murderers, prisoners
who won't cooperate, the ones who want to fight.”
A-block contains eight cells, each about 8-foot by 10-foot
with solid metal walls. They are basically solitary confinement
cells. An inmate in A-block can see out only through a small
window in the door and is kept in his cell 23 hours a day. They
get an hour in the recreational area outside, but are in leg
irons and handcuffs even then. At no time are they with other
inmates.
Eight cells also are in B-block, where the next level of inmates
are housed. Those also are single cells, about the same size,
with the standard bars rather than solid walls. Prisoners are
separated into different cells, but can see and communicate with
other prisoners.
There are no cameras to monitor inmates in either A-block
or B-block. The A-block cells have showers. Inmates in B-block
are taken to a common area for showers.
The sheriff said he will request administrative hearings seeking
denial of privileges for Davis, Larson and other inmates who
got unruly during Friday night's incident. There is no television
for inmates in A-block and B-block, but they could lose visitation,
commissary and other privileges.
Frank Dozier, who is being held on aggravated assault charges,
was moved from B-block to A-block after he flooded his cell during
the incident, McCoy said.
Davis is accused in the slaying of Marvin Davis, 79, no relation,
whose body was found on Jan. 2, 2004, in his trailer at Gene's
Flea Market. An indictment alleges the victim was strangled or
fatally beaten during a burglary or robbery.
Larson is accused in the death of Roy Lee Williams, 59, whose
body was discovered on April 2, 2004, in an alley behind Grand
Cleaners in the 200 block of West Grand Street. Williams died
from stab wounds to the neck and chest.
Legal fees for Cobb, Davis exceed
$34,000
By Charles Richards
The Paris
News
Published March 28, 2005
To date, the cost to Lamar County for the legal defense of
capital murder defendants Christopher Cobb and Michael Dewayne
Davis is more than $34,000, according to records at the district
clerk’s office.
Attorney Steven Miears of Sherman was appointed to represent
both men, who declared they are indigent and cannot afford lawyers.
Cobb, 22, is accused in the Aug. 29, 2004, deaths of his great-grandparents,
Charley Smith, 89, and Ruth Smith, 88, whose bodies were found
in their residence north of Elk Hollow Golf Club the next morning.
He’s accused of killing them for money to buy drugs.
Davis, 38, is accused in the slaying of Marvin Davis, 79,
no relation, whose body was found Jan. 8, 2004, in his trailer
at Gene’s Flea Market on the Northeast Loop. He’s accused
of strangling or fatally beating him during a burglary or robbery.
Miears is the lead attorney in both cases. Because the death
penalty may be sought, Miears was allowed to add another attorney,
Jack Herrington of Paris.
State District Judge Jim Lovett, in whose court both murder
cases reside, has approved:
In the case of Christopher Cobb: 14 hours for Miears at $125
an hour, or $1,750; 17.5 hours for Herrington at $100 an hour,
or $1,750; 38.5 hours for Herrington’s staff at $35 an hour,
or $1,347.50; Herrington’s office expenses of $989.97; 20.75
hours for an investigator, William “Bill” Brown of
Nortex Investigative Services of Paris, at $50 an hour, or $1,037.50;
3.5 hours for investigator James L. “Jim” Chadwick
of Paris, at $35 an hour, or $122.50; and $64.14, $204.49 and
$492.20 for medical records. That’s $5,837.47 for attorneys,
$1,160 for investigators, and $760.83 for medical records, for
a total of $7,758.30.
In the case of Michael Dewayne Davis: $3,213.19 and $5,593.75
for Miears; $7,343.75 for another attorney, “Richardson”;
$77.22 for Richardson’s expenses; $3,777.94 and $1,305.50
for Herrington; $1,003.94, $1,162.50, $900.49 and $1,000 for
investigators; and $898.27 for an “expert.” That’s
$21,311.35 for attorneys, $4,066.93 for investigators, and $898.27
for an expert, for a total of $26,276.55.
So far, the total for the legal defense of Cobb and Davis
is $34,034.85.
Jury acquits Kellum on assault
charge
By Charles Richards
The Paris
News
Published March 30, 2005
A jury in 62nd State District Court concluded Tuesday that
although Tramaine Kellum, 19, held a gun throughout a tense confrontation
with Paris police officers the night of Sept. 10, 2004, he never
pointed the gun at officers.
So, as defense attorney Will Biard said they must, jurors
convicted Kellum only of disorderly conduct, a Class B misdemeanor
that carries a punishment of six months in jail.
District Attorney Gary Young and assistant Lloyd Whelchel
had urged the jury to find Kellum guilty of aggravated assault
with a deadly weapon against a public servant, a felony that
could have sent him to prison for 15 years.
“We’re disappointed in this verdict, obviously,
but he belongs in prison, and we’ll do our best to put him
there,” Young said.
“He’s been indicted on another charge of aggravated
assault with a deadly weapon that we can go to trial on. He’s
also got two drug charges. We can indict him on evading police
officers. We’re going to do all we can to put him in prison
because he’s a violent person and deserves to be locked
up forever.”
Jury selection began Monday in the case. The prosecution rested
Tuesday morning, and the defense rested after Kellum, who grew
up in Clarksville, took the stand in his own defense Tuesday
afternoon.
Kellum testified that he went to One Oak Apartments in the
600 block of West Graham Street about 1 p.m. on the afternoon
of the day in question. He said he bought four $20 rocks of crack
cocaine and smoked one of them about 2 p.m. and another one about
9 p.m. He was high for about an hour after each, he said.
The main reason he went to the apartment complex was so his
girlfriend could braid his hair, he said. Kellum testified that
he had with him a gun he had bought for $20, but he denied he
bought the gun with the intention of shooting it. He said he
hoped to sell it for $100.
He had the gun in one hand and was outside an apartment when
someone called 911 to report a man with a gun. Officers Jared
Davis and Mat Birch responded to the complex, which is only about
three blocks from police headquarters.
A friend standing beside him began running away when police
cars pulled up, Kellum said. He began walking away, he said,
then began running when he heard police yelling at him to stop.
He had a gun and he had a couple of rocks of crack cocaine
in his pocket and didn’t want to get arrested for fear he
would be sent back to prison, he said.
According to police records, Kellum spent from May 2000 to
July 2003 in a Texas Youth Commission facility. His behavior
kept him locked up for 38 months when most youths in his situation
would have been released after 12 months, officials said.
So, Kellum said, he ran and jumped into a car he had rented
for $15, he said, but he testified that never, at any time, did
he point the gun at anyone.
Officer Brent Brown joined Davis and Birch at the scene, and
all three were yelling for him to drop his gun and go to the
ground. Davis was in front of the car, with Brown and Birch in
the back, and all three had their weapons drawn, ordering Kellum
to drop his gun and give himself up.
Kellum started the engine, and Davis testified he ran around
to the front passenger window, looked in and saw what appeared
to be a gun barrel pointed at him. He fired twice, hitting Kellum
in the right leg twice.
Kellum pulled away in the car, as Davis shot out both tires
on the right side, and Brown shot out the rear tire on the left
side. About that time, officer Sam Owens arrived in his patrol
car and pulled in behind Kellum, who turned off Sixth Street
onto Graham Street and headed
west. Seconds later, the car Kellum was driving collided with
a pickup truck at Graham and Seventh Street, and Kellum was taken
into custody.
The key question was whether Kellum was pointing the gun at
officers. Kellum said he had dropped the gun into the floorboard
by the time Davis came to the window. Biard said when Davis thought
he saw a gun barrel, what he probably saw was a seat belt.
When the jury returned a conviction on a misdemeanor, rather
than a felony, the result was a quicker end to the trial. The
jury would have been summoned back today for the punishment phase,
and the prosecution planned to show years of confrontational
and violent behavior by Kellum.
But once the conviction was on a misdemeanor, punishment was
a moot question since Kellum had already been in jail longer
than the maximum six months’ sentence.
The defense elected to have state District Judge Jim Lovett
decide on punishment, and the judge immediately dismissed the
jury and sentenced Kellum to time served. Young immediately served
notice that his office would pursue other charges pending against
the defendant, so Kellum will remain in custody.
The jury began deliberating about 2 p.m. Tuesday and signaled
shortly before 4:30 p.m. that it had a verdict.
“We deliberated a long time, and I thought our jury did
a really good job of coming to a verdict that was by the law
— the way the law was stated,” said the jury foreman,
one of two women on the panel. She asked not to be identified
by name.
She said the prosecution didn’t prove Kellum pointed
the gun at officers.
“That was the determining thing,” she said.
No drugs involved in December
fatality crash
By Charles Richards
The Paris
News
Published March 31, 2005
Laboratory tests on a blood sample from the teenage driver
of a pickup truck involved in a fatal Dec. 22, 2004, accident
revealed no drugs, District Attorney Gary Young said Wednesday.
Young had received a heads-up last week from a Department
of Public Safety laboratory that the analysis was complete and
had been sent to Paris. It arrived on Wednesday.
Marie “Tudy Girl” McDonald, 54 — a well-known
personage in the black community — and her grandson, Kevontre
“KeKe” McDonald, 3, were killed three days before Christmas
when a car driven by Cody Posey, a week before his 18th birthday,
plowed into their vehicle from behind, crushing it.
More than a month ago, the DPS reported that neither Posey
nor Kevin McDonald, 26, driver of the other car, had alcohol
in his system. Neither was seriously injured. It was McDonald’s
mother and son who died in the accident.
Both vehicles were westbound, and the McDonald vehicle was
stopped in the roadway, waiting for oncoming traffic to clear
so it could turn left onto Northeast 36th Street. Snow had been
falling on the city for a short time at the time of the accident.
“We will present this information and the accident report
to the grand jury in April now that we have all the evidence
in our hands,” Young said.
The district attorney had indicated previously that because
there were fatalities, the case would be taken to the grand jury
regardless of the outcome of the blood tests.
March 31, 2005
For Immediate Release
Child Abuse Prevention Month includes Light of Hope ceremony
April is child abuse prevention month and a special ceremony
is planned for Monday, April 11, beginning 5:30 p.m. at Calvary
United Methodist Church.
The annual Light of Hope candlelight ceremony is a solemn
remembrance of child victims and honors those who work for children
and victim rights, according to CASA for Kids of the Red River
Valley executive director Sharon Eubanks.
Children will sing and demonstrate sign language, along with
special music and a candlelighting processional. Four will be
honored at the event: Sheila Lowry, district judge Scott McDowell,
Jerry Bawcum, and an unnamed child victim survivor who is now
an adult. A reception will follow sponsored by Family Haven.
CASA is a sponsor of the event along with Family Haven, Child
Advocacy Center of Paris, and the victim coordinator's office
of the Lamar County and District Attorney. All agencies work
with children and victims of crimes such as abuse and neglect.
April 9-16 is designated national crime victims week. A concert
will be held Saturday, April 16 from 2-6 p.m. on the downtown
Paris square featuring local bands. Area churches are involved
in Blue Sunday April 17 where blue ribbons are worn in remembrance
of child victims of abuse. Paris Public Library will feature
a daily storytime 4-5 p.m. during "Week of the Young Child"
April 17-23.
Sanders convicted of harassment
By Charles Richards
The Paris
News
Published April 01, 2005
A jury deliberated 15 minutes Thursday afternoon in finding
Micheal Tremal Sanders, 27, of Paris guilty of harassment by
a person in a correctional facility for dousing four jailers
with urine-soaked feces the day after Christmas.
State District Judge Jim Lovett instructed the six-man, six-woman
jury to return at 9 a.m. today to begin the punishment phase.
Sanders faces 2 to 20 years in prison.
He has been in jail since April 23, 2004, when he was arrested
and booked on charges of possession of a controlled substance,
assault on a public servant and evading arrest.
Testimony began about 10 a.m. Thursday in the case, for which
a jury was selected on Monday.
“We’re obviously pleased. Jailers have a very tough
job that goes under-appreciated, and to have to put up with someone
like Mr. Sanders ... It will definitely send a message to other
inmates that if you act up, you’re going to get prosecuted,”
District Attorney Gary Young said.
Sanders had ”acted up” in previous court appearances,
including profanity directed toward the judge, and before the
jury came in at the start of the trial, Lovett issued a warning:
“I want to give you a fair trial. The only way I can
do that is if you behave yourself. If you act up, I am going
to do whatever I have to do to maintain proper decorum in my
courtroom. Do you understand?”
A solemn Sanders, standing beside defense attorney Wes Tidwell
of Paris, said: “Yes, your honor.”
Lead prosecutor Lloyd Whelchel told the jury in his opening
comments, “This case will disgust you.”
Whelchel described a man who was upset and angry most of the
time. On Sunday morning, Dec. 26, guards awakened inmates in
the Lamar County Jail about 4:30 a.m., as usual, and began feeding
them breakfast.
About 6 a.m. in A-block, where the problematic inmates are
kept, Sanders started making a ruckus, testified Sgt. Sherry
Haltom, who was in charge of the jail from 7 p.m. to 7 a.m. She
and five other jailers were on duty, responsible for about 150
prisoners in jail at the time.
Sanders got upset, saying he had received no milk with his
breakfast, Haltom said. But a check with other officers showed
that not to be true, she said. Haltom told the inmate he had
already gotten milk, and would not get more.
“He got mad and started hitting the walls of his cell.
I warned him to stop that,” she said.
Soon, other inmates began making noise in their cells, and
things were turning rowdy, she said.
Officers who went to check found feces and urine dripping
out of Sanders’ cell and onto the walkway that separates
the eight cells of A-block from the eight cells of B-block.
Haltom said three jailers accompanied her as she headed toward
Sanders’ cell with a can of pepper spray. One jailer opened
the ”bean hole” through which food trays are inserted
— the only view into or out of an A-block cell — and
Haltom put into Sanders’ cell some pepper spray, which causes
an intense burning sensation and makes it hard to breathe.
This was the best alternative at the time, she said, because
there weren’t enough jailers around to strap Sanders into
a restraining chair or to move him to the jail’s “rubber
room.”
Sanders had nothing in his hand at first, but retreated and
came back to the window with one or two cups filled with urine
and feces, Haltom said.
He doused the jailers, splashing Haltom on the side of the
face and jailer Justin Foster flush in the face, Haltom said.
Another jailer, Peggy Jiminez, testified she was hit on the side
of the face, on her glasses, and down the back.
The jailers re-locked the bean hole and all four retreated
to jail offices, where they began cleaning up from the assault.
Foster went to the hospital, where a couple of hours later he
was tested for AIDS and for hepatitis, he said. Foster testified
that the lab tests came back a couple of weeks later and revealed
he had acute hepatitis B.
Tidwell said there was no intent by Sanders to splash the
jailers with urine and feces. The attorney said Sanders acted
spontaneously in defense to the pepper spray attack.
Whelchel and Young said the two cups of feces and urine weren’t
collected overnight, but over a period of several days, showing
a calculated plan on Sanders’ part to do what he did.
“The defendant had that stuff saved up for some reason,
and that reason was to do exactly what he is charged with,”
Whelchel said in his closing arguments. “What kind of message
do you want sent? You decide what kind of community you want
to live in. Do you want to condone his behavior? Find him guilty.”
April 1, 2005
For Immediate Release
Skateboard assault gets 5 years deferred, 7 days in county
jail
A 19-year-old Paris college student was sentenced Friday for
attacking another teen with a skateboard in a 2003 incident.
Ryan Keith Matthews pled guilty before Sixth District Judge
Jim Lovett who sentenced him to five years deferred adjudication,
800 hours of community service, and seven days in Lamar County
Jail. Matthews must begin his seven days in county jail at 8
a.m. on the first day after classes end this semester at Paris
Junior College, where he is a student.
The November 2003 incident at a youth-oriented battle of the
bands concert at Bywaters Park in Paris led to Matthews striking
David Andrew Whipkey, 18, in the head with a skateboard. Matthews
and other witnesses said Whipkey was in a verbal altercation
with Matthews' younger brother, prompting Matthews to defend
him.
Whipkey suffered major skull damage and was taken to Parkland
Hospital in Dallas where he remained for almost two weeks, undergoing
what his mother called "major brain surgery." His hopes
of joining the military, Whipkey testified Friday, have been
put on hold due to his medical status.
Matthews was eligible for probation and faced up to 20 years
in prison for the attack. However, the victim told Judge Lovett
while testifying that he did not think Matthews could survive
in prison and did not want him to be sent there. Both Whipkey
and Matthews testified under oath that they had spoken cordially
to each other on at least two occasions since the incident and
that Matthews had apologized.
Defense attorney Ben Massar produced character witnesses who
spoke for Matthews, including his grandmother and the mother
of Matthews' girlfriend. Whipkey told the judge that all his
medical bills had been covered by insurance, but that his lifelong
hope of going into the Marines once he graduated high school
had been perhaps nullified forever. The Marines, Whipkey said,
have placed him on medical suspension for five years from the
date of the incident before they will re-examine his enlistment.
Whipkey's mother, who also testified, was seen hugging Matthews
after the court proceeding was over. Matthews and Whipkey shook
hands in the courtroom at the conclusion.
First Assistant County Attorney Lloyd Whelchel said: "This
could've easily been a murder case had the victim been hit any
harder. But the judge, in his wisdom, was fair in his sentence."
April 5, 2005
For Immediate Release
Seminar on check thumbprints offered to area merchants
A seminar will be held for area business owners and managers
on the proper collection of thumbprints for check writers.
Participants have two dates to choose from: Wednesday, April
13 and Wednesday, April 20 in the first-floor county courtroom
in the Lamar County Courthouse. Time is 3 p.m. to 4 p.m.
Participants will learn how to effectively and properly obtain
a thumbprint from persons writing checks to their business. Each
person attending will receive an inkless thumbprint signature
pad free for use in their business.
Sgt. Jeff Springer of the Paris Police Department will conduct
the seminar in cooperation with Lamar County and District Attorney's
hot check division coordinator Shanna Reily.
"We see the negative effects of people writing hot checks
and forging checks on a daily basis. Businesses are hurt by this
even though we make every effort to collect restitution for them.
This seminar will hopefully help lessen the effects of bad check
writers," said Lamar County and District Attorney Gary Young.
For more information, contact Mrs. Reily at 903-737-2413.
Sanders gets three 15-year sentences
By Charles Richards
The Paris
News
Published April 03, 2005
A Lamar County Jail inmate, testifying in his own behalf against
the advice of his defense attorney, admitted that on the morning
after Christmas he splashed urine-soaked feces on four jailers
who came to his cell in an attempt to quiet him down.
Micheal Tremal Sanders, 27, took the stand during the punishment
phase of his trial on a charge of harassment by a person in a
correctional facility and begged for mercy from the jury. He
said he has four children, two of whom are in foster care.
Then the same jury that deliberated just 15 minutes on Thursday
to convict him, deliberated an hour and 15 minutes to sentence
him on Friday to 15 years on each of the three counts filed against
him. The sentences will be served concurrently, rather than consecutively.
But that time will start only after he gets whatever comes
from parole revocation (estimated at two years) on charges stemming
from April of last year that are pending with Red River County
prosecutor Val Varley.
“This is some of the most disgusting behavior I’ve
ever seen from a defendant. The jury’s verdict and sentence
certainly reflects that. It also sends a message that this will
not be tolerated in this community,” lead prosecutor Lloyd
Whelchel said.
Whelchel said harassment by a person in a correctional facility
is a relatively new law, passed in 2001 by the Texas Legislature
for this specific kind of circumstance.
“Jailers have a job I’m sure most people would not
want, and they put up with things no one should. They don’t
deserve this kind of treatment, and this law provides a measure
of protection for them,” Whelchel said.
The trial was in the court of 6th State District Court Judge
Jim Lovett, who opened the trial by warning Sanders to behave
himself. In pretrial and other court appearances, Sanders directed
profanity at the judge.
“I want to give you a fair trial. The only way I can
do that is if you behave yourself. If you act up, I am going
to do whatever I have to do to maintain proper decorum in my
courtroom. Do you understand?”
Sanders behaved throughout the trial, which began Thursday
morning. Jury selection was on Monday. Sanders’ defense
attorney was Wes Tidwell.
Testimony during the trial revealed that on Sunday, Dec. 26,
guards awakened inmates in the Lamar County Jail about 4:30 a.m.,
as usual, and began feeding them breakfast.
About 6 a.m. in A-block, where the problematic inmates are
kept, Sanders started making a ruckus, testified Sgt. Sherry
Haltom, who was in charge of the jail from 7 p.m. to 7 a.m. She
and five other jailers were on duty, looking over about 150 prisoners
in jail at the time.
Sanders got upset, saying he had received no milk with his
breakfast, Haltom said. But a check with other officers showed
that not to be true, she said. Haltom told the inmate he had
already gotten milk, and would not get more.
“He got mad and started hitting the walls of his cell.
I warned him to stop that,” she said.
Soon, other inmates began making noise in their cells, and
things were turning rowdy, she said.
Officers who went to check found feces and urine dripping
out of Sanders’ cell and onto the walkway that separates
the eight cells of A-block from the eight cells of B-block.
Haltom said three jailers accompanied her as she headed toward
Sanders’ cell with a can of pepper spray. One jailer opened
the “bean hole” through which food trays are inserted
— the only view into or out of an A-block cell — and
Haltom put into Sanders’ cell some pepper spray, which causes
an intense burning sensation and makes it hard to breathe.
Sanders ran to the window with one or two cups filled with
urine and feces. Haltom said Sanders doused the jailers, splashing
her on the side of the face and jailer Justin Foster flush in
the face. Another jailer, Peggy Jiminez, testified she was hit
on the side of the face, on her glasses, and down the back.
Youth sentenced for assault with
skateboard
By Charles Richards
The Paris
News
Published April 05, 2005
A Paris youth who used a skateboard to knock senseless another
boy who had quarreled with his brother has been sentenced to
five years’ deferred adjudication, seven days in jail and
20 weeks of community service.
State District Judge Jim Lovett sentenced Ryan Keith Matthews,
19, following a trial Friday in which Matthews pleaded guilty
to assault with a deadly weapon.
The attack occurred in November 2003 at a youth-oriented “battle
of the bands” concert at Bywaters Park in Paris. Matthews
and several witnesses testified that he came to the aid of his
younger brother.
David Andrew Whipkey, now 18, suffered major skull damage
and was taken to Parkland Hospital in Dallas, where he underwent
brain surgery. He was in the hospital about two weeks.
Both Matthews and Whipkey were 17 at the time of the incident.
Matthews faced up to 20 years for the attack, but was eligible
for probation. Under deferred adjudication, if he lives up to
the conditions of his probation for the next five years, no conviction
will go on his record.
Matthews must begin his seven days in county jail on the first
day after spring-semester classes end at Paris Junior College,
where he is a student.
“This could’ve easily been a murder case had the
victim been hit any harder. But the judge, in his wisdom, was
fair in his sentence,” prosecutor Lloyd Whelchel said.
Whipkey testified during the trial that he did not wish for
Matthews to go to prison. Both Whipkey and Matthews testified
they had spoken cordially to each other at least twice since
the incident and that Matthews had apologized.
Whipkey’s mother, who also testified, hugged Matthews
after court adjourned, and Matthews and Whipkey shook hands in
the courtroom at the conclusion.
Defense attorney Ben Massar produced character witnesses who
spoke for Matthews, including his grandmother and his girlfriend.
Whipkey said his lifelong hopes of going into the Marines
after graduation from high school were jeopardized, perhaps forever,
by the incident. The Marines have placed him on medical suspension
for five years from the date of the incident and will review
his enlistment application at that time, Whipkey said.
Judge nixes motion to suppress
evidence
By Charles Richards
The Paris
News
Published April 24, 2005
During a pre-trial hearing Friday, Sixth District Judge Jim
D. Lovett denied motions by Christopher Cobb’s defense attorney
aimed at keeping the prosecution from using statements his client
made in the presence of police investigating the deaths of Cobb’s
great-grandparents. Cobb’s statements were made on Aug.
30, the day his great-grandparents were found slain in their
Reno home.
Steven Miears of Bonham argued that police investigators arrested
Cobb on a felony theft warrant for taking and pawning rings and
other jewelry belonging to his parents. Their real motive, Miears
said, was to implicate him in the murders of Charley Smith, 89,
and Ruth Smith, 88, who were killed in their home at 3715 Smallwood
Road.
Further, Miears argued, the police pursued the theft warrant
on their own. Cobb’s parents never at any point told police
they wanted to prosecute their son for taking the jewelry, he
said.
Cobb, 22, was subsequently charged with capital murder, based
partly on his statements during questioning.
Sgt. Jeff Springer of the Paris Police Department and Texas
Ranger Roger Lough of Paris testified Friday about their questioning
of Cobb. Reno Police Chief Jess Wilson testified that the Smith
residence was first thought to be in Paris, then was confirmed
to be in the Reno city limits.
He said he asked Paris police to keep the lead in the investigation
because he has only four officers in his department, including
himself.
Introduced into evidence was a CD of comments Cobb made to
his mother over a recorded telephone line shortly after he was
booked at the Lamar County Jail on capital murder charges.
The judge also denied Miears’ motion to suppress physical
items seized during the day. Police said a bag containing marijuana
was found in his room, and a plastic bag containing cocaine was
found on his person. Several articles “that had blood stains”
were found in Cobb’s room in his parents’ house next
door to the Smith residence, according to a police report.
The pretrial hearing went late into the afternoon as Miears
also sought to disqualify Lamar County District Attorney Gary
Young from prosecuting the case because Young represented Cobb
in his divorce.
Miears put Young on the stand and questioned him at length
on what he knew about Cobb. Miears argued that it was a conflict
of interest for Young to “seek to kill” a former client,
using information he gained during his representation of him.
The district attorney’s office is seeking the death penalty.
Young said most of what he knew about Cobb came in discussions
with Cobb’s mother. Young was appointed on a later date
to represent Cobb on a criminal case, but did little work on
the case because Cobb’s mother didn’t want him on the
case, he told Miears.
Young said he had discussed the cases with state officials,
who told him there was no conflict of interest and no reason
not to handle the prosecution of the capital murder trial.
At one point, Miears had Cobb — in an orange Lamar County
Jail jumpsuit, his hands and feet cuffed — stand and confirm
that he desired for Young to hand over to Miears his case files
for the two times Young represented him. Young turned over the
divorce files, but said he would have to locate the other files,
if they exist.
The hearing was recessed after 6 p.m. Friday without a ruling
on Miears’ motion for Young to disqualify himself. Lovett
scheduled the hearing to reopen at 9 a.m. on Friday of next week,
to give Miears time to look through the files of both cases.
Attorneys discussed a trial date and said a time late next
fall is likely. Jury selection alone in a capital murder case
can take weeks because potential jurors are questioned individually.
Originally, a pretrial hearing was scheduled for Friday in
the capital murder case of Michael Davis, 38, who also is represented
by Miears. But the Cobb case took up all the time, and the Davis
pretrial arguments will be heard at a later date.
Davis is accused in the slaying of Marvin Davis, 79, no relation,
whose body was found on Jan. 8, 2004, in the elder man’s
trailer at Gene’s Flea Market in Paris. An indictment alleges
Davis strangled the man during a burglary in which he also robbed
him.
April 26, 2005
For Immediate Release
Drug runner's trial ends with life sentence
Randall Robert Liberto, who prosecutors called a "drug runner,"
was found guilty Tuesday by a jury and sentenced to life in prison
for transporting illegal drugs.
Liberto, 54, lists a Moore, Oklahoma address. He was arrested
July 7, 2004, by Paris Police Officer J.D. Simmons for driving
while intoxicated. During the course of his on-scene investigation,
Liberto told Officer Simmons that he was coming from El Paso
on his way to Oklahoma City. Paris Police Officer Brent Brown,
who was assisting Officer Simmons, discovered a large number
of pills under the passenger seat of the car.
Narcotics officer Shane Stone was called to the scene and
discovered an additional large amount of pills in the trunk.
Testimony during trial revealed Liberto was in possession of
1,500 Xanax pills, an anti-anxiety drug distributed and used
only under a doctor's prescription.
Officer Stone testified that a drug corridor across the southern
part of the United States ultimately winds through Oklahoma City
and that El Paso is a known location for illegal prescription
allocation. Stone also testified that Xanax is frequently abused
by methamphetamine users to "take the edge off." Stone
went on to testify the street value of the pills found in Liberto's
car was approximately $10,000.
"We were very fortunate to have excellent officers involved
who did an outstanding job getting this large amount of drugs
off our streets," said First Assistant County Attorney Lloyd
Whelchel. "The jury's verdict obviously reflects suitable
punishment for what appears to be a career criminal."
The maximum sentence on the second-degree felony charge was
20 years, but was enhanced by Liberto's prior felony convictions
raising his minimum possible sentence to 25 to life. Liberto's
criminal history includes a total of 17 felony convictions.
Liberto took the stand in his own defense during the punishment
phase of the trial and said he took three Xanax pills per day
and simply had 500 days' worth. "He asked for mercy, but
still refused to take responsibility for this offense. He blamed
it on his brother," said Lamar County Attorney Gary Young.
Liberto was represented by court-appointed defense attorney Steven
Miears of Bonham, whom Liberto openly rejected and maintained
a hostile relationship with. Sixth District Judge Jim Lovett
threatened to use duct tape to silence Liberto due to inappropriate
outbursts and a "poor attitude" as jury selection began
Monday.
Drug runner convicted on felony
charge
By Charles Richards
The Paris
News
Published April 28, 2005
What began last July 7 in Paris as a traffic stop came to
a crashing end Tuesday for Randall Robert Liberto, 54, who lists
as his address the Oklahoma City suburb of Moore, Okla.
Liberto was convicted of transporting illegal drugs, a second-degree
felony that carries a punishment of up to 20 years. But his criminal
history included 17 other felony convictions, enhancing his offense
to a first-degree felony, and the jury sentenced him to life
in prison.
Liberto was stopped by Paris police officer J.D. Simmons on
a charge of driving while intoxicated, but during a search of
Liberto’s vehicle, Simmons and officer Brent Brown discovered
a large number of pills under the passenger seat of the car.
Narcotics officer Shane Stone was called to the scene and
discovered an additional large number of pills in the trunk.
Testimony during the trial revealed that Liberto had in his
possession 1,500 Xanax pills — an anti-anxiety drug distributed
and used only under a doctor’s prescription.
Methamphetamine users frequently take Xanax to “take
the edge off,” Stone testified. The pills had a street value
of approximately $10,000, Stone testified.
Liberto took the stand in his own defense during the trial’s
punishment phase. He said he took three Xanax pills a day and
simply had 500 days worth.
Assistant prosecutor Lloyd Whelchel said the jury’s verdict
“obviously reflects suitable punishment for what appears
to be a career criminal.”
Prosecutors described Liberto as “a drug runner.”
“He asked for mercy, but still refused to take responsibility
for this offense. He blamed it on his brother,” District
Attorney Gary Young said.
Liberto was represented by court-appointed defense attorney
Steven Miears of Bonham, whom Liberto openly rejected and with
whom he maintained a hostile relationship. As jury selection
began Monday, 6th State District Judge Jim Lovett threatened
to use duct tape to silence Liberto because of “inappropriate”
outbursts and a “poor attitude.”
May 11, 2005
For Immediate Release
Jury gives maximum on DWI repeat offender
A Lamar County jury Tuesday gave a Blossom man the maximum
sentence for his second driving while intoxicated conviction:
one year in county jail and a $1,000 fine.
The jury found Brent Anthony Voorhies, 35, caused a one-car
accident on a farm road in April 2003 where he drifted into the
oncoming lane of traffic, back into the ditch on his own side
of the road and overcompensated twice, flipping his pickup over
and rolling three times.
Testimony revealed that two civilians stopped to help Voorhies,
who told them, "Don't call the police." The civilians
testified Voorhies became belligerent when they tried to help
and that he had a strong odor of alcohol about him. Texas Department
of Public Safety troopers and Blossom Volunteer Fire Department
first responders ultimately reached the scene and Voorhies was
taken to Paris Regional Medical Center, where he refused to give
a blood sample.
Voorhies was arrested in 1998 for DWI, but the charge was
reduced to public intoxication. Another DWI arrest in 1999 resulted
in probation, which was revoked and Voorhies spent four months
in county jail.
Voorhies testified in his own defense during the punishment
phase of the trial that he drinks a 6-pack of beer per week,
with his last drink taken on the Saturday before his trial began.
Voorhies said on the stand that the reason his previous probation
for DWI was revoked was because "it had become bothersome,
so I quit going." Voorhies asked the jury to give him probation
for this new charge.
"He already proved he was not willing to comply with
probation, so we asked the jury for the maximum jail time,"
Assistant District Attorney Marilee Hazel said. "We argued
this would be appropriate based on his history, and they jury
agreed."
Voorhies was represented by defense attorney George Preston
Jury gives maximum on DWI repeat
offender
By Charles Richards
The Paris
News
Published May 12, 2005
A 35-year-old Blossom man was unable to convince a Lamar County
jury that convicted him of driving while intoxicated that he
should get off with a probated sentence.
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