News and Press Releases : 2006

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2006 Press Releases

From The Paris News

Editorial: Whelchels will be sorely missed

Staff reports
The Paris News

Published December 29, 2006

Everyone involved in the criminal justice system in Lamar County except the criminals will miss the husband and wife prosecution team of Lloyd and Sherry Whelchel.

The duo recently left the district attorney’s office to return to their previous prosecution positions with Tarrant County.

“Lamar County has benefited greatly from them being here,” Lamar County and District Attorney Gary Young said. “… The docket management has been phenomenal.”

We couldn’t agree more. The Whelchels helped Young and his office whittle down an inherited backlog of about 950 cases to just more than 200 cases. The couple worked countless hours to get tough sentence for dangerous criminals and help make Lamar County a safer place to live and work.

Sherry Whelchel is to be replaced by former misdemeanor prosecutor Merilee Brown, who has done a great job so far for the office. We wish her luck in the future. We hope the lawyer Young hires to replace the outgoing first assistant district attorney has the same passion as his former set of prosecutors.

Lamar County losing top criminal prosecutors

By Josh Edwards
The Paris News

Published December 22, 2006

Today, Lamar County bids farewell to two of its top prosecutors.

After hours of hard work to reduce the Lamar County criminal docket by about 60 percent, husband and wife prosecutors Lloyd and Sherry Whelchel have made the decision to return to their positions at Tarrant County District Attorney's Office.

Today is the last day in Lamar County Attorney's Office for the Whelchels before they are each assigned to one of Tarrant County's nine district courts.

The couple, who met and married while attending Louisiana Tech, says it was a difficult decision to leave friends, family and colleagues to return to Fort Worth.

"We both have enjoyed it. It's been a neat experience to come back to Lamar County — having grown up here — and have the chance to prosecute cases and make a contribution back to the town where I came from," said Lloyd, whose mother is a Realtor and whose father owns an automotive repair shop in Reno.

Helping County and District Attorney Gary Young quickly reduce the caseload has been among the couple's major accomplishments, those who worked closely with the husband and wife team say.

“Lamar County has benefited greatly from them being here,” Young said. “… The docket management has been phenomenal.”

The district attorney's office inherited a backlog of cases from the previous prosecutors, but Lloyd and Sherry helped knock the docket down from about 950 to a little more than 200 cases.

“Lloyd and Sherry are real quality lawyers, very experienced. They have done a great job for the county. They've helped bring the docket down for Gary Young, and I'm going to miss working with them,” 62nd District Judge Scott McDowell said.

“Lamar County has been fortunate to have them as prosecutors,” 6th District Judge Jim Lovett said.

Young selected the couple because he was looking for a Lamar County native who wanted to return home.

“Someone gave me Lloyd's name, so I called his mother and got his number,” Young said.

The couple says they feel like they have helped build a closer relationship with Lamar County law enforcement.

“We feel like we’ve given meaning to the officer’s hard work,” Sherry said.

“The perception was that the prosecution prior to us was not as good as it could have been and should have been,” Lloyd said.

The Whelchels agree investigations in Lamar County seem to often be more in depth than in large cities, such as Fort Worth.

“We’ve been impressed with the investigators here. It seems like the investigations are a little more thorough,” Sherry said.

Both worked particularly close with Sgt. Shane Boatright of Paris Police Department and Sgt. Travis Rhodes of Lamar County Sheriff’s Department during sexual assault cases against children.

“I think I can speak for pretty much everyone at the police department that we hate to see them leave,” Boatright said. “… I would say we have an excellent working relationship. We appreciate the work that Gary and all his folks have done.”

Rhodes, who sheriff’s department officials say is out of the office until early January, was unavailable for comment.

Clearing so many cases in a short period time has provided a myriad of both exciting and difficult moments for both attorneys.

One of Sherry’s most rewarding moments with Lamar County Attorney’s Office was getting a 199-year sentence for James Rene Hayes, a previously convicted drug dealer. The defense asked for a 15-year sentence.

“He was already a convicted felon. He’d been down to the pen already for years,” Sherry said.

She said she also enjoyed working with renowned blood spatter expert Tom Bevel during the Darell James Larson case. Larson was convicted of the stabbing death of Roy Lee Williams.

“It’s amazing to work with someone of his caliber who can come down here and actually show to the jury that this victim had crawled while being stabbed. And then you can see the coups de gras on the wall where his throat was slit,” Sherry said.

Lloyd says some of his most rewarding moments in Lamar County have been getting guilty verdicts on child sex cases, especially Orian Lee Scott, who taped young boys showering.

“To be able to prosecute someone who was so prolific in what he was doing and finally get him convicted” really stands out, Lloyd said.

He was also pleased by the verdict of the retrial of a Paris doctor who was found guilty of molesting his daughter.

“We finally got him convicted when he should have been convicted the first time,” he said.

While these types of cases are rewarding, they can also be emotional draining because of the impact on families and family friends, both attorneys said.

“Some of the battles are quiet battles that you don’t necessarily see,” Sherry said.

The Cody Posey trial stands out to Lloyd as a difficult case. Posey was convicted of two counts of criminally negligent homicide after a fatal crash on Farm to Market Road 195.

“That was a hard case from the standpoint that a lot of people would consider that an accident even though there are two fatalities. I’ve been fortunate enough to try those before and not always get a positive result,” he said. “I’m very impressed with the jury weighing all the evidence and holding him responsible for what he did.”

Lloyd says he became a prosecutor for two reasons.

“It was something I always wanted to do. I remember being a kid and watching Perry Mason, and I wanted to be the guy who put the bad guys in jail, not the one to get them out,” he said. “And I had an uncle who was a lawyer, and I remember watching him.”

His wife says she had always thought about becoming a lawyer and decided on the profession while she was working at University of Houston to help send Lloyd through law school.

After graduating from law school, both interned at Tarrant County District Attorney’s Office before getting jobs there. Sherry also interned at several civil firms but decided prosecution was more fulfilling.

“I’ve enjoyed this work. I thought I was doing something of service to the community,” she said.

The couple also had the unique opportunity to try about 10 cases together. These were the first cases they had tried together and will probably be the last for a while because of the large court system in Tarrant County.

“I always knew my wife was a good lawyer, now I have proof,” Lloyd said.

If there is one thing both prosecutors want to emphasize before they leave, it is Lamar County has top-notch, prosecutors, judges, law enforcement officers and victim services personnel that are just as good, if not better in some ways, than those in Tarrant County.

“We were very pleased with the quality here,” Sherry said.

Man found guilty of indecency

By Josh Edwards
The Paris News

Published November 30, 2006

A 37-year-old Sumner man found guilty of indecency with a child by sexual contact must serve three concurrent 15-year sentences.

After more than two hours of deliberation, a jury of three men and nine women found Billy Wayne McDonald guilty of three counts of fondling a child during a three-year period.

The Paris News has chosen not to release the name or gender of the victim, who is a family member, in order to ensure the victim's privacy.

Rather than face up to 60 years in prison, McDonald accepted the state's offer of three concurrent 15-year sentences and waived his right to appeal. He is eligible for parole in seven-and-a-half years. If current parole trends continue, McDonald will serve at least 80 percent of his sentence before he is released.

Upon release, he must register as a sex offender.

A storm of emotions swept though the courtroom as 6th District Judge Jim Lovett announced the verdict. Joyful sobbing filled half the courtroom as family members close to the victim breathed a sigh of relief. The other half of the courtroom was flooded by tears of sorrow from those who believe McDonald was wrongfully convicted.

One family member close to McDonald wept so loudly Lovett ordered her removal. Her cries echoed though the halls of Lamar County Courthouse as she continued to cry huddled in the corner of the courtroom foyer while jurors left the building.

After the verdict, Country Attorney Office officials escorted the tearful, yet relieved victim to the front of the courtroom to address McDonald.

“I want to let you know that you can't hurt me anymore,” the victim told the convicted child molester.

A family member who maintains McDonald's innocence asked to give an impact statement, but Lovett denied her request, saying the family is in denial.

“The family is not the victim ... This man is a child predator. I suspect when he gets out, he will go back to the same thing,” Lovett told those close to McDonald.

The judge told family members who believe McDonald is innocent that they would “see the true power of the law” if they retaliated against the victim.

“I think justice has been done in this case,” Lovett said.

Prosecutors said they were pleased with the verdict and sentencing.

“I was very pleased to see that the jury agreed that he was guilty of the crime,” Assistant District Attorney Sherry Whelchel said.

Whelchel, who served as primary prosecutor, was assisted by her husband, Lloyd, who serves as first assistant district attorney.

Sexual assault cases are difficult because victims carry the emotional baggage of abuse for the rest of their lives, Sherry Whelchel said.

“We certainly hope this was justice for the victim and the victim's family,” Lloyd Whelchel added.

Defense attorney Barney Sawyer said the case was difficult and he was glad to see it finished.

As part of the sentencing agreement, prosecutors dropped pending charges of aggravated sexual assault of a child. The jury could not reach a verdict for the aggravated sexual assault charge during the trial, and Lovett declared a mistrial on that count.

During the trial, Sawyer asserted his client was innocent and the victim made up the allegations of sexual abuse.

Sawyer questioned several witnesses who claimed to be in the same room when the abuse occurred.

“If the defendant was going to mess with a kid, do you think he would do it with his daughter right there?” Sawyer asked the jury.

The defense attorney also pointed out inconsistencies in the abuse allegations and said the victim is one of “very few people whose memory gets better as time goes by.”

The Whelchels tried to convince jurors that defense witnesses were lying in order to protect McDonald. However, the defense said everyone in the case had an opportunity to lie.

“Everybody who testified in this case had a motive to lie. Some of them, the motive is obvious. Others we might not know,” Sawyer told the jury.

Lloyd Whelchel said the victim was living a nightmare and asked jurors to “help end that nightmare.”

“We can use politically correct terms like aggravated sexual assault of a child or indecency with a child, but it's rape,” he told jurors in closing arguments.

His wife agreed and said such detailed accounts of abuse left no room for reasonable doubt.

“There were too many details for this not to be true,” she said.

Despite a guilty verdict, Lovett allowed McDonald to spend lunch with his family. After sentencing, he was lead away by Sgt. Travis Rhodes of Lamar County Sheriff's Office. Rhodes, who testified Tuesday, also served as the primary law enforcement investigator in the case.

Lovett said child molestation cases are difficult but society demands the “horrible crime” be brought before a jury.

“The wheels of society have gotten to a point where we have gotten tired of it,” Lovett said.

Jury expected to get molestation case today

By Josh Edwards
The Paris News

Published November 29, 2006

The case of a 37-year-old Sumner man accused of molesting a family member was expected to go to the jury this morning after closing arguments.

Billy Wayne McDonald stands accused of molesting a family member more than 10 times during a period of several years. A Lamar County jury should decide his guilt or innocence today. Testimony wrapped up about 4:15 Tuesday afternoon.

The Paris News has chosen to name McDonald, because doing so does not identify the alleged victim.

During opening statements First Assistant District Attorney Lloyd Whelchel asked jurors to imagine they were in the alleged victim's position.

“(The victim) doesn't have to imagine that. That's the nightmare that was endured,” Whelchel said.

Whelchel's wife, Sherry, also served as prosecutor.

“You're going to hear evidence that she is not to be believed,” defense attorney Barney Sawyer countered in his opening statement.

Prosecutors allege McDonald fondled and sexually assaulted a family member during a period of three years. Sawyer says the alleged victim made up the claim but throughout the guilt/innocence portion of the trial he offered no explanation as to why the family member would make up allegations of sexual abuse. However, several defense witnesses testified the alleged victim often tells lies.

The accuser spent the majority of the day recounting multiple instances of fondling and sexual assault.

“The stuff Bill did to me would cause me to lie to stay away from him,” the alleged victim said. “... I was terrified, and I still am.”

The family member also said McDonald threatened to take revenge if abuse allegations ever became public.

“He told me I know what would happen if I told anybody,” the family member said during testimony.

The defense called several other family members who were present when the molestation is alleged to have taken place. McDonald's son and daughter both testified that they were present when instances of abuse are alleged to have occurred. Both say they never saw inappropriate activity.

McDonald's wife testified she and McDonald lived out of town for much of the time period in which abuse is alleged and he could not have come into contact with the accuser during several times in which the family member says abuse occurred.

The state attempted to prove that the witnesses were covering up for McDonald because they were close family members.

Toward the end of the guilt-innocent phase, Sawyer presented several witnesses who testified the alleged victim said “We should spend some time together and get messed up because you might never see me again.” The witnesses also said the accuser made some mention of jail.

Sawyer insisted the family member intended to commit perjury and face a jail sentence. The state said said the witnesses could not be sure what the alleged victim meant by those statements. Sherry Whelchel said the accuser may have been suicidal or intending to hurt McDonald.

Man gets 10 years for endangering child

By Josh Edwards
The Paris News

Published November 19, 2006

District Judge Scott McDowell on Thursday sentenced a 25-year-old Cumby man to 10 years in prison and ordered him to pay a $10,000 fine for endangering a child by smoking and transporting methamphetamine around a toddler.

The punishment came after the jury took only five minutes to convict Micha Stotts of using methamphetime around his girlfriend’s son. His girlfriend, Deanna Pridemore, pleaded guilty to the same charge in September 2005.

“A lot of people say ‘Drugs are a victimless crime,’ and “These people only hurt themselves.’ What we heard from the jury was that we can say that, but its not true. Other people are impacted, including children,” First Assistant District Attorney Lloyd Welchel said.

The child was transported to a Dallas hospital Oct. 26, 2004, with injuries consistent with shaking. Stotts was arrested two days later transporting more than 100 grams of meth from Choctaw County to Lamar County. Law enforcement officials testified that the meth was 90 percent pure.

He was arrested on warrants for endangering a child in May 2005.

Both shaking the child and endangering the child with meth carry the same sentence, so prosecutors decided to pursue the drug charge.

“It’s easier to prove that a drug dealer had drugs around a child,” Welchel said.

The child now lives with his biological father’s parents and his mother, who is on deferred adjudication probation, has visitation rights. The mother received six years deferred adjudication probation. If she completes her probation, her record will be cleared of the charge.

Man given five years for molestation

By Josh Edwards
The Paris News

Published November 21, 2006

After flirting with the idea of probation, 6th District Judge Jim Lovett sentenced a man to five years in prison Monday for two counts of molesting a family member.

Craig Kindle Zant, 53, of Paris was taken away in handcuffs by Travis Rhodes of Lamar County Sheriff's Department who also served as primary investigator in the case.

The Paris News has chosen to name Zant because doing so does not reveal the identity of the victim.

Zant admitted he molested a family member who was 12 at the time. He continued to abuse the victim for two years, prosecutors alleged. The victim, who is now 25, recently came forward with the allegation.

"This is a good example that even years later, if it comes out that you molested children, we will prosecute you," First Assistant District Attorney Lloyd Welchel said.

When Zant is released from prison, he will be required to register as a sex offender.

At one point Lovett told the defendant he would probably get probation if he admitted to the details of the crime, and the judge called a 15 minute recess. When Zant returned to the stand, he continued to say he "guessed" that he had committed the crime.

After testimony, Lovett sentenced the man to two sentences of five years each to run concurrently. Because the offense occurred before 1997, statutes did not allow the sentences to run consecutively.

Prior to 1997 the statute of limitations for child molestation cases was 10 years after the offense date. The case was filed nine years and 11 months after the offense date. The law now allows for victims pursue charges up to 10 years after their 18th birthday.

Motion for new trial denied

By Josh Edwards
The Paris News

Published November 21, 2006

A judge denied a motion for a new trial Monday for the woman who pleaded guilty to running over and killing Harley Dale Nelson of Paris.

Beth Suzanne Landers, 50, of Paris claims District and County Attorney Gary Young should not have prosecuted her because he had once represented her when he was in private practice.

He represented Landers in 2002 when she "was drunk and drove though a house" in Northeast Paris, Young said.

"I don't know why we're hearing this again. I already ruled on this issue during pretrial," 6th District Judge Jim Lovett said.

Landers, 50, of Paris pleaded guilty in October to intoxicated manslaughter and was sentenced to 99 years in prison.

Prosecutors say they were expecting an appeal from Landers, who is now represented by David Pearson of Fort Worth. She was previously represented by Ben Massar.

"This is part of the appeal procedure, and we knew this motion was coming. We're confident the court of appeals will see this the way Judge Lovett has, as a waste of time. But today's ruling should make it clear that you can't use this line of thinking to get a new trial," Young said. "This defendant has nothing but time on her hands, and I'm sure she'll try to come up with something else to appeal the case on."

Special prosecutor Dan Meehan of Red River County represented the state during the appeal hearing.

During the punishment phase of the plea, witnesses testified Landers had engaged in a drunken fight with a romantic acquaintance. She then drove her mother's car without permission and sped west on Clarksville Street at speeds as fast as 100 mph from the Morningside addition in Southeast Paris. Police estimate that she hit Nelson, who was leaving his favorite convenience store coffee shop, while traveling approximately 90 miles per hour.

Nelson was riding an antique Cushman scooter, which was carried more than 100 feet by the 1996 Chevy Lumina that Landers drove.

Sgt. Shane Boatwright of Paris Police Department said Nelson's body was found 224 feet from the point of impact and there was no evidence that Landers ever attempted to stop or slow down before she hit the man. Her car traveled nearly 570 feet before she stopped.

In June 2002, the car Landers was driving ended up in the kitchen of Freeman Safford, who was 80 years old at the time. Safford was in the kitchen moments before the car struck the house. She was not injured but was taken to a Paris hospital, where she was treated for shock.

Landers, then 45, was airlifted to Parkland Hospital in Dallas. A 39-year-old passenger was treated and released at a Paris hospital.

Arneson pleads guilty to embezzlement charges

By Josh Edwards
The Paris News

Published November 9, 2006

Former NETCADA executive director James Arneson pleaded guilty to embezzlement charges during a hearing today in 62nd District Court.

The 72-year-old received four years deferred adjudication probation and must pay $15,000 up front in restitution. Arneson is required to pay $5,000 today and the other $10,000 by Dec. 8.

Also as part of the plea, Arneson agreed to not contest any lawsuits that may be filed by Western Surety, the insurance company that bonded NETCADA and paid off about $30,000 of their loss.

“The $15,000 is for all the expenses and costs (NETCADA) was out figuring out what he had done — to get their books straight,” County and District Attorney Gary Young said.

If he completes a probation program, which also requires him to enter gambling counseling, he will not be found guilty, and his criminal record from this case is sealed.

He faced a prison term of two to 10 years, plus a fine of up to $10,000, but this sentence is in line with others who have stolen from their employers, Young said.

“The reason for the deferred was it gave him the incentive to come up with the $15,000,” Young said.

Arneson and his lawyer Wes Tidwell declined comment today, but Arneson's son released a written statement.

“Our family completely stands by my father, as we always have, and we always will. At this time, the plea agreement was the best option available to our family,” Erik Arneson wrote. “Unfortunately, accepting the agreement means that we won't be able to clear my father's name in court. But nothing has shaken our belief in him and nothing ever will.”

NETCADA board member Linda Reynolds said the embezzlement was not a victimless crime. Many NETCADA employees were laid off and others lost their retirement and insurance benefits because of the financial situation.

Lorinda Icenegle said her hours were reduced to part-time status, so she lost insurance coverage shortly before being diagnosed with inflammatory breast cancer.

Prosecutors say, on 50 or more different occasions between Jan. 6, 2003, and May 4, 2005, James Arneson wrote fraudulent checks to himself from the agency. He signed his name and forged the signature of a second NETCADA official, they say.

The NETCADA board didn't learn about the embezzlement until Internal Revenue Service agents contacted County Judge Chuck Superville to report the organization wasn't paying payroll taxes.

In addition to the problems with the IRS, resulting in a demand for $175,000 in taxes owed and penalties, NETCADA appears to be missing “probably between $30,000 and $40,000,” said police Sgt. James Mazy, who was in charge of the investigation into Arneson’s activities.

The day of his arrest, Arneson was taken before Justice of the Peace Ernie Sparks. A bond of $200,000 initially was requested because a “For Sale” sign was in Arneson’s yard and it was thought he might be a flight risk, Mazy said. It later was decided to set bond at $5,000 instead.

Arneson was hired as chief financial officer of NETCADA in 1998 and was named executive director in late 2002. He quit 11 days ahead of his scheduled retirement. Arneson was arrested and taken away in handcuffs five days later after police said between $30,000 and $40,000 appeared to be missing.

Father found guilty of molestation

By Josh Edwards
The Paris News

Published October 27, 2006

A Paris doctor, who is a registered sex offender, was convicted Thursday of molesting his youngest daughter.

The punishment phase of the trial continued today at 9 a.m.

The jury of eight men and four women took only 10 minutes to convict the 56-year-old of inappropriately touching his youngest daughter during a period of several years. The Paris News has chosen not to name the man to ensure the privacy of the victim.

“Obviously, they thought he was guilty. That came out when they returned the verdict after 10 minutes,” District and County Attorney Gary Young said. “We hope to put him in prison for a long time.”

First Assistant District Attorney Lloyd Whelchel assisted Young in the case.

“We’ll have to wait and see what the jury does before we have any other comment on the outcome,” defense attorney James Rodgers of The Moore Law Firm said.

Attorney Judy Hodgkiss assisted Rodgers.

During the trial, prosecutors alleged the man fondled his youngest daughter on a number of occasions and also climbed in bed with her and rubbed his genitals against her. The defense alleged the victim made up the story and told it to a close family friend because she was facing time in youth facility after police detained her for an arson charge. Rodgers and Hodgkiss also said the girl’s father was an easy target because of a previous charge for molesting his oldest daughter. The man received deferred adjudication for those molestation charges and is required to register as a sex offender.

“The friend comes and magically the story changes. She saw it and how to do it. And she saw an easy target,” Rodgers said during closing arguments of testimony that revealed the girl had initially denied any molestation charges against her father.

Whelchel countered during his portion of the closing arguments, saying the girl finally had the courage to admit her story but never changed it once she admitted it.

“It means you were afraid, and it means you didn’t have the courage to do what’s right,” Whelchel said of reasons why the girl would first deny that her father molested her.

Testimony from both the victim and her older sister highlighted the prosecution case. On the stand, the youngest daughter described the alleged molestation and how it took place during a period of several years. She admitted that she initially denied being molested when investigators were looking into allegations that her father molested her older sister.

“I was scared. I didn’t want to say anything in front of him,” the younger sister said.

Rodgers tried to point out inconsistency in the statement by saying that the girl’s father was not around during questioning by law enforcement or trained employees of Children’s Advocacy Center of Paris.

While the young victim was on the stand, Rodgers also questioned her about her motives for the delayed outcry to a family friend. The outcry happened the day before the girl was scheduled to appear in juvenile court on arson charges. The defense claimed the girl made up the story to receive a lighter sentence. Sixth District Judge Jim Lovett ruled that these allegations by the defense opened the door for prosecutors to bring up past allegations of sexual abuse by the father.

Rodgers filed a running objection to all testimony regarding previous sexual abuse, but Lovett overruled.

The oldest daughter described in detail how her father molested her and what sort of consequences faced the family. Young and Welchel asserted that because of the family fallout, the younger daughter was scared to come forward with her abuse allegations.

“I didn’t want any of this to happen to my sister. I had dealt with it so long it became normal, and I didn’t want her to go though that,” the older sister said.

During cross-examination, the older sister revealed that her younger sibling denied abuse during initial investigation.

The defense called a sole witness who supervised the man’s visitations with his younger daughter and son after he admitted to abusing his oldest daughter.

“They seemed like they had a good time. They were always happy when they were there,” the woman said of the family visitations.

Young asserted that the young victim was confused because she loved her father even though he had abused her.

Doctor gets 20 years for molesting daughter

By Josh Edwards
The Paris News

Published October 29, 2006

A Paris doctor and registered sex offender received the maximum sentence Friday for molesting his youngest daughter.

It took the jury less than 20 minutes to sentence the 56-year-old to 20 years in prison and a $10,000 fine for each of the two counts of indecency with a child by fondling.

The Paris News is not identifying the doctor to help ensure the privacy of the minor victim.

County and District Attorney Gary Young asked 6th District Judge Jim Lovett to stack the sentences, but the judge chose to let them run consecutively. So, the doctor will be eligible for parole in 10 years.

“(The doctor) has had enough time doing what he’s done. Now he will get his just rewards,” Lovett said after trial.

The doctor was immediately handcuffed and taken to Lamar County Jail by a Precinct 5 constable.

This is the second time the doctor has stood trial for the two charges. A trial earlier this year ended with a hung jury. Several years ago, he received deferred adjudication for molesting his oldest daughter.

Defense attorney James Rodgers during his closing arguments of the punishment phase asserted that the doctor was well served by probation. Rodgers argued the doctor showed that he can meet the strict treatment and therapy requirements of sex offender probation.

During closing arguments of the punishment phase, both Young and First Assistant District Attorney Lloyd Welchel asked the jury if they wanted sex offenders living in their neighborhood on probation. Young also pointed out how many gathering places for youth are close to the man’s home.

During the punishment phase, prosecutors presented two patients who both claim they were fondled by the doctor during office visits. One woman testified that three years ago, the doctor fondled and groped her breasts while treating her. The other woman testified that 23 years ago the doctor fondled her breast.

The defense presented Lamar County Probation Director Larry Jordan who said the doctor had followed the strict rules of his probation.

The punishment phase of the trial wrapped up about 10:15 a.m. Friday morning.

After the jury was dismissed, two victims made impact statements to the doctor.

“You were supposed to be a Christian, and I trusted you as a doctor, and you violated that trust. I hope that while you’re in prison you don’t have to suffer the same humiliation and shame,” one woman said.

The woman was a patient of the doctor in 2003 and said she finally came forward because she read in the newspaper about what he’d done and that “he portrays himself as a Christian, and he’s a doctor, and something’s got be done about what he did to me.”

“I’ve forgiven you. We all have, because we had to. But you’ve never shown any remorse. I hope in prison you come to some kind of closeness to God,” another victim said.

The trial revolved around statements the victim made about being abused. During an investigation into the older sister’s abuse allegations, the younger sister denied any inappropriate behavior by her father. She later came forward to a family friend about the abuse.

Prosecutors said the girl chose to wait because she saw the impact her older sibling’s allegations had on the family. The defense alleged the girl made up the abuse allegations to help her get a reduced sentence in a pending juvenile arson case. Rodgers also claimed that the doctor was an easy target because he was previously charged with indecency with a child.

Jury finds stepfather not guilty

By Josh Edwards
The Paris News

Published October 26, 2006

Tears of joy fell in the 6th District Courtroom of Lamar County Courthouse harder and faster than the raindrops outside as family members and friends celebrated the acquittal of a 40-year-old man accused of molesting his stepdaughter whom he had also adopted.

"God does grant miracles," the man said while surrounded by friends and family members who supported him throughout the trial.

The Paris News has chosen not to identify the man in order to ensure the privacy of the minor who made the abuse allegations.

"This is the most justice I've seen done in Lamar County in a long time," defense attorney Judy Hodgkiss of Moore Law Firm said after a long, tearful embrace with her client.

The man was accused of inappropriately touching his adopted stepdaughter a number of times while she was between the ages of 10 and 14. She revealed the allegation when she was 15, and the defense alleged that she made up the abuse in order to gain more freedom than she was given at home. The defense also alleged the girl must be lying because of inconsistencies in her statements to friends and family members.

"I believe Judy did a fantastic job pointing out the inconsistencies in the statement and I believe the jury saw this for what it was and did the right thing," assistant defense attorney James Rodgers said.

County and District Attorney Gary Young said he was "disappointed in the jury's verdict." The state presented Travis Rhodes of Lamar County Sheriff's Department and Danny Huff of Paris Police department who both testified that it was common for children to change their statements to friends and family members.

"We believe the child was fondled by her father. We will continue to prosecute cases similar to these when the victim looks us in the eye and tells us she was abused," Young said. "We're disappointed that certain family friends felt the need to confront her repeatedly about the incident. We know from past experience that it is the completely wrong thing to do."

Child sex cases are always difficult to try but they are the "type of case that society has mandated must be tried even though people don't want it tried," 6th District Judge Jim Lovett said after the trial.

"The families don't want it tried. Family members get hurt as result of it. I am very proud of our prosecutors for taking it on and doing what they've got to do even though they understand it may be a weak case and they may lose it and not allowing the possibility of loss to stop them from tying these cases," Lovett said. "Reasonable doubt it always the ultimate arbitrator in the case and that's what happened here."

A jury of 10 women and two men took just more than two hours to find the defendant not guilty after two days of very emotional testimony.

The girl, her mother and the man all testified that during a family meeting the man asked the girl if she had been molested.

It was the first thing that popped into his head as he was running down a list of worst possible scenarios, the man said. He also claims he had seen a daytime television show about molestation a few days before.

"You want the jury to believe that because two days before you saw 'The Maury Povich Show?'" Young asked during cross-examination.

"Yes," the man answered.

The state also presented a recorded phone call between the man and the girl.

"I promise you I'll never put you in that same position again," the man said on the tape.

During his testimony, the man said he apologized to his daughter because he was told he made her uncomfortable while rubbing lotion on a sunburn.

"The only think that I was ever told is I rubbed lotion on her and made her feel uncomfortable," the man said.

Man gets 13 years for meth possession

By Josh Edwards
The Paris News

Published October 10, 2006

It only took a few moments for 62nd District Judge Scott McDowell to sentence a 69-year-old Powderly man to 13 years in prison for possession of methamphetamine.

Charlie William Canida was sentenced to one year for possession of a controlled substance less than 1 gram and 12 years for possession of a controlled substance of more than 4 grams but less than 200 grams.

"The meth problem we have in this country is one of the greatest threats to young people. I do this for the protection of them," McDowell said after he handed down the sentence.

First Assistant County Attorney Lloyd Welchel and prosecutor Merilee Brown agreed with the verdict. Welchel asked McDowell to sentence Canida to 10 years and said the punishment is "very appropriate for what he did."

Witnesses testified that Canida was in possession of enough methamphetamine oil to "powder out" 14 grams of pure meth — an estimated $1,400 worth of drugs. Drugs such as meth are often diluted to double or triple their street value.

"It's rural America's biggest problems. The judge even expressed that in his sentencing," Brown said.

Defense attorney Ben Massar asked for probation for his client.

"I think it was a pretty weak case," Massar said during the punishment phase. "This case is almost four years old."

A jury of 11 women and 1 man returned the guilty verdict at 2:40 p.m. after about 30 minutes of deliberation.

Tommy Moore of Paris Police Department, formerly assigned to the regional drug task force, testified that Canida and other men were cooking methamphetamine at Canida's home. Rick Tier, another former task force agent, also testified that Canida was in possession of methamphetamine.

Massar alleged that Canida was unaware of the drugs even though they were being manufactured in his trailer.

During the punishment phase, County Attorney's Office Investigator Chris Brooks testified that he and an informant purchased drugs from Canida on several occasions before charges were filed.

Jury comes back with a quick verdict

By Josh Edwards
The Paris News

Published October 6, 2006

Juries often have swift justice in mind, but a Lamar County jury on Wednesday may have set a record for the fastest verdict when they found a 41-year-old woman guilty of driving while intoxicated.

It took less than one minute to convict the woman of misdemeanor DWI, second offense.

"This is the fastest deliberation we've ever seen," prosecutor Marilee Brown of Lamar County Attorney's Office said.

The woman was sentenced to six months in county jail by County Court-at-law Judge Deane Loughmiller. She has at least a dozen previous arrests, according to a search of Lamar County judicial records.

Video of an interview during which the defendant passed out from intoxication may have helped the jury reach their quick verdict.

"The defendant was extremely uncooperative and hostile toward the officers," Brown said.

The tape shows the woman cursing and making personal attacks at Deputy Michael Woodson of Lamar County Sheriff's Department after he found her walking on Madewell Road following a one-vehicle collision. The woman refused a breath test and later became unconscious. The deputy tried to wake her, but she was not responsive.

Prosecutors alleged the woman was driving the vehicle at the time of the collision. She repeatedly denied on the stand that she was the driver, but failed to produce the name or description of the driver when pressed.

Woodson and Rick Legg, a former Reno police officer responded to the collision Sept. 24, 2005.

George Preston served as the defense attorney.

Defendant arrested despite not guilty verdict

By Josh Edwards
The Paris News

Published October 4, 2006

Despite being acquitted of aggravated assault with a deadly weapon, Sammy David Worthy Jr. left Lamar County Courthouse in handcuffs Tuesday. He was on his way to jail again.

Worthy, 52, was found not guilty of recklessly shooting his estranged wife, but some of the guns confiscated from his residence during an investigation were illegal.

While on the stand in his own defense, Worthy admitted to possessing two short-barreled pistol-like firearms — both prohibited weapons. The state presented the two weapons along with five other guns confiscated from Worthy’s home as evidence. After the non-guilty verdict, he was arrested for possession of a prohibited weapon.

Bond was set at $2,000 for the firearms violation, and 62nd District Judge Scott McDowell issued a protective order that mandated Worthy stay 200 feet from his estranged wife at all times. He was taken away by a sheriff’s deputy and booked into Lamar County Jail.

But Worthy wasn’t in jail very long. He posted bond and was released six minutes later.

The six-man, six-woman jury took just 20 minutes to find Worthy not guilty of recklessly shooting his estranged wife. She suffered a shotgun wound to the side of her head.

“We’re very excited and happy with the verdict,” defense attorney Will Biard said. “We are glad the jury took the time to fully examine the case.”

First Assistant District and County Attorney Lloyd Welchel said he did not feel the jury made the right choice.

“We are severely disappointed that the jury chose to believe the words of an abuser over the word of the victim,” Welchel said.

Worthy admitted to shooting his wife, but claimed it was an accident. During his testimony, he claimed that he was putting the gun under a mattress when it accidentally fire and hit his estranged wife in the face. Part of her ear was lost.

His estranged wife was living with him in Paris at a friend’s mobile home in the southeastern part of the county. The couple had an an argument, and his estranged wife left for their home in Wichita Falls, she testified. When she returned, Worthy shot her while they were packing for their return to Wichita Falls.

Deputy Ted Gibson testified about his interaction with both Worthy and the estranged wife. Worthy did not show much concern for his wife after the shooting, Gibson said.

Investigator Joe Tuttle who is a certified gun expert testified that the gun used in the shooting was in working order and could not have been fired on accident. Jurors viewed a videotape of Tuttle preforming tests on the shotgun.

The defense alleged the shooting was an accident and put only the defendant on the stand. During cross examination, Welchel repeatedly asked Worthy if he was mad when the shooting occurred. Worthy repeatedly denied being angry during the incident.

The entire trial took less than six hours. McDowell began the trial at 8:30 and closing arguments were finished before noon. Jurors took an hour lunch and then deliberated for less than 20 minutes before finding Worthy not guilty beyond a reasonable doubt.

Man sentenced to 30 years for arson

Staff reports
The Paris News

Published October 2, 2006

An 18-year-old Paris man was sentenced to 30 years Friday after he pleaded guilty to burglarizing and burning down a house in the 900 block of Pine Bluff Street.

Reginald Terrell Lyons, whose last known address is on Fitzhugh Street, broke into a house in the 900 block of Pine Bluff Street on Jan. 11, “to steal some items and, in an effort to cover up his crime, he set fire to the house,” First Assistant County and District Attorney Lloyd Whelchel said.

Prosecutors sought a deadly weapon finding, mandating Lyons spend a minimum half of his sentence behind bars before being considered for parole. The deadly weapon finding was sought because of the amount of damage done to the house and the danger to nearby houses and firefighters who responded.

A lengthy criminal history as a juvenile, beginning at age 10, contributed to prosecutors’ desire for Lyons to spend a significant number of years in prison.

When investigators videotaped the man’s confession they got more than they bargained for on the tape.

“The video confession was very disturbing. Let’s just say his behavior in the interview room when the officers left him alone was sexually inappropriate,” Whelchel said.

Paris Police investigators Stephen Holmes and Shane Boatwright looked into the burglary while Paris Fire Department arson investigators Vance Woodard and Shane Browning examined the fire.

“It’s a credit to their excellent work we were able to apprehend Mr. Lyons,” Whelchel said.

A Crimestoppers tip also helped investigators.

Lyons is the second person prosecuted in what Whelchel called “a rash of arsons and suspicious fires” this year, two in the same neighborhood.

“Our county and city are fortunate to have investigators both in the police and fire departments who can, and do, take these cases seriously. By their very nature, these cases can be tragic and catastrophic. They’re also just not easy to solve,” Whelchel said.

September 29, 2006

For Immediate Release

Teen pleads to 30 years for arson

An 18-year-old Paris man pleaded guilty Friday and received a 30-year sentence for burglary of a habitation and arson.

Prosecutors sought a deadly weapon finding, mandating Reginald Lyons spend a minimum half of his sentence before being considered for parole. First Assistant Lamar County and District Attorney Lloyd Whelchel said the deadly weapon finding was sought because of the amount of damage done, the danger to nearby houses and to firefighters who responded.

Lyons broke into a house in the 900 block of Pine Bluff Street on January 11, 2006, "to steal some items and, in an effort to cover up his crime, he set fire to the house," Whelchel said.

A lengthy criminal history as a juvenile, beginning at age 10, contributed to prosecutors' desire for Lyons to spend a significant number of years in prison.

"The video confession was very disturbing. Let's just say his behavior in the interview room when the officers left him alone was sexually inappropriate," Whelchel said.

Paris Police investigators Stephen Holmes and Shane Boatwright looked into the burglary while Paris Fire Department arson investigators Vance Woodard and Shane Browning examined the fire. "It's a credit to their excellent work we were able to apprehend Mr. Lyons," Whelchel said. A Crimestoppers tip also assisted investigators.

Lyons is the second person prosecuted in what Whelchel called "a rash of arsons and suspicious fires" this year, two in the same neighborhood.

"Our county and city are fortunate to have investigators both in the police and fire departments who can, and do, take these cases seriously. By their very nature, these cases can be tragic and catastrophic. They're also just not easy to solve," Whelchel said.

Landers gets 99-year sentence

By Josh Edwards
The Paris News

Published September 28, 2006 - Updated 49 minutes ago

Following two days of highly emotional testimony, a jury took only 45 minutes to sentence Beth Suzanne Landers, 50, of Paris to spend what will most likely be the rest of her life in prison for the intoxicated manslaughter of Harley Dale Nelson.

Landers pleaded guilty to the crime and was sentenced to 99 years in prision. She is not eligible for parole until she is 80. She took the stand Wednesday to apologize to the Nelson family. She said she has been addicted to drugs and alcohol since she was 15 years old, and if she got out of prison she would begin drinking and using drugs again.

About 20 tearful members of the Nelson family attended the sentencing. Some of of them offered forgiveness, while several were clearly still angry about his death.

"Nothing will bring my brother back," Nelson's brother, Jack, said during a victim impact statement. "I'm just happy now that you'll never get the chance to hurt anybody else ever again."

The case was a tragedy for all involved, County and District Attorney Gary Young said.

"This is the type of case we hope we never have again," Young said. "The jury made the right decision, and justice was served. She's spent 32 years wreaking havoc on those around her, including those who love her, and this ensures that it'll never happen again."

Young and Assistant District Attorney Lloyd Welchel began the punishment phase by presenting evidence from the medical examiner who preformed Nelson's autopsy.

Witnesses testified that Landers had gotten into a drunken fight with a romantic acquaintance and took her mother's car without permission. She then sped from the Morningside addition in Southeast Paris and traveled west on Clarksville Street at speeds in excess of 100 mph. Police estimate that she hit Nelson, who was leaving his favorite convenience store coffee shop, while traveling approximately 90 miles per hour.

Nelson was riding an antique Cushman scooter, which was carried more than 100 feet by the 1996 Chevy Lumina that Landers drove. Nelson's body left an indention in the hood of the car, and his head hit the windshield. Both shoes were knocked off his feet and were found in different locations.

A Southwest Medical Institute coroner testified that Nelson died when his head was completely severed from his spinal cord and vertebrae. It was not clear if this happened during the impact or while Nelson was carried more than 220 feet by Landers' car. Nelson's heart, spleen and liver were lacerated, and he suffered sever brain injures, the Dallas-based medical examiner said.

For the first time, family members saw autopsy photos of Nelson's body during the medical examiner's testimony. Both family members and jurors began to cry.

Sgt. Shane Boatwright of Paris Police Department said Nelson's body was found 224 feet from where he was hit, and the car Landers drove that day did not stop. There was no evidence that Landers ever attempted to stop or slow down before she hit Nelson, Boatwright said. Her car traveled nearly 570 feet before she stopped.

Officers Leigh Foreman, David Whitaker and Doug Thompson responded to the collision and testified about Landers' reaction to the fatal collision. Jurors saw and heard video from Foreman's patrol car in which Landers showed more concern about herself than remorse for Nelson's death.

Defense attorney Ben Massar argued that Landers was a different person while using drugs and alcohol, which were both found in her blood, and asked the jury to sentence her to 20 years.

Sixth District Judge Jim Lovett removed Landers from the courtroom Tuesday for a brief period of time when he believed she was pretending to cry.

Landers has an extensive criminal history, including convictions for robbery, driving while intoxicated and delivery of a controlled substance. She was also charged with driving while intoxicated after a 2002 incident in which she "was drunk and drove though a house" in Northeast Paris, Young said.

"She's had numerous wake up calls and continued to live the way she did," Welchel said.

Landers' punishment range was extended from five years to 20 years to five years to life because of the previous convictions.

September 27, 2006

For Immediate Release

99 years given for death of Dale Nelson

Beth Suzanne Landers, 50, took the stand Wednesday and apologized to the family of Harley Dale Nelson, whom she killed in a drunken auto accident early on a Sunday in October 2005 on Clarksville Street.

The jury, however, saw it as "too little, too late" and, after 45 minutes of deliberating, sentenced Landers to 99 years in prison for intoxicated manslaughter with a deadly weapon.

"Nothing will bring my brother back," Jack Edwin Nelson Jr. told the defendant in a victim impact statement at the trial's conclusion. "I'm just happy now that you'll never get the chance to hurt anybody else ever again."

Testimony in the two-day punishment trial before District Judge Jim Lovett included Paris police officers who interacted with Landers at the hospital and police station shortly after the accident. Jurors saw and heard video and recorded phone calls which showed Landers was more concerned with her own state of affairs, trying to get released from jail and wanting medication the morning of the accident than remorse for Nelson's death.

Defense attorney Ben Massar argued Landers was a different person when intoxicated and using cocaine, which were found in her blood, and asked the jury to sentence her to 20 years.

Lamar County and District Attorney Gary Young chronicled Landers' criminal history, which included convictions for robbery, driving while intoxicated, and delivery of a controlled substance, for which Landers spent time in prison. He also noted a 2002 incident where Landers was "drunk and drove through a house" in northeast Paris.

Landers' mother, Nelda Crawford of Paris, took the stand and explained how she'd tried for years to help her daughter, including raising one of her two children. Landers admitted being an alcoholic and drug addict "since I was 15-years-old."

The deceased Mr. Nelson was fondly remembered by his widow, Helen Nelson, who said Nelson was on his way that morning to his favorite convenience store coffee shop, riding his Cushman scooter.

Cobb takes plea, gets 3 life sentences

By Josh Edwards
The Paris News

Published September 21, 2006

Christopher Cobb, 23, faces three life sentences with no possibility of parole for the August 2004 murder of his father's grandparents and the stabbing of a jailer with a sharpened toothbrush while he was held at Lamar County Jail.

He pleaded guilty during a hearing that wrapped up about 3 p.m. Wednesday.

Two of the life sentences run concurrently. The sentence for attacking the jailer runs consecutively with the second capital murder sentence. The plea deal discludes any possibility of parole or appeal.

“We're happy to get it resolved,” defense attorney Steven R. Miears of Miears and Rule, a Bonham-based law firm representing Cobb.

Special prosecutors from the attorney general's office referred all comments to the Austin office.

Notably absent from the courtroom were members of the Lamar County District Attorney's office.

“Mr. (Gary) Young and the office understand why the special prosecutor accepted the plea from the defendant. However, Mr. Young and his office believe that Mr. Cobb deserves the death penalty and believe a Lamar County jury would have given that,” said Allan Hubbard, Lamar County Attorney's office spokesman and victim advocate.

Hubbard attended the sentencing hearing to represent the victims of the crime. During the hearing, Hubbard said victims Charley Smith, 89, and Ruth Smith, 88, must not be forgotten.

“They loved him very much,” Hubbard said of Cobb's great-grandparents.

About 25 people, including family members, attended the plea and sentencing hearing.

Cobb offered no expression on his face as he entered the courtroom shackled in leg irons and a leather belt connected to handcuffs.

He showed little emotion during the hearing except when his voice wavered while entering guilty pleas. Following the hearing, he smiled and told family members he loved them as he was lead away by Lamar County Sheriff's deputies.

The plea hearing involved a series of questions to make sure Cobb was competent to stand trial and was not forced into guilty pleas.

During pretrial hearings, Miears raised questions about the defendant's competence to stand trial, but when Cobb was examined by a psychiatrist, he was found fit to face punishment.

"I do not have any concerns whatsoever that he is competent to stand trial," Miears said during the hearing.

The case was delayed indefinitely this spring when Miears sought to remove the county attorney as prosecutor because Young had previously represented Cobb in other cases.

Young recused himself, and the case was handed over to a special prosecutor from the Texas Attorney General's Office.

Police initially arrested Cobb on a theft warrant for jewelry stolen from his parents' home. Investigators checked with a pawn shop and discovered that Cobb had pawned jewelry valued at more than $1,500. The jewelry was identified as items belonging to his parents, who had not given permission for their son to take the items, police said.

He gave law enforcement agents permission to search his room, and a blood-stained towel, a blood-stained sheet and a blood-stained bedspread were found during the search. Cobb later told police he burned his clothes in a barrel behind his residence.

A bag of marijuana was found in the room and a plastic bag believed to have once contained cocaine was found in Cobb's possession. He told officers the bag contained cocaine he “thought he had already used.”

Cobb was taken to the Paris Police Department for interrogation, where he first denied any knowledge of the murders but later gave details of the slayings, according to Reno Police Chief Jess Wilson.

“He advised he killed them on Sunday night late and said he stabbed and shot his great-granddad and then shot his great-grandmother,” Wilson wrote in the arrest report. “Cobb gave specific detail as to how the offense occurred and where the weapons were left, which all match evidence found during the investigation.”

According to evidence, Cobb's great-grandfather was repeatedly stabbed with a kitchen knife and shot twice in the face with his own gun. Cobb's great-grandmother was shot once in the head. There was originally confusion about whether the victims were Cobb's grandparents or great-grandparents.

The bodies were found by a caretaker Monday, Aug. 30, 2004, in their residence at 3735 Smallwood Road in Reno. Smith’s body was found in a pool of blood in the living room, and his wife’s body was found in a pool of blood in a bedroom.

Cobb told investigators he stole money from his great-grandfather after the murder, according to the arrest report.

He was originally indicted on two counts of capital murder in 2004, but the indictment was thrown out when Young recused himself and his staff from the case.

Assistant Attorney General Charles "Mac" Cobb lead the prosecution. He is not related to Christopher Cobb.

Juries send tough message to criminals

The Paris News

Published September 11, 2006

Juries proved that crime is not tolerated in Lamar County when they handed out several hefty sentences to convicted repeat offenders. We hope this sends a strong message to criminals and those who are considering committing crimes.

Crimes — especially drug-related crimes — are a huge problem in Lamar County. We are glad to see that two repeat drug offenders get large sentences.

“The jury here has set the price high for being a drug dealer in the Paris area,” said Assistant District Attorney Sherry Whelchel, lead prosecutor in a case in which a jury sentenced a man to what amounted to 199 years in prison.

James Rene Hayes, 45, was convicted on a drug charge and pleaded guilty on other drug charges. With the remainder of his parole added, Hayes' sentences equals 199 years. Mario Deshun Gill, 29, is also a repeat offender. He was found guilty of possession of 5.4 ounces of marijuana and sentenced to 20 years in prison — the maximum allowed by law. Testimony showed both men were in possession of large amounts of drugs, which is typical of drug dealers.

Offenders should think twice before peddling drugs on the streets of Paris and the surrounding area. If they don't, they may be spending the rest of their lives in prison. One drug dealer can provide illicit substance to tens, if not hundreds, of users. By putting drug dealers behind bars, a number of drug-related crimes are prevented, including robbery and burglary by drug addicts who need money to buy more drugs.

A jury also sent a strong message when they sentenced a convicted child molester to spend the rest of his life in prison. We have chosen not to identify the man so that the victim can remain anonymous.

During closing arguments of the sentencing phase, district Attorney Gary Young asked the jury to sentence the man to at least 50 years in prison, and they returned a 99 year sentence. The man has a lengthy history of domestic violence and testified he did not know how many women he had beaten during his life.

"I don't believe that there is a more heinous crime than sexual assault of a child," Young said in his closing arguments of the sentencing phase. The jury obviously agreed, and so do we.

Hopefully, future juries will stay tough on crime and send the message that criminals in Lamar County must pay their debt to society. With enough stiff sentences, we believe that the crime rate will decrease and criminals will be scared to commit crimes here because of the consequences they would face.

Jury gives 20 years for possession

By Josh Edwards
The Paris News

Published September 7, 2006

A Lamar County jury took less than five minutes Wednesday to sentence a Paris man with a lengthy criminal history to two decades in prison for marijuana possession.

Mario Deshun Gill, 29, was found guilty of possession of 5.4 ounces of marijuana. In addition to 20 years in prison, he was also ordered to pay a $10,000 fine.

The sentence is the maximum allowed by law.

“The jury wanted to give him more time,” Lamar County and District Attorney Gary Young said.

“This is the kind of message juries are continuing to send to drug dealers in Lamar County,” Assistant District Attorney Marilee Brown said, noting a 199-year sentence handed down last week to a crack cocaine dealer.

The charges from the 2005 arrest were enhanced due to convictions for attempted robbery in 1998 and delivery of cocaine in 2003.

Jurors returned with a guilty verdict after an hour of deliberation Wednesday.

Brown argued Gill was selling large amounts of marijuana near a playground. Defense attorney Cameron Lenahan said the drugs did not belong to Gill.

Gill was arrested Feb. 23, 2005, after officers Leigh Foreman and Shane Stone received a Crime Stoppers tip about possible narcotics violations at Gill's residence. When officers arrived, they smelled a very strong odor of marijuana in the front porch area. Foreman received consent to search the residence and found a shoe box with 5.4 ounces of marijuana in a bedroom.

Small plastic bags commonly used to package marijuana and a set of digital scales were also found.

Because the residence is within 1,000 feet of a playground, the offense was enhanced to include a drug-free zone designation.

Ebony Harrell, 28, was also charged during the drug bust. She pleaded guilty in June 2005 and was sentenced to two years in jail.

September 6, 2006

For Immediate Release

20 years for marijuana possession

A Lamar County jury gave the maximum 20-year prison sentence Wednesday to a man they found guilty of possession of 5.4 ounces of marijuana.

Mario Deshun Gill, 29, was also ordered to pay a $10,000 fine. Gill's February 2005 arrest was enhanced due to two prior felony convictions: attempted robbery in 1998 and delivery of cocaine in 2003.

"The jury wanted to give him more time," said Lamar County and District Attorney Gary Young. Jurors returned with a guilty verdict after an hour of deliberation Wednesday. Deciding Gill's punishment took less than five minutes.

Assistant district attorney Marilee Brown argued Gill was selling large amounts of marijuana near a school playground. Defense attorney Cameron Lenahan said the drugs did not belong to Gill.

"This is the kind of message juries are continuing to send to drug dealers in Lamar County," said Mrs. Brown, noting a 199-year sentence handed down last week to a crack cocaine dealer.

Prosecutors said a Crime Stoppers hotline tip led to the arrest.

Convicted drug dealer gets nearly 200 years

By Josh Edwards
The Paris News

Published September 03, 2006

A Lamar County jury Friday gave a convicted drug dealer what amounts to nearly 200 years in prison.

“The jury here has set the price high for being a drug dealer in the Paris area,” the case’s lead prosecutor Assistant District Attorney Sherry Whelchel said.

James Rene Hayes, 45, pleaded guilty to a 2006 charge of possession of a controlled substance, more than 4 but less than 200 grams, in a drug-free zone, and was sentenced to 99 years in prison for that charge.

Jurors found him guilty of the same drug possession charge for offenses in 2002 and 2004. For those crimes, he received two 80 years sentences to run concurrently. Hayes also must complete another sentence stemming from a 1993 conviction. He had been on parole for that drug crime.

He was sentenced to 30 years in 1993 and was imprisoned for about eight years, Assistant District Attorney Lloyd Whelchel said.

“He begins his new prison time completing what was left on that, so about 20 or so more years,” he said said.

After the remainder of his parole, Hayes begins the two 80-year sentences. The 99-year sentence begins at the conclusion of the concurrent sentences.

“Basically, it was 199 years when stacked,” Sherry Whelchel said.

The jury heard testimony Thursday from several police and narcotics officers in Judge Jim Lovett’s 6th District courtroom. Hayes took the stand to open Friday’s testimony and said he was an addict, not a crack cocaine dealer. The jury was handed the case to decide guilt or innocence at 2:30 p.m. Friday and returned with guilty at 4:15 p.m.

Prosecutors said they got all the punishment evidence in during the guilt-or-innocence phase of the trial and rested before defense attorney Michael Mosher put a local pastor on the stand to say Hayes would be a benefit to the community if allowed to go to rehab and return to Paris.

The jury took the punishment under deliberation at 5 p.m. and returned with a sentence at 7 p.m.

Defense attorney Mosher asked the jury for 10 years on the guilty plea in the 2006 case and five years for the remaining cases— a total of 15 years.

Hayes was also ordered to pay a $40,000 fine.

Jury gives molester life in jail

By Josh Edwards
The Paris News

Published August 31, 2006

District Attorney Gary Young asked a jury Wednesday to put a convicted child molester in prison for the rest of his life. That’s exactly what they did.

The five-man, seven-woman jury sentenced the 41-year-old man, who was convicted of molesting a family member, to 99 years in prison — the maximum allowed by law. The man will not be eligible for parole until he is 85, and those convicted of sex crimes against children are rarely released on parole after their first hearing. The man must also pay a $20,000 fine.

The Paris News has chosen not to identify the man so that the victim may remain anonymous.

“I don’t believe that there is a more heinous crime than sexual assault of a child,” Young said in his closing arguments of the sentencing phase, before asking for at least a 50-year sentence for the man.

Jurors returned a maximum punishment for the man less than 30 minutes after a short sentencing hearing. Earlier in the day, the 41-year-old man was found guilty after less than an hour of deliberation by the jury.

“We’re very pleased with the verdict and sentencing,” First Assistant County Attorney Lloyd Whelchel said.

Trial testimony presented by the state included the victim, her mother and a sexual assault nurse who examined the victim.

“She got on the stand and gave the details of what happened with her teddy bear in her lap. She did a very good job,” victim witness coordinator Allan Hubbard said of the victim’s testimony.

“It’s always a difficult case when you have to put a child on the witness stand to tell a story about something that happened two years earlier. You never really know how consistent it’s going to be. In this case she did real well and the jury believed her and wanted him punished and punished him greatly,” Young said.

Defense attorney Cameron Lenahan presented renters who knew the family as character witnesses during the trial. However, 6th District Judge Jim Lovett suppressed a motion to present an expert witness who was to testify on the nature of children and inconsistent statements, because the witness had not spoken to the victim.

The case stems from a 2004 incident in which the victim told her mother that the man had preformed oral sex on her. The outcry happened in Midland, but the incident happened in Lamar County. Investigator Travis Rhodes of Lamar County Sheriff’s office put the case together based on evidence gathered in Midland. Rhodes is in charge of investigating crimes against children for the sheriff’s office.

The 41-year-old man has a lengthy history of family violence and alcohol arrests. Rhodes testified that the man had been arrested 17 times in the last 16 years.

Jackson gets 45 years for '05 murder

Staff reports
The Paris News

Published August 29, 2006

The man who pleaded guilty to the murder of a wheelchair-bound former truck driver faces a 45-year prison sentence for the crime.

Terry Jackson, 43, of Paris was sentenced Monday by 6th District Judge Jim Lovett. Jackson pleaded guilty in July to the April 2005 slaying of the former truck driver.

Jackson stood emotionless in the county jail-issued orange jumpsuit with shackled wrists and ankles, but he looked at each person who spoke during the hearing.

Joe Cavasos' ex-wife and one of his daughters made victim impact statements to the court regarding how the crime affected them. Sentencing in the case was delayed so that family members could attend.

“You might not be asking for it, but I forgive you. I have to forgive you, for me,” one of Cavasos' daughters said as she cried.

Cavasos' ex-wife said her grandson was looking forward to going fishing this summer for the first time with his grandfather but did not get the chance.

“Everybody makes mistakes. I just hope the man who did this will become something better than a killer,” she said.

Lovett said that hearing victim statements helps remind him how much impact crime has on victims and the community.

“We who work with crime every day get hardened to it. This reminds me how difficult it is for victims,” the judge said.

Assistant District Attorney Sherry Whelchel said she was glad the family received justice.

Investigators said Cavasos was killed with a single bullet from his own gun.

He was dead approximately two days before his body was found in the brick duplex he rented at the corner of Northwest 16th and Walker streets.

Officer David Whitaker found Cavasos dead about 1 p.m. April 26, 2005, after he was flagged down by a home health care worker.

Jackson was arrested April 24, 2005, in Delta County and charged with unlawful possession of a firearm by a felon. He was then transported to Lamar County, where he was indicted for murder in December 2005.

Jackson to be sentenced for man's death

By Josh Edwards
The Paris News

Published August 22, 2006

Terry Andra Jackson, 43, of Paris is expected to be sentenced Monday for the April 2005 shooting death of wheelchair-bound Joe Cavasos.

“He pleaded guilty in July, but we delayed sentencing to accommodate the victim's family,” Lamar County Attorney's office spokesman Allan Hubbard said.

One of Cavasos' daughters is in the military and is expected to be on leave and in Paris by Monday, Hubbard said. The sentencing was delayed to allow for her to be able to attend.

Jackson is also expected to plead guilty to a charge of unlawful possession of a firearm by a felon, Hubbard said.

Jackson was indicted in December 2005 for first-degree murder. He had been in Lamar County jail for seven months before his indictment for the slaying.

“By the time Paris Police Department figured out he was the guy who did it, he was already in custody on parole violation,” Hubbard said.

Police said Cavasos was killed with his own gun. A single bullet entered his left shoulder and tore through his rib, heart and lung before coming to rest in his liver, autopsy results revealed.

Cavasos was dead for approximately two days before his body was found April 26, 2005, in a brick duplex at the corner of Northwest 16th and Walker streets, where he had lived for several years. Neighbors said they last saw Cavasos on the afternoon of April 24 sitting in his wheelchair outside his front door.

A home health care worker flagged down police officer David Whitaker about 1 p.m. April 26, after she got no response at Cavasos’ residence for the second day in a row. The officer entered the home and found Cavasos shot dead.

The night of April 24, Jackson was arrested in Delta County, leading to charges of unlawful possession of a firearm by a felon, and he was transferred to Lamar County to face attempts to revoke parole on previous felony convictions.

A television set and two guns were missing from Cavasos’ duplex on the day his body was found. Several weeks later, the guns were recovered and sent to Texas Department of Public Safety laboratories for ballistics tests, DNA tests and other lab work.

Sgt. Stephen “Red” Holmes of Paris Police Department lead the investigation.

“This was great detective work by Red Holmes prior to his injury,” Hubbard said. Holmes was injured in May when he flipped his 2003 GMC Envoy while off duty.

Jackson has a lengthy arrest and conviction record. He has been in court on felony charges of aggravated assault with a deadly weapon, robbery, delivery of a controlled substance, burglary of a residence and burglary of a habitation with intent to commit theft.

Cavasos was a long-haul truck driver until he was injured in a truck accident about nine years ago and became paralyzed, family members said. He was divorced, and moved to Paris about 1998.

At the time of his death, Cavasos lived alone in the north half of his duplex. The other half was vacant, neighbors said.

Editorial: Asking the right questions at the right time

Staff reports
The Paris News

Published August 13, 2006

Because of what District Attorney Gary Young described as “good police work,” one of this city’s bigger cocaine dealers is out of business.

Prosecutors say Effrin Jermon Smith, 29, had hundreds of rocks of crack cocaine in his apartment in the 400 block of Grand Avenue when police executed a search on his residence five months ago. Lawmen were looking for clues into the murder of Lanny Walker of Roxton, but what they found was a stash of 120 grams of cocaine valued at $12,000 packaged and ready for sale on Paris streets. They also found a gun in the apartment.

We want to commend whoever called Lamar County Crime Stoppers to provide information about Smith, who was reported to be among the last people seen with Walker. But that tip would have been of little value if investigators had not followed it. Lawmen went beyond the murder investigation, asking questions that resulted in enough information to secure the raid on Smith’s apartment.

“It was good police work, being in the right area, asking the right questions at the right time,” Young said.

We agree. While it isn’t every day that a tip leads to a major drug bust, it is this type of work that lawmen do all the time. Often this kind of work results in small busts, but occasionally investigators get a major bust like this one. It’s hard work, but it pays off. Getting hundreds of rocks of cocaine off our streets does more for our community than most of us realize. It may have even saved lives.

It is unfortunate that this bust didn’t result in the arrest of those who supplied Smith. Lawmen and prosecutors sought information about the distributor, but Smith wasn’t willing to talk. Investigators asked the right questions, but Smith wouldn’t answer. Smith said he would take responsibility for his crime but wasn’t going to be a snitch.

Because of his unwise choice, Smith probably got a tougher sentence and his supplier was allowed to go free. Smith was convicted of delivery of cocaine and possession of the same drug with intent to deliver. He got 25 years on the first charge and 10 years on the second. Because sales took place in a drug-free zone, the sentences have to be served back-to-back. Also, Smith has to serve at least half of his 35-years before he is eligible for parole. He’s not likely to sell drugs again for a long time.

We commend the officers and prosecutors who participated in this case, realizing that although one of the bigger dealers has been closed down there are other sout there ready to take his place. Good police work will never rid our community of all drug dealers, but it will slow the flow, make our community a safer place to live and work, and perhaps even save lives. Thanks, and keep up the good work.

Former nurse gets 10 years for drug fraud

By Charles Richards
Special to The Paris News

Published August 06, 2006

Sherry Baker Lenoir, 39, of 2150 Plum St., was sentenced Friday by visiting state District Judge Webb Biard to 10 years in prison for fraudulent possession of a prescription drug (hydrocodone) by misrepresentation.

The sentence came two days after a jury convicted her in 6th state district court of the second-degree felony, whose range of punishment was two to 20 years.

The jury concluded that she acquired patients’ pain medication for her own use while working as a health care professional at an assisted living center in Paris last summer.

Lenoir got probation after similar convictions in 2001, 2003 and 2004 in Lamar, Kaufman and Nacogdoches counties while working as a health care professional. She voluntarily surrendered her registered nurse’s license in 2003.

She chose to have visiting state District Judge Webb Biard decide the punishment, and the judge heard testimony Friday.

Trial testimony showed Lenoir called in a patient’s prescription for hydrocodone to a local pharmacy and picked up the prescription herself.

The owner of the assisted living center where Lenoir worked testified that she called police after discovering that despite a patient having an ample supply of hydrocodone, Lenoir put in a prescription for more. The owner said 206 hydrocodone pills were unaccounted for.

Lenoir testified Friday that since the incident she has continued to take hydrocodone, under her own prescription, because of back pain.

During cross-examination, District Attorney Gary Young told her she must have been taking 10 or 15 pills a day.

“Mr. Young, I’ll be honest with you. I’ve taken as many as 40 a day,” Lenoir replied.

Defense attorney George Preston asked that Lenoir be placed on probation and said his client would like to enter a drug treatment facility.

“If this was a crack cocaine dealer or user, with four prior convictions, we would not be considering probation,” Young said.

Young also noted that Lenoir went to a drug treatment center in 1997, but her problem continued. He recommended a 12-year prison sentence.

Biard then set her sentence at 10 years in prison.

Lenoir has been in jail since her conviction on Wednesday. The judge denied her request to be given some time to take care of some things.

Man gets probation for sexual assault

By Charles Richards
The Paris News

Published August 04, 2006

Jeremie Ray Allison, 23, of Lamar Point was spared a prison sentence Thursday, but was fined $1,000 and placed on five years' probation for a sexual encounter two years ago at Pat Mayse Lake with a 13-year-old girl.

Allison pleaded guilty Monday to aggravated sexual assault of a child, and visiting state District Judge Webb Biard pronounced sentence after the trial's punishment phase in 6th State District Court on Thursday afternoon.

Defense attorney James Rodgers argued for probation on grounds the encounter was consensual and the girl was fondling Allison and encouraging the encounter.

Prosecutor Lloyd Whelchel objected repeatedly during Rodgers' questioning of witnesses. He said Rodgers was attempting to paint the girl as promiscuous and blame her for the attack even though the defendant had already pleaded guilty.

The girl admitted on the stand that she had flirted with Allison and “thought he was hot,” but she said she tried to pull away when their mutual flirtation evolved into sex. Still, she didn't cry out to her friends who were only about 25 yards away, she said.

One of the other girls in the party testified that the victim was not upset when she told her after they left the lake about what had happened.

Allison faced punishment of five years to life for the first-degree felony, but prosecutor Lloyd Whelchel sought a maximum of five years in prison.

Whelchel said if Allison were granted probation, he would not ask that he be ordered into regular behavior therapy that frequently is prescribed for those convicted of aggravated sexual assault of a child.

“I don't think he is a pedophile,” Whelchel said.

Still, a 21-year-old man has to know it is wrong to have sex with a 13-year-old girl, the prosecutor said.

The defendant acknowledged on the stand that he knew the girl was underage, “but I didn't know she was that young.”

Whelchel asked that if the judge granted probation, Allison be made to spend at least some time in jail “so we will know we got his attention.”

As part of the sentence, the judge ordered Allison confined in the Lamar County Jail for two weeks. He will be required to register as a sex offender for the rest of his life.

The teenage girl agreed during testimony that she began flirting with Allison soon after she and two friends began talking with him and two of his friends at the lake. One of her friends already knew him, she said.

Allison's parents testified they were shocked to discover what he had done, but said he had always been a good son and had matured significantly in the two years since the incident.

The youth minister of a Lamar Point church testified that he knew both families. Allison hadn't dated or had a girlfriend since the incident, the man testified. He said he considers Allison a fine young man who made a serious mistake.

One of city's 'bigger dealers' sentenced

By Charles Richards
The Paris News

Published August 04, 2006

District Attorney Gary Young says it was “good police work” during a murder investigation that led to a search of a near-downtown apartment five months ago, revealing hundreds of rocks of crack cocaine packaged for sale on the streets.

Effrin Jermon Smith, 29, is “one of the bigger dealers that we have caught” in Paris, Young said Thursday after the man was sentenced to 35 years in the Texas Department of Corrections.

Smith pleaded guilty Monday, and visiting state District Judge Webb Biard sentenced him Thursday to 25 years in prison for delivery of cocaine and 10 years in prison for possession with intent to deliver.

By law, because Smith sold cocaine in a drug-free zone, his sentences must be served back-to-back rather than concurrently, Young said. Smith must serve at least half the 35 years before he will be eligible for parole.

On Feb. 28, in Smith's apartment in the 400 block of Grand Street, police officers found about 120 grams (four ounces) of cocaine. The street price for crack cocaine is about $20 a rock, or $100 a gram, Young said, making the drugs worth about $12,000 on the street. Smith also had a gun in the apartment.

Police had a tip for a potential witness who was reported to be among the last people seen with Lanny Walker of Roxton. Walker was found dead earlier this year near railroad tracks off West Washington Street, the district attorney said.

“It was good police work, being in the right area, asking the right questions at the right time,” Young said.

No arrests have been made in the murder, and Smith is not a suspect, but while checking out a CrimeStoppers tip, officers “ran across someone with drugs on them and parlayed that into searching the apartment,” Young said.

Defense attorney George Preston sought probation for Smith, who testified that his only previous citations were for disturbing the peace and playing music too loud.

“The judge might have gone a little more lenient on him had he taken full responsibility and told the judge who he sold to and who he was getting his drugs from,” Young said.

“I think he still would have gotten prison time, but I doubt he would have gotten as much as he did.”

On the stand Thursday morning during the punishment phase, Smith repeatedly refused to give any information on those he bought from or sold to, despite the judge's threat to find him in contempt of court.

Smith said he was taking responsibility for his crime, but wasn't going to be a snitch.

He said most of his buys were at “the Corner” — the intersection of Tudor and Northeast Fifth Street.

Smith said he bought the drugs that were found in his apartment on Feb. 28 outside a convenience store on North Main Street, three blocks north of the downtown Plaza.

“You bought drugs across the street from the courthouse?” Young asked Smith.

Woman convicted of possession

By Charles Richards
The Paris News

Published August 03, 2006

A 39-year-old Paris woman has been convicted of charges alleging that while working at an assisted living center she diverted a patient's prescription pain medication for her own use.

After a day of testimony, a nine-man, three-woman jury deliberated an hour Wednesday afternoon before finding former registered nurse Sherry Baker Lenoir of 2150 Plum St. guilty of fraudulent possession of hydrocodone in June of last year.

Visiting state District Judge Will Biard dismissed the jury after its 5:15 p.m. verdict, because Lenoir opted to have the judge decide her punishment. The punishment phase gets under way at 9 a.m. Friday in the Lamar County Courthouse.

Fraudulent possession of prescription drugs by misrepresentation is a third-degree felony punishable by two to 10 years in prison and a fine of up to $10,000.

The conviction is Lenoir's fourth.

Lenoir got probation after similar convictions in 2001, 2003 and 2004 in Lamar, Kaufman and Nacogdoches counties while working as a health care professional. She voluntarily surrendered her registered nurse's license in 2003.

A Paris pharmacist testified that on June 13, 2005 a fax was received from an assisted living center in Paris ordering a prescription for two patients in the amount of 180 hydrocodone pills.

The fax was signed by the defendant, who also wrote: “I will pick this up!