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News and Press Releases
: 2007 |
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press releases:
from The Paris News:
Inmates’ early release worries
prosecutors
By Bill Hankins
The Paris
News
Published December 9, 2007
A new and serious issue relating to justice is developing
across the state of Texas, and local district and county attorneys
are being caught up in the state’s drive to clear prison
beds.
To do so, parole officials are under pressure to release some
convicted people early to have space for more violent offenders.
“Clearly, this is a money issue,” said Lamar District
and County Attorney Gary Young. “The state has to find a
way to pay for these folks to be housed in prisons. But justice
is not being served when someone does eight years of a life sentence.”
Young was referring to a Lamar County case in which Clifton
Blackshear was sentenced in 1999 to life in prison for the manufacture
of a controlled substance.
He was released earlier this year and is back in Lamar County.
In another Lamar County case, Timothy Brett Taylor received
a three-year sentence and began serving his time in April of
this year.
Parole officials already have announced his release. He is
back in Lamar County.
“We are back to where we were in the late eighties and
early nineties,” Young said. “Prisons are full again
and the parole system is working to free up beds.”
“It is sad when defendants are getting their first parole
consideration when they are still in our county jail awaiting
transfer to the actual prison,” Young said .
That has happened in some Lamar County cases in which an inmate
received his parole while still in Lamar County Jail.
“There are people who know how to work the system that
are agreeing to go to prison for what appears to be decent five
or six-year sentences who know they will be out in less than
a year,” Young said . “Many of them would rather do
that than be on probation for two or three years.”
Assistant County Attor-ney Bill Harris said he was amazed
at the defendant’s reaction in a recent burglary of a habitation
case.
“I was prepared to offer him a lengthy probation, no
jail time, but he told me he just wanted a sentence,” Harris
said. “He knows that on non-violent offenses, inmates are
doing about a month and a half for each year of their sentence.
He knows he is going to be out of prison in less than a year,
so why would he want to be on probation six or seven years, when
he can go to prison and get it over with in just months.”
State prison officials report there are 738,000 beds for adults
in the state system, and that number is being reached on a regular
basis, so release of some prisoners in non-violent cases may
be pushed ahead of their scheduled release.
The overcrowding of state prisons puts pressure back on county
jail systems, which have a 71,962-bed capacity in Texas. That
could cause some overcrowding in county jails in upcoming months.
Texas HB 337, which addresses the issue, requires the courts
to sentence probation violators appropriately and not revoke
them to prison for minor mistakes.
That also means more offenders remain on the streets even
if they have failed to meet all the probation rules and have
committed some repeat offenses.
One of the tools used by parole officials is a different system
of calculating time prisoners serve.
“Some prisoners are getting eight to one credit for good
time,” Harris said. “The way they are calculating good
time is perpetrating a fraud on the citizens of the state of
Texas, because they are giving these guys so much good time,
they are discharging their sentences way before the law says
they are actually eligible for parole.”
Contrast that with the Lamar County Sheriff’s system,
which makes prisoners serve more of their sentences.
“The system that Sheriff B.J. McCoy has in place is the
first 30 days are flat time, and after that 30 days, if a prisoner
is a good prisoner, he will get two for one credit,” Harris
said. “That means a 60-day sentence will be served in 45
days.”
Victim and Witness coordinator Alan Hubbard said the release
system used today is not fair for victims of crime.
“They leave the courtroom after sentencing feeling a
sense of justice only to learn later the defendant is serving
little of that time,” he said. “Juries cannot be told
the sentence they hand down can be reduced tremendously, and
the juries could not consider that in sentencing if they knew.”
Hubbard said another problem is that prison officials are
alerting the county attorney’s office after a prisoner already
has been released and not giving time for a county attorney to
contest that release.
Harris said the federal courts and prison system work a lot
different.
“A sentence to federal prison will mean a prisoner will
serve most of their sentences before they have a possibility
of parole,” he said.
Phillips gets eight-year sentence
Staff reports
Special to The
Paris News
Published November 28, 2007
An elderly Paris woman never knew what hit her when she was
attacked on her way into the hospital in April of this year.
John Wesley Phillips, 27 of Paris, decided to hit the woman
with his fist in an unprovoked attack that put her in severe
pain with bruises to her face that lasted six months.
Now Phillips will spend the majority of eight years in prison
after agreeing to a plea deal with prosecutors just before Thanksgiving.
Witnesses told Paris police they saw Phillips walk up seemingly
out of nowhere and strike the 68-year-old woman in the back of
her head, causing her to fall face first into the tile floor
at the entrance. The woman and a family member were on their
way inside to visit a patient.
One witness pursued Phillips while calling police on a cell
phone. She later identified Phillips, who had previous arrests
for what prosecutors called “strange behavior” in area
stores as well as a 2003 drug conviction for which he did 12
months in prison.
“This poor woman is lucky to be alive,” said First
Assistant County and District Attorney Bill Harris. The third-degree
felony of injury to the elderly carried a maximum sentence of
10 years in prison. Harris said a jury panel was summoned for
trial scheduled this week but Phillips decided to plead guilty.
Gary Young, county and district attorney, said it's good “when
defendants agree to do 80 percent of the maximum sentence they
could receive.” Young said Phillips will likely serve six
to seven years of the sentence before parole.
Phillips was represented by Paris attorney Jana Turner McGowan.
November 26, 2007
Unprovoked assault gets man 8 years in prison
An elderly Paris woman never knew what hit her when she was
attacked on her way into the hospital in April of this year.
John Wesley Phillips, 27 of Paris, decided to hit the woman
with his fist in an unprovoked attack that put her in severe
pain with bruises to her face that lasted six months.
Now Phillips will spend the majority of eight years in prison
after agreeing to a plea deal with prosecutors just before Thanksgiving.
Witnesses told Paris police they saw Phillips walk up seemingly
out of nowhere and strike the 68-year-old woman in the back of
her head, causing her to fall face first into the tile floor
at the entrance. The woman and a family member were on their
way inside to visit a patient.
One witness pursued Phillips while calling police on a cell
phone. She later identified Phillips, who had previous arrests
for what prosecutors called "strange behavior" in area
stores as well as a 2003 drug conviction for which he did 12
months in prison.
"This poor woman is lucky to be alive," said First
Assistant County and District Attorney Bill Harris. The third-degree
felony of injury to the elderly carried a maximum sentence of
10 years in prison. Harris said a jury panel was summoned for
trial scheduled this week but Phillips decided to plead guilty.
Gary Young, County and District Attorney, said it's good "when
defendants agree to do 80 percent of the maximum sentence they
could receive." Young said Phillips will likely serve six
to seven years of the sentence before parole.
Phillips was represented by Paris attorney Jana Turner McGowan.
Paris man gets 20-year sentence
By Bill Hankins
The Paris
News
Published November 9, 2007
A 27-year-old Paris man was sentenced to 20 years in prison
Thursday for physically abusing his girlfriend’s child.
Anthony Trent Barbour was convicted Wednesday on two counts
of injury to a child from the July 2006 incident that sent the
near-dead 8-year-old boy to Children’s Medical Center in
Dallas by helicopter with a morphine overdose and severe bruising.
Lamar County’s 62nd District Judge Scott McDowell sentenced
Barbour to 20 years on one count and 10 years on the other, with
the sentences to run concurrently. The jury ruled morphine was
a deadly weapon which demands Barbour serve a minimum half of
his sentence before parole eligibility.
“We don’t get many jury trials involving a physical
abusive beating of a child,” said Lamar County and District
Attorney Gary Young. “Most of the time the evidence is circumstantial
and there’s not necessarily a smoking gun. This jury used
their common sense and listened closely to what we put before
them.”
The boy’s mother, Barbour’s live-in girlfriend,
testified she was at work as a nurse in Sherman all day and when
she returned to their Paris home and made dinner, she found her
son unresponsive with blue lips and eyelids.
A nurse testified the victim’s temperature was 87 degrees
when he arrived at Paris Regional Medical Center by ambulance.
Paris pediatrician Dr. Ed Clark said the bruising found on
various locations on the boy’s body was “clearly abuse”
and that morphine was found in his system.
Clark sent the boy to Children’s Medical Center where
child abuse trauma expert Dr. Matthew Cox treated him.
Both Clark and Cox said the boy was almost dead.
“Without the excellent work and response time from Paris
EMS, the Paris hospital and their nurses, Dr. Clark and then
the folks at Children’s Medical Center, this kid would have
died,” Young said.
The boy testified at the trial of numerous nighttime beatings
from Barbour and said Barbour gave him a bad-tasting liquid medicine
in a spoon on the day of the incident. He said he remembered
nothing after that before waking up in the hospital.
Paris Police Sgt. Shane Boatwright told the jury he traveled
to the Dallas hospital where he interviewed the boy’s mother
and Barbour. A Dallas nurse testified each time Barbour would
enter the boy’s intensive care unit room, the boy’s
blood pressure would go up 20 points and the pulse “would
skyrocket.”
Assistant prosecutor Marilee Bown said in her closing argument:
“There is no one else that could have hurt this child. All
arrows point to Trent Barbour.”
The boy’s mother told the jury she did not believe Barbour
abused her child but offered no explanation how the morphine
was found in his system and could not explain the bruising other
than to say she had spanked the boy recently.
The mother has lost custody of the boy and another child.
Barbour was represented by defense attorney Talmadge Nix of
Sherman.
FOR IMMEDIATE RELEASE
November 8, 2007
Man guilty of child abuse gets 20 years in prison
A Paris man was ruled guilty by a jury Wednesday for physically
abusing his girlfriend's child and 62nd District Judge Scott
McDowell sentenced him to 20 years in prison.
Anthony Trent Barbour, 27, was charged with two counts of
injury to a child from the July 2006 incident that sent the near-dead
8-year-old boy to Children's Medical Center in Dallas via helicopter
with a morphine overdose and severe bruising.
"We don't get many jury trials involving a physical abusive
beating of a child. Most of the time the evidence is circumstantial
and there's not necessarily a smoking gun. This jury used their
common sense and listened closely to what we put before them,"
said Lamar County and District Attorney Gary Young.
The boy's mother, Barbour's live-in girlfriend, testified
she was at work as a nurse in Sherman all that day and when she
returned to their Paris home and made dinner, she found her son
unresponsive with blue lips and eyelids. A nurse testified the
victim's temperature was 87 degrees when he arrived at Paris
Regional Medical Center by ambulance.
Paris pediatrician Dr. Ed Clark said the bruising found on
various locations on the boy's body was "clearly abuse"
and that morphine was found in his system. Clark sent the boy
to Children's Medical Center where child abuse trauma expert
Dr. Matthew Cox treated him. Both Clark and Cox said the boy
was almost dead.
"Without the excellent work and response time from Paris
EMS, the Paris hospital and their nurses, Dr. Clark and then
the folks at Children's Medical, this kid would've died,"
Lamar County and District Attorney Gary Young said.
The boy testified to numerous nighttime beatings from Barbour
and said Barbour gave him a bad-tasting liquid medicine in a
spoon on the day of the incident. The boy said he remembered
nothing after that before waking up in the hospital.
Paris police Sgt. Shane Boatwright told the jury he traveled
to the Dallas hospital where he interviewed the boy's mother
and Barbour. A Dallas nurse testified that each time Barbour
would enter the boy's intensive care unit room, the boy's blood
pressure would go up 20 points and his pulse "would skyrocket."
Assistant prosecutor Marilee Brown said in her closing argument:
"There is no one else that could've hurt this child. All
arrows point to Trent Barbour."
The boy's mother told the jury she did not believe Barbour
abused her child but offered no explanation how the morphine
was found in his system and could not explain the bruising other
than to say she had spanked the boy recently. The mother has
since lost custody of the boy and another child. Prosecutors
alleged the mother stole morphine from her various medically-related
employers.
Barbour received 20 years on one count and 10 years on the
other, with the sentences to run concurrently. The jury ruled
the morphine was a deadly weapon which demands Barbour serve
a minimum half of his sentence before parole eligibility.
Barbour was represented by defense attorney Talmadge Nix of
Sherman.
Merritt nets 40-year sentence
Staff reports
Special to The
Paris News
Published October 23, 2007
A drug dealer who prosecutors say was nabbed with the most
methamphetamine in any bust in the Paris area was handed a 40-year
sentence Monday by 6th District Judge Jim Lovett.
Jeffery Duane Merritt, 39, of Blossom, was previously sentenced
in the federal system and is currently serving a 10-year sentence
for conspiracy to distribute meth. Judge Lovett added 40 years
state time to run when Merritt’s federal time has concluded.
Merritt also received seven years for a possession charge, which
he will serve after the 40 year sentence concludes.
Merritt must serve a minimum 25 years on the sentence due
to the finding he had intent to distribute methamphetamine in
a drug free zone.
“It can get confusing as to how long he will sit in prison,”
first assistant district attorney Bill Harris said. “Essentially,
he’s looking at a minimum of 35 more years in prison.”
Merritt has already served two years of his 10 year federal sentence.
Merritt and accomplices were apprehended at a local motel
in 2005 by Paris Police Department officers who testified Monday
they confiscated approximately 175 grams of methamphetamine packaged
for quick sale and delivery, Harris said. In addition, approximately
$2,500 cash and hundreds of plastic bags were seized.
“Officers received information that Merritt was making
several trips to Dallas every week buying large quantities of
meth to bring back to Paris to sell. It was clear from the evidence
in the motel room they intended to do a large amount of business
for a long time,” Harris said.
While on patrol, Officer David Whitaker saw a suspicious vehicle
in the motel parking lot, according to district attorney Gary
Young.
“I think Officer Whitaker did what a good cop does,”
Young said. “He followed his suspicions based on his training
and experience and cracked opened a major operation. Without
Officer Whitaker, Merritt’s criminal activity would’ve
gone undetected.”
Testimony in Monday’s trial was that the drugs seized
had a street value in excess of $20,000. An officer testified
Merritt had been in this business for many years.
Young said normally a defendant prosecuted in the federal
system does not face simultaneous prosecution on state charges.
“But Merritt got an insufficient federal sentence to satisfy
us. So this was the first case for us to exercise dual state-federal
prosecution efforts,” Young said.
Merritt’s criminal history in Lamar County dates back
to 1992 with various misdemeanors ranging from unlawfully carrying
a weapon to assault and possession of marijuana.
Merritt was represented by defense attorney George Preston.
FOR IMMEDIATE RELEASE
October 22, 2007
Meth dealer gets 40 years for 175 grams
A drug dealer who prosecutors say was nabbed with the most
methamphetamine in any bust in the Paris area was handed a 40-year
sentence Monday by Sixth District Judge Jim Lovett.
Jeffery Duane Merritt, 39 of Blossom, was previously sentenced
in the federal system and is currently serving a 10-year sentence
for conspiracy to distribute meth. Judge Lovett added 40 years
state time to run when Merritt's federal time has concluded.
Merritt also received seven years for a possession charge, which
he will serve after the 40 year sentence concludes.
Merritt must serve a minimum 25 years on the sentence due
to the finding he had intent to distribute methamphetamine in
a drug free zone.
"It can get confusing as to how long he will sit in prison,"
First Assistant District Attorney Bill Harris said. "Essentially,
he's looking at a minimum of 35 more years in prison." Merritt
has already served two years of his 10 year federal sentence.
Merritt and accomplices were apprehended at a local motel
in 2005 by Paris Police Department officers who testified Monday
they confiscated approximately 175 grams of methamphetamine packaged
for quick sale and delivery, Harris said. In addition, approximately
$2,500 cash and hundreds of plastic baggies were seized.
"Officers received information that Merritt was making
several trips to Dallas every week buying large quantities of
meth to bring back to Paris to sell. It was clear from the evidence
in the motel room they intended to do a large amount of business
for a long time," Harris said.
While on patrol, Officer David Whitaker saw a suspicious vehicle
in the motel parking lot, according to District Attorney Gary
Young. "I think Officer Whitaker did what a good cop does,"
Young said. "He followed his suspicions based on his training
and experience and cracked opened a major operation. Without
Officer Whitaker, Merritt's criminal activity would've gone undetected."
Testimony in Monday's trial was that the drugs seized had
a street value in excess of $20,000. An officer testified Merritt
had been in this business for many years.
Young said normally a defendant prosecuted in the federal
system does not face simultaneous prosecution on state charges.
"But Merritt got an insufficient federal sentence to satisfy
us. So this was the first case for us to exercise dual state-federal
prosecution efforts," Young said.
Merritt's criminal history in Lamar County dates back to 1992
with various misdemeanors ranging from unlawfully carrying a
weapon to assault and possession of marijuana.
Merritt was represented by defense attorney George Preston.
Charges dismissed in Daniel Hart
assault case
By Bill Hankins
The Paris
News
Published October 19, 2007
DETROIT — Aggravated assault with a deadly weapon charges
have been dismissed against a Detroit Independent School District
trustee over an alleged attack against his brother-in-law.
Daniel Wade Hart, 41, was arrested June 5 by Lamar County
Sheriff’s deputies.
This week, a district court judge dismissed the charge at
the request of Lamar County and District Attorney Gary Young.
The case was dismissed after the alleged victim filed an affidavit
of non-prosecution.
“We often find out more detailed information about a
case even after indictment,” Young said. “Following
the arrest and the grand jury’s true-bill, witnesses and
the victim were further interviewed and it became clear this
was a family dispute that appeared much more serious than it
may have been on the night of the incident and arrest.”
Hart’s wife is employed by the Detroit school district.
“I would like to apologize to my community for being
in this situation,” said Hart after the dismissal. “I
feel I make good decisions for Detroit Independent School District
and for the taxpayers and for education.”
BBC in Paris
By Mary Madewell
The Paris
News
Published October 17, 2007
British Broadcasting Corporation commentator Julian ‘O
Halloran remained closed lipped Tuesday about what BBC planned
to air Oct. 30 about Paris in Great Britain.
The British commentator was in town to do several interviews,
including one with Paris Independent School District and another
with district/county attorney Gary Young.
The radio broadcast is aired immediately following the British
broadcast via Internet all over the world.
The BBC correspondent interviewed PISD attorney Dennis Eichelbaum
and Young in two separate interviews Tuesday as well as visited
Paris High School during his one-day visit to Paris. He also
did several other undisclosed interviews during the day.
Speculation is that O’Halloran plans to deliver commentary
about the Shaquanda Cotton case and perhaps other presumed “racially
charged” incidents in the United States.
Cotton was given indeterminate confinement in a Texas Youth
Commission facility after a Lamar County jury found her guilty
in March 2006 of assaulting a Paris High School teacher assistant.
Demonstrations occurred in Paris in the spring of this year
organized by Concerned Citizens for Racial Equality and assisted
by several out-of-town organizations.
Cotton was one of about 500 youth released from the scandel-ridden
agency in April after several guards were charged with sexual
abuse. There has been no claim that Cotton was one of the assaulted
teens.
O’Halloran said prior to an 8 a.m. interview at the PISD
administration office with the district’s attorney that
he had visited a Texas Youth Commission facility near Fort Worth
on Monday.
After asking a Paris news reporter to allow him an exclusive
interview with the district attorney, O’Halloran said he
would speak with the media later in the day.
But at 5 p.m. following about an hour-long interview with
Young at the Lamar County Courthouse, O’Halloran recanted,
saying he had learned from BBC headquarters in London that he
could not speak about an upcoming broadcast.
“I can speak with you after it airs,” O’Halloran
said. Attempts to reach BBC Tuesday night and earlier today failed.
But both Eichelbaum and Young gave insight about what may
be in the program.
The PISD attorney said O’Halloran focused mainly on an
investigation of the district by the U.S. Department of Education
Office of Civil Rights.
He asked what it means that the civil rights office did a
larger review of the district as the result of so many complaints,
Eichelbaum recalled.
“I said when the same people keep complaining and the
office of civil rights keeps finding no discrimination what more
can we ask,” Eichelbaum related. “We open the books
every time and they come back and tell us there is no evidence
of discrimination.”
A second on-site review of the district was conducted in May,
according to assistant superintendent Robert High. To date, the
district has received no follow up communication about the review
but earlier decisions have been in the district’s favor.
Eichelbaum said O’Halloran continued to emphasize term
“no sufficient evidence.”
“If there is not sufficient evidence to confirm discrimination,
that means there is not evidence of discrimination,” Eichelbaum
said.
Eichelbaum gave his assessment of the interview.
“He’s got a certain way he wants to frame his story,
but we kept going back to the fact that the office of civil rights
found no discrimination,” Eichelbaum said.
The attorney said the British correspondent focused more on
the civil rights office investigation than on Cotton.
“They did give us the opportunity to say at the end if
Mrs. Cotton (Creola Cotton) would let us open the books we would
love for the public to see the whole record,” Eichelbaum
said.
Public schools are forbidden to release student records without
parental consent and are limited in what they can say about a
juvenile situation. The only records available to the public
without the mother’s consent are trial documents and records
released by the U.S. Department of Education, which removes references
to juvenile names.
One question O’Halloran did answer from the local media
was had he requested information from the U.S. Department of
Education Civil Rights Office.
“No,” O’Halloran said. “We’ve had
a quick turn around on this story — about three weeks.”
Young said O’Halloran “wanted to focus on this as
a minor offense.”
“He seemed a bit confused that Texas has guilt, innocence
and punishment,” Young said. “A jury found her guilty
and punishment takes into consideration what someone has done
in the past.”
“This girl had done a bunch of bad things,” Young
said.
“I told him if Mrs. Cotton would release our records,
I would be glad to give him a copy,” Young said. “So
far she won’t release the school records and the sealed
records here. I think everything should be released.”
Young said people can look at any case and judge it after
the fact.
“Could things have been done differently?” he said.
“Yes, she could not have gotten in trouble 20 days out of
45 calendar days prior to this situation. She could have not
threatened to burn down the school, she could have not gotten
in a fight and she could not have threatened to punch a teacher
in the nose.”
Young said the outcome of the Shaquanda Cotton case is still
to be seen.
“If her behavior has changed and she doesn’t do
anything like this again, then we did the right thing without
question,” Young said. “Without it, she was not going
to do the right thing.
“I hope she goes on and does well,” Young concluded.
Texas appeals court reviews three
cases
By Bill Hankins
The Paris News
Published September 28, 2007
Three Lamar County convictions have been affected by appeals
court decisions that in some cases reversed the reversals of
a lower appeals court.
The Texas Court of Criminal Appeals has reversed two counts
of a three-count conviction against Orian Scott, charged in 2005
with multiple counts of sexual performance by a child, possession
of child pornography and producing child porn.
Court records show Scott hired three teenage boys to do various
tasks around his home, which included yard work, painting and
bathing his dogs. He treated the boys to dinners and movies if
they would “get cleaned up” by taking baths after their
work.
Scott had installed a hidden video camera in the guest bathroom
and taped the boys in the shower.
He was charged with nine offenses in three counts, one for
inducing a sexual performance by a child by actual lewd exhibitions,
two by producing a sexual performance by a child, and three possession
of child pornography.
The first appeals court reversed the conviction on all three
counts, but the Texas Court of Criminal Appeals then reversed
the reversal of counts two and three and affirmed the trial court’s
judgments as to each count.
Count one remains reversed and remanded back to the trial
court.
Scott received 60 years on count one, and thirty years each
on counts two and three.
In a second appeals court decision, the court refused to review
a case brought by Daniel Remsburg.
Remsburg was charged in 2005 in Lamar County of aggravated
assault against a public servant, evading arrest or detention
and burglary of a building.
In that case, Remsburg allegedly after a traffic stop put
his car in reverse, catching Texas Department of Public Safety
trooper Greg Wilson in the open door and dragging him.
Remsburg received 30 years in the case, and the appeals court
refused to review the lower court’s decision.
In still another appeals court decision, The Sixth Court of
Appeals in Texarkana reviewed a driving while intoxicated conviction
brought by Leslie Goodman, who claimed Lamar County Attorney
Gary Young should not have prosecuted his case due to prior representing
him as his defense attorney.
The appeals court agreed with Young that no harm was done
to Goodman as a result of Young’s prior representation.
Robbery suspects enter pleas
By Bill Hankins
The Paris
News
Published September 16, 2007
One of two suspects in the botched robbery attempt earlier
this summer of the Speedy Cash store on Lamar Avenue has offered
a guilty plea and been sentenced to seven years in the Texas
Department of Criminal Justice.
Dierdric Darnell Dorsey, 29, Friday pleaded guilty to robbery
and was sentenced by 62nd District Court Judge Scott McDowell
to seven years.
A second suspect, Derrick Deshaun Ransome, told Lamar County
and District Attorney Gary Young he would plead guilty, but changed
his mind Friday at the courthouse and backed out of the plea
agreement.
Ransome is asking for a jury trial. His defense attorney is
George Preston.
“A jury trial is certainly Mr. Ransome’s right and
he will get one,” said Young.
The robbery occurred in July, when two men burst into the
Speedy Cash store demanding money.
When one of the men lunged at the clerk, she pulled a pistol
from under her desk and began firing. The two suspects fled.
Witnesses who heard the gunshots followed the suspects and
police quickly rounded up one, but spent several days before
finding the second suspect.
Two-hour deliberation returns
true verdict
Staff reports
Special to The
Paris News
Published September 7, 2007
A 17-year-old was sentenced to 10 years incarceration Thursday
in the Lamar County Courtroom of 62nd District Judge Scott McDowell
for the sexual assault of a family member.
The defendant’s name was not released due to his age
at the time of the offense.
He was charged with eight counts of aggravated sexual assault
of a child.
Two relatives, both children, brought accusations of being
raped by the juvenile boy, but the jury only found him to have
committed the acts against one of the victims. Jurors returned
a verdict Wednesday.
“In juvenile law, you’re either found ‘true’
or ‘not true’ of the offenses alleged in a petition,”
said assistant county and district attorney Marilee Brown. “We
don’t refer to them as ‘guilty’ or ‘not guilty,’
but it is essentially the same thing. This juvenile was found
true to the delinquent conduct, and he did some unspeakable things
to these children.”
It took the eight-woman, four-man jury more than two hours
of deliberation Wednesday before returning their true verdict.
The victims, ages 6 and 8, testified, as did Paris Police
Sgt. Shane Boatwright, sexual assault nurse Nikki Norton, child
protective services worker Deanna Nickerson, and children’s
advocacy center forensic interviewer Rebecca Futral.
The defendant also testified and told the jury he did not
sexually assault the children, and that he was rarely left alone
with them.
Testimony showed the defendant had no stable home life, moved
frequently and had dropped out of school.
In the punishment phase Thursday, chief juvenile probation
officer Darrell Bruce said the juvenile had failed to comply
with a previous probation for truancy and had been uncooperative
with the rules in any home he had lived with extended family.
Bruce recommended incarceration. The defense asked for probation
or 3-5 years incarceration.
Lamar County and District Attorney Gary Young asked for 20
years.
The boy was remanded to the custody of the Texas Youth Commission.
McDowell told him he would be brought back before the court
before his 21st birthday “to see what happens.”
He could then be transferred to the Texas adult prison system
to serve the remainder of the sentence.
Defense attorney Ben Massar represented the juvenile.
FOR IMMEDIATE RELEASE
September 6, 2007
Juvenile gets 10 years for raping child
A juvenile male was convicted Wednesday for sexually assaulting
a family member and 62nd District Judge Scott McDowell sentenced
him to 10 years incarceration Thursday.
The defendant, who is now 17 but whose name was not released
due to his age at the time of the offense, was charged with eight
counts of aggravated sexual assault of a child. Two relatives,
both children, brought accusations of being raped by the juvenile
boy but the jury only found him to have committed the acts against
one of the victims.
"In juvenile law, you're either found 'true' or 'not
true' of the offenses alleged in a petition. We don't refer to
them as 'guilty' or 'not guilty', but it's essentially the same
thing," said assistant county and district attorney Marilee
Brown. "This juvenile was found true to the delinquent conduct,
and he did some unspeakable things to these children."
It took the eight-woman, 4-man jury more than two hours of
deliberation into evening hours Wednesday before returning their
true verdict. The victims, ages six and eight, testified, as
did Paris Police Sgt. Shane Boatwright, sexual assault nurse
Nikki Norton, child protective services worker Deanna Nickerson,
and children's advocacy center forensic interviewer Rebecca Futral.
The defendant juvenile also testified and told the jury he
did not sexually assault the children, and that he was rarely
left alone with them. Testimony showed the juvenile had no stable
home life, moved frequently, and had dropped out of school.
In the punishment phase Thursday before Judge McDowell, chief
juvenile probation officer Darrell Bruce said the juvenile had
failed to comply with a previous probation for truancy and had
been uncooperative with the rules in any home he'd lived in with
extended family. Bruce recommended incarceration. The defense
asked for probation for the juvenile or 3-5 years incarceration.
Lamar County and District Attorney Gary Young asked for 20 years.
The boy was remanded to the custody of the Texas Youth Commission.
Judge McDowell told him that he would be brought back before
the court before his twenty-first birthday "to see what
happens." Prosecutors anticipate the juvenile will be transferred
to Texas' adult prison system to serve the remainder of his sentence.
Defense attorney Ben Massar represented the juvenile.
FOR IMMEDIATE RELEASE
August 24, 2007
Meth dealer gets 22 years
A Paris man pleaded guilty Friday to delivering methamphetamines
and received a 22-year prison sentence.
Rusty Shawn McDougal, 33, appeared before Lamar County Court-at-Law
Judge Deane Loughmiller with a guilty plea to Delivery of a Controlled
Substance, namely methamphetamine of more than four but less
than 200 grams.
Reports indicate a confidential informant working for the
narcotics division of the Paris Police Department and the Lamar
County Sheriff's Office was contacted by McDougal in February.
Reports state McDougal offered to deliver six grams of methamphetamine
and
later arrived at a residence where he sold three plastic baggies
containing the illegal drug to the confidential informant for
$300.
McDougal also told the informant, according to reports, that
he could get an additional three grams of meth and would sell
that to the informant, as well. Officers said McDougal returned
fifteen minutes later and sold the additional drugs to the informant,
with officers arresting him immediately after.
McDougal has a prior felony conviction for aggravated assault
with a deadly weapon and misdemeanor convictions for unlawfully
carrying a weapon and possession of marijuana. He was represented
by defense attorney George Preston.
First Assistant Lamar County and District Attorney Bill Harris
prosecuted the case and said, "This is an example of great
work by Officer Leigh Foreman of Paris police and Anson Amis
of the sheriff's office. Thanks to the hard work of these, and
other, officers there are less drug dealers pushing meth on our
streets."
Guilty of animal cruelty
Staff reports
Special to The
Paris News
Published August 23, 2007
A misdemeanor Lamar County jury Tuesday found a 61-year-old
Paris man guilty of animal cruelty.
The man pleaded to a two-year probated sentence after the
jury deliberated 45 minutes. He faced up to one year in county
jail, but waived his right to appeal as a condition of probation.
Cited numerous times by City of Paris Animal Control for boarding
a large number of dogs at his home in southeast Paris, the man
was the subject of routine calls from neighbors who complained
of animal odors, noise and what they described as poor living
conditions.
The man appealed municipal court convictions to Lamar County
Judge Chuck Superville’s court. Assistant Lamar County Attorney
Marilee Brown filed animal cruelty charges after reviewing evidence.
In proceedings leading up to this week’s trial, Justice
of the Peace Cindy Ruthart ruled in favor of a seizure warrant
and ordered the man to limit the number of dogs he owned.
The jury heard evidence this week from animal control officer
Emmitt Teakell, Lt. Danny Huff of the Paris Police Department
and members of the McKinney branch of the Society for the Prevention
of Cruelty to Animals who were called to gather more than 30
dogs from the man's home in November 2006. Dogs were found to
be living in poor conditions with multiple health problems.
Assistant County Attorney Jill Drake prosecuted the case.
The man was represented by Paris defense attorney George Preston.
FOR IMMEDIATE RELEASE
August 22, 2007
Jury finds dog hoarder guilty
A misdemeanor Lamar County jury Tuesday found a Paris man
guilty of animal cruelty.
Donald Gore, 61, pleaded to a two-year sentence of probation
after the jury deliberated for 45 minutes. He faced up to one
year in county jail. Gore waived his right to appeal as a condition
of probation.
Gore was cited numerous times by City of Paris Animal Control
for hoarding a large number of dogs at his home in southeast
Paris. Neighbors routinely complained of animal odors, noise,
and what they described as poor living conditions.
Gore appealed municipal court convictions to Lamar County
Judge Chuck Superville's court. Assistant Lamar County Attorney
Marilee Brown filed animal cruelty charges after reviewing evidence.
In proceedings leading up to this week's trial, Justice of
the Peace Cindy Ruthart ruled in favor of a seizure warrant and
ordered Gore to limit the number of dogs he owned.
The jury heard evidence this week from animal control officer
Emmitt Teakell, Lt. Danny Huff of the Paris police, and members
of the McKinney branch of the Society for the Prevention of Cruelty
to Animals who were called in to gather more than thirty dogs
from Gore's home in November 2006. Dogs were found to be living
in poor conditions with multiple health problems.
Assistant county attorney Jill Drake prosecuted the case.
Gore was represented by Paris defense attorney George Preston.
Paris youth sent to adult prison
system
Staff reports
The Paris
News
Published August 1, 2007
A Paris youth adjudicated for manslaughter has been ordered
transferred from state juvenile facilities to the adult prison
system due to his poor behavior.
Kenyier Norris, 16, was given an 11-year determinate sentence
to the Texas Youth Commission for the 2004 death of a 13-year-old
girl.
Police reports state Norris and another juvenile were playing
with a gun in a reckless manner which they knew could cause serious
bodily harm or death.
After the victim was shot, reports say the youths hid the
gun and did not report the death.
Norris has been in TYC facilities 37 months and has received
216 discipline infractions. He has been placed in security lockup
for more serious, level one problems more than 40 times.
A TYC official testified Tuesday Norris has been such a behavior
problem they are requesting he be transferred now at age 16 to
the Texas Department of Criminal Justice because all their services
have been offered and he has continued to be a danger to himself
and others with no improvement in his correctional therapy.
Among many infractions cited were an assault on another youth
in TYC in April, when Norris beat and kicked the victim’s
head while the victim was lying on the ground.
Visiting state District Judge Webb Biard heard testimony from
Norris, who said he has been acting like a child by continuing
to break the rules, but that he is “frightened and scared”
to go to the adult prison system “with grown men.”
Assistant County and District Attorney Marilee Brown asked
Norris why he should be allowed to return to juvenile facilities,
and Norris said, “Because I’m going to change.”
Defense attorney David Turner referred to Norris as a “boy”
and a “child” who is someday going to return to Lamar
County.
“It might be when he’s 24 years old, and we know
the adult prison system is not going to rehabilitate him,”
said Turner. “What do we want to come back to us?”
Judge Biard ordered Norris be transferred to TDCJ “to
serve out the remainder of your sentence.”
FOR IMMEDIATE RELEASE
August 1, 2007
Prison sentences for men who fondled children
Two Lamar County men charged with sexual acts with children
pleaded guilty Tuesday and received prison time.
Billy Wayne Miner, 42 of Pattonville, faced five counts of
aggravated sexual assault of a child and indecency with a child
stemming from incidents in 2006. He received 15 years in prison
in a plea bargain deal with Lamar County and District Attorney
Gary Young.
"It was a good thing here that we got a guaranteed prison
sentence through the plea deal and did not have to put the victim
on the witness stand," Young said.
Miner's victim, a young girl, told interviewers at Children's
Advocacy Center of Paris that Miner had forced her to perform
sexual acts.
Lonnie Ray Seat, 26 of Paris, was on probation from a 2003
charge of indecency with a child and a 2004 charge of evading
arrest. His probation was revoked before visiting state district
judge Webb Biard. Seat had not complied with the sex offender
treatment program, Young said.
Seat received five years in prison. Among prosecutors' concerns
were statements Seat made to a psychologist that women often
falsely accuse men of rape and that victims are usually somewhat
to blame.
"He said women report rape after the fact because they
get mad at the man and are trying to get even or just want attention,"
Young said.
Miner was represented by defense attorney David Turner. Seat
had attorney George Preston as his defense counsel.
FOR IMMEDIATE RELEASE
July 31, 2007
Poor behavior in TYC lands juvenile in adult prison
A Paris youth adjudicated for manslaughter has been ordered
transferred from state juvenile facilities to the adult prison
system due to his poor behavior.
Kenyier Norris, 16, was given an 11-year determinate sentence
to the Texas Youth Commission for the 2004 death of a 13-year-old
girl. Police reports state Norris and another juvenile were playing
with a gun in a reckless manner in which they knew could cause
serious bodily harm or death. After the victim was shot, reports
state the youths hid the gun and did not report the death.
Norris has been in TYC facilities for 37 months and has received
216 discipline infractions and has been placed in security lockup
for more serious, level one problems more than 40 times.
A TYC official testified Tuesday Norris has been such a behavior
problem they are requesting he be transferred now at age 16 to
the Texas Department of Criminal Justice because all their services
have been offered and he has continued to be a danger to himself
and others with no improvement in his correctional therapy.
Among many infractions cited were an assault on another youth
in TYC in April where Norris beat and kicked the victim's head
while the victim was lying on the ground.
Visiting state district judge Webb Biard heard testimony from
Norris, who said that he has been acting like a child by continuing
to break the rules, but that he is "frightened and scared"
to go to the adult prison system "with grown men."
Assistant County and District Attorney Marilee Brown asked Norris
why he should be allowed to return to juvenile facilities and
Norris said, "Because I'm going to change."
Defense attorney David Turner referred to Norris as a "boy"
and a "child" who is someday going to return to Lamar
County. "It might be when he's 24-years-old, and we know
the adult prison system is not going to rehabilitate him. What
do we want to come back to us?" Judge Biard immediately
pronounced Norris be transferred to TDCJ "to serve out the
remainder of your sentence. Next case, please."
Member of ‘Crips’ sentenced
to 18 years
By Bill Hankins
The Paris
News
Published May 27, 2007
An admitted member of the Dallas “Crips” street
gang was sentenced to 18 years in prison on drug charges Friday
by 6th District Court Judge Jim Lovett.
Keith Mann, 20, faced three charges of possession of a controlled
substance with intent to deliver cocaine more than 4 grams but
less than 200 grams and felony possession of marijuana from a
2005 arrest. An additional charge of possession of a controlled
substance less than 1 gram stemmed from a case in October 2004.
Mann waived his right to a jury trial, pleaded guilty and
asked the judge to set punishment.
Paris Police officers were called to an apartment complex
to investigate possible narcotic activity in April 2005.
When officers smelled the odor of marijuana coming from a
vacant apartment, they entered and searched the apartment.
Officers testified they found a large quantity of crack cocaine,
marijuana, money, a loaded gun and a police scanner.
Mann has numerous prior convictions for felon in possession
of a weapon, possession of marijuana, and making a terroristic
threat, Bill Harris, first assistant Lamar County District Attorney,
said.
He was defended by attorney Ben Massar.
FOR IMMEDIATE RELEASE
May 25, 2007
Judge gives 18 years prison despite mother's cry for mercy
An admitted member of the Dallas "Crips" street
gang was sentenced to 18 years in prison on drug charges Friday
by state district judge Jim Lovett.
Keith Mann, 20, faced three charges: possession of a controlled
substance with intent to deliver cocaine more than 4 grams but
less than 200 grams and felony possession of marijuana from a
2005 arrest. An additional charge of possession of a controlled
substance less than one gram stemmed from October 2004.
Mann has numerous prior convictions for felon in possession
of a weapon, possession of marijuana, and terroristic threat
"where he threatened to kill an elderly gentleman,"
said Bill Harris, First Assistant Lamar County and District Attorney.
"He has been a gun-toting career criminal since the age
of 14," Harris said.
Paris police were called to an apartment complex to investigate
suspicious and possible narcotic activity in April 2005. Officers
smelled the odor of marijuana coming from a vacant apartment
where Mann was with an accomplice, according to the offense report.
Officers testified they searched the apartment and found a large
quantity of crack cocaine, marijuana, money, a loaded gun, and
a police scanner.
Mann waived his right to a jury trial, pleaded guilty, and
asked the judge to set his punishment. The defendant and his
mother asked the judge for mercy, with the mother acknowledging
her son's numerous law enforcement troubles.
Mann was defended by attorney Ben Massar.
Court hears Cotton appeal
By Mary Madewell
The Paris News
Published May 10, 2007
Local defense attorney Gary Waite asked a 6th District Court
of Appeals panel Wednesday to overturn a Lamar County Court verdict
in the March 2006 case of Shaquanda Cotton, then 14 and a Paris
High School student.
Waite based his appeal on inadequate defense by Cotton's Dallas-based
attorney Wesley Newell. Following the 2006 trial, Newell was
dismissed by his client’s mother and County Judge Chuck
Superville appointed Waite to the case as a public defender.
Now 15 and still a juvenile, Cotton was referred to as SC
during Wednesday’s hearing.
Cotton was found guilty by a jury of an attack on a public
servant for pushing a Paris High School teacher’s assistant.
Superville gave her an indeterminate sentence to the Texas Youth
Commission.
The case drew national attention earlier this year when an
article on the case appeared in the March 12 edition of The Chicago
Tribune. In response, civil rights activists from the Metroplex
staged several protest rallies in Paris.
Cotton was released March 31 from TYC, the first of several
hundred youth released after accusations of abuse surfaced about
the troubled agency. No evidence of abuse during her stay has
surfaced.
Waite argued Wednesday that Newell neglected to adequately
prepare for his client’s case, talking to her briefly one
time on the telephone and again the day of the trial. Waite said
Newell did not interview defense witnesses prior to trial.
In answer to a question from Justice Jack Carter about whether
not talking to witnesses prior to trial might have been a tactical
strategy to avoid the presumption of coaching, Waite replied
he did not think the jury was impressed. He added that by not
talking to witnesses, Newell was unprepared to adequately examine
them.
“It was not very compelling testimony,” Waite said
of defense questioning of witnesses. “It did not get the
appellant story out in any meaningful way, and there certainly
was a story to tell there.”
Marilee Brown, Lamar County assistant county/district attorney,
represented the state during the hearing.
In arguing the state’s case, Brown countered that Newell
received adequate information during the discovery process prior
to trial, including written statements from witnesses.
“Newell stated in pretrial that he did talk to witnesses
just before trial,” Brown said. “He said he asked them
if they were going to be able to recall the facts."
Brown also argued that Newell stated he talked briefly with
SC and several times with the girl’s mother .
“He presented his three witnesses, but the jury chose
not to give them any credibility,” Brown said. “Mr.
Newell did the very best with what he had, and that was a very
brief incident where SC pushed a teacher.”
Cotton’s mental capacity became the focus of both the
defense and prosecution’s arguments.
Waite argued that by not knowing his client better, he could
not assess her mental ability to stand trial.
Referring to medical records, Waite said “virtually every
page shows she suffers from some mental incapacity — Attention
Deficit Disorder, depression and other things.”
“She needed to be evaluated by a mental health expert,”
Waite said. Cotton did not testify during the trial.
Waite talked about arguments during two other hearings before
the appeals court — a motion for a new trial and a bond
hearing for Cotton’s release during the appellate process
for a new trial.
“Her medical records are a part of that bond hearing,”
Waite said, relaying that the local pediatrician treating SC
told Newell she would be a reluctant witness, something Waite
argued was common with physicians.
“Newell said during the hearing for a new trial that
this child did not have the mental capacity to know what she
was doing,” Waite said.
Chief Justice R. Morris III questioned Waite about ADHD being
an incapacitating condition.
“To my lay ear that does not sound like incapacity,”
Morris said.
“It can be,” Waite answered, referring to a case
in Massachusetts in which a court reversed a decision based on
inadequate council because a defense attorney did not raise the
ADHD issue at trial.
The defense argued that Cotton's mental capacity raised two
points, the first being that SC's condition as a juvenile with
ADHD and other mental conditions should have kept her from standing
trial.
“Records show there was diminished capacity; that she
could not reform her actions to the requirements of the law or
that she didn’t know what she was doing,” Waite said
of his second point.
Morris further questioned Waite.
“Don’t you have to get to the point of demonstrating
to us that it made a difference in the case that the defendant
was harmed by a substandard representation by her lawyer,”
Morris asked.
“I believe I have shown there is a reasonable probability
that the court action would have been different but for the actions
of the attorney,” Waite said. “I believe I have done
that.”
In presenting the state’s argument, Brown said she had
a copy in her brief before the court of a letter from the appellant’s
physician stating that SC did not have a debilitating illness.
“She does not have any sort of mental incapacity that
would enable her to participate in her defense or conform her
conduct to the rules,” Brown said.
In presenting a mental incapacity defense, Brown said Newell
would have petitioned the court for a mental hearing, an action
that would require an expert testify that SC meet mental incapacity
thresholds.
“I am sure Mr. Newell knew there was no way he could
meet that threshold and that obtaining an expert would be a waste
of resources,” Brown said.
Waite further stated Newell failed to present an adequate
case of self defense, arguing SC was treated for an injury as
a result of the incident.
“The state just hammered him into the ground and yet
he did not bring forth any medical records — and there were
medical records,” Waite argued. He informed the court that
a letter from a physician said SC was treated for neck injuries.
Brown argued there were no injuries and that SC had a history
of accusing school officials of assault.
“She has stated to police that she was assaulted by an
alternative school principal, but there is a video showing that
did not happen,” Brown offered, adding that those records
are included in her hearing brief.
About injuries, Brown said medical records were not introduced
during the trial and a Paris police officer testified that he
spoke with SC at a hospital emergency room and did not observe
injuries.
Waite also argued that Newell was so unfamiliar with juvenile
law that he did not realize an offer of two years at TYC was
an impossibility.
“You can only get an indeterminate sentence at TYC,”
Waite said.
The attorney also argued the state in their charge referred
to the assistant as a school teacher and questioned if the assistant
should be considered a public servant.
“When you call somebody something, you have to prove
it,” Waite said.
Brown presented case law recognizing any school employee as
a public servant.
Sex offender headed back to jail
Staff reports
The Paris
News
Published May 9, 2007
A Deport sex offender who failed to tell deputies where he
moved and about a change of employment will do prison time.
Curtis Mantooth Jr., 43, was found guilty Tuesday by a Lamar
County jury, and 62nd District Judge Scott McDowell sentenced
him to eight years in prison. The maximum Mantooth faced was
10 years.
Sheriff’s investigator Travis Rhodes told the jury Mantooth
was living in another location than his registered address and
had changed jobs without notifying proper authorities, resulting
in his September 2006 arrest. Mantooth said on the stand he had
forgotten to notify Rhodes of the changes.
Mantooth was previously convicted on a 1990 sexual offense
involving a child, for which he received seven years in prison,
and in 2000 he was given probation for failing to register. He
failed to register again in 2004 and received two years in prison.
He had been out of prison less than three months in 2006 before
violating registration laws a third time.
Lamar County and District Attorney Gary Young also noted the
recent sentence of another child sex offender, Henry Milam, 60,
of Paris.
Milam pleaded guilty in late April to the 2005 sexual assault
of a child and received five years in prison.
“Milam’s sentence was essentially a death sentence
because he’s in very ill health and will most likely die
in prison,” Young said.
May 8, 2007
For Immediate Release
Sex offender fails to register, gets prison again
A Deport sex offender failed to tell deputies where he moved
and his change of employment and will now do prison time.
Curtis Mantooth Jr., 43, was found guilty Tuesday by a Lamar
County jury and 62nd District Judge Scott McDowell sentenced
him to eight years in prison. The maximum Mantooth faced was
10 years.
Sheriff's investigator Travis Rhodes told the jury Mantooth
was living in another location than his registered address and
had changed jobs without notifying proper authorities, resulting
in his September 2006 arrest. Mantooth admitted on the stand
that he was in violation of sex offender registration requirements,
but that he had forgotten to notify Rhodes of the changes.
Mantooth was previously convicted on a 1990 sexual offense
involving a child, for which he received seven years in prison,
and later was given probation for failing to register in 2000.
He failed to register again in 2004 and received two years in
prison. He had been out of prison less than three months in 2006
before violating the registration laws a third time.
"From what we were told, people in the Deport area were
scared of him," said Lamar County and District Attorney
Gary Young.
Young also noted the recent sentence of another child sex
offender, Henry Milam, 60, of Paris. Milam pleaded guilty in
late April for the 2005 sexual assault of a child and received
five years in prison.
"Milam's sentence was essentially a death sentence because
he's in very ill health and will most likely die in prison,"
Young said.
Two local cases reversed
By Bill Hankins
The Paris
News
Published April 18, 2007
Court of Appeals of the Sixth Appellate District of Texas
in Texarkana has reversed two Lamar County Court decisions, one
of them in the case of convicted murderer Clark Dewayne Mays.
The drug conviction of Charlie Canida also was overturned.
Mays had pleaded guilty to capital murder in the death of
a 76-year-old Paris woman and was sentenced to serve at least
40 years of a life sentence before he would be eligible for parole.
Canida was found guilty of possession of methamphetamine found
in a jar at a “fish camp” owned by Canida.
It was the Mays case that drew the most attention.
State 6th District Judge Jim Lovett agreed to an offer from
defense attorney Steven Miears of Bonham to plead his client
guilty in exchange for an agreement he could appeal Lovett’s
ruling that barred Miears from arguing Mays was mentally ill
to the extent he could not have had the necessary “intent”
to kill someone.
“My contention is that mental illness is not a defense,
but the insanity is under the law, and I excluded the use of
mental illness in the case,” Lovett said.
The appeals court agreed with Lovett in his assessment of
mental illness not being a defense, but said in reversing the
case: “When the trial court stated that evidence of mental
impairment, short of insanity, was not a defense to the crime,
the court was correct. However, here, all evidence of mental
impairment was excluded for any purpose during the guilt/innocence
stage of the trial. In a murder case, it is possible that evidence
of lesser charges may have been presented (i.e. manslaughter,
negligent homicide). The ruling of the trial court excluding
all mental illness evidence came before the trial started or
the jury had been selected. Conseqently, it could not be determined
at that time if lesser included charges were required. Since
mental illness evidence is at least relevant regarding the possible
lesser included offense mental state requirements (recklesness,
negligence), the trial court erred in the blanket exclusion.”
Lamar County Assistant District Attorney Bill Harris said
he is disappointed in the appellate court’s ruling, but,
“Our case has not been damaged. The issues are the same,
the facts are the same. Nothing has changed. It (the reversal)
is a mild impediment that will slow us down a little, but we
will go forward with the trial against Mays.”
In Canida’s conviction, the state based its case of a
small amount of methamphetamine found in Canida’s trailer
and cooking apparatus and various chemicals used in the drug
manufacturing process found in buildings throughout the fish
camp.
The appeals court ruled: “Although the state can tie
Canida to the trailer (as its owner) to the fish camp and its
environs (as one of its co-possessors), there is factually insufficient
evidence to connect Canida to the methamphetamine for which he
has been charged in this case. We reverse the judgment and remand
the case to the trial court for further proceedings.”
“We are disappointed in the reversal,” said Lamar
County District Attorney Gary Young, “But there is little
we can do about it.”
Canida remains incarcerated, serving a lesser charge resulting
from a small amount of methamphetamine found in his truck at
the time of his arrest.
Concert sheds light on abuse
By Shalina Ramirez
The Paris
News
Published April 11, 2007
Contemporary Christian groups Disciple 13 and Crymson Patchwork
join forces Saturday in a “Concert for Hope,” recognizing
Crime Victims Week and Child Abuse Prevention Month.
The concert takes place from 1 to 3 p.m. at Bywaters Park,
across from Paris Public Library.
“This is not a fundraiser,” says Allan Hubbard,
victim coordinator for Lamar County and District Attorney's office.
“Nothing is for sale. This is a free show to raise awareness
of child abuse and its effects on all of us.”
Disciple 13 plays upbeat music similar to the styles of Hawk
Nelson, Sonic Flood, Third Day, Kutless, and Mercy Me.
The group consists of Darren McIntire, Keanan Guillory, Tim
Holladay and Tait Turnipseed.
“Disciple 13 is a Christian rock and worship band with
an intentional message of truth,” Hubbard said. “They
crank up the energy.”
“Crymson Patchwork's harmonies will astound you and remind
you of the tight-knit vocals of the Andrews Sisters, though the
music is more folk and Christian oriented.”
The band is comprised of three members, LaDonna Davis, Wendy
McNeal and Peyton McMonigle.
The concert is among a series of events organized by local
social service agencies to honor victims of crime and abuse as
well as to draw attention to their plight.
Participating agencies include CASA for Kids, Family Haven,
Children's Advocacy Center, Northeast Texas Opportunities, Adult
and Juvenile Probation, the district attorney's office and Lamar
County's Child Welfare Board.
“There's an underlying message of hope in this show (and
in other events),” Hubbard said. “Hope is what children
who've been abused have to get a fresh start with. Hope is the
springboard for victims of crime to get on with being a survivor.”
Sunday is designated as “Undie Sunday” at area churches.
Attendees are encouraged to collect packages of new underwear
for children removed from their home due to abuse.
“Don't Walk Away from Child Abuse” Week takes place
from April 15-30 with teams walking to raise funds to fight child
abuse.
CASA reads at Paris Public Library April 16-20 with Family
Haven dedicating a memorial wall for the victims of abuse April
25.
CAC unveils a special jungle-themed mural, painted by local
artist Lonnie Pierson, at 6 p.m. April 26 in the organization's
headquarters.
For more information about “Concert for Hope,” call
903-737-2413.
Appeal denied in Davis murder
case
By Bill Hankins
The Paris
News
Published April 1, 2007
Sixth Appellate District Court of Appeals has turned down
an appeal by attorneys for Michael Dewayne Davis, confirming
his conviction and life sentence in a Paris capital murder case.
Davis was convicted in the bludgeoning and strangulation death
of Marvin Davis at Gene’s Flea Market on Northeast Loop
286.
Marvin Davis was found dead in 2004 after a robbery at the
trailer in which he lived on the flea market grounds.
Michael Davis was subsequently arrested and charged with capital
murder in the beating death.
A jury of six men and six women deliberated an hour, finding
Michael Davis guilty of capital murder.
Because the prosecution did not seek the death penalty, there
was no need for the jury to deliberate on punishment.
Davis, 38, got an automatic life sentence.
Judge Jim Lovett in 6th District Court stacked the life sentence
on top of a parole from burglary convictions in 1991 and 1994.
Police patrolman J.D. Simmons found the body of 79-year-old
Marvin Davis (no relation to Michael Davis) about 9 p.m. on Jan.
8, 2004, after friends said they had not seen him since mid-afternoon
the day before.
A medical examiner testified Marvin Davis died from blunt
force trauma and strangulation.
The prosecution introduced Michael Davis’ confession
to the police, in which he said he went to the junk dealer’s
trailer, beat and strangled him and stole $500, which he used
to buy drugs.
The prosecution also produced DNA evidence that linked Michael
Davis to the scene.
Micheal Davis appealed the conviction on the grounds the confession
was obtained after he invoked his right to terminate the interrogation,
that his confession should not have been admitted at trial as
it was obtained pursuant to his arrest under an invalid arrest
warrant and that the trial cout denied his confrontation clause
right by not permitting him to cross-examine two police officers
by employing leading questions.
In confirming the conviction, the appeals court said it found
no error in the issues involving the confession and only error
but no harm in the arrest and subsequent interrogation.
FOR IMMEDIATE RELEASE
March 30, 2007
Number of drug offenders plead guilty, sentenced to prison
Friday
Prosecutors freed up more than a dozen jail-cell beds Friday
in plea bargain hearings, largely occupied by those involved
in drugs in the Paris area.
"We've got some people we've had information on who were
fairly significant drug dealers. They're all now headed to prison
thanks to officers in our Felony Crimes Unit," said Lamar
County and District Attorney Gary D. Young.
Among those pleading guilty Friday before district judge Scott
McDowell was Elijah Woods, 28, who received 15 years and 10 years
to run concurrently for delivery of a controlled substance and
being in possession of crack as a repeat offender.
Tommy Lee Robinson, 21, pleaded to 25 years for aggravated
robbery and engaging in organized crime stemming from an incident
at a Paris motel in October 2006. "He and a co-defendant,
Ontarius Milton, essentially robbed some other suspicious characters,"
Young said. Robinson was also charged with sexual assault of
a child due to his involvement with a local 15-year-old female.
He received 5 years in prison and sex offender registration in
that case.
Stacy Burns, 38, charged with possession of a controlled substance
1-4 grams, received 15 years in prison. Burns has prior convictions
for delivery of crack cocaine.
Kegan Patton, 36, arrested for possession with intent to deliver
4-200 grams was caught with approximately 18 grams of crack cocaine
and was sentenced to 14 years. His co-defendant, Michelle Corprew,
was previously sentenced to 12 years. "Mr. Patton got more
time than Ms. Corprew because while he was out on bond, he was
caught again with drugs," Young said.
Jimmy Lee Nickerson, 40, was caught with approximately 4 grams
of crack and received 10 years in prison. Nickerson has a prior
conviction for aggravated assault. Jimmy Mitchell, 29, on probation
for possession of drugs, was sentenced to 4 years for possession
in a drug free zone. "Mr. Mitchell will have to do four
years day-for-day," Young said.
Roy Porter, 25, charged with delivery less than a gram and
possession 1-4 grams, plus two evading arrests, was given six
years and three 15 month sentences.
"All these defendants indicated they did not want a trial
knowing Lamar County juries have been handing out stiff sentences,"
Young said.
Ronald Hostetler, 39, evaded arrest by Department of Public
Safety troopers in a chase from Lamar to Bowie county in January
of this year. Hostetler received five years on the aggravated
charge and will do a minimum half his sentence before parole
eligibility.
Man pleads in drug trial
By Josh Edwards
The Paris
News
Published March 22, 2007
A Pattonville man is expected to spend four years in prison
after pleading guilty to possessing enough pseudoephedrine tablets
to produce about 175 grams of pure methamphetamine.
As the state prepared to pick a jury for his trial, Danny
Joe Plott, 34, pleaded guilty Wednesday to possession or transportation
of a chemical with intent to manufacture a controlled substance
penalty group one. Plott also pleaded guilty to evading arrest
or detention with a vehicle and received a 15-month sentence
to run concurrently.
The pleas close the first case in Lamar County stemming from
a law that requires retailers to record personal information
of those who purchase the pharmaceutical.
The former Red River Valley Drug Task Force investigated the
case.
“They had suspected him of making methamphetamine for
years but could never catch him in the act. Finally the regional
task force decided to check his pseudoephedrine/Sudafed purchases
once the law changed,” Lamar County and District Attorney
Gary Young said.
Pharmacy records show Plott purchased 2,786 tablets of psuedophedrine
between Aug. 5, 2005 and March 28, 2006 — approximately
348 tables per month.
“It calculates out to two tablets per hour every day
for six months assuming he didn't sleep,” Young said.
It takes 96 pseudoephedrine tablets to make about 6 grams
of meth. During the seven-month period Plott purchased enough
of the drug commonly used as a decongestant to manufacture roughly
175 grams of meth. A heavy meth user may use 1 gram per day.
A gram is the weight of a packet of sugar and sells for about
$100 on the street.
“He wasn't even caught with any psuedephedrine,”
Young said.
Plott had no previous criminal history and would have been
eligible for probation if he had chosen to go to trial. Authorities
issued a warrant for the man's arrest about a year ago, but were
unable to locate him for several months. He was in Lamar County
Jail for seven months awaiting trial.
Woman gets 4 years for sex assault
Staff reports
The Paris News
Published March 8, 2007
A 43-year-old Clarksville woman, who told police she had sex
with a 13-year-old boy, is headed to prison.
Brenda Etters pleaded guilty this week to sexual assault of
a child. On Wednesday, 62nd District Judge Scott McDowell sent
her to prison.
Etters faced two to 20 years in prison and, because she had
no prior criminal convictions, she was eligible for probation.
She got four years in prison.
“If you give her probation, you are sending a message
to this community, this state, and this nation that it’s
OK for someone to have sex with a 13-year-old. It’s not.
Send her to prison,” Lamar County and District Attorney
Gary Young told McDowell in closing arguments.
Etters, through defense attorney George Preston, had agreed
to waive a jury trial and let McDowell decide her punishment.
In her own defense, she took the stand to beg for “a
second chance.”
She, along with three other Clarksville women, told the judge
she was a good person and deserved another shot at life.
The victim testified Etters was living with his family in
Paris briefly and worked with his mother at a local industry.
He said Etters brought an alcoholic beverage to him in his bedroom
one night, then removed her clothing and got on top of him.
“I was scared and repeatedly told her to stop,”
the boy testified.
The victim also said Etters told him if he mentioned the incident
to anyone, she would blame it on him.
“In fact, that’s what she did,” Young said.
Both Etters and her attorney claimed the victim was the aggressor.
“If this was a 42-year-old man who had sex with a little
girl, there’d be no question that prison was where he belonged,"
Young said. "The penal code doesn’t differentiate between
genders, and we shouldn’t either.”
“The world makes everyone think this is every teenage
boy’s fantasy to have sex with an older woman," Young
said. "But in this case, he told her to stop, and she refused
and then tried to blame the whole thing on him.”
March 7, 2007
For Immediate Release
Female sex offender gets 4 years from judge
After admitting to police she had sex with a 13-year-old boy,
62nd District Judge Scott McDowell sent a 43-year-old Clarksville
woman to prison for four years Wednesday.
Brenda Etters pleaded guilty to sexual assault of a child
and faced two to 20 years in prison. Due to no prior criminal
convictions, she was eligible for probation.
But Lamar County and District Attorney Gary Young told Judge
McDowell in his closing arguments: "If you give her probation,
you are sending a message to this community, this state, and
this nation that it's OK for someone to have sex with a 13-year-old.
It's not. Send her to prison."
Etters and defense attorney George Preston agreed to waive
a jury trial and let Judge McDowell decide her punishment. Etters
took the stand in her own defense, begging for "a second
chance," along with three other Clarksville women who told
the judge Etters was a good person and deserved another shot
at life.
The victim testified Etters was living with his family in
Paris briefly and worked with his mother at a local industry.
The victim said Etters brought him an alcoholic beverage one
night in his bedroom, then removed her clothing and got on top
of him.
"I was scared and repeatedly told her to stop,"
the boy said. The victim also testified the defendant said if
he told anyone, she would blame it on him. "In fact, that's
what she did," Young said. Both Etters and her attorney
said the victim was the aggressor.
Young argued that "if this was a 42-year-old man who
had sex with a little girl, there'd be no question that prison
was where he belonged. The penal code doesn't differentiate between
genders and we shouldn't either."
Young said, "The world makes everyone think this is every
teenage boy's fantasy to have sex with an older woman. But in
this case, he told her to stop and she refused and then tried
to blame the whole thing on him."
Man gets 30 years for assaulting
his wife
Staff reports
The Paris
News
Published March 2, 2007
Donald Ray Jones, 46 of Paris, had more than a dozen chances
in his past to show he could follow the law, prosecutors said.
He failed, they argued. A Lamar County jury agreed.
The jury gave Jones 30 years in prison Wednesday following
a one-day trial before 62nd District judge Scott McDowell.
Jones was accused of assaulting his wife with a walking cane
in April 2006 after calling to tell her to come home from a family
gathering.
“There was more colorful language in his phone call,
but essentially this jealous abuser wanted his wife home. When
she got there, she got the beating of her life,” Lamar County
and District Attorney Gary Young said.
The victim testified she arrived home, where Jones began hitting
her. The jury was shown photos of the woman's injuries, which
included lacerations on her forehead, the back of her head, and
multiple defensive wounds to her forearms, where she attempted
to block the walking stick from striking more vulnerable areas
of her body.
Jones' prior convictions in Lamar and Dallas counties for
burglary, theft, and driving while intoxicated dating back to
1979 were detailed. A former girlfriend in prison on drug charges
was brought back to Paris and reluctantly told the jury Jones
had stabbed her in the eye in 1994, causing partial blindness.
Jones' aunt testified his problems were tied to his now ex-wife,
the victim in the assault. First Assistant Prosecutor Bill Harris
detailed Jones' criminal history with the aunt, pointing out
numerous offenses from Jones' past took place before he was married
to the victim. Jones is currently on parole and a parole revocation
hearing was held earlier this week.
“Thankfully, Family Haven was involved and assisted the
victim in this case in the early stages. She got more help from
our office's victim services and is getting back on her feet,”
Harris said. “Domestic violence is a monumental problem,
but clearly this jury and the people of Lamar County don't think
it's OK to beat your wife. Thank God for that.”
Defense attorney George Preston asserted Jones was acting
in self defense — that his wife came home drunk and pulled
a knife on him. Jones testified he went to the police station
shortly after the altercation where photos of an injury on his
finger were evidence of his now ex-wife attacking him with the
knife.
Paris police officer Doug Thompson testified Jones decided
not to provide them a written statement or give any further information.
Detective Sgt. Jeff Springer told the jury the small injury to
Jones' finger was not consistent with a knife wound.
March 1, 2007
For Immediate Release
Domestic assault gets man 30 years in prison
Prosecutors said Donald Ray Jones, 46 of Paris, had more than
twelve chances in his past to show he could follow the law and
had failed. A Lamar County jury agreed and gave him 30 years
in prison after a one-day trial Wednesday before state district
judge Scott McDowell.
Jones was accused of assaulting his wife with a walking cane
in April 2006 after calling to tell her to come home from a family
gathering. "There was more colorful language in his phone
call, but essentially this jealous abuser wanted his wife home.
When she got there, she got the beating of her life," said
Lamar County and District Attorney Gary Young.
The victim testified she arrived home where Jones began hitting
her. The jury was shown photos of the woman's injuries, which
included lacerations on her forehead, the back of her head, and
multiple defensive wounds to her forearms where she attempted
to block the walking stick from striking more vulnerable areas
of her body.
Jones' prior convictions for burglary, theft, and driving
while intoxicated were detailed dating back to 1979 in both Lamar
and Dallas counties. A former girlfriend in prison on drug charges
was brought back to Paris and reluctantly told the jury Jones
had stabbed her in the eye in 1994 and caused partial blindness.
Jones' aunt testified that his problems were all tied to his
now ex-wife, the victim in the assault. First Assistant prosecutor
Bill Harris detailed Jones' criminal history with the aunt, pointing
out numerous offenses from Jones' past took place before he was
ever married to the victim. Jones is currently on parole and
a hearing was held earlier this week on whether to revoke that
parole.
"Thankfully, Family Haven was involved and assisted the
victim in this case in the early stages. She got more help from
our office's victim services and is getting back on her feet,"
Harris said. "Domestic violence is a monumental problem,
but clearly this jury and the people of Lamar County don't think
it's OK to beat your wife. Thank God for that."
Defense attorney George Preston asserted that Jones was acting
in self defense and that his wife came home drunk and pulled
a knife on him. Jones testified he went to the police station
shortly after the altercation where photos of an injury on his
finger were evidence of his now ex-wife attacking him with the
knife. Paris police officer Doug Thompson testified Jones decided
not to provide them a written statement or give any further information.
Detective Sgt. Jeff Springer told the jury the small injury to
Jones' finger was not consistent with a knife wound.
Man gets 15 years for chase
Staff reports
The Paris
News
Published February 28, 2007
A Hugo, Okla., man was handed a 15-year prison sentence by
a Lamar County jury Tuesday for leading officers on a dangerous
high speed chase.
Andy Leland Anderson, 36, was found guilty Monday after the
jury heard testimony from Paris Police Officer Doug Murphy. The
25-minute chase was caught on police in-car video, which the
jury saw in 6th District Judge Jim Lovett's courtroom.
Testimony revealed Anderson and his live-in girlfriend went
on a shoplifting spree of several Paris-area stores in June 2006.
When law enforcement got involved and attempted to stop Anderson's
vehicle, he fled along a northeasterly route using Farm-to-Market
Road 195 into far northeast Lamar County. He was ultimately apprehended
thanks to a combined effort of area officers and charged with
evading arrest. His vehicle was considered a deadly weapon, mandating
a minimum one-half his sentence be served before becoming eligible
for parole.
Defense attorney David Turner put his client on the stand
during punishment phase testimony. Anderson told the jury he
was addicted to drugs and that the shoplifting was “to support
my drug habit.” The defense argued Anderson would not have
run away and endangered public roadways if officers had not initiated
a chase for such a small offense as shoplifting. Turner asked
the jury to give Anderson “1,000 days in prison” for
the charge.
Lamar County and District Attorney Gary Young argued Anderson's
lengthy felony criminal history of mainly Oklahoma offenses,
plus an almost three-year stint in prison beginning in 2002,
revealed the defendant's inability to follow the law.
“If you do the math, Mr. Anderson has already spent nearly
1,000 days in prison once before, and he obviously didn't learn
his lesson,” Young told the jury.
February 27, 2007
For Immediate Release
Jury gives 15 years for evading arrest
A Hugo, Oklahoma, man was handed a 15-year prison sentence
by a Lamar County jury Tuesday for leading officers on a dangerous
high speed chase.
Andy Leland Anderson, 36, was found guilty Monday after the
jury heard testimony from Paris Police Officer Doug Murphy. The
25-minute chase was caught on police in-car video, which the
jury saw in 6th District Judge Jim Lovett's courtroom.
Testimony revealed Anderson and his live-in girlfriend went
on a shoplifting spree of several Paris-area stores in June 2006.
When law enforcement got involved and attempted to stop Anderson's
vehicle, he fled along a northeasterly route using Farm-to-Market
195 into far northeast Lamar County. He was ultimately apprehended
thanks to a combined effort of area officers and charged with
evading arrest. His vehicle was considered a deadly weapon, mandating
a minimum one-half his sentence be served before becoming eligible
for parole.
Defense attorney David Turner put his client on the stand
during punishment phase testimony where Anderson told the jury
he was addicted to drugs and that the shoplifting was "to
support my drug habit." The defense argued Anderson would
not have given chase and endangered public roadways if officers
had not initiated a chase for such a small offense as shoplifting.
Turner asked the jury to give Anderson "1,000 days in prison"
for the charge.
Lamar County and District Attorney Gary Young argued Anderson's
lengthy felony criminal history of mainly Oklahoma offenses,
plus an almost three-year stint in prison beginning in 2002,
revealed the defendant's inability to follow the law.
"If you do the math, Mr. Anderson has already spent nearly
1,000 days in prison once before and he obviously didn't learn
his lesson," Young told the jury.
Six-time drunk driver gets eight
years
By Josh Edwards
The Paris
News
Published February 8, 2007
State District Judge Jim Lovett told a six-time convicted
drunk driver Wednesday that perhaps the only thing he'd done
right in his life was to plead guilty to his latest DWI charge.
Lovett then sentenced Phillip Hutto, 42 of Paris, to eight
years in prison even though Hutto asked for state-imposed drug
and alcohol treatment. Hutto waived his right to a jury trial.
Hutto's April 2003 arrest was frequently delayed due to his
health problems. He admitted on the stand that he was an alcoholic
and drug addict dating back at least 10 years. Hutto served time
in prison in the late 1990s for a previous driving while intoxicated
conviction.
Prosecutor Marilee Brown argued Hutto's only time of sobriety
was during and immediately following his incarceration. Defense
attorney Jana Turner had psychiatric officials press the need
for treatment for Hutto's incurable disease.
Lovett acknowledged Hutto's physical and mental health problems
but said, “There comes a time when we have to do what's
best to protect the public.”
Hutto asked the judge for time to visit his ailing mother
in another city before being taken into custody.
The judge denied the request, stating he was afraid Hutto
would “get drunk, drive, and kill somebody” on the
way.
Hutto also has previous convictions for unlawfully carrying
a weapon and misdemeanor theft. Paris police officers testified
to encounters with Hutto in which weapons and other contraband
were found in his vehicle and on his person.
Watkins takes plea for shooting
home
By Josh Edwards
The Paris
News
Published February 9, 2007
No one except Jeff Allen Watkins knows exactly what finally
pushed him over the edge.
After what was described as a minor altercation with his wife
Nov. 4, 2005, the amateur race car driver, whose friends call
him Monk, hit the pavement. But Watkins let his mind race rather
than the engine of his race car as he drove all night.
By the next morning, Watkins was running on fumes. He hadn't
slept, and the gears of his mind were still revved high into
overdrive.
When the 32-year-old arrived home the next morning, he wasn't
the same man — not the husband and father he was known to
be.
“He had a look to him like I'd never seen before,”
his wife told 6th District Judge Jim Lovett on Wednesday during
her husband's plea hearing.
Watkins didn't speak as he pushed his wife to the ground and
kicked her in the face with his steel-toed boots. Then he broke
the silence with threats to kill his wife's family who allegedly
verbally and emotional abused him.
“He said 'I can't take your family any more. They're
driving me crazy,”' Watkins' wife explained.
Her family constantly tormented Watkins, she told the courtroom
of spectators, including the couple's two children.
“It's just constantly nag, nag, nag at him. They even
sent a letter to his work (in an attempt to get him fired),”
she said.
The family would also hurl racial slurs at Watkins, who is
half Native American, his wife claimed.
“They have harassed him and called him names. They have
told my children he is a sorry (expletive deleted),” she
told the court.
Allegedly fed up with the torment, Watkins left the house
and made the 15 minute drive from the Sylvan community to Deport,
where he shot at his mother- and father-in-law's house with a
.410 shotgun.
His mother-in-law said the family never tormented Watkins
unless he was being aggressive.
“I haven't done anything to him to make him shoot my
house,” she said.
She also refused to recognize Watkins as her daughter's common-law
husband, referring to him as her daughter's “shack up”
boyfriend instead.
After shooting the house, Watkins took off to Red River County,
where his vehicle ran out of gas. A manhunt involving several
law enforcement agents ensued, and Watkins was arrested shortly
after he stopped at a hunting cabin to ask for directions.
He was charged with aggravated assault and deadly conduct.
He entered a guilty plea to the felony crimes Wednesday.
After every witness in his sentencing hearing painted a picture
of what defense attorney David C. Turner called “incredibly
dysfunctional family,” Lovett sentenced the man to two years
deferred adjudication probation.
“I don't like what he did ... but I think he did what
most of us would do if we were put in that situation,” the
judge told the family after the sentencing.
Watkins spent most of the hearing looking at down at the table
and seemed visibly relieved when the judge granted him probation.
On the stand in his own defense, he said he had no intention
of murdering his family members.
“If I had intention to kill them, I could have walked
in there and gunned each one of them down. I wanted to send a
message,” he told Lovett.
The message got lost, and he got in a lot of trouble, he said.
“I understand. I know I done wrong. I was exhausted,
tired, angry about what had been going on,” Watkins told
the court.
As a term of his probation, Watkins was ordered to move from
Lamar County and not have any contact with his wife's family.
Lovett also told the family not to try to contact Watkins.
February 7, 2007
For Immediate Release
Six-time drunk driver gets 8 years in prison
State district judge Jim Lovett Wednesday told a six-time
convicted drunk driver that perhaps the only thing he'd done
right in his life was to plead guilty to his latest DWI charge.
Lovett then sentenced Phillip Hutto, 42 of Paris, to eight
years in prison even though Hutto asked for state-imposed drug
and alcohol treatment. Hutto waived his right to a jury trial.
Hutto's April 2003 arrest was frequently delayed due to his
health problems. Hutto admitted on the stand that he was an alcoholic
and drug addict dating back at least 10 years. Hutto served time
in prison in the late 1990s for a previous driving while intoxicated
conviction.
Prosecutor Marilee Brown argued Hutto's only time of sobriety
was during and immediately following his incarceration. Defense
attorney Jana Turner had psychiatric officials press the need
for treatment for Hutto's incurable disease.
Lovett acknowledged Hutto's physical and mental health problems
but said, "There comes a time when we have to do what's
best to protect the public." Hutto asked the judge for time
to visit his ailing mother in another city before being taken
into custody. Lovett denied the request, stating he was afraid
Hutto would "get drunk, drive, and kill somebody" on
the way.
Hutto also has previous convictions for unlawfully carrying
a weapon and misdemeanor theft. Paris police officers testified
to encounters with Hutto where weapons and other contraband were
found in his vehicle and on his person.
Larson's conviction upheld
By Josh Edwards
The Paris
News
Published January 25, 2007
A state appellate court has upheld the guilty verdict of Darell
James Larson, who was convicted of stabbing a 57-year-old man
to death while the two were on their way to buy $20 of marijuana.
"He really had no basis for an appeal and this is what
we expected would happen," Lamar County and District Attorney
Gary Young said Wednesday.
Larson was sentenced to 42 years in prison for the stabbing
death of Roy Lee Williams, who was blind in one eye and underwent
dialysis three times a week. Williams was found dead behind Grand
Cleaners at Grand Avenue and Southwest Second Street, a block
west of the southwest corner of the downtown Plaza. He was stabbed
seven times and his throat was cut.
Blood spatter evidence showed Williams was crawling away from
Larson when his throat was cut.
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