News and Press Releases: 2008
press releases:

from The Paris News:

from The Dallas Morning News:

2008 a busy year for District Attorney

By Bill Hankins
The Paris News

Published December 26, 2008

2008 was a busy year for the District Attorney with convictions that sent 260 people to prison, 39 to county jail and 202 put on probation.

In addition, Young’s office closed 1,860 misdemeanor cases that resulted in $150,080 in fines assessed, $297,775 in court costs assessed and $162,534 in restitution to victims.

The DA’s hot check department collected $238,737 in restitution to merchants, $94, 288 in fees for merchants, $54,442 in fees for the county office and $5,649 in administration fees for the county.

But some of the more significant achievements during the year, according to victims coordinator Allan Hubbard, was the institution in Lamar County of the statewide victims notification system, where victims and others are notified of every move in a defendant’s case.The department also organized its first “no refusal weekend” over Labor Day. The no refusal weekend required drivers stopped for investigation of possible drunk driving to submit to a blood test.

Both campaigns are deemed to be highly successful.

In the felony trial area, only 11 jury trials were tried during the year, lower than expected, but many of the scheduled trials were cancelled because of last-minute plea bargains or failure to get enough juries seated.

The DA’s office disposed of 175 drug cases, 108 theft or forgery or fraud cases, 12 robbery cases, 38 child abuse cases, nine sex offender’s duty to register, 31 burglary, 8 murder or manslaughter, 3 tampering with evidence, 11 evading arrest, 21 unauthorized use of a motor vehicle, 2 arson, 31 assault, 6 weapons charges, 7 criminal mischief, 17 engaging in organized crime and 19 felony driving while intoxicated cases.

Among the major

Can use Allan Hubbard mug cases handled, Brandon Washington was convicted and received a 10 year plea bargain sentence in the robbery of a local convenience store.

Charles McClure received 20 and 12 year sentences on a guilty plea for delivery of a controlled substance.

Willie Runnels and Ken Hollowell each received sentences on guilty pleas in aggravated sexual assault of a child cases.

Warren Bumpus was handed a 30 year sentence in a robbery guilty plea.

A juvenile was handed 10 years by a jury in an intoxication manslaughter case.

And all that was in the first month of 2008.

In February, Lonnie “Snowman” Robins was handed 30 years in prison for manufacture or delivery of a controlled substance, and Charles Edward Doyle received 35 years for family violence aggravated assault.

In March, James Matthew Patterson was assessed 10 years probation for his third driving while intoxication case.

In April, Emmit Upton was handed two 20 year sentences after being found by a jury to be guilty of aggravated sexual assault of a child.

In May, Leslie Goodman was handed a 30 year sentence after being found guilty by a jury of his third driving while intoxicated case, Mickey Griffith received 20 years on a plea bargain for arson, and Meron McEntyre, was handed a 15 year sentence for aggravated sexual assault of a lchild.

The DA’s court action speeded up in June, with a return to the courtroom by defendant Michael Fuller once convicted of sexual assault only to have his conviction overturned by an appeals court.

A second jury was not as easy on Fuller. He was found guilty by a jury and sentenced to two 15 year prison terms plus a five year term.

A short time later he was indicted in another case that was brought out by his new trial.

One man, Robert Wilson, who received 35 years in a jury trial, later committed suicide while in Lamar County Jail.

Juries and judges in June handed down 295 years of prison time in 10 cases they handled.

The longest prison sentence handed down in 2008 was in July to Detwonne Alexander, who received 60 years after being found guilty by a jury of manufacture of a controlled substance. In that same month, juries handed down171 years in punishment.

Melissa Martin was fund guilty by a jury of aggravated sexual assault of a child in July and sentenced to 28 years in prison plus three 20 year sentences to run concurrently.

In August, Anthony Cody Gordon was found guilty of murder and the plead to 50 years in prison as his sentence. Jason Gordon received 19 years for his part in the murder.

In October, James Seat was sentenced to 40 years on an aggravated sexual assault guilty plea, and Charles McDade was sentenced to six dears on manslaughter and aggravated assault cases resulting from an auto accident.

Three robbery pleas in November and December resulted in prison time for all three defendants, and Cody Posey received two years on a motion to revoke on a criminally negligent homicide. That motion to revoke came as a result of a driving under the influence traffic stop.

The district attorney’s office is gearing up for another year of major cases including bringing to trial three defendants in the 27-year-old Jeane Wagnon slaying, and the trials of two men charged with murder in the Brandon McClelland dragging death case.

“We’re looking forward to hitting the ground running in January and working with our new judge, Eric Clifford. We’ve already scheduled multiple sexual assault of children cases for the first quarter and in April we plan to try Veta Robinson for the murder of Dontrae Mitchell,” Young said.

Editorial: DA’s victim notification program

Published December 23, 2008
The Paris News

The Lamar County/District Attorney's Office provides a needed service to the community.

Also to the victims of offenders by providing the public with information when criminals are coming up for parole.

The office is doing their part to keep criminals where they belong, and has given the community the opportunity to step up to the plate and make their voices heard as well.

Thanks to the DA’s Office efforts, the community can contribute to letter writing campaigns addressed to the parole board. The public notifications give advance warning of a pending parole and give necessary time for the community to respond accordingly.

To the victims of the criminals, the DA’s early notification of pending parole is essential. Advance warning allows the victim not only to be aware of the potential release of a criminal, but also allows them and those in the community to take action and let the parole board hear their side of the story.

With the many cases before the parole board every year, letters from the community — from those who know the victim, or perhaps even the criminal — can have impact on how a particular case is perceived. Personalized letters let the parole board know how residents of the community feel about a criminal’s pending release.

The District Attorney’s Office should be applauded for their commitment to ensure that victims are kept as safe as possible by providing them with advance information, and allowing the victim and the community to participate in the parole process.

Prosecutors added to McClelland case

By Bill Hankins
The Paris News

Published December 20, 2008

Twin brothers, Keith and Kevin Harris, who grew up in Paris, have been named to the team headed by Special Prosecutor Toby Shook, named earlier by Lamar County and District Attorney Gary Young to handle the prosecution of the case.

Shook then asked Young to contact the Dallas District Attorney’s office for additional prosecutors.

Craig Watkins, Dallas County District Attorney, decided to lend his assistant district attorneys to the case, aware the twins, seasoned prosecutors from Paris, would be a great fit.

“Keith and Kevin Harris are highly respected in this office and have the experience and knowledge to handle such a case,” Watkins said. “Since they are from Paris, I would anticipate that their local perspective can do nothing but enhance the prosecution so that justice can be done.”

McClelland was dragged to death beneath the wheels of a vehicle on FR 2648 sometime in the early hours of Sept. 16, 2008.

Two men have been arrested in the death and are being held in Lamar County jail.

Shannon Keith Finley, 27, is being held on $700,000 bond on murder charges in the death. Charles Ryan Crostley, 27, is being held on $500,000 on murder charges.

The two and McClelland, 24, allegedly had been out drinking the night before McClelland’s body was discovered on the farm road.

Crostley was arrested in Paris shortly after 8 p.m. Wednesday, Sept. 17. He also faces a $30,000 bond on charges of tampering with physical evidence with intent to impair the investigation.

Finley, who fled the area, was arrested a few days later in Wichita, Kan.

U.S. Marshals, Texas Rangers and Texas Department of Public Safety troopers handling the investigation have determined McClelland’s death likely was intentional.

First responders believed McClelland was the victim of a hit-run accident, but after interviews with people who saw McClelland earlier, it was determined he was in the company of Crostley and Finley earlier the night before the body was found.

Both Crostley and Finley are white. McClelland is black, and claims the death was intentional and racially motivated have surfaced, even though the three allegedly were friends.

Finley had been sentenced to four years in prison on a manslaughter charge July 6, 2004, by 62nd District Judge Scott McDowell,

The two additional prosecutors will join the case immediately.

After graduating from Paris High School, Abilene Christian University and Texas Tech School of Law, the Harris twins joined the Dallas County District Attorney’s office in 2003. They both enjoyed immediate success and were promoted quickly through the ranks. Keith is currently serving as a Felony Chief Prosecutor and manages a number of felony assistants. Kevin is the former Deputy Chief of Domestic Violence handling major domestic violence felonies. Each has had more than 100 jury trials, including 10-15 murder and capital murder trials.

Earlier this year, the Paris NAACP recognized the achievements of the Harris twins by making them the keynote speakers at the Annual NAACP Heritage Banquet. When asked his thoughts about being involved in a murder case in his hometown, Keith said it “is a great opportunity to give back to a community that has given me so much.” Kevin then added that “when you hear about a tragedy like this in your hometown, you want to reach out and help in any manner you can, and fortunately, Mr. Watkins is giving us that opportunity.”

Prior to going into private practice, Shook worked with the Harris twins at the Dallas County District Attorney’s office and knows them to be excellent advocates for justice. Shook said he “greatly appreciates Craig Watkins allowing the Harris twins to participate in is this prosecution and his support serves as an example of team work among prosecution offices to see that justice is achieved.”

“Keith and Kevin are special individuals that I have been fortunate to get to know the past few years,” Young said. “Their involvement in this case lends the prosecution a local perspective and ensures Lamar County that justice will result from the prosecution.”

FOR IMMEDIATE RELEASE

December 19, 2008

Additional special prosecutors added to McClelland murder case

Twin brothers, Keith and Kevin Harris, have been added as special prosecutors in the Brandon McClelland murder case.

Toby Shook was previously appointed special prosecutor and requested that Gary Young, Lamar County and District Attorney contact the Dallas District Attorney's office for additional prosecutors.

Craig Watkins, Dallas County District Attorney, was more than willing to lend his assistant district attorneys to the case. Watkins was aware that he had two seasoned prosecutors from Paris that would be a great fit. "Keith and Kevin Harris are highly respected in this office and have the experience and knowledge to handle such a case. Since they are from Paris, I would anticipate that their local perspective can do nothing but enhance the prosecution so that justice can be done."

After graduating from Paris High School, Abilene Christian University and Texas Tech School of Law, the Harris twins joined the Dallas County District Attorney's office in 2003. They both enjoyed immediate success and were promoted quickly through the ranks. Keith is currently serving as a Felony Chief Prosecutor and manages a number of felony assistants. Kevin is the former Deputy Chief of Domestic Violence handling major domestic violence felonies. Each has had over 100 jury trials, including 10-15 murder and capital murder trials.

In 2008, the Paris NAACP recognized the achievements of the Harris twins by making them the keynote speakers at the Annual NAACP Heritage Banquet. When asked his thoughts about being involved in a murder case in his hometown, Keith stated it "is a great opportunity to give back to a community that has given me so much." Kevin then added that "when you hear about a tragedy like this in your hometown, you want to reach out and help in any manner you can, and fortunately, Mr. Watkins is giving us that opportunity."

Prior to going into private practice, Toby Shook worked with the Harris twins at the Dallas County District Attorney's office and knows them to be excellent advocates for justice. Mr. Shook expressed that he "greatly appreciates Craig Watkins allowing the Harris twins to participate in is this prosecution and his support serves as an example of team work among prosecution offices to see that justice is achieved."

Gary Young then added that "Keith and Kevin are special individuals that I have been fortunate to get to know the past few years. Their involvement in this case lends the prosecution a local perspective and ensures Lamar County that justice will result from the prosecution."

Third suspect indicted in 27-year-old murder

By Bill Hankins
The Paris News

Published December 14, 2008

A third suspect in the 27-year-old murder of Jean Wagnon has been indicted by a Lamar County grand jury.

Travis Mitchell was arrested by U.S. Marshals Thursday night in Dallas on a warrant for capital murder in what is now believed to be a murder-for-hire slaying that took place May 20, 1981, in the home Wagnon occupied with her husband, Harley Wagnon.

Harley Wagnon had been an early suspect in the death, but was never arrested in the case. He has since died.

Two men suspected of the slaying, Kenneth Bills and Lewis Tucker, were arrested in April of this year after new technology led to new evidence in the case.

They were subsequently indicted for the murder.

Thursday, a new grand jury returned indictments against Mitchell and new indictments linking Bills and Tucker to the exchange of money, remuneration for the slaying.

Mitchell allegedly was the middle-man in the exchange of money paid for Jean Wagnon’s death.

She was shot and bludgeoned to death by two men who burst into her home in Sun Valley. Her husband suffered injuries from a beating.

Suspects were arrested in Oklahoma shortly after the slaying, but released without charges.

Lamar County Sheriff’s investigator Ted Gibson, armed with new findings produced through new technology, said Bills and Tucker have been linked to the crime scene.

Tucker, 59, was originally arrested on charges of use of a deadly weapon, committing murder in the process.

Bills, 55, was arrested in Choctaw County and faced similar charges.

Both Bills and Tucker now face the new indictments alleging they committed murder for money.

Gibson was one of the original investigators in the slaying and has followed the developments in the case since.

Authorities summoned to the Wagnon home shortly after 11 p.m. in 1981 found Jean Wagnon dead and her husband beaten. She had suffered a gunshot wound, but was later determined by autopsy to have died as a result of a blow to the head.

The .38 caliber weapon used has never been found, but was determined to be one Wagnon said he carried to the door when the two men he said were white burst in.

All three suspects now being held in the case are black.

Wagnon told police he carried the weapon because large sums of money were in the home.

None of the money was taken.

Jean Wagnon’s will left her entire estate to her daughter, Janice Marie Anderson, but Wagnon challenged the will and received some of the Wagnon property.

Early in the investigation, two Hugo men and an Idabel resident were arrested in Oklahoma during an investigation of similar homicides, but those men were never linked to the Wagnon case.

Investigators found three different blood types in the home of the Wagnons.

Earlier this year, some of the more than 40 pieces of evidence collected at the home was sent to the Department of Pugli8c Safety lab in Austi9n. It was at that lab the connection was made to the current suspects.

DA battles parole bid

By Bill Hankins
The Paris News

Published December 11, 2008

Lamar County and District Attorney Gary Young is gearing up to battle a bid for parole by a convicted sex offender who originally received 100 years prison time but has served only four.

Orian Lee Scott, 71, a retired teacher who came to Lamar County from Arizona in 2003 was convicted of videotaping teenage boys in the nude from 2003 to 2004 at his residence.

He was sentenced on a variety of charges, including inducing a child to perform sex acts, performance of sex acts and pornography.

Judge Jim Lovett sentenced Scott to three 20-year sentences and six 10-year sentences, stacking the 20-year sentences and three of the 10-year sentences to run consecutively and three to run concurrently.

That would have been the equivalent of 90 years prison time, but an appeals court threw out the inducing a child to perform sex acts conviction, saying there was insufficient evidence in that case.

That still left 30 years in prison plus a $90,000 fine.

Now, four years later, the Texas prison system has notified Young that Scott will come up for parole on the first of the 10 year sentences.

Young said Scott will not be getting out of prison but is simply coming up for parole on one of the convictions.

“Even if he gets parole, he will have to begin serving the second of his stacked 10 year sentences,” Young said. “But we are going to write protest letters in an attempt to get parole denied on that first sentence.”

Young said if parole is denied on that sentence, it means Scott will be spending a longer time in the prison system.

“If parole is denied, he cannot begin serving that second sentence until the first is satisfied,” Young said.

Scott was 67 when a six-man, six-woman Lamar County jury spent only 35 minutes before recommending the maximum prison sentence of 20 years on three counts of inducing a child to engage in sexual acts, three counts of producing or promoting a videotape involving sexual conducts by a child and three counts of possession of child pornography.

Thousands of videotapes were seized from Scott’s home, some dating back 20 years.

Only a few of them were used in the trial that ended with a conviction Dec. 29, 2004.

Focus is on the victims

The Paris News
Published November 27, 2008

Crime victims, particularly those who’ve had a loved one die in a crime, face bittersweet holidays in the wake of violence.

A group of local advocates are holding their sixth annual ceremony to honor the memory of victims and give survivors the opportunity to reflect.

Tree of Angels will take place at 6:30 p.m. Thursday, Dec. 4, at Central Presbyterian Church, 309 S. Church St. in Paris.

“Crime victims are invited to bring an ornament or select an angel to place on a special Christmas tree,” said Doris Sanford of People Against Violent Crime.

Sanford works with Wanda Bailey to organize the annual event, in conjunction with the adult and juvenile probation departments and the county attorney’s office.

Music, poetry, acknowledgments and a special guest speaker round out the ceremony. This year’s speaker is Sherry Whelchel, a lead prosecutor in the Tarrant County District Attorney’s crimes against children unit. Whelchel formerly prosecuted in Lamar County from 2004-2006.

A reception is held following the ceremony and the special Christmas tree travels to the Lamar County Courthouse where it remains through the holidays.

FOR IMMEDIATE RELEASE

November 24, 2008

Tree of Angels focuses on victims

Crime victims, particularly those who've had a loved one die in a crime, face bittersweet holidays in the wake of violence.

A group of local advocates are holding their sixth annual ceremony to honor the memory of victims and give survivors the opportunity to reflect.

Tree of Angels will take place Thursday, December 4, at 6:30 p.m. at Central Presbyterian Church, 309 South Church Street in Paris.

"Crime victims are invited to bring an ornament or select an angel to place on a special Christmas tree," said Doris Sanford of People Against Violent Crime.

Ms. Sanford works with Wanda Bailey to organize the annual event, in conjunction with the adult and juvenile probation departments and the county attorney's office.

Music, poetry, acknowledgments and a special guest speaker round out the ceremony. This year's speaker is Sherry Whelchel, a lead prosecutor in the Tarrant County District Attorney's crimes against children unit who formerly prosecuted in Lamar County from 2004-2006.

"This ceremony is held for all crime victims, their families and friends. But it's also for all of us who are against violent crime. We can show solidarity and peace, especially at the holidays," Ms. Sanford said.

A reception is held following the ceremony and the special Christmas tree travels to the Lamar County Courthouse where it remains through the holidays.

Posey to receive two-year sentence

By Bill Hankins
The Paris News

Published November 23, 2008

Cody Posey, who was convicted of criminally negligent homicide with a deadly weapon in the deaths of 3-year-old Kevontre McDonald and his grandmother, Marie McDonald, in a car accident on FM 195 on Dec. 22, 2004, will be going to prison.

Posey was given five years probation in the accident that occurred following a snowfall.

Posey was stopped on Oct. 12, this year by Department of Public Safety trooper Tom Curry and arrested for driving while intoxicated and furnishing alcohol to four minors.

The incident violated conditions of his probation and a motion to revoke probation was filed.

Friday, Posey came before 6th District Judge Jim Lovett, who sentenced him to two years in Texas Department of Criminal Justice on each of the two counts. The sentences will run concurrently.

Lovett also told defense attorney James Rodgers he could file a motion for shock probation after Posey has served 90 days. If allowed, that hearing would be before incoming Judge Eric Clifford who will determine whether to grant shock probation and for how many years.

The family of the victims in the criminally negligent homicide was present as was Posey’s family in a crowded courtroom.

Posey has been in Lamar County Jail without bond since his arrest.

His mother, uncle, a private investigator and the great-grandmother of his child testified Posey was a good, hard-working man, but agreed his actions before the arrest were a mistake.

Posey told the court he was sorry and asked for reinstatement of his probation.

Posey’s probation officer testified the probation did need to be revoked.

Testimony showed Posey missed two of 31 probation appointments, had failed to do more than 10 months of community service, but was ahead in paying probation fees.

Gunn pleads guilty on robbery charge

By Bill Hankins
The Paris News

Published November 20, 2008

One of three defendants in the Jan. 6 robbery of the Valero Food Fast in the 2800 block of N.E. Loop 286, changed his plea Wednesday and accepted a prison sentence for the crime.

Kerria Gunn will receive two years in the Texas Department of Criminal Justice and 10 years deferred probation once he is released from prison.

Two others arrested in that robbery, Nathan Fisher and Kenneth Hall, still are awaiting trials in the case.

Gunn, 17, was one of the subjects of a New Black Panther rally Monday at the Lamar County Courthouse.

Leaders of the rally contended the system of justice in Lamar County is flawed, and punishment is not meted out equally to blacks and whites.

Leaders of the rally urged the crowd to “present a presence” at Gunn’s trial.

Concerned Citizens for Racial Equality in Lamar County had watched Gunn’s case closely, partially because of his age and because he is black.

A jury panel was summoned and the selection process under way when Gunn decided to accept County and District Attorney Gary Young’s offer of two years prison time and 10 years deferred probation.

That probation will start when Gunn is released from prison.

In the early months of 2008, robbers hit the Valero Food Fast convenience store three times.

Police determined the robberies were not by the same people.

The case in which Gunn was charged is the first to reach the trial stage.

DA asks for special prosecutor

By Mary Madewell
The Paris News

Published November 10, 2008

A special prosecutor has been assigned to handle the murder cases of Shannon Finley and Ryan Crostley, charged in the September death of Brandon McClelland near Paris.

Lamar County and District Attorney Gary D. Young said he has recused his office from the prosecution out of an abundance of caution.

“Even though nothing legal prohibits my office from handling this case, it’s been acknowledged that I previously defended Mr. Finley when I was in private practice.

“So as not to tie up the possible results of a conviction and sentence with years of appeals based on that issue, and to better ensure closure for the victim’s family when the cases are resolved, I thought it best to ask for a special prosecutor.”

Young said he notified the McClelland family Friday.

State district Judge Jim Lovett appointed Toby Shook, a former senior prosecutor and Chief of the Felony Division in the Dallas County District Attorney’s Office.

“Mr. Shook will handle all facets of this case from this point forward,” Young said.

Shook has prosecuted high profile cases such as the Texas Seven, a group of prison escapees on a crime spree in 2000 that included the murder of an Irving police officer. He assisted in the prosecution of Darlie Routier, who is currently on death row for the murder of her son in Rowlett.

Retired Lamar County district Judge Webb Biard, who has presided over a number of trials in Dallas County as a visiting judge, said Shook is the best prosecutor he has ever seen.

“Lamar County could not have a better prosecutor handling this case,” Biard said.

Young acknowledged that questions have arisen as to McClelland’s death being a hate crime.

“I have complete confidence that Mr. Shook will zealously prosecute this case in all of its facets.” Young said. “The appointment of Mr. Shook should help assure citizens of Lamar County that I am still very dedicated to seeking justice for all victims, including the McClelland family,”

Finley and Crostley, both 27, remain in Lamar County Jail on $800,000 and $525,000 bonds respectively. Both are charged with murder and tampering with evidence with intent to impair the investigation.

McClelland’s body was found on CR 2648 in the early morning hours of Sept. 16. Crostley was arrested in Paris Sept. 24 and Finley several days later in Wichita, Kan. after a multi-state and multi-agency manhunt and a stakeout at the residence of relatives. He was returned to Lamar County Oct. 11.

Both Crostley and Finley have criminal histories, and Finley has served time in the Texas Department of Criminal Justice on a manslaughter conviction in the death of a “friend” in 2003 in Paris. He was sentenced July 6, 2004, to four years in prison by 62nd District Judge Scott McDowell.

Crostly has served time for theft of property more than $1,500 but less than $20,000, a state felony.

Victims face McDade

by Bill Hankins
The Paris News
Published October 28, 2008

Victims of a July 2007 one-car rollover crash that killed one and injured six others on Lake Crook Road took turns facing 18-year-old Chase McDade, driver of the car, in 6th District Court in Lamar County Monday.

McDade was sentenced to six-years on a manslaughter charge and four years on each of two aggravated assault charges in the cases of two seriously injured passengers in the car he was driving.

The brother and parents of Randall Arellano, 20, who was killed in the crash, addressed McDade first.

“What I would give up just to hear him one more time,” Corey Dodd, Arellano’s brother, said. “Music was his love. He wanted to teach it one day, and he will never get that chance. You took it from him on July 4. You stole from all of us that night. You stole my brother, you stole his dream. You stole his mother’s son. Justice would have been if you had taken your own life that day instead of my brother.”

Linda Forsythe, Arellano’s mother, said: “You had everyone’s life in your hands. That morning you took Randall’s life, you took our lives too. I hope and pray you will realize what you have done. You alone have changed everyone’s life.”

Arellano’s father, Robert Arellano, told McDade: “I hope you think of it every day for the rest of your life. I want you to think about it every day.”

Michael Hargis, who was seriously injured in the crash, said: “Not once have I received an apology. I now have to live with injuries the rest of my life.”

The victims of the crash had mixed reactions.

Heather Bryan, who also was seriously injured, said: “Chase is a good man. He has a good heart. We all had our own free will to get into that car. Car accidents happen.”

Joseph Atteberry, also defended McDade.

“A year ago, we all lost a friend,” he said. “I remember that night. I understand his family lost a son and brother, but he {Arellano} would not blame Chase. It was an accident.”

The mother of another of the passengers in the car that night said: “They are all kids. Nothing is going to change what happened. I understand Chase should be punished, but my daughter sneaked out and went. It was her choice.”

McDade plead guilty Wednesday to the charges and now must spend at least three years in prison.

District Judge Jim Lovett decided the sentences should run concurrently.

McDade, who received severe injuries himself after being pinned beneath the vehicle, was able to complete his high school studies and graduate.

It was the first serious offense for McDade,

“Clearly, McDade did not intend to kill Randall Arellano, nor did he intend to cause an accident, but there is a reason the legislature wrote into Texas law that reckless disregard for actions that could lead to injury or death is a crime,” Assistant County and District Attorney Bill Harris said. “This case illustrates it.”

Dragging death suspect's sister rebuts race angle

10/27/2008

By JEFF CARLTON / Associated Press (as printed in The Dallas Morning News)

Krystala Boyd said Monday she has heard "a million and one stories" about her brother's alleged involvement in the racially charged dragging death of a black Texas man but believes just one.

Her brother, she said, was close friends with the victim and innocent in his death.

"This was no hate crime," Boyd said. "You can't hate somebody you love."

Authorities have arrested two white men: Boyd's brother, Shannon Keith Finley, and Charles Ryan Crostley, both 27. Authorities said the men purposely ran over 24-year-old Brandon McClelland last month following an argument on the way home from a late-night beer run. McClelland's body was dragged about 70 feet and dismembered by the trauma, which happened near Paris, about 95 miles northeast of Dallas.

Finley and Crostley are jailed on charges of murder and evidence tampering.

McClelland's family and members of the Nation of Islam and the New Black Panthers are protesting the district attorney's stance that the killing was not racially motivated. They say it was a "copycat" of the decade-old James Byrd slaying, in which three white men chained a black man to a pickup truck and dragged him for three miles.

County and district attorney spokesman Allan Hubbard said prosecutors do not think race was a factor but would change their stance if new evidence or information turns up. Unlike the Byrd case, there is no indication McClelland was tied or chained to the truck. Officials also point out that McClelland was friends with the two murder suspects.

Boyd said her brother and McClelland have been friends for about 10 years. She added that McClelland, known to friends and family as "Big Boy," would stay at Finley's apartment nine nights out of 10.

"They were like brothers," Boyd said. "Brandon would come to all of our family functions. He was around all of our kids. He would have dinner with us. I have known Brandon longer than I have known my own husband."

Ben Massar, Finley's attorney, also dismissed the hate crime angle as "completely false."

"And that is what is really upsetting to his family," Massar said.

According to Boyd, Finley and Crostley have been friends since they were young boys, and McClelland joined their group about 10 years ago.

McClelland and Finley have at least one prior connection: McClelland was convicted of perjury for providing a false alibi for Finley, who was charged with murder in 2003 and pleaded guilty to manslaughter in 2004.

In the manslaughter case, Finley was accused of fatally shooting a white friend in the head. He said they were being robbed by two black men, who never were caught, officials said.

Finley has also been convicted of driving while intoxicated and marijuana possession. Crostley has convictions for DWI, marijuana possession and property theft, according to county records.

Deric Muhammad, a Nation of Islam member who is helping an independent investigation of the case, said proof of the friendship between Finley and McClelland bolsters the argument that the killing was racially motivated.

"I think that worsens the case," Muhammad said. "It doesn't exonerate the case from being a hate crime."

Boyd said she spoke to her jailed brother by telephone Monday and that he does not understand the reason behind the case's racial implications.

"He's doing OK for the most part," she said. "I am so sorry, my whole family is so sorry for (the McClellands') loss. But we believe Shannon and (Crostley), and we don't believe they had anything to do with his death."

A phone call to a listing for Crostley's attorney was unanswered. Crostley and Finley have not been indicted; the grand jury is scheduled to convene Nov. 13.

Black man's death reopens old racial wounds in Paris, Texas

10:28 AM CDT on Monday, October 27, 2008
By RICHARD ABSHIRE / The Dallas Morning News
rabshire@dallasnews.com

PARIS, Texas – With a black man dead and two white men in jail on murder charges, race relations are again under strain in this northeast Texas county seat, still haunted by high-profile lynchings from its distant past and protests over the jailing of a black teenager two years ago.

Motorists found Brandon Demon "Big Boy" McClelland's mangled body early Sept. 16 in northeast Lamar County, near a curve in a two-lane county road. Authorities first suspected the 24-year-old was the victim of a hit-and-run, killed by a speeding lumber truck.

But suspicions soon turned to the victim's white drinking buddies: Shannon Keith Finley and Charles Ryan Crostley. Witnesses told police that the men admitted running down Mr. McClelland after an argument. Both suspects maintain their innocence.

District Attorney Gary Young, who is white, said there's no evidence that the killing was a hate crime. But his office welcomes any information on the case, he said.

That doesn't satisfy friends and family of the victim and other members of the black community, including a contingent of the New Black Panthers, who suspect a cover-up and see shades of the dragging death of James Byrd Jr. a decade ago in Jasper, Texas.

"Gary Young decided from the start it was not a hate crime," said Brenda Cherry, who is black and a co-founder of Concerned Citizens for Racial Equality. "They're not going to do anything to make Paris look bad. That's the main thing around here."

The victim's mother, Jackie McClelland, also believes race played a part in her son's death, noting the extent of his injuries.

"I think it was a hate crime," she said. "We couldn't have an open casket."

'Wake-up call'

With a population of 26,000, Paris is 73 percent white and 22 percent black, according to the U.S. Census Bureau.

A monument to the Confederacy dominates the front lawn of the recently remodeled Lamar County Courthouse, from which a mob seized two black brothers and killed them in 1920. That was the last of at least half a dozen lynchings in the county.

"You can't talk about Paris without mentioning the lynchings," said William Harris, the county's first assistant district attorney.

Two years ago, Shaquanda Cotton was the talk of the town. Paris found itself in the national media spotlight when the black teenager was sent to a Texas Youth Commission lockup for pushing a teacher's aide. Months earlier, the same judge gave a white teen probation for burning her family's house down.

"That was a wake-up call," said Pike Burkhart, who is white and president of the Lamar County Chamber of Commerce. "We don't perceive ourselves as a racially divided community. We want to make sure we have more dialogue between our black and white communities."

Ms. Cotton spent a year in a juvenile lockup and was freed after protests alleging racial bias. Still, authorities insist they followed the law.

"We did nothing wrong," said district attorney spokesman Allan Hubbard.

Friends or foes?

Mr. McClelland was last seen alive drinking with Mr. Finley and Mr. Crostley, both 27.

The men were thought to be friends. Mr. McClelland was convicted of perjury for lying on Mr. Finley's behalf in a manslaughter case. Mr. Finley went to prison from 2004 to 2007 for shooting a friend in a Paris park; Mr. McClelland was sentenced to a two-year term.

After midnight on Sept. 16, the suspects told police, the men ran out of beer and drove to Oklahoma for more. On the way back, they said, there was an argument over whether Mr. Finley was too drunk to drive, and Mr. McClelland got out of the pickup, taking a couple of beers with him.

They said that was the last they saw of him.

But investigators found human blood on the undercarriage of Mr. Finley's truck, according to an affidavit filed Sept. 24, and witnesses quoted Mr. Finley and Mr. Crostley as saying that they ran over Mr. McClelland on purpose and dragged him "about 40 feet."

For Ms. Cherry and others in the community, that sounds like what happened a decade ago to Mr. Byrd.

There are differences, however: Mr. Byrd was tied to a pickup and dragged for three miles, while Mr. McClelland was struck and dragged underneath the truck for several feet. Also, two of the three men convicted of killing Mr. Byrd had ties to white supremacist groups and prison gangs. Prison officials say there are no such connections to the suspects in this case, despite rumors to the contrary.

"The fact that they were white and he was black does not alone constitute a hate crime," said Mr. Hubbard, the district attorney spokesman. "We can't act on speculation, and there's too much of that going on by people on blogs and elsewhere who are treating rumor as fact."

And regardless of the hate crime designation, he noted, the punishment for the murder charges they face wouldn't change: five to 99 years or life in prison.

Seeking justice

Both suspects were arrested about a week after Mr. McClelland's death and are being held in the Lamar County Jail, with bail set at $500,000 apiece. Mr. Finley was returned to Texas from Wichita, Kan., where he was captured after a manhunt.

Mr. Hubbard said the case will go to the grand jury in November and the earliest likely trial date is next spring.

While some have called for prosecutors to seek the death penalty, the victim's mother said she doesn't believe in capital punishment and just wants justice.

"We want to make sure that anybody that was involved in this gets the right justice, not just a couple of years," said Ms. McClelland. "I think they should get life without parole."

Creola Cotton, Shaquanda's mother, doesn't believe in the death penalty, either. But she worries that next spring when the heat is off, prosecutors might let Mr. Finley and Mr. Crostley plead guilty in exchange for light sentences.

"We just want fair justice," Ms. Cotton said. "We don't get that too much here."

Groups say death was a hate crime

Staff Report - The Paris News
Published October 27, 2008

At a memorial service Saturday for Brandon McClelland in Paris, members of the Nation of Islam, the New Black Panthers and a NAACP group from Irving promised future protests to bring more attention to the case.

Speaker after speaker expressed disagreement with the district attorney’s stance that McClelland’s death was not racially motivated.

“If this is not a hate crime, then there is no such thing as a hate crime,” said Krystal Muhammad of the New Black Panthers. “Even though our brother was viciously slain, we will not let him die in vain.”

Two white men, accused of running over McClelland and dragging his body about 70 feet beneath their pickup, remain jailed on murder charges.

Authorities have said they would seek the additional punishments that come with racially motivated crimes in Texas, but have so far cast doubt on theories that the attack was a hate crime.

But Deric Muhammad of the Nation of Islam called McClelland’s death an “exact copycat” of the 1998 James Byrd case.

Byrd, a black man in Jasper, about 200 miles south of Paris, was chained by the ankles to the back of a pickup by three white supremacists and dragged for three miles. Two of the killers are on death row; the third is serving a life sentence.

McClelland died after going with two white friends on a late-night beer run across the state line to Oklahoma. On the way back, authorities said, McClelland argued with the two suspects — Shannon Keith Finley and Charles Ryan Crostley, both 27. He exited the pickup to walk home.

Authorities said the men then ran him over and that his body was dragged beneath the truck. His body was discovered Sept. 16. McClelland’s mother said fragments of her son’s skull could still be found three days later.

Crostley and Finley are jailed on charges of murder and evidence-tampering. Finley’s attorney did not immediately respond to a voice mail message Saturday, and a call to a listing for Crostley’s attorney was not answered.

Unlike the Byrd case, there is no evidence that McClelland was tied or chained to the truck. Officials also point out that McClelland was friends with the two murder suspects.

Marva Joe, a steering committee member with the Paris Diversity Task Force said Sunday the group is being kept abreast of the situation and urged people “to leave this matter to the proper authorities.”

“We had a meeting Thursday night to hear from Bill Harris who will be the prosecutor in this case,” Joe said. “He told us the case is being investigated thoroughly and as a result of that investigation the district attorney’s office would seek whatever punishment is warranted.”

An autopsy report is expected this week, Joe said.

“They are going to be looking to see if there is evidence that Brandon was tied to the truck; if there were any marks to indicate that,” Joe said.

In an odd twist to the case, McClelland served jail time after pleading guilty to perjury for providing a false alibi for Finley in the latter’s murder trial in 2004. Finley eventually pleaded guilty to manslaughter.

“What this case shows is that if a white person wants to lynch a black man, all they have to do is befriend him first,” Deric Muhammad said.

Officials said they have uncovered no evidence that Finley, who served time for manslaughter, had joined a white supremacist gang while in prison.

“There is nothing about that in his prison records and there are no tattoos on his body” that would indicate Finley had joined such a gang, said Allan Hubbard, a spokesman for the Lamar County and District Attorney’s office.

Finley does have a tattoo of a Paris-area gang that includes blacks and whites, Hubbard said.

“There is nothing racially motivated in the state’s eyes about this murder,” Hubbard said.

The differences between the Byrd and McClelland cases were dismissed at the memorial service, which also served as a meeting to organize future protests. Speakers chanted “No justice, no peace,” “Power to the people” and “Never again” and condemned Paris as a racist town.

“The time has come for a black man’s life to be equal to a white man’s life,” said Anthony Bond, founder of the Irving chapter of the NAACP. “Whatever happens in Paris affects every other person in America.”

The service later moved to a two-lane road lined by farms where McClelland’s torn-apart body was found. Family members and activists placed flowers and wreaths at a spot alongside the road where white spray paint indicated where authorities had located body parts.

Bobby McCleary spoke movingly of his dead son, who called him “Pops.”

“A couple of times, I’ve found myself calling him just to see what he is doing,” McCleary said. “I just want to hear ‘Pops’ one more time from my son.”

Court of Appeals rejects McClure’s appeals

by Bill Hankins
The Paris News
Published October 16, 2008

TEXARKANA — The 6th Judicial District Court of Appeals has rejected two appeals on two Lamar County convictions in drug cases.

Charles Terrell McClure of Lamar County appealed convictions of delivery of methamphetamine of more than four grams but less than 200 grams, a first degree felony, and possession of methamphetamine with intent to deliver.

McClure was sentenced to 20 years and $1,000 fine on the first charge and 12 years on the second, but appealed, challenging the lower court’s decision to admit “extraneous offense evidence” at the punishment phase of the trial.

The appeals court overruled both issues and affirmed the trial court’s judgment.

McClure had contended the extraneous offense evidence was unsupported by sufficient evidence to conclude he engaged in the alleged extraneous misconduct, but a police interview showed McClure admitted to selling methamphetamine in quarter-gram amounts on 20 to 25 different occasions during the nine-month period preceding his arrest.

The appeals court ruled the trial court did not err by admitting the tetimony during McClure’s punishment trial that McClure had confessed to committing extraneous offenses, even though such testimony was not accompanied by corroborating evidence.

Black Panthers look for justice

by Bill Hankins
The Paris News
Published October 7, 2008

The New Black Panther Party has announced it has begun an investigation of its own into the death of Brandon McClelland in Paris and wants the crime tried as a hate crime.

McClelland’s body was found on FM 2648 in the early morning hours of Tuesday, Sept. 16.

Investigators first thought it was a hit-run accident, but later determined the body apparently had been dragged by the vehicle.

Two suspects have been arrested in the case.

Charles Ryan Crostley, 27, was arrested in Paris. Shannon Finley, 27, was arrested in Wichita, Kan.

Both face murder charges in the case.

Four members of the New Black Panthers said at a news conference Monday afternoon at the Lamar County Courthouse they will be pushing for the death penalty in the case.

“We were called to Paris by the family of Brandon McClelland, who was brutally murdered on Sept. 16,” Darrin X said. “We came down to do our own investigation, and we can confirm one of the suspects, Shannon Finley, has connections to the Aryan Nation. We want to get the highest punishment possible for the crime.”

The New Black Panthers said they have talked with Lamar County and District Attorney Gary Young, and said Young has told them he will do everything possible to bring the suspects to justice.

The Black Panthers said they have determined the three knew each other, but a possible motive in the case still is undetermined.

“What we know is these guys knew each other, and they are trying to say that makes a difference because they are supposed to be friends,” Darrin X said. “We want to also point out that James Byrd of Jasper knew his attackers. Just because you know someone does not mean they won’t kill you.”

He said the process now is the evidence has to be brought before a grand jury to see if there is going to be an indictment.

“With the evidence they have now, we don’t see why there would not be an indictment, and when it is all said and done, we will be pushing for the death penalty,” he said.

“What we are looking at right now, and are collecting information on is information that shows there was not a proper investigation done,” he said. “We want an outside agency to come in and investigate.”

The Texas Rangers and Texas Department of Public Safety are in charge of the investigation.

“They tell us they are going to prosecute the case to the fullest, but in the last two days, we have been collecting information on the history, and it has revealed that Paris, Texas, is very unbalanced in regards to sentencing of a white man and a black man,” he said. “Finley earlier received a four-year sentence for manslaughter for shooting a man in the head twice. If manslaughter gets you four years, what will be the sentence for murder.”

The New Black Panthers said they will be holding a rally at a church in Paris, probably Oct. 15, and will bring more people down for that meeting.

“This was a cold, hard murder,” Darrin X said. “He will kill again.”

New Black Panthers Tee Stone said: “Brandon McClelland was loved by his family. He was his mother’s only child, and he should not have to die in such an evil way on a back road, shattered. Nobody deserves that type of treatment. Now his family is impacted, because he helped his mother and his grandmother. He was loved. He was 24 and full of life.”

Finley to be extradited from Kansas

by Bill Hankins
The Paris News
Published October 7, 2008

Arrival in Paris of the second suspect in the death of Brandon D. McClelland, 24, is expected sometime this week.

Lamar County and District Attorney Gary Young said the county is using an extradition service, and the exact time of arrival of the suspect, Shannon Finley, 27, is unknown.

“The service is taking a lot of folks and delivering them to various places around the country, and we don’t know exactly when he will arrive,” Young said.

Finley was one of two suspects arrested in McClelland’s death.

Charles Ryan Crostley, 27, remains in Lamar County Jail after his arrest in Paris. Crostley’s bond on a murder charge has been set at $500,000.

McClelland’s body was found on FM 2648 in Lamar County in the early morning hours of Tuesday, Sept. 16.

Investigators first thought McClelland had been a victim of a hit-run driver, but it was later learned he was with the two suspects prior to the body being found.

Young said he still has not seen the complete investigation reports or the reports on the autopsy on McClelland’s body, which investigators said appeared to be hit and dragged.

Young said Bill Harris will prosecute the case, “because I am in an awkward position, having represented Finley in an earlier manslaughter conviction.”

“I will not even talk with Bill Harris about the case, because that might be considered a conflict,” Young said.

Young talked Monday with members of the New Black Panther Party in town to do an investigation of their own.

“I was surprised at the inference we would be more lenient on Mr. Finley because I represented him. In the past, every other defendant I had represented earlier have been upset, because they felt I had been too hard.”

Young said the Black Panthers told him they are doing an investigation of their own and are pushing for justice and a death penalty in the case.

“We feel very sad for the family for the loss of Mr. McClelland and have told them so personally,” Young said. ”The community should know this is being vigorously pursued.”

Young said earlier: “There is no indication at this time that this is a racially motivated crime, but rest assured, it will be dealt with accordingly if that becomes an issue.”

Finley awaits extradition

by Bill Hankins
The Paris News
Published September 28, 2008

One of two men arrested in the death of 24-year-old Brandon D. McClelland remains in a Wichita, Kan., jail awaiting extradition to Texas.

Lamar County and District Attorney Gary Young said this weekend he did not know if Shannon Keith Finley, 27, would accept or fight extradition, and a decision on charges against him still was being determined.

McClelland’s body was found on a Lamar County road 11 days ago.

His body was struck by a vehicle and dragged, investigators said.

Charles Ryan Crostley, 27, was arrested in Paris shortly after 8 p.m. Wednesday and remains in Lamar County Jail on a $30,000 bond on charges of tampering with physical evidence with intent to impair the investigation, and a $500,000 bond on a charge of murder.

U.S. Marshals, Texas Rangers and Texas Department of Public Safety troopers handling the investigation have determined McClelland’s death likely was intentional.

Finley was arrested after a multi-state and multi-agency manhunt and a stakeout at the residence of relatives who live in Wichita, Kan.

He surrendered without incident to U.S. Marshals, who served him with a murder warrant.

Young said his office is still reviewing the evidence obtained in the investigation.

McClelland’s body was found on FM 2648 just before 4 a.m. Tuesday, Sept. 16.

First responders believed McClelland was the victim of a hit-run accident, but after interviews with people who saw McClelland earlier, it was determined he was in the company of Crostley and Finley earlier in the night before the body was found.

Both Crostley and Finley are white. McClelland is black, and claims the death was intentional and racially motivated began to grow last week. Family members appeared on CBS news and said McClelland’s body was too badly damaged to be a simple hit-run case, but said they hoped it would not be a hate crime. Young said, however, there is no indication it was racially motivated, and the three were reported to be friends. Both Crostley and Finley have criminal histories, and Finley has served time in the Texas Department of Criminal Justice on a manslaughter conviction in the death of another “friend” in 2003 in Paris. He was sentenced July 6, 2004, to four years in prison by 62nd District Judge Scott McDowell, Crostley has served time for theft of property more than $1,500 but less than $20,000, a state felony.

Two arrested in McClelland death

by Bill Hankins
The Paris News
Published September 25, 2008

Two men have been arrested and charged in the death of 24-year-old Brandon D. McClelland, whose body was found on a Lamar County road nine days ago.

Charles Ryan Crostley, 27, was arrested in Paris shortly after 8 p.m. Wednesday and remains in Lamar County Jail on charges of murder and of tampering with physical evidence with intent to impair the investigation of murder, preliminary charges that could change pending review of the case by the Lamar County and Distrit Attorney.

U.S. Marshals, Texas Rangers and Texas Department of Public Safety troopers are handling the investigation, and have determined McClelland’s death may have been intentional.

Lamar County District Attorney’s office is assisting in the investigation.

Early today, U.S. Marshals also arrested Shannon Keith Finley, 27, in Kansas, after a multi-state and multi-agency manhunt.

Findley is awaiting transfer back to Lamar County, and likely will face the same charges.

County and District Attorney Gary Young said his office will review the evidence obtained in the investigation before determining final charges in the case.

McClelland’s body was found on FM 2648 just before 4 a.m. Tuesday, Sept. 16.

First responders believed McClelland was the victim of a hit-run accident, but after interviews with people who saw McClelland earlier, it was determined he was in the company of Crostley and Finley.

Claims McClelland’s death was a race crime surfaced last week on the Internet, by e-mail and from friends and relatives of McClelland.

“This has been examined from day one last week as a vitally important case, and it has been given full attention by the right law enforcement officers,” Young said earlier this week. “There is no indication at this time that this is a racially motivated crime, but rest assured, it will be dealt with accordingly if that becomes an issue.”

Both Crostley and Finley have lengthy criminal histories, but Finley has served time in the Texas Department of Criminal Justice on a manslaughter conviction.

He was sentenced July 6, 2004, to four years in prison by 62nd District Judge Scott McDowell, in the alleged accidental shooting of a friend, Mark Sneed.

Finley told investigators the two were being robbed and he fired shots at the fleeing robbers and accidentally hit his friend.

He was released in August of 2007 after serving his sentence.

Crostley was sentenced in a plea bargain involving theft of property, more than $1,500 but less than $20,000, a state felony.

Hit-run death still under investigation

by Bill Hankins
The Paris News
Published September 24, 2008

Texas Department of Public Safety troopers, Texas Rangers and Lamar County and District Attorney Gary Young’s office have joined in the investigation of the death of Brandon D. MClelland, whose body was found on FR 2648 Tuesday, Sept. 16.

McClelland, 24, of Paris, appeared to be the victim of a hit-run accident.

DPS trooper Thomas Keele said McClelland had been struck by an unknown vehicle while walking eastbound along the farm road sometime around 4 a.m.

Investigators said it was unknown why he was on the road at that time.

“As with any investigation that is under way, we cannot give specifics at this time,” County and District Attorney Gary Young said. “We feel very sad for the family for the loss of Mr. McClelland and have told them so personally. The community should know this is being vigorously pursued.”

Claims McClelland’s death was a race crime surfaced last week on the Internet, by e-mail and from friends and relatives of McClelland.

“This has been examined from day one last week as a vitally important case, and it has been given full attention by the right law enforcement officers,” Young said. “There is no indication at this time that this is a racially motivated crime, but rest assured, it will be dealt with accordingly if that becomes an issue.”

No arrests have been made in the death, and it is still listed as a hit-run fatality.

‘No refusal’ program makes roads safer

The Paris News
Published August 25, 2008

In today’s battles over rights to privacy, there is one argument that should not be considered — the right to refuse a law enforcement officer’s request for a suspected drunk driver to take a breath test or a blood test.

Drunk drivers have created havoc on our roadways much too often and have left too many families devastated or destroyed, including their own.

A law officer’s request for a breath test or blood test is not meant to take a driver’s rights away, but in most cases to save the driver’s life or perhaps the lives of others that driver might destroy in a roadway accident.

Lamar County law enforcement officers — including the sheriff’s deprtment, Paris Police Department, Reno Police Department, Lamar County Constables, Lamar County Attorney’s Office and the Texas Department of Public Safety — have joined in a “no refusal program” for the Labor Day Holiday.

Suspected drunk drivers will first be asked to submit to a breath or blood test, but if they refuse, judges will be on hand to issue warrants to compell those tests.

Drinking and driving follows the same old rule as a Texas football pass, except the three things that can happen are all bad.

Getting drunk drivers off the road is a good thing, and law enforcement officers should be applauded for their efforts to do so.

Taking away a driver’s right to refuse a test cannot be as bad as giving him the right to kill someone on the highway.

The switch to the no refusal policy in Lamar County will most likely make the county more safe over the holiday.

County initiates ‘no-refusal' weekend

by Bill Hankins
The Paris News
Published August 22, 2008

County law enforcement have joined a growing list of Texas counties initiating a no-refusal weekend for persons suspected of driving while intoxicated.

“Labor Day weekend, if you are suspected of DWI and you refuse to provide a breath test, you will not be able to refuse a blood test,” said Calvin Grogan, assistant county and district attorney.

The no-refusal weekend will be a collaborative effort between Paris Police, Texas Department of Public Safety, Reno Police, Lamar County Sheriff's Office, and the Lamar County Attorney's Office.

County Court-at-Law Judge Deane Loughmiller and 62nd District Judge Scott McDowell have agreed to be available Labor Day weekend to review all requests for blood search warrants.

Grogan said a large number of people arrested for DWI do not provide a sample of their breath or blood and incorrectly believe a breath test refusal will automatically mean no criminal prosecution will occur.

“There are many cases we try each month in front of juries without breath or blood test evidence, and we still are successful in getting guilty verdicts,” he said. “People have to take this seriously. We're talking about safety on our roads and that's everybody's business.”

It is against Texas law to operate a motor vehicle on a public road while intoxicated. There are several ways a person can be legally proven to be intoxicated: a blood alcohol content (BAC) greater than .08, or by proof the person has lost the normal use of his or her mental and/or physical faculties by introduction of alcohol or controlled substances into the body.

Grogan said there are criminal and administrative consequences for not providing a breath sample when suspected of DWI. “The Texas Transportation Code allows a person's driving privileges to be suspended for 180 days, regardless if the person is subsequently criminally prosecuted,” he said.

FOR IMMEDIATE RELEASE

August 21, 2008

No refusal in Lamar County over Labor Day weekend

This Labor Day weekend, Lamar County will join the growing list of Texas counties initiating a no-refusal weekend for persons suspected of driving while intoxicated.

"Labor Day weekend, if you are suspected of DWI and you refuse to provide a breath test, you will not be able to refuse a blood test," said Calvin Grogan, assistant county and district attorney.

The no-refusal weekend will be a collaborative effort between Paris Police, Texas Department of Public Safety, Reno Police, Lamar County Sheriff's Office, and the Lamar County Attorney's Office.

County Court-at-Law Judge Deane Loughmiller and 62nd District Judge Scott McDowell have agreed to be available Labor Day weekend to review all requests for blood search warrants. Paris Regional Medical Center has agreed to conduct the blood draws free of charge.

Grogan said a large number of people arrested for DWI do not provide a sample of their breath or blood and incorrectly believe a breath test refusal will automatically mean no criminal prosecution will occur.

"There are many cases we try each month in front of juries without breath or blood test evidence, and we still are successful in getting guilty verdicts," he said. "People have to take this seriously. We're talking about safety on our roads and that's everybody's business."

It is against Texas law to operate a motor vehicle on a public road while intoxicated. There are several ways a person can be legally proven to be intoxicated: a blood alcohol content (BAC) greater than .08, or by proof the person has lost the normal use of his or her mental and/or physical faculties by introduction of alcohol or controlled substances into the body.

Grogan said there are criminal and administrative consequences for not providing a breath sample when suspected of DWI. "The Texas Transportation Code allows a person's driving privileges to be suspended for 180 days, regardless if the person is subsequently criminally prosecuted," he said.

Paris man receives 35 year sentence

Staff Email
The Paris News
Published August 13, 2008

An 18-year-old Paris man was given a 35-year prison sentence by a jury Tuesday for selling crack cocaine.

Steven Deon Jones, who was 17 at the time of his offenses, was charged with selling more than four but less than 200 grams of crack to an undercover informant in 2007. The jury watched videotaped surveillance of the transactions before finding Jones guilty Tuesday.

Jones could have received life in prison.

“The apple doesn't fall far from the tree,” First Assistant County and District Attorney Bill Harris said. “His father is in prison for drugs as is his uncle.”

Jones took the stand in his own defense during the punishment phase and told the jury his father, Lonnie “Snowman” Robins and his uncle, Tony “T-Rob” Robins, are in prison. Jones said he wanted to be present for his infant son as he grows up but acknowledged he was on the same path as his family members.

Testimony included Jones was in possession of a handgun during commission of one of the crimes.

Harris noted the jury sent a message that “no matter how young you may be, if you are dealing narcotics you will pay. It’s just not worth it.”

Prosecutors brought a total of three cases involving Jones' drug sales investigated by Paris Police narcotics officers. The jury gave the maximum 20 years in prison on the second and 10 years on the third case. The sentences in all three will run at the same time, according to 62nd District Judge Scott McDowell, who presided over the trial.

The jury found the crimes occurred in a drug free zone requiring Jones to serve a minimum half of his sentence before parole eligibility.

Jones was represented by defense attorney Ben Massar.

FOR IMMEDIATE RELEASE

August 12, 2008

First offense drug dealer gets 35 years from jury

An eighteen-year-old Paris man was given a 35-year prison sentence by a jury Tuesday for selling crack cocaine.

Steven Deon Jones, who was seventeen at the time of his offenses, was charged with selling more than four but less than 200 grams of crack to an undercover informant in 2007. The jury watched videotaped surveillance of the transactions before finding Jones guilty Tuesday morning.

Jones could have received life in prison.

"The apple doesn't fall far from the tree," said First Assistant County and District Attorney Bill Harris. "His father is in prison for drugs as is his uncle."

Jones took the stand in his own defense during the punishment phase and told the jury his father, Lonnie "Snowman" Robins and his uncle, Tony "T-Rob" Robins, are in prison. Jones said he wanted to be present for his infant son as he grows up but acknowledged he was on the same path as his family members.

Jones frequently said he did not recall where he got the drugs he was selling, but did name one supplier: Zakhari Tolbert, who went to prison in November for drug sales.

Testimony included Jones was in possession of a handgun during commission of one of the crimes. A young girl testified Jones forced her to have sex with him against her will last year and evidence of a juvenile conviction for aggravated assault with a deadly weapon was also presented.

"As one drug dealer gets prison, others are waiting in the wings. There is a steady demand for drugs in our town and there are unscrupulous young men waiting to make a living supplying that demand," Harris said.

Harris noted the jury sent a message that "no matter how young you may be, if you are dealing narcotics you will pay. It's just not worth it."

Prosecutors brought a total of three cases involving Jones' drug sales investigated by Paris Police narcotics officers. The jury gave the maximum 20 years in prison on the second and 10 years on the third case. The sentences in all three will run at the same time, according to 62nd District Judge Scott McDowell, who presided over the trial.

Jones had no prior felony offenses and was eligible under the law to receive probation. The jury found the crimes occurred in a drug free zone requiring Jones to serve a minimum half of his sentence, or seventeen and one-half years, before parole eligibility.

Jones was represented by defense attorney Ben Massar.

Gordon: guilty of murder

by Bill Hankins
The Paris News
Published August 8, 2008

Anthony “Cody” Antoine Gordon, 28, has been found guilty by a Lamar County jury of murder in the shooting death of Gerron Biggers.

It took the jury 35 minutes to reach the verdict.

Between the jury verdict of guilty and the sentencing phase, Gordon changed his plea to guilty and accepted a plea bargain of 50 years in the Texas Department of Criminal Justice system.

Judge Scott McDowell accepted the plea and passed the sentence while the jury remained in the jury room.

He then ordered the gallery audience to remain in the courtroom and allowed the jury to leave the courthouse before releasing the gallery audience.

Gordon will have to serve a minimum of 25 years before becoming eligible for parole, but under the current guidelines in murder cases, he probably would serve at least 40 years.

Biggers was gunned down from the passenger seat of a car Oct. 21, 2007, while he was standing on the corner of 6th N.E. and Tudor streets.

Gordon had claimed self defense and that Biggers had displayed a gun.

No gun was ever found, but Biggers’ friends carried him to a car and rushed him to a hospital before police arrived.

The shooting took place while scores of people stood by shortly after 4:30 a.m. on a Sunday, after nearby Club Vic had closed its doors for the night and people poured into the street.

Prosecutors called 15 witnesses to the stand. Most knew the victim and the defendant, and most disputed or said they did not remember their own witness statements taken by police shortly after the shooting.

District Attorney Gary Young and Assistant District Attorney Bill Harris were forced to ask the court to declare two of their own witnesses as “hostile witnesses” and continuously reverted back to their original sworn statements to police and the grand jury.

Witnesses repeatedly said: “I don’t remember” or “that was not what I said.”

Paris Police detective Jeff Springer was called to the stand to verify he had taken the statements and witnesses signed them.

During the sometimes confusing testimony, one person was ushered out of the courtroom and told to leave the courthouse after abusive outbursts from the gallery.

Biggers’ friend Henry Edwards told the jury he was standing near the victim when the shots were fired.

He said he hit the ground, then got up to find his friend had been shot.

He said he and another friend, Darrick McCarty, carried Biggers to McCarty’s car and rushed him to the hospital, where he was declared dead.

McCarty testified because he feared more shooting, he got his shotgun out of his car trunk before picking up the victim.

“I could hear him gasping for air when we got him to the car,” McCarty said.

Both Edwards and McCarty said they did not see Biggers with a gun, but police statements showed the victim did have drugs and $2,280 in cash on him when he was shot.

Witnesses said there were conflicts between Gordon and his friends in the days prior to the shooting.

The conflicts apparently began with a burglary at Biggars home involving drugs, a gun and money. The burglary was not reported until after the shooting.

Biggers apparently blamed Gordon’s cousin for the burglary.

Witnesses said Jason Jermaine “JJ” Gordon and Kemonte Gordon were in the car with Cody Gordon at the time of the shooting.

Jason Gordon had been a co-defendant in the trial, but moments before the trial opened, he changed his plea to guilty and was handed a plea bargain 19-year sentence in TDCJ.

Jason Gordon had been released from prison on parole two years ago, after serving a sentence in the deaths of two young girls in a traffic accident. The stolen car he was driving ran a stop sign and plowed into the car of a father taking the two young girls to school.

Cody Gordon had served prison sentences twice before and had a long history of problems with law enforcement. He was arrested for possession of marijuana, possession of a controlled substance, aggravated assault and attempted murder.

He was released from prison in October 2005.

A firearms forensic expert testified Biggers was shot from three to five feet away, and that his hands showed no signs he had fired a weapon.

Gunshot residue was found in the car owned by Jason Gordon, and a spent cartridge was in the windshield wiper well in the car’s hood.

Defense attorney Heath Hyde told jurors in his opening statement: “This is all going to boil down to whether it was self defense.”

Young told the jury: “I don’t believe the facts will play out for self defense.”

After the shooting, the defendant had someone drive him to Dallas. A girlfriend allegedly drove his car there later to sell it and get cash either for Gordon to flee or to hire an attorney to defend him.

He was arrested in Dallas after a tip from someone he had called in Paris.

Testimony showed a web of activity by Gordon involving multiple girlfriends and friends and family members answering questions in an apparent effort to defend him.

In his sentencing plea bargain, Gordon gave up his right to appeal the verdict and sentence.

After the sentence, Biggers parents, Debra Akins and Eddie Biggers faced Gordon in the courtroom.

Akins told Gordon: “You took the life of my son. I heard from him every day, and I will never get to hold him again. You still have your life, and you still have your kids. I am not as angry as I was the morning I got that call. I just pray that I can find it in my heart later in life to forgive you.”

“You ripped my heart out, and I am really angry and bitter, and I just wanted to look you in the face,” Eddie Biggers said.

Mother sentenced to 28 years

by Bill Hankins
The Paris News
Published July 31, 2008

(To protect the identity of the juvenile victim in this article, the names of the mother and other witnesses are not used. The article contains material inappropriate for children.)

A 29-year-old mother, convicted of engaging in sex acts with her 5-year-old biological son, has been sentenced to 28 years in prison for aggravated assault on a child less than 14 years of age.

Judge Jim Lovett passed the jury-recommended sentence shortly before 4 p.m. Wednesday in his 6th District Courtroom.

The mother will be required to serve half the sentence before being eligible for parole.

She also received three 20-year sentences on three counts of indecency with a child. Those sentences will run concurrently with the 28-year sentence.

The jury of nine men and three women deliberated more than four hours before reaching a sentence recommendation.

"This is one of the most unimaginable things to actually happen to a child," Gary Young, Lamar County and District Attorney, said. "This woman may have given birth to the little boy, but she is no mother to have done things like this."

Assistant prosecutor Jill Drake said, "This child was brave enough to tell the truth and, thankfully, the jury believed that truth."

The case first surfaced in 2007, after an incident in which the child was caught in a closet coercing another child to have oral sex.

He told his stepmother he learned of such acts from his mother at the age of 5.

The jury deliberated more than five hours before finding the mother guilty.

During the punishment phase, jurors heard the story of a “manipulative” woman who “conned” people throughout her life, including claiming a fake pregnancy and claiming to have had a stillborn child.

Witnesses testified she even went so far as to run an obituary in a newspaper and received donations from many people to help her funeral expenses.

She was arrested for filing a false police report and was sentenced to serve 20 days in Lamar County Jail in the fake pregnancy case.

When the mother took the stand, Young asked: “You knew, didn’t you, there could be no pregnancy since you had a tubal ligation and a hysterectomy years before?”

“Yes,” she answered.

“There wasn’t any pregnancy or stillborn baby, was there?” Young asked.

“No,” she answered.

Young called several witnesses who said they had observed the mother physically abusing her children when they were young by slapping them, knocking them down and once swinging a broom handle at them.

She denied such abuse ever took place.

Witnesses testified she often locked her son and daughter in their rooms.

Other witnesses testified she had spent time in jail on three separate occasions, at least once on bad check charges.

Defense attorney Brady Fisher told the jury: “She has had a hard life, but has a supporting family and can fulfill all the requirements of probation if you recommend it.”

In Young’s summation, he said: “We can be here for hours and hours to talk about all the bad things she has done, but if you recommend probation she can walk out of this courtroom and go down the elevator with you.”

“When someone commits this type of crime, they go to prison for a long time,” Young said. “Think about the long term impact she will have on her son’s life, and think about the impact she has made on society through the years.”

She will be illegible for parole in 2022.

Mother is convicted

by Bill Hankins
The Paris News
Published July 30, 2008

A 29-year-old Lamar County mother was convicted Tuesday of engaging in sex acts with her 5-year-old son.

Testimony was scheduled for today in the punishment phase of the trial.

A jury of nine men and three women found the mother guilty of one count of aggravated sexual assault of a child under 14 years of age and three counts of indecency with a child by sexual contact.

The son, now 8, testified at the two-day trial he had been forced by his mother to have oral sex on her and to let her have oral sex with him.

The case first surfaced in 2007, after an incident in which the child was caught in a closet trying to coerce another child to have oral sex.

He told his stepmother his biological mother had introduced sex with him at the age of 5.

He was moved to his father’s home in 2005 in a custody decision not related to the sex charges.

County Attorney Gary Young called several witnesses to the stand, including the boy, his stepmother and several men who said they had relationships with the defendant.

The young victim testified in open court, with his mother out of sight behind a screen.

He had been expected to testify by closed circuit television from another room, but a malfunction of equipment resulted in 6th District Court Judge Jim Lovett scrapping that plan in favor of open testimony before the jury.

The 8-year-old boy, pointing to specific spots on dolls, told jurors what he said happened between him and his mother.

He said his mother on at least three occasions brought him into her bedroom, where they both took off their clothes, and he was told to “lick her private parts” while she performed oral sex on him.

Other witnesses testified the mother was not always truthful and had a troubled past.

The defendant took the stand and denied the alleged incidents ever took place, contending the allegations were made up to be evidence in a custody fight.

She said after her divorce from her son’s father, he married one of her best friends in high school and there had been continued conflicts over custody.

She said her only problem through the years stemmed from her diagnosed “bipolarism.”

The sexual contact was alleged to have taken place shortly before or during January 2005.

A semi-retired former obstetrician and gynecologist residing in Powderly testified he had performed a partial hysterectomy on the defendant and left a “noticeable” scar. He said she also had other scars from previous operations.

During his testimony, the boy had said he did not see a scar on his mother, but Young pointed out to the jury a 5-year-old boy might not notice such things as scars.

The doctor also told jurors after the partial hysterectomy, it was discovered the defendant had Human Papilloma Virus (HPV) that made her a high risk for cervical cancer. He said that could have been passed on to sexual partners.

The mother’s father and former mother-in-law testified she was not always truthful or credible.

Defense attorney Brady Fisher told jurors in his summation to look at the whole picture and ask themselves: “What is wrong with this picture?”

“This is a troubled, troubled, troubled child,”he said. “He blamed his mother when he got into trouble. The evidence of the sexual act does not fit. It does not match. It is not possible.”

Young told jurors to make their decisions on what they heard in the courtroom.

He praised the boy for telling the story, and urged jurors to look closely at his testimony and that from the many witnesses.

“This case is not about a custody fight,” Young said. “It is about sexual abuse of a child.”

The jury deliberated on the case three hours before returning a note to Lovett the situation may be deadlocked.

Lovett called them back into the courtroom and urged them to continue seeking a unanimous verdict.

“If you continue to be unable to reach a decision, the court must declare a mistrial. The same questions will be left to another jury, which will have to decide on the same issues,” Lovett said.

The jury then went back to the jury room and deliberated almost three more hours before returning the guilty verdict.

Drug supplier sentenced

by Bill Hankins
The Paris News
Published July 29, 2008

A 34-year-old Sulphur Springs man, labeled by law enforcement as a major drug supplier, has received a 60-year prison sentence in Lamar County.

Detwonne Monshay Alexander was arrested in August 2007 by the Paris police Narcotics and Felony Crimes Unit, after a traffic stop and a police chase.

Police officers, using a confidential informant, were investigating a “lower end” drug dealer and became aware of her supplier.

Shortly after that, Alexander was involved in a routine traffic stop, but fled on foot.

Officers found several items in his vehicle linking him to the lower end drug dealer.

He was arrested in a drug free zone, which means he must serve at least half his sentence for manufacturing and delivering a controlled substance of more than four grams but less than 200 grams before becoming eligible for parole.

The sentence by a Lamar County jury, composed of seven men and five women, was handed down by 6th District Court Judge Jim Lovett. Alexander’s conviction Friday followed two days of testimony.

Alexander’s criminal history includes prior felony convictions, including robbery and aggravated assault with a deadly weapon in 1991. He was placed on probation for those crimes, but the probation later was revoked.

“Once again officers making use of limited resources have eliminated another criminal from the streets, and thanks to a jury which understood the situation, he has been given a lengthy sentence,” prosecutor Bill Harris said.

Alexander was offered a plea bargain, which was substantially lower than the sentence, but declined that offer.

Diane Sprague represented Alexander.

VINE — Peace of mind for victims of crime

Allan Hubbard
columnist | The Paris News

Published July 18, 2008

We don’t all agree with the ever changing process and flow of information, what is accessible, what should be made public, what should be kept private.

But the underlying spirit of a new service to Lamar County citizens, and especially its crime victims, is a noble one founded on empowerment through information.

VINE, or Victim Information Notification Everyday, came online locally in late June making use of Lamar County Jail booking and courts data to keep registered users informed when a suspect or defendant’s status changes.

A victim can access VINE via the Internet or telephone, register as a person to be informed about a particular offender or suspect, and the VINE system calls or e-mails the victim if their offender is released from jail, transfers to the state prison system, or is headed to court in the near future.

The attorneys general and crime victim advocate groups in 43 states have implemented VINE. It’s free for a victim to register and be kept informed. Installation of the system in Lamar County was paid by a grant from the Texas Attorney General. Ongoing maintenance year-to-year will be the county’s responsibility.

It is a deserving service worthy of being kept funded. I pray no one in decision making how county tax dollars are spent ever need to use the VINE system. But if they do, or are at least compassionate to the plight of our more than 350 violent crime victims per year, rest assured it will remain in place.

I could tug at your heart strings and paint a sympathetic story about a poor, abused, lonely, fragile and frightened victim of a violent crime who finds comfort knowing if their perpetrator gets out of jail or goes to court they will be notified.

I could portray the cold and ruthless criminal justice system which casts victims out to the cold, involves and “deals with” victims only when they have to, and how VINE is one of a victim’s most dependable friends in times of distress.

Either would be accurate to a degree.

Children who are abused notwithstanding, I will tell you that a great many crime victims get themselves victimized by their own actions. I will tell you that in Lamar County the random victim who just happens to be in the wrong place at the wrong time is less frequent than a victim who ends up hurt because of choices they make to remain in dangerous situations.

But, anecdotally, a woman whose abusive husband is arrested constantly looks over her shoulder in a local store wondering if he got out and is now following her to retaliate when no one’s watching. A man who was assaulted by a drug-addicted neighbor wonders if the strange sound outside his window is the now-released addict returning to finish the job as vengeance for calling the police.

The examples are endless. The empowering tool for people in these situations, for their mental and emotional wellbeing, is information.

Is the suspect/defendant still in jail? Have they bonded out? Is there a court hearing next week? Have they been transferred from county jail into the state prison system?

Knowing these answers helps them cope as the process unfolds, and heal as their victimization carries weeks into years.

To register for VINE, visit www.vinelink.com or call 877-894-8463.

Allan Hubbard is a Paris resident and victim witness coordinator for Lamar County and District Attorney Gary Young.

VINE keeps eye on criminals, suspects

By Bill Hankins
The Paris News

Published July 10, 2008

Lamar County has joined the state’s victim notification system that allows victims of crime to track the movement of criminals and suspects in the jails and court system.

VINE is the Victim Information Notification Everyday system active in almost every county in Texas and 37 other states.

Victims of crime can register to be notified on the movement of a particular suspect or convict.

All victims have to do is register a phone number or e-mail address to be notified when a county jail inmate’s status changes or a court proceeding is scheduled.

The service is free, and any change in the offender’s status or court hearing is updated and sent in real time to anyone who registers under that offender’s name.

“We have local inmates who are violent and people need to know about them,” Lamar County and District Attorney Gary Young said. “It is time we put this system in place to notify victims when offenders are released from jail or a hearing is set for them.”

The process of joining the VINE system started more than two years ago, when the district attorney’s office was told by the state Lamar County is one of the last of the larger counties in Texas not using the system.

Young immediately set the wheels in motion to join the system.

“We made it a live program at the end of June,” county victims coordinator Allan Hubbard said. “We have been working to get it started more than two years.”

The VINE system also can be utilized by law enforcement departments attempting to keep track of suspects being processed in other counties.

“The Department of Homeland Security also has access to this information, and officials can register to find information about offenders,” Hubbard said. “From terror suspects to people just on wanted lists that pop up in county jails, Homeland Security would have access to that information that might otherwise slip by.”

Hubbard said for the most part the system was set up to warn victims when a violent offender is released from jail, giving them the opportunity to protect themselves.

“There often is a fear in the minds of victims the suspect is out of jail and they are not aware of it,” Hubbard said.

If released, offenders can be tracked throughout their parole.

Those wishing information about an offender or suspect can register online at www.vinelink.com or by calling 877-894-8463.

A person can register to receive information about an offender from a specific facility such as Lamar County Jail or from all facilities in the VINE linkup.

The program is handled by the Texas Attorney General’s office, but is a nationwide program.

Although anyone can register to receive information about anyone in jail, at County Judge Chuck Superville’s request, the district attorney’s office will be concerned mostly with registering victims of violent crime.

Drug dealer bargains for 45-year sentence

Staff reports
Special to The Paris News

Published June 27, 2008

A Paris man who prosecutors labeled a “significant drug dealer” admitted his guilt Thursday and was sentenced to 45 years in prison in a plea bargain.

Alfred “Choke” Williams, 47, faced a possible life sentence if convicted by a jury.

District Judge Jim D. Lovett approved the plea bargain terms in 6th District Court.

Lamar County and District Attorney Gary Young called it “the biggest sentence in a plea bargain we've seen in almost four years.”

“Narcotics officers are continuing to diligently eat away at the local problem,” Young said. “They are to be commended for not letting up.”

An extensive drug-related criminal history made Williams a repeat offender under Texas law.

Two counts of delivery of a controlled substance from November and December 2007 took place in a drug free zone mandating Williams must spend half his sentence before parole eligibility.

FOR IMMEDIATE RELEASE

June 26, 2008

Another drug dealer sent to prison

A Paris man who prosecutors labeled a "significant drug dealer" admitted his guilt Thursday and was sentenced to 45 years in prison in a plea bargain.

Alfred "Choke" Williams, 47, faced a possible life sentence if convicted by a jury. District Judge Jim D. Lovett approved the plea bargain terms.

Lamar County and District Attorney Gary Young called it "the biggest sentence in a plea bargain we've seen in almost four years."

"Narcotics officers are continuing to diligently eat away at the local problem," Young said. "They are to be commended for not letting up."

An extensive drug-related criminal history made Williams a repeat offender under Texas law. Two counts of delivery of a controlled substance from November and December 2007 took place in a drug free zone mandating Williams must spend half his sentence before parole eligibility.

"That's 22 and one-half years before he could possibly get out," Young said.

Drug dealers off to prison

Staff reports
Special to The Paris News

Published June 25, 2008

Sixth District Judge Jim D. Lovett sent three Lamar County drug dealers to prison Monday, each for a first offense.

Lovett found Deanna Nicholson, 39, of Paris, guilty and handed her a 10-year sentence on three counts of delivery of a controlled substance.

She was arrested for selling methamphetamine to an undercover informant.

The judge also found Cody Pate, 18, of Paris, guilty and gave him a 5-year sentence on one count of manufacturing or delivering a controlled substance.

Pate was charged with attempting to convert powder cocaine to crack cocaine.

Brittany Brown, 23, of Paris, plead guilty. She was given a 10-year sentence on one count of manufacturing or delivery of a controlled substance. Brown was charged with delivering and/or selling powder cocaine as many as 20 to 30 times.

“If we’re able to determine a person is dealing a sizable amount of drugs, or has numerous transactions, our office will attempt to put that person in prison even if it’s his or her first offense,” Lamar County and District Attorney Gary Young said.

“I’ve grown tired of hearing from defendants who have no prior record and think they deserve probation. Each time someone sells drugs multiple lives are affected — not just the dealer and the addict,” Young said. “We do not feel that people who affect society in this manner are deserving of probation.”

All three defendants waived their right to a jury trial.

FOR IMMEDIATE RELEASE

June 24, 2008

First offense drug dealers sentenced to prison

Sixth District Judge Jim D. Lovett sent three Lamar County drug dealers to prison Monday, each for their first offense.

Lovett found Deanna Nicholson, 39 of Paris, guilty and handed her a 10-year sentence on three counts of delivery of a controlled substance. She was arrested for selling methamphetamine to an undercover informant.

The judge also found Cody Pate, 18 of Paris, guilty and gave him a 5-year sentence on one count of manufacturing or delivering a controlled substance. Pate was charged with attempting to convert powder cocaine to crack cocaine.

Brittany Brown, 23 of Paris, watched the two previous cases and decided to plead guilty. She was given a 10-year sentence on one count of manufacturing or delivery of a controlled substance. Brown was charged with delivering and/or selling powder cocaine as many as 20-30 times.

"If we're able to determine you're dealing a sizeable amount of drugs, or have numerous transactions, our office will attempt to put you in prison even if it's your first offense," said Lamar County and District Attorney Gary Young.

"I've grown tired of hearing from defendants who have no prior record and think they deserve probation. Each time someone sells drugs multiple lives are effected - not just the dealer and the addict," Young said. "We do not feel that people who effect society in this manner are deserving of probation."

All three defendants waived their right to a jury trial.

Jury finds Paris man guilty of BWI

Staff reports
Special to The Paris News

Published June 10, 2008

A Lamar County jury took just eight minutes Monday to find Robert James Wilson, 51, of Paris, guilty of boating while intoxicated.

Due to a lengthy criminal history involving numerous prior felonies, Wilson faced up to life in prison. He was handed a 35-year sentence by 62nd District Judge Scott McDowell.

The June 2007 incident handled by game wardens and state troopers at Pat Mayse Lake was Wilson's second boating while intoxicated arrest.

“Clearly, this is a man with no regard for the safety of people around him. It is perhaps the highest example of blatant and senseless danger to drink alcohol and operate any type of motor vehicle, on a road or a lake,” Bill Harris, first assistant county and district attorney, said.

Game warden Bryan Callahan testified as the arresting officer that Wilson fled on a jet ski to avoid questioning about erratic boating on the lake.

After a brief chase on water that Callahan said reached speeds exceeding 40 miles per hour, Wilson banked the jet ski on shore near Lamar Point and Callahan testified he pursued Wilson on foot.

Game warden Darla Barr and state trooper Greg Wilson also testified as to the defendant's level of intoxication.

“These officers were seeing to the safety of Pat Mayse Lake on a summer day and thankfully removed Mr. Wilson before he caused an injury to someone. That's public safety at its best and we are lucky to have these officers serving us,” assistant prosecutor Calvin Grogan said.

Wilson has numerous misdemeanor and felony driving while intoxicated convictions, and was arrested in May for violating bond in a family violence incident. He was sentenced to four years for felony DWI in 2001. Wilson was also convicted for an attempted rape in the mid 1980s in another Texas county.

Wilson was represented by defense attorney Brady Fisher.

FOR IMMEDIATE RELEASE

June 9, 2008

Jury convicts for boating while intoxicated

A Lamar County jury took just eight minutes Monday to find Robert James Wilson, 51 of Paris, guilty of boating while intoxicated.

Due to a lengthy criminal history involving numerous prior felonies, Wilson faced up to life in prison. He was handed a 35 year sentence by 62nd District Judge Scott McDowell.

The June 2007 incident handled by game wardens and state troopers at Pat Mayse Lake was Wilson's second boating while intoxicated arrest.

"Clearly, this is a man with no regard for the safety of people around him. It is perhaps the highest example of blatant and senseless danger to drink alcohol and operate any type of motor vehicle, on a road or a lake," said Bill Harris, First Assistant County and District Attorney.

Game warden Bryan Callahan testified as the arresting officer that Wilson fled on a jet ski to avoid questioning about erratic boating on the lake. After a brief chase on water that reached speeds exceeding 40 miles per hour, Wilson banked the jet ski on shore near Lamar Point and Callahan testified he pursued Wilson on foot.

Game warden Darla Barr and state trooper Greg Wilson also testified as to the defendant's level of intoxication.

"These officers were seeing to the safety of Pat Mayse Lake on a summer day and thankfully removed Mr. Wilson before he caused an injury to someone. That's public safety at its best and we are lucky to have these officers serving us," assistant prosecutor Calvin Grogan said.

Wilson has numerous misdemeanor and felony driving while intoxicated convictions, and was arrested in May for violating bond in a family violence incident. He was sentenced to four years for felony DWI in 2001. Wilson was also convicted for an attempted rape in the mid 1980s in another Texas county.

Wilson was represented by defense attorney Brady Fisher.

Fuller gets two prison sentences

By Bill Hankins
The Paris News

Published June 6, 2008

Michael Charles Fuller, convicted Wednesday for sexual assault of a child and two counts of indecency with a child, was handed two prison sentences of 15 years and one of five Thursday by a Lamar County jury of six men and six women.

On the recommendation of County and District Attorney Gary Young, 162nd District Court Judge Scott McDowell ruled the former star Paris High football player must serve one of the 15-year sentences and the five-year sentence consecutively.

The remaining 15-year sentence will be concurrent.

The consecutive sentences will more than double those handed down in the first trial on the same charges for Fuller in Lamar County.

The convictions in those cases carried sentences of one eight-year term and two five-year terms, all to be served concurrently, but a Texas appeals court reversed those convictions on the grounds of “ineffective” counsel.

Fuller, who already has spent more than three years behind bars, will get credit for the time served toward the time he will have to serve on the new sentences.

Young said he must serve at least half the 15-year sentences, then must begin serving the five-year term.

Fuller had asked for probation, but the jury, which took only 30 minutes to recommend sentencing, made no recommendation for probation.

Young said the conviction should send a message to people who would commit this type of crime, but “the type of people who commit this type of crime usually believe they never will be caught.”

After sentencing, Fuller announced to the court he again will appeal the decision, claiming a conflict of interest between his court-appointed attorney Dave Turner and a defense witness Turner had earlier represented.

He also said there was at least one other conflict of interest issue.

Fuller’s conviction Wednesday came after a day of testimony in which the victim testified he had sexually molested and attacked her while he lived in the home with her mother. The victim was 15 at the time.

During the sentencing phase, another woman testified Fuller had sexual relations with her from the time she was 14 to the age of 18, often picking her up at school for a sexual outing.

Fuller took the stand in his own behalf, denying the incidents with the alleged victim took place but admitting the sexual relations with the second witness.

Young painted Fuller as a person who often had been in trouble with the law and who, instead of working to support himself, used people to pay his way while he pursued the “pipe-dream” of playing professional football.

Fuller is found guilty

By Bill Hankins
The Paris News

Published June 5, 2008

A Paris jury Wednesday found Michael Charles Fuller, 37, a former Paris High School football star, guilty of sexual assault of a child and indecency with a child.

The sentencing hearing began immediately after the conviction and continued today.

The case stems from 2001 allegations Fuller molested and had sexual contact with the 15-year-old daughter of his girlfriend at the time.

It was the second time a Paris jury has found Fuller guilty.

In the first, in 2005, Fuller was given an eight-year prison sentence on the sexual assault and five years each on two counts of indecency with a child, but in March of 2007, the 6th Appellate District of Texas reversed the conviction because of “ineffective assistance.”

Fuller was jailed in December 2001 and remained there until April 2002. He was jailed again before his trial in December 2005, and has spent more than three years incarcerated.

After the reversal of his first conviction, Fuller was released on bond until his second trial.

After the second conviction, 62nd District Court Judge Scott McDowell remanded Fuller back into custody, awaiting the results of the sentencing phase of his trial.

In Wednesday’s testimony, the victim, now 22, told in detail about the sexual encounters that led her to turn Fuller in.

Her accounts that led to the indecency charges were that he touched her between the legs and exposed himself to her in separate incidents and that he later assaulted her sexually.

She said Fuller had moved into the home with her, her brother and her mother, and that she did not like him from the beginning.

Defense attorney Dave Turner attempted to show the 15-year-old did not like Fuller and her mother’s attention toward him and therefore made up the stories to get rid of him.

Prosecutor Gary Young told jurors: “The defense arguments make no sense, because the 15-year-old eventually began to “get along” with Fuller, and he even bought her presents.”

Testimony from the mother revealed Fuller lived in the home but never paid any of the bills and seldom worked, and she even paid for him to attend football camp.

Young said he made an agreement with the mother that he would train to get a pro-football contract while she worked to support them.

“That was a pipe dream, 11 years after he had played any organized football,” Young said.

Jurors took less than an hour to return a conviction.

In the punishment phase, a woman now serving time for prescription fraud, told the court how Fuller also had sexual relations with her, picking her up at North Lamar High School to have sex with her from the time she was 14 until she was 18.

She said at the time she thought she was in love with him, but looking back “it was all a big mistake,” that resulted in her getting pregnant and having a miscarriage.

It was revealed that later she attempted suicide and had deep emotional and mental problems.

“I was suffering from a miscarriage, and he got mad because I got pregnant,” she said.

Turner attempted to show she brought the story to the district attorney’s attention because she wanted to get a lighter sentence on her fraud conviction.

“I wanted a lighter sentence, but they would not do that,” she said.

Four Lamar County law enforcement officers testified Fuller had a long history of unlawful behavior going back to the early 1990s.

The victim’s mother testified she is still in love with Fuller.

Young told jurors the young victim “did not get along that well with her mother, and there were some typical teenage things going on, and she didn’t know whether or not she could tell her mom while the incidents were going on.”

It was after her mom learned she had taken a pregnancy test, Fuller was turned in to child protective services, and the investigation led to the charges against him.

Sentencing phase continues today in 62nd District Court.

Magazine publisher pleads guilty to fraud

By Bill Hankins
The Paris News

Published June 1, 2008

Brown offered his plea before 62nd District Court Judge Scott McDowell Friday.

McDowell then sentenced Brown to two years state jail time but probated that sentence for five years. He also ordered restitution of the more than $7,620. Lamar County and District Attorney Gary Young said he owed both subscribers and advertisers.

Brown paid half the restitution, and was ordered to pay the remaining half during the five years of probation.

The full color publication that grabbed the attention of the up-and-comers of Paris ceased publication in March of 2007 without notice to subscribers or advertisers.

Complete Printing & Publishing in Carthage said they contracted to print the magazine on a publication by publication basis but never received payment for the second edition and never received any materials to print on the third.

Contributors to the magazine and advertisers said they were not given any notification of the magazine’s situation and were shocked to hear of Brown’s departure.

It was later learned, Brown had moved to Dallas, but he gave no explanation on why he abruptly left Paris.

“Anytime we have victims who have been defrauded of money, our goal is to get restitution,” Young said. “In this case, Mr. Brown is now a convicted felon, and we caution anybody doing business with him again.”

May 8, 2008

30 years in prison for repeat DWI

Leslie Gene Goodman, 47 of Paris, was found guilty by a jury Thursday for his third driving while intoxicated charge stemming from a February 2006 incident.

The jury returned after just 10 minutes of deliberation. District Judge Scott McDowell assessed punishment at 30 years in prison.

Goodman's status as a repeat offender mandated a minimum of 25 years incarceration. Records show he spent time in prison for felony theft and aggravated robbery. His prior misdemeanor DWI arrests were in 1991 and 1999.

"People drinking alcohol and driving on our streets is, and always will be, dangerous," said assistant county and district attorney Jill Drake, who was assisted by prosecutor Bill Harris.

"Among all the things becoming more accepted in our society, endangering the lives of other drivers because of bad choices involving alcohol is not one of them - at least not in Lamar County," Mrs. Drake said.

Goodman was accused of striking a telephone poll at the intersection of Simpson and 20th SE streets with the pickup he was driving. Police reports indicated he fled the scene on foot and was apprehended in a nearby neighborhood.

Paris police officers Mike Ford and Sam Owens testified, as did a chemist and nurse from Paris Regional Medical Center. A civilian witness also testified to seeing Goodman behind the wheel of the pickup and running away from the accident scene.

Evidence revealed Goodman's blood alcohol level was .274, more than three times the legal limit of .08.

Goodman was represented by defense attorneys James Rodgers and Gary Waite of Paris.

Man found guilty of child molestation case

Staff reports
The Paris News

Published April 27, 2008

A Lamar County jury deliberated one hour Friday before finding 39-year-old Emmit Upton of Paris guilty of molesting a child.

Upton was charged with aggravated sexual assault and indecency with a child stemming from a February 2007 incident.

The child reported the assault to a school official the morning after and an interview at the Children’s Advocacy Center followed.

After the jury verdict, prosecutors and defense attorneys reached a punishment deal of 20 years in prison on each of two counts, to run concurrently.

District Judge Jim Lovett approved the sentence.

“This child had the courage to come forward and tell what happened, and thankfully, a sexual assault exam was performed and medical evidence proved it,” Lamar County and District Attorney Gary Young said.

Lead prosecutor Jill Drake put forth the state’s case.

The child testified before the jury, as well as forensic interviewer Rebecca Peevy, sexual assault nurse Peyton McMon-igle and Paris Police Sgt. Shane Boatwright.

Defense attorney Ben Massar told the jury inconsistencies in the child’s story led him to believe she was lying.

Prosecutors said the inconsistencies were small, but “the core message, the truth about what he did, was consistent each time the child had to tell the story.”

“These are not easy cases,” Young said. “But we are blessed to have an excellent resource in the Child Advocacy Center and in our sexual assault nurses who, in this case, were able to connect the dots with proof we don’t sometimes have.”

Upton must serve a minimum 10 years before parole eligibility.

FOR IMMEDIATE RELEASE

April 25, 2008

Paris man guilty of molesting girl

A Lamar County jury deliberated one hour Friday and found Emmit Upton, 39 of Paris, guilty of molesting a child.

Upton was charged with aggravated sexual assault and indecency with a child stemming from a February 2007 incident. The child reported the assault to a school official the morning after and an interview at the Children's Advocacy Center followed involving law enforcement.

After the jury's verdict, prosecutors and defense attorney Ben Massar reached a punishment deal of 20 years in prison on each of two counts, to be run concurrently. District Judge Jim Lovett approved the sentence following a day-long trial of testimony Thursday.

"This child had the courage to come forward and tell what happened and, thankfully, a sexual assault exam was performed and medical evidence proved it," said Gary Young, Lamar County and District Attorney.

Lead prosecutor Jill Drake put forth the state's case where the child testified before the jury, along with forensic interviewer Rebecca Peevy, sexual assault nurse Peyton McMonigle, and Sgt. Shane Boatwright of the Paris police.

Inconsistencies in the child's statements immediately after the incident and on the witness stand led the defense to allege the child was lying. Prosecutors, through expert witness information, pointed to small differences in the details but said, "The core message, the truth about what he did, was consistent each time the child had to tell the story," Mrs. Drake said.

"These are not easy cases," Young said. "But we are blessed to have an excellent resource in the child advocacy center and in our sexual assault nurses who, in this case, were able to connect the dots with proof we don't sometimes have."

Upton must serve a minimum 10 years before parole eligibility. Young's office said he will likely serve 15-18 years based on current parole trends.

Wear blue ribbons to champion victims

Staff reports
The Paris News

Published March 27, 2008

Years of abuse are still in the young woman’s memory, but she has moved beyond considering herself a victim.

She is now a survivor.

Several area agencies are teaming up to honor her and others like her during the month of April.

April 13-19 is designated as National Crime Victims’ Rights Week and the entire month is National Child Abuse Prevention Month.

CASA for Kids, Children’s Advocacy Center, adult and juvenile probation, Lamar County Child Welfare Board, SAFE-T Crisis Center, Northeast Texas Opportunities and other groups have joined forces to bring attention to those injured by crimes like domestic violence and child abuse.

“Blue ribbons worn on the lapel indicate a person advocates or champions victims’ rights and wants to see an end to violence against people,” Allan Hubbard, victim witness coordinator for the Lamar County and District Attorney’s Office, said.

A candlelight vigil is planned for 6 p.m. Thursday, April 3, at Calvary United Methodist Church in Paris with a reception to follow.

Sunday, April 6, is “Blue Sunday,” and people are encouraged to wear blue ribbons to church with bells ringing at 11 a.m. in honor of children.

Coinciding with Week of the Young Child, special readers will be on hand at Paris Public Library April 13-18. A ceremony honoring victims will be at Lamar County Courthouse 2 p.m. Tuesday, April 22, where a wall of honor is temprarily erected on the first floor.

“In addition, a visually striking display of hundreds of pairs of shoes will be in the courthouse with each pair representing a child hurt by abuse,” Hubbard said.

For more information, contact Adelaide Reynolds at CASA, 903-737-4346.

For immediate release

March 5, 2008

Felony DWI offender found guilty by jury

A Lamar County jury Wednesday found a Blossom man guilty of his third driving while intoxicated offense.

James Matthew Patterson, 25, was stopped by Texas Department of Public Safety trooper Greg Wilson in early morning hours July 1, 2007, after a three-mile high-speed chase. Trooper Wilson testified Patterson was intoxicated, evaded arrest, and reached speeds of more than 100 miles per hour.

The jury watched the trooper's in-car video from the arrest as well as Patterson's unsuccessful attempts at field sobriety tests. Patterson was sentenced to 10 years probation and completion of a prison-based drug and alcohol treatment program by 62nd District Judge Scott McDowell.

Patterson testified in his own defense and admitted to drinking five beers and part of another over a 10-hour period. He told the jury he was not intoxicated and that he pulled over as soon as he saw trooper Wilson's flashing lights.

The jury acquitted him of the evading arrest charge.

"Upon release from the prison rehabilitation program, which usually takes about a year, Patterson will spend the remainder of 10 years on probation," Assistant Lamar County and District Attorney Calvin Grogan said. "Hopefully, he'll learn his lesson during his rehab stay and will not be dangerous on our roads again."

Patterson was previously convicted for two misdemeanor DWI arrests in 2001 and 2002.

Patterson was represented by defense attorney Barney Sawyer of Paris.

Drug manufacturing plea brings 20-year sentence

Staff reports
Special to The Paris News

Published February 24, 2008

Lonnie Earl “Snowman” Robins, 39, of Paris, pleaded guilty Friday before County Court-at-Law Judge Deanne Loughmiller to manufacturing or delivery of a controlled substance stemming from a July 2007 sting operation using an undercover buyer.

Robins agreed to a 20-year sentence as part of his plea.

He will spend at least the next 10 years behind bars for dealing drugs, Lamar County and District Attorney Gary Young said.

Paris Police narcotics officers with the Felony Crimes Unit nabbed Robins after secretly videotaping him selling nine grams of crack cocaine.

Due to the transaction taking place within 1,000 feet of a daycare center in a drug free zone, Robins must spend a minimum of half his sentence before being eligible for parole.

Known on the streets as “Snowman,” Robins’ lengthy criminal history in Lamar County dates to 1991 and includes prior violent crimes such as aggravated assault, deadly conduct and unlawfully carrying a weapon, in addition to burglary.

“Thanks to officers who did their job, and did it well, Mr. Robins and his drugs will be out of commission for several years,” Young said. “Hopefully, any dealer thinking about taking his place will consider the consequences and that we have these investigators who use all available means to go after dealers.”

Robins was represented by defense attorney Jeff Starnes of Paris.

February 22, 2008

Prison for known Paris drug dealer

Lonnie Earl "Snowman" Robins will spend "at least the next 10 years" behind bars for dealing drugs, according to Lamar County and District Attorney Gary Young.

Robins, 39 of Paris, pled guilty Friday before County Court-at-Law Judge Deanne Loughmiller to manufacturing or delivery of a controlled substance stemming from a July 2007 sting operation using an undercover buyer. Robins agreed to a 20-year sentence as part of his plea.

Paris Police narcotics officers with the Felony Crimes Unit nabbed Robins after secretly videotaping him selling nine grams of crack cocaine. Due to the transaction taking place within 1,000 feet of a daycare center in a Drug Free Zone, Robins must spend a minimum of half his sentence before being eligible for parole.

Known on the streets as "Snowman," Robins' lengthy criminal history in Lamar County dates back to 1991 and includes prior violent crimes such as aggravated assault, deadly conduct and unlawfully carrying a weapon in addition to burglary. Officers' intelligence information had Robins pegged as a principal drug dealer in the Paris area.

"Thanks to officers who did their job, and did it well, Mr. Robins and his drugs will be out of commission for several years," Young said. "Hopefully, any dealer thinking about taking his place will consider the consequences and that we have these investigators who use all available means to go after dealers."

Robins was represented by defense attorney Jeff Starnes of Paris.

Judge affirms conviction

By Bill Hankins
The Paris News

Published February 7, 2008

Sixth Judicial District Court of Appeals has affirmed the conviction of James Rene Hayes on three charges of possession of a controlled substance.

Hayes was sentenced to 99-years in prison in Judge Jim Lovett’s 6th District Court in Lamar County and ordered to pay a $20,000 fine.

Hayes appealed the convictions because he said there was perjured testimony, that the evidence was insufficient and the expert witness testimony was without adequate evidence of the opinions’ reliability.

He also said his counsel was constitutionally ineffective.

The appeals court overruled each of Hayes claims in his appeal.

In ruling, the appeals court stated: “Failure to make the required showing of either deficient performance or sufficient prejudice defeats the ineffectiveness claim. The appellant bears the burden of proving by a preponderance of the evidence that counsel was ineffective. We find that, under these circumstances and based on the state of the record before us, Hayes has not carried that burden. This point of error is overruled. We affirm the judgment of the trial court.”

Confessed meth dealer gets two prison sentences

Staff reports
Special to The Paris News

Published January 27, 2008

A Lamar County jury late Friday handed a confessed drug dealer 20- and 12-year prison sentences after a guilty plea to charges involving methamphetamine.

Charles Terrell McClure, 40, of Grant, Okla., took the stand in his own defense after police officers from two states said McClure was a known dealer who they finally caught in March 2007 on a traffic stop that traversed the Red River.

McClure pleaded guilty to charges of delivery of a controlled substance and possession with intent to deliver a controlled substance before 6th District Judge Jim Lovett.

The jury was summoned to assess punishment.

Lovett set the sentences to run concurrently and imposed a $1,000 fine in each case.

“When you do the numbers, this man sold enough drugs to result in a profit of more than $100,000,” Lamar County and District Attorney Gary Young said.

Testimony indicated McClure took over his deceased brother’s drug dealing business “and made all the profit for himself,” Young said.

McClure told of selling meth while on duty in his official job inside the city limits of Paris.

The jury heard from officers that McClure was caught with 50 grams, but McClure told the court he had sold more than 1,300 grams over a nine-month period.

Choctaw County law enforcement officers testified McClure and his family have been involved in drug dealing in Oklahoma “for years.”

Paris Police narcotics officers told how McClure cut and packaged the drugs, outlined how much profit was made per unit of usage and how the drugs were found in McClure’s truck during the traffic stop.

It was McClure’s first felony arrest, and he was eligible for probation, but instead received prison time.

“He had no prior criminal problems at all,” Young said.

January 25, 2008

Confessed drug dealer gets prison from jury

A Lamar County jury handed a self-confessed drug dealer 20 and 12 year prison sentences late Friday after he pleaded guilty to charges involving methamphetamine.

Charles Terrell McClure, 40 of Grant, Oklahoma, took the stand in his own defense after police officers from two states said McClure was a known dealer who they finally caught up with in March 2007 on a traffic stop that traversed the Red River.

McClure pleaded guilty to charges of delivery of a controlled substances and possession with intent to deliver a controlled substance before state district Judge Jim Lovett. The jury was summoned to assess punishment. Lovett set the sentences to run concurrently and imposed a $1,000 fine in each case.

"When you do the numbers, this man sold enough drugs to result in a profit of more than $100,000," Lamar County and District Attorney Gary Young said. Testimony included that McClure took over his deceased brother's drug dealing business "and made all the profit for himself," Young said.

McClure admitted to selling meth while on duty in his official job inside the city limits of Paris. The jury heard from officers that McClure was caught with 50 grams, but McClure admitted to having sold more than 1,300 grams over a nine-month period.

Choctaw County law enforcement testified McClure and his family have been drug dealers in their stretch of Oklahoma "for years," Young said. Paris Police narcotics officers explained how McClure cut and packaged the drugs, outlined how much profit was made per unit of usage, and how the drugs were found in McClure's truck during the stop.

This was McClure's first felony arrest and he was eligible for probation. "He had no prior criminal problems at all," Young said.

Guilty plea brings 10-year sentence

By Bill Hankins
The Paris News

Published January 23, 2008

Brandon Eugene Washington, 20, Tuesday was handed a 10-year sentence in Texas Department of Criminal Justice after he offered a guilty plea in a September 2007 aggravated armed robbery of the Speedy Stop, 1900 Clarksville, in Paris.

“Given that this was aggravated because he used a weapon, Mr. Washington must spend at least five years day-for-day in TDCJ before being eligible for parole,” Lamar County and District Attorney Gary Young said.

The Clarksville man, 19 at the time of the robbery, carried a small pistol into the store and demanded money, but the clerk did not believe the pistol was real, so she refused to give him money.

He ran from the store and led police on an hour-long foot chase before being captured.

The store clerk was shaken when she found the pistol was real.

Editorial: County attorney’s office doing a good job

Staff reports
The Paris News

Published January 14, 2008

Criminals in Lamar County are quick to draw the attention of local law enforcement backed by a county attorney’s office that remains tough on crime.

Law enforcement reacts quickly to get criminals off the streets, and the county attorney’s office acts equally quickly to keep them off the streets.

Even misdemeanor crime gets much attention in the county.

County and District Attorney Gary Young’s office got convictions in 2,343 misdemeanor cases in the past year, taking hundreds of small-time criminals off the streets and discouraging others from committing the same criminal acts again.

Young’s office also fought for and obtained 639 felony convictions during the year, making sure Lamar County citizens are safer.

Despite the new trend for early release of felons, Young has continued to rid the streets of offenders and has been quick to get re-offenders off the streets.

The county attorney’s office has worked well with law enforcement agencies, and those agencies have responded by increasing their efforts to put big offenders in jail.

Narcotics investigators have stepped up their efforts to sweep the streets of those who manufacture illegal drugs and those who deal drugs.

That also puts a damper on the crimes users commit to maintain drug habits.

Young’s office has been firm on drug dealers, and that is making a difference in Lamar County.

It might be noted that it is an election year, but Young has been such a strong force in the county attorney’s office, no one has stepped forward to contest him in the elections.

He must be doing a good job.

Tigertown teen gets 10-year sentence

By Bill Hankins
The Paris News

Published January 11, 2008

A Lamar County jury sentenced a 14-year-old boy to 10 years Thursday in an intoxication manslaughter case resulting from an accident near Tigertown that killed his friend.

The teenager will remain in custody, pending an appeal to the 6th Appelate District of Texas in Texarkana.

The results of that appeal will determine if the youngster is sent to Texas Youth Commission to serve at least two years before being brought back to Lamar County for a hearing to determine the rest of his sentence.

Martin Harder, 16, died Dec. 2, when he was thrown from a vehicle driven by the 14 year old as it rolled and skidded along FM 38 near Tigertown.

The vehicle had missed a curve in the road, and the driver lost control.

Five youngsters were in the car at the time, the oldest 16, and Department of Public Safety troopers said most if not all were intoxicated.

The driver had twice the legal limit of alcohol in his blood — .166 blood alcohol.

None had driver’s licenses.

The youngsters were Mexican citizens and members of the Mennonite community in Tigertown.

“This is a collision of cultures involving a community of quiet, decent, honest people who have now come in direct contact with our criminal justice system,” said prosecuting attorney Bill Harris in his summation before the jury.

“This is a crime. Someone is dead,” he said.

“Can you imagine the pain of knowing a son is never coming home again, and that his life ended in a body bag out on the highway.”

Prosecutor Jill Drake told the jury: “This young man needs to learn appropriate values and learn appropriate responses. He has committed many crimes but he has just not been caught. It is a lack of supervision. Now we have promises, but no plan from the family.”

Drake said the teenager may not appear to be headstrong, but he is.

“He is probation eligible but not probation worthy,” she said. “He needs an education.”

Defense attorney Ben Massar told the jury: “This is a horrible accident, He will be punished for the rest of his life for being a contributing factor in the death of his friend, but accidents happen.”

Massar said he is just a shy, softspoken someone who took responsibility for his actions.

“He pleaded guilty. He has his own community to help him,” he said.

Massar asked the jury not to send the youngster into a situation with hardened criminals.

“He did not mean to do it,” he said. “He is just 14 years old.”

Two other youngsters and the driver received injuries in the accident.

The jury took just over an hour in the sentencing phase, sending out four notes to the judge to get confirmation on various issues of the sentencing.

Drake told the jury: “This is a direct result of conscious decisions the youngster made leading up to the fatal car crash. He dropped out of school at age 12, was drinking at age 14 and driving at age 14 and all those decisions caused a wreck that caused a death.”

Apparently the jury listened, forming the sentence around the premise this was more than just a horrible accident.

Jury to deliberate fate of Tigertown teen

By Bill Hankins
The Paris News

Published January 10, 2008

Prosecution and defense rested their case Wednesday in the disposition hearing for a 14-year-old boy who allegedly was double the state’s legal blood alcohol limit when he was involved in a traffic accident that killed his friend near Tigertown Dec. 2.

The teenager offered a “true” plea earlier this week to a charge of intoxication manslaughter, and the hearing in 62nd District Court in Lamar County is to decide his punishment.

He could receive anything from probation to 20 years confinement.

Summations began earlier today, and the fate of the youngster is expected to be in the hands of a jury of eight women and four men.

Testimony in the disposition hearing said the teenager had a .166 blood alcohol level when he rolled his family vehicle on FM 38 near Tigertown.

Texas Department of Public Service officer Thomas Curry told jurors the youngster, with four passengers in his father’s GMC Jimmy, was well over the speed limit when he failed to negotiate a curve, lost control and the vehicle rolled along an accident path that covered 750 feet.

One of the five youngsters, Martin Harder, 16, was thrown from the car and crushed beneath it.

He was pronounced dead at the scene.

Two others received severe injuries and were rushed, along with the teenage driver, to Paris Regional Medical Center, South Campus.

Nurse Kim Miller described helping the youngsters and watching the blood sample being taken that showed the teenager to be twice the state’s legal alcohol limit of .08 blood alcohol.

Paris Police Sgt. Shane Boatright and Paris Assistant Police Chief Bob Hundley testified about the wreck scene, including how the vehicle failed to make a curve, overcorrected and rolled, ejecting three of the youngsters.

The only uninjured survivor of the accident described the events leading up to the crash.

He said three of the boys, all below the age of 16 and none with driver’s licenses, left Tigertown early in the day, picked up two girls in Petty and went to a restaurant in Paris.

From there, they took the girls home, picked up two other boys and headed back to the Tigertown area.

The accident happened just after 3 p.m., along the route home.

The 14-year-old driver, his mother and father all testified at the disposition hearing, saying they could handle the rules of probation if the jury hands down that determination.

Debbie Kennedy of the Lamar County Juvenile Probation Office recommended the jury send the teenager to the Texas Youth Commission “so he could get the treatment he needs.”

She said he needs alcohol counseling and education and other forms of counseling.

“I have concerns the family can handle the rules of probation,” she said. “I think they will find it difficult to comply with the rules of the court because that is not what is expected in their community.”

All of the youngsters involved in the accident had dropped out of school, and one of the requirements of probation would be the 14-year old would have to return to school and get an education.

The young driver of the vehicle is a Mexican citizen and a member of the Mennonite community near Tigertown.

Prosecutors in the case are assistant county attorneys Bill Harris and Jill Drake. Defense attorney is Ben Massar.

Tigertown teen enters plea in auto accident

By Bill Hankins
The Paris News

Published January 8, 2008

A 14-year-old boy charged with intoxication manslaughter has entered a “true” pleading in 62nd District Court and the sentencing phase will begin at 9 a.m. Wednesday.

The teenager was the driver of a vehicle in a rollover accident Dec. 2 near Tigertown.

He was one of four teenagers in the vehicle.

One youngster was killed and two injured, and State Department of Public Safety investigators said alcohol was involved in the mishap.

The teenager has remained in custody since the accident, with prosecutors contending he would be a flight risk since he is a Mexican citizen.

County, district attorney’s office reports progress

By Bill Hankins
The Paris News

Published January 6, 2008

In 2007, Young and his prosecutors took a bite out of crime in every area, including everything from misdemeanor offenses to major felonies.

Young’s office recorded 639 felony convictions, with 431 cases resulting in prison, state jail or county jail time.

Probation was handed out in 208 felony cases.

Grand jury indictments brought in 470 cases.

“We had defendants pleading guilty in 2007 to significant sentences because our record has shown, and local juries have shown, they are tough on crime and not letting folks off easy in the courtroom,” Young said.

Young’s office disposed of 2,343 misdemeanor cases with convictions.

In those cases, $140, 863.92 in restitution was ordered for the victims.

The handling of hot check cases added $424,578.76 in restitution for merchants and fees collected.

Young said in the past year, there was a decrease in the number of jury trials compared to years past.

He attributed that to lawbreakers awareness the county is getting tougher on criminal cases.

Convictions in the past year have included a six-time drunk driver sentenced to eight years, a 15-year sentence for evading arrest, 30 years in prison for domestic assault and 10 years for rape of a child.

A methamphetamine dealer drew a 40-year sentence, getting him off the streets for a significant time. Another meth dealer was handed a 22-year prison term.

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 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.

A 27-year-old man was handed a 20-year prison sentence after being found guilty of child abuse of his girlfriend’s child, and the man who struck an elderly lady in the head was handed an eight-year prison term. His attack apparently was random and unprovoked.

One of two suspects in the botched robbery attempt in the summer of 2007 at the Speedy Cash store on Lamar Avenue offered a guilty plea and was sentenced to seven years in the Texas Department of Criminal Justice.

Dierdric Darnell Dorsey, 29, was sentenced by 62nd District Court Judge Scott McDowell to seven years.

A second suspect, Derrick Deshaun Ransome, told prosecutors he would plead guilty, but changed his mind and is being held over for trial.

Dorsey was lucky to get only prison time in the case. A clerk fired shots at the pair attempting the robbery, but missed. She said her intent was not to miss.

Victims of crime in Lamar County included mistreated animals.

A misdemeanor Lamar County jury 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.

It was a busy year for Young’s office despite the decrease in jury trials, and 289 active cases are still on the books to be handled in the first few months of this year.
(c) 2005 Lamar County Attorney
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