Dismissals and Pleas Galore PDF  ICON_SEP Print ICON_SEP  E-mail
Written by Nicole Schaefer   
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139 Criminal Cases in One Day

 

Freestone County’s new County/District Attorney, Brian Evans, has disposed of numerous criminal cases during his first 45 days in public office.

During a recent County Court held on Tuesday, February 14, 2017, Evans and Freestone County Judge Linda Grant navigated through a large docket containing 139 criminal cases.

“My staff and I worked hard to review all of the cases and make a decision on how to move forward,’ says Evans.

Evans’ Assistant County Attorney is Cari Warner, who also served under the previous County Attorney and was in charge of misdemeanor intake and prosecution from 2014 through May of 2016.

Of those 139 cases, the results break down as follows:

--48 cases were dismissed with various explanations

--26 cases were resolved with plea bargains

--In 10 of the cases, the defendant did not show up for court, therefore the case is put on “hold” and a warrant for arrest is issued

--50 of the cases will have future pretrial conferences within the next few months

--5 cases will be going to a Jury Trial as both parties were unable to come to an agreement to resolve the case

With the 48 criminal cases that were dismissed, 17 of the case files cited the reason for dismissal as being due to the fact that the case is 3 years or older. The majority of these cases are from 2014.

“The delay in prosecuting cases is not typical for that amount of cases and something that I do not want happening under my administration,” explains Evans. “That delay does not necessarily come about because of the judicial system, but more so based on how hard the District/County Attorney’s Office works to reach a resolution.”

Evans continues, “Sometimes this requires a dismissal of the case if there is not enough evidence.”

Below is a list of Freestone County Court criminal cases that were disposed of on February 14th, including old cases dismissed, new cases dismissed (for miscellaneous reasons), and plea bargains.

Motion to Dismiss (MTD) on 2-14-17 (Old Cases)

--Allen Dewand Asberry– Possession of Marijuana Less than 2 ounces in 2014. MTD states, “Due to this case being from 2014, we cannot fully prosecute it.”

--Karenetha Easterwood – Theft of Property between $20 & $500 by check in 2009. MTD states, “This case is from 2009; therefore, we cannot successfully prosecute.”

--Matthew Bryan Ethridge – Interfere with Emergency Call in 2014. MTD states, “The case is from 2014, therefore, unable to fully prosecute.”

--Kelvin Lamond Graves – Driving While License Invalid in 2014. MTD states, “Offence date is 2014; therefore, we are unable to present credible evidence to a jury to prove this case beyond a reasonable doubt.”

--Larry Donnell Jackson – Fail to Identify Fugitive Intent Give False Information in 2011. MTD states, “Case is from 2011; therefore, we are unable to successfully prosecute this case.”

--Larry Donnell Jackson – Evading Arrest/Detention in 2011. MTD states, “Case is from 2011; therefore, we are unable to successfully prosecute this case.”

--Barry Lee Kratz – Speeding in 2005. MTD states, “Due to the fact that this offense is from 2005, we cannot successfully prosecute at this point.”

--Audy Elmer Lopes – Theft of Property between $20 & $500 by check in 2013. MTD states, “Offense date is 2013; therefore, we are unable to present credible evidence to a jury to prove this.”

--Jacob Allen Padgett – DWI with Open Alcohol Container in 2010. MTD states, “Offense date is 2010; therefore, we are unable to present credible evidence to jury to prove this.”

--Weldon Scott Preston - Driving with License Invalid/Suspended with a Previous Conviction without Financial Responsibility (Insurance) in 2014. MTD states, “In the interest of justice, the DWI is over 2 years old and the defendant is attempting to regain his driving privileges.”

--Michael Anthony Rodriguez - Driving with License Invalid/Suspended with a Previous Conviction without Financial Responsibility (Insurance) in 2010. MTD states, “Offense occurred in 2010; therefore, we are unable to successfully prosecute.”

--Jimmy Lee Rogers – Driving While Intoxicated Second Time in 2014. MTD states, “Due to the date of the offence, 2014, we are unable to fully prosecute this case.”

--Catherine Schmidt – Driving While Intoxicated in 2014. MTD states, “Due to the date of the offense, 2014, we are unable to fully prosecute this case.”

--Kathleen Marie Shaw – Speeding More than 10% Above Posted Limit in 2014. MTD states, “Offense occurred in 2014; therefore, we are unable to fully prosecute this case.”

--Kathleen Marie Shaw – Fail to Appear in Justice Court in 2014. MTD states, “Offense occurred in 2014; therefore, we are unable to fully prosecute this case.”

--Harveen Singh Toor – Purchase/Furnish Alcohol to a Minor in 2014. MTD states, “Offense date is 2014; therefore, we are unable to present credible evidence to a jury to prove this beyond a reasonable doubt.”

--Harveen Singh Toor – Purchase/Furnish Alcohol to a Minor in 2014. MTD states, “Offense date is 2014; therefore, we are unable to present credible evidence to a jury to prove this beyond a reasonable doubt.”

Motion to Dismiss (MTD) on 2-14-17 (Misc Reasons)

--Clinton John Atwell – DWI Second Time in 2015. MTD states, “Blood Warrant does not include a time of contact; therefore, it is not a valid search warrant.”

--Eddie Eugene Brackens, Jr. – Assault Causes Bodily Injury Family Violence in 2015. MTD states, “Complaining Witness request dismissal.”

--Giovanni Osmin Flores – Assault Causes Bodily Injury in 2016. MTD states, “Taken into consideration with a plea in cause 16069CR (Criminal Court) per agreement with prior DA.”

--Emma E Garza – Driving While Intoxicated in 2016. MTD states, “Can’t prove an intoxicating substance beyond a reasonable doubt.”

--James Earl Hatcher – Criminal Trespass in 2016. MTD states, “Defendant sent to Vernon State Hospital.”

--James Earl Hatcher – Criminal Mischief between $100 & $750 in 2016. MTD states, “Defendant sent to Vernon State Hospital.”

--Sharon Degale Haynes – Terroristic Threat Cause Fear of Immanent Serious Bodily Injury in 2015. MTD states, “The information and complaint in this case alleged an incorrect victim.”

--Betty Sue Hogan – Possession of Marijuana Less than 2 Ounces in 2014. MTD states, “Per agreement with prior Administration.”

--Betty Sue Hogan – Possession of Controlled Substance Penalty Group 3 Less than 28 Grams in 2014. MTD states, “Per agreement with prior Administration.”

--Christopher Deon James – Assault Causes Bodily Injury Family Violence in 2015. MTD states, “Per agreement with prior DA.”

--Leah Megan Kanost – Assault Causes Bodily Injury Family Violence in 2016. MTD states, “Evidence is insufficient.”

--Robert Edward Lee – Cruelty to Non-Livestock Animal in 2015. MTD states, “Taken into consideration with a plea in cause 16183CR (criminal court) in the 87th District Court.”

--Robert Edward Lee – Theft of Property between $750 & $2,500 in 2015. MTD states, “Taken into consideration with a plea in cause 16183CR (Criminal Court) in the 87th District Court.”

--Kyle Lehman – Driving While Intoxicated in 2014. MTD states, “Taken in to consideration with a plea in cause CR25238 (County Court).”

--Phillip Joseph Ligon – Driving While Intoxicated in 2016. MTD states, “Cannot prove the defendant was intoxicated when operating the vehicle.”

--Phillip Joseph Ligon – Unlicensed Carry of Weapon in 2016. MTD states, “Cannot prove the defendant was intoxicated when operating the vehicle.”

--Joseph Clint Manning – Driving with License Invalid/Suspended with a Previous Conviction without Financial Responsibility (Insurance) in 2015. MTD states, “Defendant has retained his license. The agreement to dismiss was made by the prior Administration.”

--Billy Wayne McDaniel – Interfere with Railroad Property between $500 & $1,500 in 2015. MTD states, “Underlying felony cases have been resolved.”

--Jonathan M McPherson – Theft of Property between $750 & $2,500 in 2016. MTD states, “Information was incorrectly filed in this case.”

--William Jason Motycka – Reckless Driving in 2016. MTD states, “Defendant did not commit reckless driving.”

--Wesly Murphy – Assault Causes Bodily Injury Family Violence in 2015. MTD states, “Unable to contact the victim in this case.”

--Scott E Sleziak – DWI with Blood Alcohol Level Over 0.15 in 2016. MTD states, “Unable to prove the defendant operated his vehicle on a public roadway.”

--Cordero Deshun Smith – Theft of Property between $100 & $750 in 2016. MTD states, “Taken into consideration with a plea in cause number 16139CR (Criminal Court).”

--Victor Manuel Tlamasico - Driving with License Invalid/Suspended with a Previous Conviction without Financial Responsibility (Insurance) in 2016. MTD states, “Taken into consideration with a plea in cause number CR25581 (County Court).”

--Amanda Joe Warren – Assault Causes Bodily Injury Family Violence in 2016. MTD states, “Unable to prove beyond a reasonable doubt that the defendant was the aggressor.”

--Steven Michael Warren – Assault Causes Bodily Injury Family Violence in 2016. MTD states, “The complaining witness filed an affidavit of non-prosecution and a new contradictory statement.”

--Garret Prescott Webb – Assault Causes Bodily Injury Family Violence in 2015. MTD states, “The complaining witness has filed an affidavit of non-prosecution.”

--Zachary Dylan Williams – Assault Causes Bodily Injury Family Violence in 2015. MTD states, “Taken into consideration with a plea in cause number CR25134 (County Court).”

--Zachary Dylan Williams – Interfere with an Emergency Call in 2015. MTD states, “Taken into consideration with a plea in cause number CR25134 (County Court).”

--Zachary Dylan Williams – Assault Causes Bodily Injury Family Violence in 2016. MTD states, “Taken into consideration with a plea in cause number CR25134 (County Court).”

--Roy Woodcock, Jr. – Burglary of Vehicle in 2014. MTD states, “Codefendant pleaded guilty to charges.”

Plea Bargains Made on 2-14-17

--Alexandra Marie Curry – Driving with an invalid license in 2016. Received 2 days in County Jail and a $252 court cost fee.

--Alexandra Marie Curry – Driving with an invalid license in 2016. Received 2 days in County Jail (to run concurrently with above sentence) and a $252 court cost fee.

--Marcus Obryan English – Driving with an invalid license in 2016. Received 7 days in County Jail and a $252 court cost fee.

--Francisco Perez Escobedo – DWI/Open alcoholic container in 2016. Received 180 days in County Jail and a $412 court cost fee.

--Ryan Patrick Gilligan – Possession of Marijuana Less than 2 ounces in 2016. Received 2 days in County Jail and a $312 court cost fee.

--David Jennings – Possession of Marijuana Less than 2 ounces in 2015. Received 2 days in County Jail and a $312 court cost fee.

--Joseph Lee Keevert – False Drug Test Falsification Device in 2016. Received 17 days in County Jail and a $357 court cost fee.

--Kyle Lehman – Driving with an invalid license in 2015. Received 2 days in County Jail and a $252 court cost fee.

--Jenifer Nadine Lynn Lemoine – Assault Causes Bodily Injury in 2016. Received 34 days in County Jail and a $352 court cost fee.

--Brandy Loa – Theft by Check in 2009. Received 1 day in County Jail and a $288 court cost fee.

--Patricia Kay Lyon – Driving with an invalid license in April 2016. Received 1 day in County Jail and a $252 court cost fee.

--Everett Earl Manning – Criminal Mischief between $50 & $500 in 2014. Received 1 day in County Jail and $297 court cost fee.

--Leroy McAfee – Driving with an invalid license in 2015. Received 2 days in County Jail and a $297 court cost fee.

--Adrianna Nikole Melindez – Harassment in 2014. Received 180 days in County Jail, a $300 fine, and $322 court cost fee.

--Charles E. Rasberry, III - Possession of Marijuana Less than 2 ounces in 2015. Received 4 days in County Jail.

--Dora Rogers – DWI w/Blood Alcohol over 0.15 in 2016. Received 4 days in County Jail and a $412 court cost fee.

--Jeremy Don Self – Driving with an invalid license in 2015. Received 2 days in County Jail and a $252 court cost fee.

--Jonathan Earl Swearington - Possession of Marijuana Less than 2 ounces in 2015. Received 2 days in County Jail and a $312 court cost fee.

--Victor Manuel Tlamasico – DWI w/Blood Alcohol over 0.15 in 2016. Received 365 days in County Jail, a $500 fine, and $437 court cost fee.

--David Paul Tunstall – Driving with an invalid license in 2016. Received 1 day in County Jail and a $252 court cost fee.

--Timothy Chad Whiteside - Driving with an invalid license in 2014. Received 2 days in County Jail (to run concurrently with other 3 sentences) and a $247 court cost fee.

--Timothy Chad Whiteside – Driving with an invalid license in 2014. Received 1 day in County Jail (to run concurrently with other 3 sentences) with a $252 court cost fee.

--Timothy Chad Whiteside – Accident involving damage to vehicle more than $200 in 2016. Received 3 days in County Jail (to run concurrently with other 3 sentences) and a $252 court cost fee.

--Timothy Chad Whiteside – Violation of Occupational Drivers License in 2016. Received 3 days (to run concurrently with other 3 sentences) in County Jail and a $252 court cost fee.

--Zachary Dylan Williams – Theft of Property between $500 & $1,500 in 2015. Received 3 days in County Jail and a $297 court cost fee.

--Tara Elisabeth Williams - Theft of Property between $500 & $1,500 in 2015. Received 2 days in County Jail and a $297 court cost fee.