James Minefee, 64, of Teague, Texas has been acquitted of both felony counts of Indecency with a Child Sexual Contact at his jury trial, presided over by 77th District Judge Patrick Simmons, came to an end last week.
Minefee was accused of touching his step-granddaughter, now 9-years-old, on her breasts and genital area on December 30, 2016 when she and her older step-sister were spending the night at their grandparents’ home.
“I’m a God fearing man who attends church regularly,” stated Minefee, as the defendant took the stand in his own defense. “I never even thought about doing anything like this! It was a complete shock when I found out what I was being accused of. Her story is made up.”
By several accounts, this family was very close-knit prior to the supposed incident; the alleged victim even referred to her step-grandfather (Minefee), as her Pawpaw.
“Why would she accuse you of such a thing if it didn’t happen? What would she have to gain by making this accusation?” asked District Attorney Brian Evans.”
“If I knew, we wouldn’t be here right now,” answered Minefee.
Minefee continues, saying that he was never questioned by law enforcement, though he would have loved to have given his side of the story. When he was arrested by Freestone County Sheriff’s Office and asked if he knew why, he answered “No comment.”
“I would have given a statement or answered questions, if they had asked me,” Minefee states. “But they didn’t. That is their job, and they didn’t.”
Defense Attorney, David E. Moore, presented evidence in the form of several videos taken on an i-Pad of the sisters playing outside at the grandparents’ home on the day after the incident was said to have occurred. The girls both seemed ‘normal’ and ‘happy.’ Giggling and putting on makeup; doing cartwheels and other numerous activities.
Moore argued the fact that important evidence in this case was “lost” by law enforcement and therefore never tested for DNA to confirm or deny if contact had been made.
Witnesses for the defense included various family members who testified on behalf of Minefee’s character. Also taking the stand for the defense was his wife, Carrie Minefee.
Many witnesses for the State testified on the alleged victim’s behalf, including the minor, herself.
Other witnesses were the step-sister, a minor; the mother, Jami DeBorde; Pat Williams, Former Freestone County Sheriff Deputy (who took the initial report from the family); Clayton Aldrich, investigator with FCSO; Kristi Skains, Forensic Interviewer for the Waco Advocacy Center (who interviewed the sisters); and the Nurse Examiner from Waco, Mickie Dye.
Dye stated that she found red irritation marks on the alleged victim’s genitals that were consistent with some type of friction taking place.
Forensic Interviewer Skains explained that most children between the ages of 8 and 10 don’t fully understand the gravity of a situation like this right away. It’s usually after they see the reaction of adults when they come to grasp the seriousness of what took place. So it would be ‘normal’ for them to be acting as a normal child the day after an incident such as this.
Following three long days of testimony from both sides of the case and a two-hour jury deliberation, the verdict of ‘Not Guilty’ was handed down on both counts.
“I want to thank my attorney, David Moore, and my family and friends for being there for me and believing in me,” says Minefee. “Most of all, I want to thank my Lord and Savior! I ask for everyone’s prayers as we start the healing process.”
“James Minefee professed his innocence and his faith in God and the jury system from the first day I met him,” explains Moore. “The jury heard all the evidence, followed the law, and rendered their verdict of ‘Not Guilty’ on both felony counts alleged in the indictment.”
Moore continues, “We believe the jury reached the only decision they could have reached. In my 38 years experience in criminal justice, I’ve never seen a case that was investigated more poorly. I’ve never seen a case where two different deputy sheriffs were accused of losing evidence in the same case. The failures of law enforcement undermined not only the case, but the alleged victim, the defendant, and our system of justice. I pray for all the people involved in this case to find comfort in God’s grace.”
In response to the lost evidence, Freestone County Sheriff, Jeremy Shipley, has released the following statement: “Upon learning the disposition of a recent case, the Sheriff’s Office has met with the District Attorney’s Office to review possible procedural deficiencies within the Sheriff’s Office. We, as a Sheriff’s Office, are very disappointed in learning that the handling or managing of this recent investigation fell well short of what is expected of our agency. With that being in mind, we are immediately taking positive steps in addressing this issue and making sure we do not repeat these shortcomings in the future.”
“My office is proud to have presented this case on behalf of the victim and the victim’s family,” states District Attorney Evans. “As always, I respect the jury’s decision and the citizens of Freestone County who took the time to serve as jurors.”
“Cases like these are sensitive from the very beginning,” explains mother, Jami DeBorde, and husband, Cole. “The only thing we wanted out of this was for her voice to be heard. She is strong and resilient; she is a fighter. We are extremely disappointed in the final decision made, but the best thing we can do right now is move forward with God on our side.”
(Photos by Nicole Schaefer)
