Category: Legal

(Warning: Graphic content may disturb some people.)

District Attorney’s Office press release

Wednesday morning, a jury trial in the 173rd Judicial District Court came to an abrupt ending. Irma Espinoza, 52 of Athens, stopped the jury trial in progress and changed her plea of not guilty to guilty after one day of graphic testimony which depicted the long-term chronic neglect of her 17-year-old severely disabled daughter that weighed only 29 pounds when investigators from Adult Protective Services and the Henderson County Sheriff’s Office became aware of her condition.

Espinoza was officially charged with injury to a Disabled Person by Omission which required prosecutors prove that bodily injury was caused by Espinoza’s failure to act and seek required medical treatment or by withholding proper nutrition from her daughter.

Assistant District Attorneys Nancy Rumar and Justin Weiner prosecuted the case on behalf of Scott McKee’s Henderson County District Attorney’s Office.

Testimony from Investigator Jessica Halbert of the Henderson County Sherriff’s Office detailed an extensive investigation into a severely disabled 17-year-old who had been so maltreated and malnourished that at one point she only weighed 29 pounds while receiving emergency medical care from Children’s Medical Center of Dallas. Assistant DA Weiner elicited testimony from the investigator that the physical condition of the child was horrific due to multiple stage four pressure ulcers from lack of movement. Thirty one pictures were introduced into evidence that depicted sores so deep that they revealed bones and the skeleton like figure of the child in a medical bed. Somehow, the child survived after developing re-feeding syndrome, severe dehydration, extreme failure to thrive, malnutrition, acute kidney failure, and pressure ulcers that were so infected that the infection spread to her bones.

Halbert also detailed for the jury the deplorable conditions of the home and bedroom that the young victim lived in. According to Halbert, numerous cats lived in and around the residence with urine and fecal matter throughout the house. Halbert also told the jury that the smell of cat urine from inside the home was so powerful it could be smelled from outside the home.

An audio recording that was played for the jury contained a statement made by Espinoza. In the statement she stated that the 17-year-old with Cerebral Palsy and Mental Retardation went nearly seven years without any medical treatment. Testimony further revealed that Espinoza was the beneficiary of the nearly $2.8 million trust fund when the child dies.

District Attorney Scott McKee indicated that it was one of the worst cases of neglect he had ever seen.

“Words cannot describe the condition in which the victim was in. Investigator Halbert and I worked together closely on this case early on in the investigation. When she brought me the pictures of the victim, I couldn’t believe what I was seeing,” McKee said.

A sentencing hearing has been set for May 12, 2014 at 9 a.m. in the 173rd Judicial District Court.

Henderson County Sheriff Ray Nutt is warning residents to be aware of the “Green Dot Money Pak Card Scam.”

Green Dot Money Pak cards are legitimate, reloadable credit cards that are used by many individuals who don’t have bank accounts. Scam artists love them because they are more convenient than a money wire and just as untraceable; and once they have the Money Pak serial number, they are able to transfer the funds onto a prepaid debit card. Through these scams involving Green Dot Money Pak cards, people are losing thousands of dollars.

Working with a nonprofit credit counseling agency provides a clear picture of your financial options. They will review your budget, evaluate debt relief options alternatives and suggest solutions.

Here is how the scam works: After receiving a call from someone who claims to be collecting a debt for either a utility company, a pay day loan company or the IRS, people are being threatened; often with having some utility disconnected, or being told a warrant will be issued for their arrest, or in some cases they are told they will be deported. In some more recent cases, the scammers are posting bogus items for sale on Ebay and communicating through email to get the serial number from the Money Pak card.

Once the caller has the victim frightened, they inform the victime that they can avoid having the utility turned off, or being arrested or deported, by immediately paying the past due amount using a Green Dot Money Pak card, which can be purchased at a local store. The caller instructs the victim to purchase the card in a specified amount and provides the victim with a phone number to be called back when the Money Pak has been obtained. The victim purchases the card and proceeds to call back the number they were given. The victim is instructed to scratch off and read the Money Pak card serial number to the scammer. Once the scammer has the card’s serial number, they are able to transfer the funds onto a prepaid debit card. Study the complete review of Bestow life insurance to find out how to prevent such cases.

In all of the examples, the intended victims are instructed to buy a Green Dot Money Pak card, load the amount of the fine onto the card, and then provide the number on the back of the card to the scammer, who then drains the funds from the card.

Green Dot Money Pak cards themselves are legitimate products when used for the right purposes. Once purchased at a participating retailer with cash, consumers can use Money Pak cards to reload other prepaid cards, add money to a PayPal account without using a bank account, or make same-day payments to major companies. Because the cards can only be bought with cash, consumers never need to disclose their personal or financial information to a retail cashier or to make a payment.

The Henderson County Sheriff’s Office offers these tips to help you avoid falling victim to these scams:

• Remember that anyone who has the number on the Green Dot Money Pak card has access to the funds on the card.
• Never give out personal or financial information to anyone who emails or calls you unsolicited.
• Never wire money, provide debit or credit card numbers or Green Dot Money Pak numbers to someone you do not know.
• Utility companies and government agencies will not contact you demanding immediate payment by Money Pak.
• Use the contact number you already have to communicate with Pay Day Loan Companies that you have done business with. Do not call the numbers that are provided to you during the unsolicited phone call.

Distirct Attorney’s Office press release

An Athens man has learned the hard way that it’s never a good idea to run from the police. Michael Darrel Wideman, 26, was sentenced to 10 years in prison by Judge Carter Tarrance on March 5. Wideman was prosecuted by Assistant District Attorneys Danny Cox and Jenny Palmer of Scott McKee’s District Attorney’s Office.

Mr. Wideman’s troubles began in April of last year when Trooper Sam Nowell of the Texas Department of Public Safety Highway Patrol attempted to pull Wideman over for a traffic violation. Wideman then sped up in an attempt to flee from Nowell. The ensuing high speed chase reached speeds of 115 to 120 miles per hour, as Nowell chased Wideman down FM 317, Loop 7, and finally down Prairieville Street in North Athens.

Once in North Athens, Wideman got out of his car and fled on foot. From there, he forced his way into a home on North Prairieville Street. After hiding out in the home, which was occupied by a mother and her young children who were awaken by the sound of Wideman forcing his way in, Wideman then attempted to hide from police in a nearby field.

A multi-agency man-hunt then ensued, with Trooper Nowell being assisted by the Athens Police Department and the Henderson County Sheriff’s Office. About 30 minutes later, a body heat detector mounted atop an Athens Police patrol car detected somebody hiding in the woods. Wideman was located by Deputy Josh Rickman of the Sheriff’s Office and, after a brief struggle, Wideman was taken into custody.

Wideman was charged with Evading in a Motor Vehicle, Evading on Foot with Prior Convictions, Driving While Intoxicated and Burglary of a Habitation. Wideman pled guilty and a punishment hearing was held in front of Judge Tarrance on March 5. At the hearing, Trooper Nowell testified and video from his patrol car of the high speed chase was shown to Judge Tarrance.

Additionally, the woman whose home Wideman broke into in his attempt to hide from police also testified. She told the court about hearing somebody force open her door, and ensuing fear as the Wideman hid out in her house while her three young children were home.

District Attorney Scott praised the work of all the agencies involved and was thankful no one was serious injured in the crime spree.

“We were very fortunate that the Athens Police Department had the technology available to locate Wideman,” he said. “I certainly want those that flee and hide from the police to know that the Henderson County law enforcement community is prepared and ready to track down fugitives. Not only do we have the technology, we also have the resolve.”

Henderson County District Attorney R. Scott McKee reported the January Term, 2013, Grand Jury met on Feb. 6 and returned 50 True Bills, including the following:

Bradley Dwain McGaughey, 40, Lufkin, indicted for 1 count of Failure to Register as a Sex Offender;

Aaron Kiker, 25, Gun Barrel City, indicted for 1 count of Sexual Assault;

Justin Scott Killough, Sr., 23, Malakoff, indicted for 1 count of Indecency with a Child;

Kendrick Antonio Washington, Sr., 40, Trinidad, indicted for 1 count of Sexual Assault of a Child;

John Wayne Avrett, III, 40, Tool, indicted for 1 count of Burglary of a Building;

Jeremy Wayne Costlow, 36, LaRue, indicted for 1 count of Theft Over $20,000 and 2 counts of Credit/Debit Card Abuse;

John Bryan Bevel, 34, Athens, indicted for 1 count of Theft Over $20,000 and 1 count of Credit/Debit Card Abuse;

Marshall Edward Arie, 30, Seagoville, indicted for 1 count of Credit/Debit Card Abuse and 1 count of Possession of a Controlled Substance;

Jonathan Brandon Glenn, 28, Galveston, indicted for Escape;

Shannon Lee Murray, 49, Tyler, indicted for 1 count of Assault Family Violence Impede Breath and 1 count of Continuous Assault Family Violence;

Tray Daniel Walters, 21, Kemp, indicted for 1 count of Possession of a Controlled Substance and 1 count of Evading Arrest with a Prior Conviction;

Roy Lee Chancellor, Jr., 38, Gun Barrel City, indicted for 1 count of Possession of a Controlled Substance with Intent to Deliver, 1 count of Possession of a Controlled Substance and 1 count of Tampering with Physical Evidence;

Michael Mark Grubbs, 31, Kemp, indicted for 2 counts of Possession of a Controlled Substance and 1 count of Tampering with Physical Evidence;

Mark Anthony Allman, Jr., 33, Dallas, indicted for 1 count of Possession of a Controlled Substance;

John Christopher Lee Henshaw, 19, Athens, indicted for 1 count of Fraudulently Use or Possession of Identifying Information and 2 counts of Credit/Debit Card Abuse;

Katja Polster Duke, 22, Athens, indicted for 1 count of Fraudulently Use or Possession of Identifying Information and 2 counts of Credit/Debit Card Abuse;

Johnny Ray Legasse, 52, Malakoff, indicted for 1 count of Failure to Register as a Sex Offender;

Michael Wayne Haley, 50, Henderson, indicted for 1 count of Tampering with Physical Evidence;

Warren Chester Atwater, IV, 40, Kemp, indicted for 1 count of Possession of a Controlled Substance with Intent to Deliver, 1 count of Unlawful Possession of a Firearm by a Felon and 1 count of Aggravated Assault with a Deadly Weapon;

John Edwin Mitchell, 25, Athens, indicted for 1 count of Possession of a Controlled Substance;

Delbert Dewayne Cantrell, 43, Kemp, indicted for 1 count of Possession of a Controlled Substance;

Jose Luis Chapa, 45, Mabank, indicted for 1 count of Assault Family Violence Impede Breath and 1 count of Assault Family Violence with a Prior Conviction;

Kelton Derek Wilson, 21, Mabank, indicted for 1 count of Aggravated Assault Against a Peace Officer;

Bernice Reyes, 32, Athens, indicted for Intoxication Assault;

Craig Alan Jordan, 44, Palestine, indicted for 1 count of Possession of a Controlled Substance;

Shawn Michael Zark, 27, Eustace, indicted for 1 count of Evading Arrest with a Motor Vehicle;

Gary Wayne Mills, 57, Gun Barrel City, indicted for 1 count of Possession of a Controlled Substance with Intent to Deliver;

Rebecca Lucille Brannon, 22, Gun Barrel City, indicted for 1 count of Possession of a Controlled Substance;

Randall Scott Spicer, 51, Canton, indicted for 1 count of Possession of a Controlled Substance;

James Sean Thompson, 30, Kemp, indicted for 1 count of Theft Over $1,500;

Troy Dewayne Dosser, 41, Athens, indicted for 1 count of Burglary of a Habitation;

Robert Curtis Beloat, 24, Gun Barrel City, Assault on a Public Servant;

Jasmine Yvonne Howard, 23, Athens, indicted for 1 count of Possession of a Controlled Substance;

Jason Lee Parker, 43, Terrell, indicted for 1 count of Possession of a Controlled Substance and 1 count of Evading Arrest with a Motor Vehicle;

Travis Alexander Findlay, 24, Red Oak, indicted for 1 count of Possession of a Controlled Substance;

Sunni Rachel McAfee, 18, Red Oak, indicted for 1 count of Possession of a Controlled Substance;

Henry Leon Dobbins, Jr., 22, Athens, indicted for 1 count of Aggravated Robbery;

Anthony Todd Hamm, 52, Mabank, indicted for 1 count of Possession of a Controlled Substance;

Jeremy Wayne Bowman, 27, Athens, indicted for 2 counts of Theft Over $1,500 and 1 count of Possession of a Controlled Substance;

Robert Wayne Brantley, 21, Athens, indicted for 1 count of Theft Over $1,500;

Alton Edwin Hawthorne, 60, Kemp, indicted for 1 count of Possession of a Controlled Substance with Intent to Deliver;

Chad Edward Thomas, 41, Kemp, indicted for 1 count of Possession of a Controlled Substance and 1 count of Evading Arrest with Previous Conviction;

Paula Gaylene McKee, 47, Athens, indicted for 1 count of Possession of a Controlled Substance;

Sean Martin Martinez, 40, Gun Barrel City, indicted for 1 count of Possession of a Controlled Substance and 1 count of Tampering with Physical Evidence;

Jorge Enrique Pina, 26, Chandler, indicted for 2 counts of Aggravated Assault with a Deadly Weapon;

Todd Bryan Green, Jr., 29, Larue, indicted for 2 counts of Aggravated Assault with a Deadly Weapon;

James Keaton Bircher, 29, Athens, indicted for 1 count of Possession of a Controlled Substance and 1 count of Tampering with Physical Evidence;

Megan Elizabeth Owens, 23, Kemp, indicted for 1 count of Possession of a Controlled Substance;

Christopher Ernesto Nieto, 25, Kemp, indicted for 1 count of Possession of a Controlled Substance;

Steven Anthony Perdue, Jr., 23, Gun Barrel City, indicted for 1 count of Criminal Mischief Over $1,500;