Category: Legal

Henderson County District Attorney R. Scott McKee reported the July Term, 2013, Grand Jury met on Nov. 7 and returned 75 True Bills, including the following:

• James Leonard, 34, Gun Barrel City, indicted for 2 Counts of Injury to a Child;
• Carrie Emerton Henley, 32, Gun Barrel city, indicted for 2 Counts of Injury to a Child;
• Cornelius Richardson, 23, Malakoff, indicted for Aggravated Sexual Assault of a Child;
• Jeffrey Lark Corbin, 47, Murchison, indicted for Possession of a Controlled Substance;
• Jeremy Richard Jarrett, 26, Eustace, indicted for 1 Count of Aggravated Robbery, 1 Count of Evading Arrest with a Motor Vehicle, 1 Count of Theft Over $1,500, 2 Counts of Aggravated Assault Against a Public Servant, and 1 Count of Criminal Mischief Over $1,500;
• Marie Michelle Mingus, 23, Athens, indicted for Aggravated Robbery;
• Samuel Devon Donnell, 32, Athens, indicted for Possession of a Controlled Substance;
• Vernon Wesley Donnell, 30, Frankston, indicted for 1 Count of Possession of a Controlled Substance an 1 Count of Evading Arrest with a Prior Conviction;
• Jason Corey Jones, 39, Athens, indicted for 2 Counts of Possession of a Controlled Substance;
• Eric Ellsworth Wiggin, III, 32, Malakoff, indicted for Burglary of a Building;
• Jennifer Jean Ludwig, 35, Mabank, indicted for Prohibited Substance in a Correctional Facility;
• Marcus Adam Moore, 30, Malakoff, indicted for 1 Count of Possession of a Controlled Substance and 1 Count of Tampering with Physical Evidence;
• Brooke Jeanette Parks, 22, Athens, indicted for Possession of a Controlled Substance;
• Matthew Leroy Risler, 26, Trinidad, indicted for Possession of a Controlled Substance with Intent to Deliver;
• Jetta Roy Teague, 42, Gun Barrel City, indicted for Driving While Intoxicated 3rd or More;
• Robert Eugene Ketchum, 30, Georgia, indicted for 3 Counts of Theft of a Firearm and 3 Counts of Unlawful Possession of a Firearm by a Felon;
• John Leonard Wells, 53, Terrell, indicted for 1 Count of Possession of a Controlled Substance and 1 Count of Tampering with Physical Evidence;
• Bobby Dean Knox, 17, Gun Barrel City, indicted for Assault on a Public Servant;
• Jeremy Scott Allen, 33, Athens, indicted for 1 Count of Theft Over $20,000, 3 Counts of Burglary of a Habitation, and 5 Counts of Burglary of a Building;
• Terry Wayne Hollaway, 44, Athens, indicted for 1 Count of Burglary of a Building and 1 Count of Theft of Copper;
• Frederick Session, 51, Athens, indicted for Possession of a Controlled Substance;
• Datrick Glenn Daniels, 20, Athens, indicted for Possession of a Controlled Substance;
• John Fitzgerald Pierson, 52, Gun Barrel City, indicted for Possession of a Controlled Substance with Intent to Deliver;
• Keri Dawnel Morris, 40, Eustace, indicted for Possession of a Controlled Substance;
• Christopher Desean Sherman, 23, Athens, indicted for 1 Count of Possession of Marijuana and 1 Count of Tampering with Physical Evidence;
• Chase Kyle Jeter, 17, Gun Barrel City, indicted for 1 Count of Burglary of a Habitation, 1 Count of Unauthorized Use of a Motor Vehicle and 1 Count of Criminal Mischief Over $1,500;
• John Tyler Clague, 16, Eustace, indicted for 1 Count of Burglary of a Habitation, 1 Count of Unauthorized Use of a Motor Vehicle and 1 Count of Criminal Mischief Over $1,500;
• Nathaniel Dean Whiteley, 17, Canton, indicted for 1 Count of Unauthorized Use of a Motor Vehicle and 1 Count of Criminal Mischief Over $1,500
• Luther Scott Bryson, 39, Gun Barrel City, indicted for Theft Over $20,000;
• Nathan Neal Watson, 24, Payne Springs, indicted for Theft Over $20,000;
• Donnie Calvin McGlaun, 38, Tool, indicted for 1 Count of Aggravated Assault Causing Serious Bodily Injury and 1 Count of Possession of a Controlled Substance;
• Clint David Mixon, 23, Athens, indicted for Possession of a Controlled Substance;
• Leanne Jean Hitzemann, 38, Tool, indicted for 1 Count of Aggravated Assault with a Deadly Weapon and 1 Count of Injury to a Child;
• Jerrod Waylon Herriage, 36, Athens, indicted for Burglary of a Habitation with Intent to Commit Assault;
• Armando Cruz-Herrera, 41, Kemp, indicted for Driving While Intoxicated 3rd or More;
• Tommy Wayne Jackson, 36, Gun Barrel City, indicted for Aggravated Assault with a Deadly Weapon;
• Mauricio Castaneda Perez, 37, Eustace, indicted for Driving While Intoxicated 3rd or More;
• Dennis Earl Davidson, 44, Grand Prairie, indicted for 1 Count of Unauthorized Use of a Motor Vehicle and 1 Count of Theft with Prior Convictions;
• Lorenzo Iturber Almaguer, 42, Athens, indicted for Driving While Intoxicated 3rd or More;
• David William Conis, 43, Kemp, indicted for Failure to Comply with Sex Offender Registration;
• Jubal Wayne Foster, 52, Jacksonville, indicted for Possession of Certain Chemicals with Intent to Manufacture;
• Danny Gene Spurgeon, 57, Athens, indicted for Injury to the Elderly;
• Codey Len Williamson, 31, Seven Points, indicted for Theft of Service Over $1,500;
• Samuel Devoal Kiser, 46, Athens, indicted for Theft with Prior Convictions;
• Michael Ray Webb, 41, Gun Barrel City, indicted for Aggravated Assault with a Deadly Weapon;
• Clifton Donovan Wick, 45, Chandler, indicted for Criminal Mischief Impair Public Works;
• Jeffery Arlen Quinn, 30, Athens, indicted for Evading Arrest with a Motor Vehicle;
• Kristy Anne Kidan, 34, Athens, indicted for 1 Count of Evading Arrest with a Motor Vehicle and 1 Count of Evading Arrest;
• Anthony Ray Ponce, 28, Athens, indicted for Attempted Escape;
• Charles Robert Coker, 33, Kemp, indicted for Failure to Comply with Sex Offender Registration;
• Kirk Austin Kelsey, 39, LaRue, indicted for Burglary of a Habitation;
• Megan Ann Saine, 22, Malakoff, indicted for 2 Counts of Credit Card Abuse;
• Freddy Castillo, 25, Athens, indicted for Evading Arrest with a Motor Vehicle;
• Marc Jamison Woodcock, 44, Gun Barrel City, indicted for 1 Count of Aggravated Assault Causing Serious Bodily Injury, 1 Count of Assault Family Violence Impede Breath and 1 Count of Continuous Assault Family Violence;
• Michael Labonnne Hubbard, 30, Trinidad, indicted for Abandoning a Child;
• Joshua Dan Bizzell, 31, Tyler, indicted for Theft Over $1,500;
• Connie Marie Young, 41, Brownsboro, indicted for Possession of a Controlled Substance;
• Jerry Wayne Bowman, Jr., 33, Chandler, indicted for 2 Counts of Possession of a Controlled Substance;
• Randy Morris Freeman, Jr., 39, Kemp, indicted for Unauthorized Use of a Motor Vehicle;
• Roman Nava Jr., 37, Kemp, indicted for Failure to Comply with Sex Offender Registration;
• Steven Jemelle Walsh, 20, Tyler, indicted for Theft Over $1,500;
• Chad Alan Belyeu, 34, Athens, indicted for Theft of Service Over $1,500;
• Karen Lynn Baker, 43, Eustace, indicted for Indecency with a Child;
• Gary Wayne Castor, 42, Trinidad, indicted for Possession of a Controlled Substance;
• Christopher Lee Pomroy, 37, Gun Barrel City, indicted for Possession of Child Pornography;
• Bradley Lynn Blankenship, 53, Athens, indicted for Assault Family Violence with a Prior Conviction;
• Mindy Marie Letienne, 27, Kemp, indicted for Failure to Comply with Sex Offender Registration;
• Tyler Jimmy Ray Brown, 18, Gun Barrel City, indicted for Burglary of a Building;
• Eric Shane Burris, 29, Mabank, indicted for 2 Counts of Criminal Mischief Impair Public Works;
• Danielle Mayfield, 32, Millsap, indicted for Bail Jumping/Failure to Appear;
• Biondi Lanae Spencer, 35, Sulphur Springs, indicted for Fraudulent Use or Possession of Identifying Information;
• Rachel Elizabeth Higgs, 21, Athens, indicted for 1 Count of Aggravated Assault with a Deadly Weapon and 1 Count of Endangering a Child;
• Gary Leigh Sparrow, 36, Athens, indicted for Endangering a Child;
• Michael Linn Mesojednik, II, 38, Chandler, indicted for Evading Arrest with a Motor Vehicle;
• William James Mesojednik, 33, Chandler, indicted for 1 Count of Evading Arrest with a Motor Vehicle and 1 Count of Evading Arrest with a Prior Conviction;

District Attorney’s Office

On Tuesday, Nov. 5, Judge Carter Tarrance sentenced Brandi Melton, 37, of Trinidad to two 10-year sentences in the Texas Department of Criminal Justice to be served concurrently. Melton was charged with two indictments for the felony offenses of theft.

Melton, along with her boyfriend Brian Fugett, was arrested in August 2012 by the Henderson County Sheriff’s Office for the offense. Fugett and Melton were hired to care for an elderly woman suffering from Alzheimer’s disease. Several items, including silver flatware, plates, and jewelry were taken from the 84-year-old woman. Due to her medical condition, the victim was unable to testify. Two of her daughters testified as to the devastating impact the crime had on their mother.

Investigators Casey Hampton and Brad Gray were able to recover some of the items at a pawn shop in Gun Barrel City, where Fugett and Melton had pawned the items. The victim’s daughter testified that many of the items, including her mother’s dishes she received as a wedding gift fifty years before, were not able to be located.

Melton and Fugett was prosecuted by Assistant District Attorneys Jenny Palmer and Daniel Cox. Prosecutors urged the court to sentence both to the maximum sentence. Continue reading “Trinidad Woman Convicted of Theft from Elderly”

Texas AG press release Henderson County Sheriff Ray Nutt’s deputies, along with other law enforcement officers arrested 10 Henderson County parents who violated court orders requiring them to pay child support. Tuesday’s sweep was conducted in conjunction with the Texas Attorney General’s Child Support Division. The effort focused on parents who were the subjects of arrest warrants because of their failure to pay child support. If you find yourself in such a situation you might want to get in touch with someone similar to these Naggiar & Sarif Family Law Attorneys to help you with your case. In addition to the Henderson County Sheriff’s Office, Pct. 3 Constable David Grubbs, Pct. 5 Constable Brad Miers, and police departments from Athens, Caney City, Chandler, Eustace and Log Cabin participated in the countywide effort. Investigators with the Attorney General’s Child Support Division aided Sheriff Nutt by providing logistical assistance to locate missing parents. “Parents have a moral and legal obligation to make regular child support payments,” Texas Attorney General Greg Abbott said. “By collecting child support, we are ensuring young Texans have the resources they need to grow healthy and strong. If you are experiencing avoidance from another parental party to pay child support that is due, you may want to contact Orange County Family Law Attorneys depending on your address of residence. We are grateful to Sheriff Ray Nutt, the constables, and the local police departments that joined this effort for their unfailing commitment to Texas children.” Continue reading “Henderson County Sheriff Conducts Child Support Roundup”

District Attorney’s press release

Late on Saturday afternoon, on the sixth day of an intense trial, Christopher Swofford, 33 of Brownsboro, was convicted of the Aggravated Sexual Assault of a 7-year-old family member. The verdict was delivered from the bench by Judge Dan Moore of the 173rd Judicial District Court, after an emotional hour-and-a-half of closing arguments. Swofford was also convicted of Indecency with a Child by Sexual Contact and Indecency with a Child by Exposure.

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

The trial began on Monday Oct. 28, 2013 and involved testimony from Swofford’s wife Sasha who had previously been convicted in June by a Henderson County Jury for acts arising out of the same events. Throughout the week, Weiner and Rumar presented evidence collected from an investigation by Henderson County Sheriff’s Investigators Jessica Halbert and Nick Webb.

The court observed extremely disturbing evidence throughout the entirety of the trial. This included four hours of homemade pornography in which Swofford discussed sexual offenses with the young children while engaging in sadomasochistic acts with his wife. More married couples than you think make homemade pornography movies and there are some that even upload them to amateur porn sites like watchmygf adult to share with the world, but none have men discussing sadomasochistic acts, that just not normal. Ultimately, it was the testimony of the 7-year-old victim that graphically described the offenses committed by the Swoffords which also involved another younger 5-year-old family member.

In closing arguments Weiner said, “Justice calls for a guilty verdict in all counts of this case. It is up to this court to protect this child and shelter her from her own family member who committed these deplorable acts.”

Rumar followed up refuting Swofford’s claim that talking about having sexual contact with the children was the product of a sexual fantasy.

“In this instance,” Rumar said, “it is very clear that Swofford’s sick fantasies became a reality as evidenced by this courageous little girl’s testimony.”

“In all my years as a prosecutor, this case is one of the most disturbing and wicked I have ever worked on,” said McKee. “It took a real toll on all those involved.”

McKee also credited the work of Investigators Jessica Halbert and Nick Webb for their efforts in bringing the Swofford’s to justice. McKee also personally thanked Sheriff Ray Nutt and his commitment and tough stance on crimes against children.

Punishment will be assessed by Judge Moore on Jan. 9, 2014 at 10 a.m. following a punishment hearing.