Legal-Henderson County Now

Grand Jury Report

Justice Henderson County District Attorney R. Scott McKee reported the July Term, 2013, Grand Jury met on Oct. 10, 2013 and returned 44 True Bills, including the following:

Ronnie Edward Burden, 55, Athens, indicted for 1 Count of Aggravated Sexual Assault of a Child and 1 Count of Indecency with a Child;
Jay Tony Rackley, 35, LaRue, indicted for 2 Counts of Sexual Assault of a Child and 1 Count of Indecency with a Child;
James Reuben Steele, 56, Kemp, indicted for 1 Count of Indecency with a Child and 1 Count of Failure to Register as a Sex Offender;
Donavon Lashawn Hampton, 36, Mabank, indicted for Evading Arrest with a Motor Vehicle;
Daniel Christopher Elliston, 32, Gun Barrel City, indicted for Aggravated Assault with a Deadly Weapon;
Charles Edward Osbourn, Jr., 34, Athens, indicted for Unlawful Possession of a Firearm by a Felon;
Jimmy Lewis Overton, 37, Malakoff, indicted for 1 Count of Unlawful Possession of a Firearm by a Felon and 1 Count of Unlawfully Carrying a Weapon;
Chase Allen Gilliam, 24, Mabank, Indicted for Theft Over $1,500;
Jerry Don Moye, Jr., 27, Gun Barrel City, indicted for 2 Counts of Credit Card Abuse and 2 Count of Fraudulent Use /Possession of Identifying Information;
David William Conis, Jr., 43, Wisconsin, indicted for 1 Count of Unauthorized Use of a Motor Vehicle and 1 Count of Fraudulent Use/Possession of Identifying Information;
William Michael Holleman, 60, Athens, indicted for Criminal Mischief Over $1,500;
Reggy Martin Irvan, 24, Seven Points, indicted for 1 Count of Theft of a Military Grave Marker and 1 Count of Tampering with Physical Evidence;
Tiffany Anne Tyer, 33, Gun Barrel City, indicted for 1 Count of Theft of a Military Grave Marker and 1 Count of Tampering with Physical Evidence;
Barry S. Andrews, 42, Athens, indicted for Possession of a Prohibited Weapon;
Willie Earl Lang, 56, Chandler, indicted for Aggravated Assault with a Deadly Weapon;
Christopher Blake Jumper, 20, Athens, indicted for 2 Counts of Injury to a Child;
Beaudie Scott Kramer, 18, Athens, indicted for Unauthorized Use of a Motor Vehicle;
Michael Shan Barker, 31, Athens, indicted for Assault Family Violence with a Prior Conviction;
David Wayne Bray, 50, Gun Barrel City, indicted for Driving While Intoxicated 3rd or More;
James David Walker, 23, Gun Barrel City, indicted for Illegal Dumping;
William Charles Thornley, 49, Athens, indicted for Assault Family Violence with a Prior Conviction;
Gary Lee McLeod, 50, Gun Barrel City, indicted for Injury to a Child;
Michael Lewis Hession, 38, Athens, indicted for 1 Count of Theft Over $1,500 and 1 Count of Bail Jumping/Failure to Appear;
Bradley Wayne Baker, 48, Athens, indicted for Injury to the Elderly;
Michael Wayne Jarvis, II, 30, Kemp, indicted for Bail Jumping/Failure to Appear;
Bradley Korral Gould, 23, Brownsboro, indicted for Forgery-U.S. Currency;
Mary Elizabeth Harris, 21, Palestine, indicted for Forgery-U.S. Currency;
Douglas Rober Roberts, 34, Athens, indicted for Misapplication of Fiduciary Property;
Coy Ray Boles, 33, Kerens, indicted for Credit/Debit Card Abuse;
Jason Gene Brown, 41, Athens, indicted for 1 Count of Intoxication Assault and 1 Count of Driving While Intoxicated 3rd or More;
Benjamin Edward Coody, 37, Forney, indicted for Possession of a Controlled Substance with Intent to Deliver;
Elbert Dale Combs, 30, Athens, indicted for Assault Family Violence with a Prior Conviction;
Jose Gustavo Trevino-Beltran, 27, Gun Barrel City, indicted for Burglary of a Building;
Kelton Derek Wilson, 21, Gun Barrel City, indicted for Burglary of a Building;
Quinn Deonte Lee Bys, 19, Dallas, indicted for Theft Over $1,500;
Ralf Herbert Coleman, 47, Athens, indicted for Injury to a Child;
Vicky Lynn Cross, 48, Gun Barrel City, indicted for Theft with Prior Convictions;
Katherine Nicole Graham, 30, Murchison, indicted for Assault on a Public Servant;
William Henry Killingsworth, 52, Malakoff, indicted for Possession of a Controlled Substance;
Samuel Devon Donnell, 32, Athens, indicted for 1 Count of Possession of a Controlled Substance and 1 Count of Tampering with Physical Evidence;
Debby Dianne Clague, 42, Eustace, indicted for 5 Counts of Forgery;
Larry Don Day, 48, Gun Barrel City, indicted for Possession of a Controlled Substance;
James Elmer Sneed, IV, 29, Mabank, indicted for Possession of a Controlled Substance;
Ryan Phillip Rasch, 18, Chandler, indicted for 2 Counts of Possession of a Controlled Substance;

Report rips former MHA director; calls for repayment of more than $350,000

By Michael V. Hannigan

In June 2012, the Malakoff Housing Authority experienced what can only be described as a meltdown. The executive director was fired, two other employees lost their jobs, a commissioner was removed from the board and another commissioner was not only named to the board, but instantly became the chairman.

It was chaos complete with police escorting employees out of the office while residents of the housing authority carried protest signs. At one point the Board of Commissioners held a meeting outside because the doors to the office were locked against them.

And while order was finally reestablished with the help of the U.S. Department of Housing and Urban Development (HUD), there was never much in the way of real answers.

Until now.

In a memorandum dated Sept. 26, the HUD Office of Inspector General blasted the executive director and Board of Commissioners, saying that “the Authority incurred $577,367 in questioned costs.”

According to report: “The Authority … lacked financial and procurement controls to ensure that it made transactions in compliance with Federal regulations and guidance. Testing found significant deficiencies in the Authority’s controls over its bank accounts, fixed assets, and staff compensation.”

The report covered from Jan. 1, 2009 through Dec. 31, 2012.

The Inspector General recommends having the Malakoff Housing Authority (MHA) repay $353,015 and to either provide supporting documentation or repay an additional $224,352. Continue reading “Report rips former MHA director; calls for repayment of more than $350,000”

Trinidad man convicted of Theft from Elderly

District Attorney’s Office press release

On Friday, Sept. 13, visiting Judge Harold Entz sentenced Brian Keith Fugett to 10 years in the Texas Department of Corrections for the felony offense of Theft. Fugett was convicted by a jury on July 16, 2013, but opted to be sentenced by the judge.

Fugett, along with his girlfriend Brandi Melton, were arrested in August of 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 Fuget and Melton had pawned them. The victim’s daughter testified that many of the items, including her mother’s dishes, she received as a wedding gift 50 years before, were not able to be located.

Fugett was prosecuted by Assistant District Attorneys Jenny Palmer and Daniel Cox. Prosecutors urged the court to sentence Fugett to the maximum sentence

According to Sheriff’s reports and testimony at trial, Fugett and Hyde were hired by the daughters to help care for their elderly mother. Beginning in May of last year, the daughters noticed that some of their mother’s belongings were missing from her home. At the time, the daughters believed the missing items were gone because their mother had misplaced them.

However, in August, they noticed that many large items, such as sterling silver flatware, plates, and jewelry were also missing. The daughters contacted the Sheriff’s Office. Investigators Casey Hampton and Brad Gray conducted the investigation. During their investigation, investigators found pawn tickets at a Gun Barrel City Pawn shop linking Fugett and Melton to the stolen property. Fugett and Melton were promptly arrested.

“I am very pleased with the maximum sentence allowed under the law handed down by the judge in this case,” said District Attorney Scott McKee. “Anyone who takes advantage of our elderly in this way should go to prison.”

District attorney and sheriff hold free training

District Attorney’s Office Press Release

Over the last week, Henderson County District Attorney Scott McKee and Assistant District Attorney Justin Weiner have been teaching a training course for Henderson County Peace Officers. Over three sessions a total of 271 Peace Officers hailing from 27 different agencies were in attendance. The Henderson County Sheriff’s Office sponsored McKee and Weiner’s course ensuring that the officers in attendance received credit.

“I am very proud to be a part of this training and to give back to peace officers that give and sacrifice so much to ensure that our community is safe. It was a wonderful experience and great to see so many officers from so many agencies come together,” Weiner said about the training.

In Texas, Certified Peace Officers are required to complete 40 hours of continuing education training every 24 months. The Texas Commission on Law Enforcement Officer Standards and Education is responsible for maintaining and regulating said training and licensing in general. Some courses are mandated, but otherwise, officers are allowed to attend an array of courses covering a large span of topics. One of the required courses is a State and Federal Law Legislative Update Course. The course usually costs $50 or less and covers a large portion of the changes from each Texas Legislative session. “At the end of the day, this training saved taxpayers and agencies a bunch of money because it was free,” McKee added about the training. Continue reading “District attorney and sheriff hold free training”

Sentence for Chandler drunk driver

District Attorney’s Press Release

On Thursday, Sept. 12, a Henderson County jury sentenced Richard King Morris, 62, of Chandler, to life in the penitentiary for a September 2012 early afternoon DWI on FM 315 south of Chandler. Judge Mark Calhoon of the 3rd Judicial District Court presided over the trial. If you find yourself in a similar situation where you have been arrested for DWI (even if you are innocent or not), then you might want to check out a website like https://cannonlawtexas.com/ to see what can be done to help you.

Morris pleaded guilty to the court before a jury of seven women and five men were selected to hear evidence and assess a punishment. The sentence was handed down after two days of testimony and evidence presented by District Attorney Scott McKee and 1st Assistant District Attorney Mark Hall, we would recommend a DWI lawyer to get the best representation in a situation like this.

DPS Trooper Joe Gomez testified after the advice from his attorney that he received a dispatch to a one-vehicle wreck on FM 315 South of Chandler near the Wildewood Subdivision entrance. Upon his arrival, Gomez discovered Continue reading “Sentence for Chandler drunk driver”