Legal-Henderson County Now

Athens man gets 15 years for Walmart robbery

Henderson County District Attorney’s Office press release

On Wednesday, Feb. 6, Oliver O’neal Manuel, a 41-year-old formerly of Athens, was sentenced to 15 years confinement in prison for robbery. The punishment was ordered after a sentencing hearing in the 173rd Judicial District Court with Judge Dan Moore presiding.

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

On Aug. 6, 2011, Manuel entered into the Walmart store in Athens. He was observed by Loss Prevention employees attempting to conceal various items from the store in his clothing. As he attempted to leave the store, without paying for the merchandise, he was approached and confronted by three individuals identifying themselves as employees. Manuel denied any wrong doing and continued to try to exit the store. When asked not to leave, Manuel pulled out a knife with a box-cutter blade causing the employees to jump back in fear for their safety while Manuel escaped out the door.

Manuel testified in the hearing and asked that the judge place him on probation. He blamed his actions on a drug problem though he had been treated in several in-patient facilities for crack cocaine use. He also admitted that he even had used crack cocaine while in the rehab facilities.

Manuel had also been involved in an incident at the Brookshire’s in Athens earlier in the year. He was once again caught shoplifting. When questioned by members of Athens Police Department he became aggressive and violent. He swung at an officer and was ultimately tazed in front of the store.

In closing arguments, Weiner asked that Manuel be sentenced to a prison term and argued to the court: “[T]his is a far cry from a probation case. The defendant is a threat to our community that has an extensive criminal history. Allowing him to be on our streets would put the people of Henderson County in jeopardy.”

“This defendant is in prison where he belongs thanks to the Athens Police Department and ADA Weiner,” said District Attorney Scott McKee.

Athens man sentenced to 20 years on drug charges

Henderson County District Attorney’s Office press release

On Tuesday, Feb. 5, Frank Clinton James, Jr., a 25-year-old resident of Athens, was sentenced to 20 years confinement in prison. James was sentenced by Judge Dan Moore of the 173rd Judicial District after pleading guilty to Possession of a Controlled Substance.

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

James was arrested after he was pulled over by a Henderson County Sheriff’s Deputy on Highway 31 for operating a motor vehicle with defective equipment. Contact was made with James who did not have his driver’s license. When asked to step out of his vehicle, he attempted to conceal a cap to a hypodermic needle that he had in his hand. Though he attempted to mislead the deputy he was unsuccessful. Ultimately, James told the deputy that his “needle junkie” friend had borrowed his vehicle and it must have been from him.

After running James’ information the deputy discovered that he had been driving with a suspended license. James was placed under arrest. A search incident to arrest revealed a slew of paraphernalia and narcotics related items. The deputy located digital scales, six hypodermic needles, 36 clear plastic baggies, and various other items. A larger green bag was also located which contained just over 20 grams of a crystal substance later proven to be methamphetamine. James was also charged for a switchblade knife that had been concealed by being placed on the undercarriage of the vehicle.

“This is another example of good old fashion police work,” said District Attorney Scott McKee.

Sexual assault convictions upheld

Henderson County District Attorney’s Office press release

The Twelfth Court of Appeals in Tyler last week affirmed Jeffrey Ross Seery’s Sexual Assault convictions from January of 2011. Seery was convicted on three counts of sexual assault and sentenced to the maximum (20 years in prison) on each count by a Henderson County Jury. After the sentencing, Judge Tarrance of the 392nd District Court, ordered that the sentences be stacked (run consecutively). Seery appealed his convictions citing that certain testimony should not have been heard by the jury and that some of his evidence, which was kept from the jury, should not have been. District Attorney Scott McKee and Assistant District Attorney Nancy Rumor prosecuted the week-long case.

Seery was arrested on Sept. 27, 2009 by Henderson County Sheriff’s Office Deputies responding to a call reporting that a 14-year-old girl had been assaulted at a residence on State Highway 31 near Athens. The case was then assigned to Investigator Ceresa Ballard, who specialized in crimes against children. Ballard was assisted in the investigation by Captain Bryan Tower, also of the Henderson County Sherriff’s Office.

The officers arrested Seery at the scene on an existing warrant, and transported him to the Henderson County Jail.

HCSO reports said authorities also found two hand grenades, and a small amount of marijuana at the residence. Local officers notified the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives in Tyler which took possession of the grenades.

Evidence gathered during the search of the residence was presented to Precinct 6 Justice of the Peace Million Adams who issued a warrant for Seery’s arrest. Officers executed the sexual assault warrant on Seery while he was still in custody on the escape charge.

During the trial, the jury heard testimony from the victim who emotionally detailed her relationship with Seery and described how he groomed her from a young age to eventually engage in sexual acts with him. Other witnesses testified that Seery claimed to be a high ranking special-forces paratrooper who suffered from PTSD, even going so far as to have a going away party for him because he claimed that he was about to be deployed to Afghanistan.

District Attorney McKee, a former paratrooper and Iraq War Veteran, rebutted Seery’s claims by introducing Seery’s military record which indicated that he was never in combat and was discharged as a private from the military for various infractions.

The State also introduced evidence to the jury that Seery had fooled many people into believing his military stories and that he used this ruse to separate his victim from her mother.

McKee said he was pleased with the opinion of the Court of Appeals.

“As the legal referee in a trial, the trial judge has a legal duty to decide which evidence is lawfully admissible and which is not,” said McKee.

McKee indicated that in most cases, in evaluating an appeal, the law presumes that the trial judge is in the best position to determine what evidence is admissible and what is not. “We have complete faith that the judge was correct on his rulings and the Court of Appeals decision affirms this.”

Seery can still petition the Texas Court of Criminal Appeals to review the decision.

Warrant Round-up Scheduled

Cities and counties will be conducting a coordinated state-wide Warrant Round-up this year in March. More than 240 law enforcement agencies from across the state will be serving warrants for arrest in the biggest-ever Warrant Round-up effort in Texas, which starts on March 1.

“For those with warrants, be warned that unless you paid in full to the Court Clerk, we will be serving warrants at residences, workplaces, and other locations,” Malakoff Municipal Judge Bill Burton announced. “Those with outstanding warrants should act immediately to avoid going to jail.”

To make a payment

To make a payment on an outstanding warrant, go to the Municipal Court location at 109 Melton, Malakoff, Texas. The payment window is open 8 a.m. to 5 p.m., Monday – Friday; closed from noon – 1 p.m. for lunch.

Payments also may be mailed to the City of Malakoff Municipal Court, P.O. Box 1177 Malakoff, Texas 75148. Money orders and cashier’s checks are accepted. Personal checks are not accepted.
Note: if you choose to mail a payment, the warrant remains active until the payment is received and posted by the Municipal Court.

Henderson County Grand Jury Report

Press release from the Henderson County District Attorney’s Office

Henderson County District Attorney R. Scott McKee reported the January Term, 2013, Grand Jury met on Jan. 31 and returned 81 True Bills, including the following:

1. Alisha Marie Mayer, 29, Chandler, indicted for Intoxication Manslaughter;

2. James Daniel Thaoue, 54, Gun Barrel City, indicted for Robbery and Assault Family Violence w Prior;

3. Mary Karla Mraz, 42, Kemp, indicted for Burglary of a Habitation and Theft > $1,500;

4. Jason Allen Reed, 38, Kemp, indicted for Burglary of a Habitation and Theft > $1,500;

5. Frankie Lee Todd, 43, Athens, indicted for Misapplication of Fiduciary Property > $1,500;

6. Alexander Korenblyum, 30, Athens, indicted for Possession of a Controlled Substance;

7. Igor Brezner, 31, Athens, indicted for 2 Counts of Possession of a Controlled Substance;

8. Lawrence Robert Rochester, III, 45, Kemp, indicted for 3 Counts of Harassment by Persons in Correctional Facilities;

9. Gary Lee Hopkins, 42, Murchison, indicted for Theft > $1,500;

10. Holly Deanna Stanton, 25, Tyler, indicted for Burglary of a Habitation and Burglary of a Building;

11. Charles Glen Smith, 48, Athens, indicted for Unlawful Possession of a Firearm by a Felon, Possession of a Controlled Substance, and Evading Arrest with Previous Conviction;

12. Lavita Lynn Loden, 44, Athens, indicted for Evading Arrest with a Motor Vehicle;

13. William Charles Thornley, 48, Eustace, indicted for Forgery;

14. Gabriela Espinosa, 28, Tool, indicted for Failure to Appear;

15. Patrick Aaron Walker, 25, Athens, indicted for Theft of Material and Unlawful Possession of Firearm by Felon;

16. Chelsie Dylnn Roach, 21, Athens, indicted for Possession of a Controlled Substance;

17. Tommy Joe Walker, 22, Athens, indicted for Possession of a Controlled Substance, Unlawful Possession of Firearm by Felon and 2 Counts of Aggravated Assault with Deadly Weapon;

18. Anthony Louis Ray, 19, Athens, indicted for Burglary of a Building and 3 Counts of Theft of a Firearm;

19. Steven Joe Clowdus, 30, Mabank, indicted for Placement of Serial Number with Intent to Change and Theft > $1,500;

20. Melissa Dora Phillips, 43, Jacksonville, indicted for Possession of a Controlled Substance;

21. Russell Orville Jenkins, Jr., 43, San Antonio, indicted for Theft > $1,500;

22. Tracy Melissa Holland, 45, Austin, indicted for Theft > $1,500;

23. Terrance Lavor Dowell, 34, Malakoff, indicted for Possession of a Controlled Substance in a Drug Free Zone;

24. Stephanie Nichole Cahall, 40, Whitehouse, indicted for Possession of a Controlled Substance;

25. Destiny Shante Trimble, 33, Malakoff, indicted for 4 Counts of Credit/Debit Card Abuse and 4 Counts of Fraudulent Use/Possession of Identifying Information;

26. Robert Joseph Rush, 30, Athens, indicted for Possession of a Controlled Substance;

27. Kevin Patrick Underwood, Jr., 20, Gun Barrel City, indicted for Unauthorized Use of a Motor Vehicle;

28. Shane Gregory Waters, 24, Gun Barrel City, indicted for Tampering with Physical Evidence;

29. Brian Robert Hippe, 35, Flint, indicted for Driving While Intoxicated 3rd or More;

30. Wayne Desmond Pugh, 60, Gun Barrel City, indicted for Manufacture/Delivery of a Controlled Substance and Tampering with Physical Evidence;

31. Casey Daniel Smith, 31, Mabank, indicted for Theft > $1,500;

32. Kassondra Danyale Jackson, 24, Athens, indicted for 2 Counts of Theft of Property < $1,500 with Priors;

33. Hayley Debre Spurgeon, 20, Gun Barrel City, indicted for Evading Arrest with a Motor Vehicle;

34. Brandon Joseph Nicholson, 23, Athens, indicted for Burglary of a Building and Theft of a Firearm;

35. Jessie Ornelas, Jr., 29, Athens, indicted for Burglary of a Building, Theft of a Firearm and Fraudulent Use/Possession of Identifying Information;

36. Ralph Ace Brown, 25, Kemp, indicted for Burglary of a Habitation;

37. Chastity Leanne Davis, 22, Kemp, indicted for Burglary of a Habitation;

38. Justin Amahd Marable, 22, Athens, indicted for Burglary of a Habitation;

39. Nathanael Lee Prater, 24, Athens, indicted for Burglary of a Habitation;

40. Melissa Ann Fountain, 36, Bullard, indicted for Possession of a Controlled Substance and Tampering with Physical Evidence;

41. James Darrell Howard, 56, Trinidad, indicted for Possession of a Controlled Substance;

42. Sheila Lynnh Burleson, 53, Malakoff, indicted for Manufacture/Delivery of a Controlled Substance;

43. Anita Lanette Flowers, 48, Kemp, indicted for Possession of a Controlled Substance;

44. Richard King Morris, 61, Chandler, indicted for Driving While Intoxicated 3rd or More;

45. Michael Lee Crist, II, 23, Gun Barrel City, indicted for Aggravated Assault with a Deadly Weapon/Family Violence and Assault on a Peace Officer;

46. Crystal Lynn Lawrence, 20, Mabank, indicted for Tampering with Physical Evidence;

47. Kenneth Vaughn Franko, 47, Chandler, indicted for Driving While Intoxicated 3rd or More;

48. Daniel Lee Davis, 33, Groesbeck, indicted for Evading Arrest with a Motor Vehicle and Unauthorized Use of a Motor Vehicle;

49. Lonnie Franklin Haas, 67, Mesquite, indicted for Manufacture/Delivery of a Controlled Substance.