Jury Selected in Attempted Sexual Assault Case

A jury of nine men and three women was selected on Monday in the Anderson County district court of Judge Deborah Oakes Evans in the trial of Meliton Hernandez, age 52, Palestine.    Mr. Hernandez is charged with attempted sexual assault alleged to have occurred on July 6, 2008.

The indictment returned by the grand jury accuses Mr. Hernandez of attempted sexual assault of female victim, age 38 by exposing her breasts and pulling at her pants with the intent to commit a sexual assault.

The case was investigated by Anderson County Sheriff’s Deputy John Wright who arrested Mr. Hernandez on the date of the alleged crime.   Mr. Hernandez has been free on bond since July 7, 2008 and was indicted by an Anderson Count Grand Jury on March 18, 2009

Attempted Sexual Assault is a Third Degree Felony which has a range of punishment of 2 to 10 years in prison.     Probation can be recommended by the jury for any prison time assessed.

Assistant District Attorney Scott Holden is representing the State of Texas and local attorney Jeff Herrington represents Mr. Hernandez.    The prosecution is part of District Attorney Doug Lowe’s Violence Against Women Act program aimed at prosecuting crimes against women who are targeted as victims because of their sex.

The trial is expected to conclude this week.



Parolee Sentenced to More Time for Trace Amount of Methamphetamine

December 8, 2009

On Tuesday December 8, William Dwight Boston, 48, of Palestine, Texas was sentenced to 11 months in the Texas Department of Criminal Justice, State Jail Division, by Anderson County District Judge Pam Foster Fletcher for possessing a trace amount of methamphetamine. The illegal drugs were found in Mr. Boston's van following a traffic stop by a Palestine Police officer on February 2, 2009.

At the time of the stop Mr. Boston was serving parole from a 15-year sentence for possession of methamphetamine with the intent to deliver, for an Anderson County case in 2005.

The punishment, which was agreed to by the Anderson County Criminal District Attorneys Office, Mr. Boston, and his attorney, Paul Guillotte, came after a jury of six men and six women had heard from one witness, former Palestine Police Officer, Michael Gray.   

Officer Gray, who now works for the Nacogdoches, Texas Police Department, testified that he had "staked" out a street in Palestine where drugs are frequently sold and observed a suspicious vehicle parked in front of, what the officer described as, a "narcotics residence."

"I ran the license plate on the van and the registration came back expired. I waited until he (Mr. Boston) came out of the house. He drove off, and I followed him until he made a turn without showing a turn signal, so I made a traffic stop,” said Officer Gray.

“I was pretty sure that there was something unusual going on when Mr. Boston jumped out the vehicle as soon as I stopped him.  Many folks who have illegal substances in their car or vehicle will try and get your (the officer’s) attention away from where the drugs are stashed," said Officer Gray. “Most people do not get out of their cars after I stop them for a traffic violation.”

Officer Gray testified that Mr. Boston consented to a search of the van. "I observed a white bag that looked like it came from a drug store lying next to the drivers seat. In the bag I found two syringes, a glass pipe, 2 large clear baggies containing a crystal residue, and a package of smaller yellow baggie. Then I searched the middle console where I found a weighing scale.” Officer Gray testified that these Items are commonly used in the distribute narcotics.

A field test performed by Officer Gray at the scene confirmed the crystal residue to be methamphetamine.

Offered into evidence during the trial was a report from the Texas Department of Safety - Crime Lab in Tyler, Texas, showing that while the drugs found where methamphetamine, the amount of methamphetamine seized was too small to weigh on their equipment.

When asked to comment about the prison sentence for such a small amount of drugs, First Assistant District Attorney, Stanley Sokolowski, said, “The scale and bags suggested Mr. Boston might have been selling meth, but that he had sold out. Mr. Boston’s priors and the evidence justified the time.”

In addition to the 11-month sentence, Mr. Sokolowski anticipates the Texas Board of Pardons and Paroles will send Mr. Boston back to prison on the 15-year sentence.

Paul Guillotte is an attorney that practices out of his office in Athens, Texas.



SECOND CONVICTION FOR FAMILY VIOLENCE NETS MAN 15 YEARS

November 24th, 2009

Justin Joelee Walls, 29, of Palestine, Texas, was found guilty on Thursday, November 12, 2009 of Assault Causing Bodily Injury- Family Violence and was sentenced to 15 years in prison by an Anderson County jury for assaulting Crystal Stover, Walls’ girlfriend last year on September 12, 2008.

Assault Causing Bodily Injury-Family Violence is normally a misdemeanor, but because Mr. Walls had previously been convicted of Assault Family Violence, the offense became a felony. Also, because Mr. Walls had a prior conviction for obstruction and retaliation, also a felony, the potential punishment was increased to a second degree felony. A second degree felony carries potential punishment of a 2 year minimum to a maximum of 20 years.

Testimony showed that on September 12, 2008, Ms. Stover sought to leave her residence in Palestine, Texas because she feared the incoming storms associated with Hurricane Ike would cause damage to the mobile home where she and Mr. Walls lived. Mr. Walls objected to the move and assaulted Ms. Stover.

According to Sheriff’s deputy Lee Duren, who investigated the assault, the victim told him, “When I got up to leave, he pushed me out on the porch, got on top of me and beat me with the back of his hand.” Although Ms. Walls did not report the beating until September 18, 2008, Deputy Duren testified that the “bruises and swelling to Ms. Stover’s face, eyes and forearms were still plainly visible.”

Deputy Duren made contact with Mr. Walls later the same day at his residence in Palestine, Texas. Walls explained that they both had been drinking and Ms. Stover wanted to go to her mother’s house. Mr. Walls thought this was a bad idea so they argued, but denied to deputy Duren ever striking Ms. Stover.

The State of Texas represented by Anderson County assistant district attorney Scott Holden called the victim to testify about the events. When asked by Mr. Holden to describe the events on September 12, Ms. Stover said she “was going to take “The Fifth,” referring to the Fifth Amendment to the Constitution.”

Judge Deborah Oakes Evans who presided over the trial appointed local attorney, Dan Scarbrough to represent Ms. Stover on the effect of refusing to testify. Mr. Holden told the Judge he was offering immunity to Ms. Stover for any offenses except perjury. Judge Evans Judge told Ms. Stover she could testify or go to jail.

After a brief discussion with Mr. Scarbrough, Ms. Stover testified, but said she “couldn’t remember” what had happened on the night of the assault”. When Mr Holden showed her pictures taken by Deputy Duren she reluctantly admitted that Mr. Walls had caused her injuries.

“We get many family violence victims who for whatever reason are reluctant to come to court and testify against a spouse or domestic partner. In this case the victim had reconciled with the abuser and depended on Mr. Walls for money to live,” Mr. Holden commented. 

Ms. Aneshia Bridges, an investigator with the district attorneys office worked on the case with Mr. Holden. Ms. Bridges position is grant funded by federal Violence Against Women Act legislation.

Local attorney Scott Nicholson represented Mr. Walls in the trial.



MAN PLEADS GUILTY TO CHURCH FIRE

October 22nd, 2009

Scott Steven Davis, 39, of Palestine, Texas, was sentenced on Friday, October 2, 2009 by District Judge Mark Calhoon to ten years in prison after pleading guilty to an arson last year at the Church of Jesus Christ of Latter Day Saints building at 4400 N. Loop in Palestine.

The fire on March 30, 2009, was linked to a dispute with Mr. Davis’s wife, who had recently separated from her husband. The fire was set on the pew where Davis and his estranged wife normally sat during services because he was upset at local Latter Day Saints (commonly called Mormon) church leaders for the reason that he believed they had sided with his wife.

While there was little damage to the structure of the church, the water from the sprinkler system and smoke from the fire caused over $100,000 in damage.

Arson is normally a second-degree felony, but because the fire was set in a church, the crime became a first degree felony, which is punishable by 5 years to 99 years or life imprisonment. Davis was not eligible for probation because he is a convicted felon, having served one year in military prison for possession of child pornography. He had failed to register in Anderson County as a convicted sex offender.

The fire triggered an alarm at the church around 5:30 p.m. March 30. Firefighters discovered water pouring from the church doors; the fire had been extinguished by the sprinkler system.

The case was investigated by Palestine City Fire Marshall Alan Wilcher, who confirmed the fire started in the church pew where Davis had lit a wad of paper towels, likely from the church kitchen, on fire. Davis had also turned on all of the electric stove burners in the building’s kitchen in his unsuccessful attempt to burn down the church.

Additional evidence proved that Davis burglarized his way into the church by breaking out the window in a glass door.

The arson was the culmination of several days of rage directed at his wife because she told him of her divorce plans.

“The morning of the fire Mr. Davis had called or texted her at least 35 times in an attempt to coerce her into continuing marital relations. When she refused, he threatened to get her fired from her job with TDCJ.” said Mr. Wilcher.

“Mr. Davis then proceeded to place signs around her place of work with her phone number advertising sexual favors. He also broke into the former family home and destroyed furniture and belongings,” according to Mr. Wilcher.

Witnesses located by law enforcement described a man matching Davis’s description walking away from the church minutes after the fire alarm was set. In a canvas of the area, video footage of Davis was found at a local convenience store just prior to the fire.

Fire Marshal Wilcher also found phone records showing that Davis had called his parents from a phone inside the closed church just prior to the fire.

As a condition of any parole, Mr. Davis was ordered by Judge Mark Calhoon as a part of the defendant’s plea agreement to pay $106,000 in restitution to the church. Also, Mr. Davis’s prison inmate trust account can be garnished for restitution payments.

Anderson County Assistant District Attorneys Scott Holden and Elizabeth Watkins and Investigator Aneshia Bridges handled the case and obtained a protective order for Mrs. Davis as a part of the Anderson County Violence Against Women Act (V.A.W.A.) initiative.

Mr. Davis was represented by David Cervantes, a private attorney who practices in Houston County, Texas.



Former High School Student Pleads Guilty to Aggravated Robbery

October 7th, 2009

Mr. Jose Alfredo Rodriguez, age 19, of Palestine, Texas, pleaded guilty last Tuesday October 1, to District Judge Mark Calhoon of robbing a fellow high school student at knife point. The crime occurred during a 2^nd period computer class at Palestine High School last year on September 11, 2008.

Mr. Rodriguez, who was 18 and a senior at the time, had originally pleaded “not guilty” but changed his plea to “guilty” after a jury of 9 women and 3 men had been selected and seated to hear the evidence in the case.

The defendant, accompanied by his attorney, Scott Nicholson, told Judge Calhoon that he changed his plea because he “didn’t think they (the jury) could be fair.”

Because there is no plea bargain in the case, a pre-sentence investigation was ordered by Judge Calhoon, which means that a probation officer with the Anderson County Community Supervisions and Corrections Department must provide the court information on the defendant’s background before sentencing which is set for November 23, 2009.

Aggravated robbery is a first-degree felony that is punishable by a minimum of five years to a maximum of 99 years or life in prison. The judge could also grant probation to Mr. Rodriguez because the defendant has no prior felony conviction.

Upon accepting the plea and Mr. Rodriguez’s waiver of jury trial, Judge Calhoon heard evidence from the victim in the case, now 17 years old and living in Arlington.

Anderson County Assistant District Attorney, Scott Holden represented the State of Texas and questioned the victim.

“Jose was sitting to my left at our computer table and we were both typing on assignments. We were talking. I had been in school for about a month. Jose was new too. He asked me for some money. I told him I didn’t have any money. Then he said, give me your f——- money. He was serious, his eyes showed, and he looked mad. He looked down and then back up,” she said.

“I saw the end of knife with blade pointed towards me. The knife was silver with cuts on it. Then the bell rang and he put the knife away.”

Mr. Holden then showed the victim a folding knife with a serrated blade approximately 4 inches long and asked, “Was this the knife he threatened you with?” The victim responded,

“Yes, he was less than 12 inches away – he was right there.”

The victim also testified she was afraid and didn’t tell her teacher. “No one else saw. I was so afraid I didn’t tell. I didn’t really know anyone.”

Less than a week later Mr. Rodriguez threatened her again. “We were doing a sheet and he asked me for the answers. I told him no.”

Mr. Rodriguez , according to the victim, said he was going to pull the knife again so she gave him the answers.

A day or so later, the victim told a friend about the incident and ultimately a report of the robbery made its way to school officials and Anderson County Sheriff’s deputy and Palestine I.S.D. school resource officer, Corporal Ryan Tolliver.

Corporal Tolliver arrested Mr. Rodriguez at the high school campus on September 18, 2008.

Anderson County District Attorney Doug Lowe assisted Mr. Holden in jury selection.