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Collingsworth County District Court Pleas Result In Deferred Adjudications

Tuesday, January 21st, 2014

Wellington – On Tuesday, Jan. 21, 2014, two pleas took place which resulted in deferred adjudications.

Luke Inman, the District Attorney for the 100th Judicial District, prosecuted the cases for the State of Texas with the Honorable Judge Stuart Messer presiding.

1. Lonnie Hugh Needham III was placed on probation for a period of five years for the second degree felony offense of aggravated assault with a deadly weapon. Needham pleaded guilty and was placed on deferred adjudication for the offense.

Needham, 39-year-old resident of Wellington, was arrested in Collingsworth County for the offense that took place June 15, 2013 by Collingsworth County Deputy James Ward. Needham pleaded guilty after being indicted by a Collingsworth Grand Jury on Nov. 15, 2013.

Pursuant to the plea agreement, Needham is required to pay a $2,000 fine to Collingsworth County, $376 in court costs, and complete 300 hours of community service. If Needham violates probation, he could face up to 20 years in the Institutional Division of the Texas Department of Criminal Justice.

There was a deadly weapon finding made by the Court, which would require Needham to be incarcerated for at least 50 per cent of his sentence if adjudicated.

2. Tye Nathan Ticer was placed on probation for a period of six years for the state jail felony offense of possession of a controlled substance that was enhanced to a second degree felony. Ticer pleaded guilty and was placed on deferred adjudication for the offense.

Ticer, 42-year-old resident of Lubbock, was arrested in Childress County for the offense that took place Oct. 2, 2013 by Childress County Deputy Kenneth Arant. Ticer pleaded guilty to a complaint filed by the State on November 21, 2013.

Pursuant to the plea agreement, Ticer is required to pay a $1,000 fine to Childress County, $385.50 in court costs, $140 restitution, and complete 300 hours of community service. If Ticer violates probation, he could face up to 20 years in the Institutional Division of the TDCJ.

Hall County District Court Sentences Two

Tuesday, January 21st, 2014

Memphis – On Tuesday, Jan. 21, 2014, three pleas took place which resulted in one deferred adjudication and two convictions.

Luke Inman, the District Attorney for the 100th Judicial District, prosecuted the cases for the State of Texas with the Honorable Judge Stuart Messer presiding.

1. Lee Adam De La Cruz was convicted and sentenced to five years in the Institutional Division of TDCJ for the third degree felony offense of continuous violence against family.

On Thursday, Jan. 16, the victim to the continuous assault family violence testified to the ongoing abusive relationship between her and De La Cruz.

“Our victim was very fortunate to not be seriously injured during the ongoing abuse by this perpetrator,” said Inman. “Once notified of the assaults, the Memphis police department conducted a prompt investigation that protected this victim from her assailant from any other serious assaults.”

De La Cruz was arrested in Hall County for the offense that took place Oct. 8, 2013 by Memphis Police Officer Graham Carter. De La Cruz pleaded to an information filed by the State on Jan. 16, 2014.

Pursuant to the plea agreement, DeLaCruz is required to pay $376 in court costs.

2. Arnold Cedio Montoya was also placed on probation for a period of three years for the third degree felony offense of driving while intoxicated 3rd or more. Montoya pleaded guilty and was convicted to ten years in the Institutional Division of TDCJ but the sentence was probated for a period of three years.

Montoya was arrested in Hall County for the offense that took place June 15, 2012 by Hall County Deputy Jared Johnson. Montoya was indicted by a Hall County Grand Jury on Jan. 14, 2013.

Pursuant to the plea agreement, Montoya is required to pay a $1,000 fine to Hall County, $376 in court costs, $140 restitution, successfully complete 200 hours of community service, and all DWI requirements under Chapter 49. If Montoya violates his probation, he could face up to 10 years in the Institutional Division of TDCJ.

3. Bradley Kent Byars was placed on probation for a period of one year for the Class A Misdemeanor offense of deadly conduct. Byars pleaded guilty and was placed on deferred adjudication for the offense.

Byars, 54-year-old resident of Memphis, was arrested in Hall County for the offense that took place June 12, 2013 by Carter. Byars was indicted by a Hall County Grand Jury on Dec. 13, 2013.
Pursuant to the plea agreement, Byars was required to pay an upfront fine of $2,000 to Hall County and $376 in court costs. If Byars violates probation, he could face up to one year in the Hall County Jail.

Hall County District Court Hears Five Pleas

Thursday, January 16th, 2014

Memphis – On Thursday, Jan. 16, 2014, five pleas took place in Hall County, Texas.

Luke Inman, the District Attorney for the 100th Judicial District, prosecuted the cases for the State of Texas with the Honorable Judge Stuart Messer presiding.

A total of $6,500 in fines were assessed as a result of the pleas that took place on Jan. 16. In addition to the fines, the defendants were required to pay a total of $1,889 in court costs and $464.24 in restitution.

1. Delfino Fidel Escalante, a 31-year-old resident of Memphis, pleaded true to allegations listed in the State’s Motion to Adjudicate and was convicted and sentenced to 20 months in the State Jail Division of the Texas Department of Criminal Justice.

On June 24, 2013, Escalante originally pleaded guilty to the state jail felony offense of possession of marihuana in a drug free zone that occurred on March 13, 2013, in Hall County.

The State filed the motion to adjudicate on Nov. 19, 2013, alleging seven violations of community supervision.

Escalante pleaded true to the violations contained in the State’s motion and was sentenced to 20 months. Escalante is also required to pay $376 in court costs to Hall County and a $1,000 fine.

2. Victor Martinez, a 20-year-old resident of Memphis, pleaded true to allegations listed in the State’s Motion to Adjudicate and was convicted and sentenced to 14 months in the State Jail Division of the TDCJ.

On Aug. 19, 2011, Martinez originally pleaded guilty to the state jail felony offense of credit card abuse that occurred on March 11, 2011, in Hall County.

The State filed the motion to adjudicate on Sept. 13, 2013, alleging eight violations of community supervision.

Martinez pleaded true to the violations contained in the State’s motion and was sentenced to 14 months. Martinez is also required to pay $376 in court costs to Hall County, a $2,500 fine, and $184.24 restitution.

3. Martinez was also sentenced to five years in the Institutional Division of TDCJ for the third degree felony offense of deadly conduct that occurred in Hall County on June 9, 2013 after being arrested by Hall County Deputy James Palmitier. Martinez pleaded guilty to an information filed by the State on Jan. 16, 2014.

Pursuant to the plea agreement, Martinez is required to pay $376 in court costs.

4. Joshua Ray Brown-Brannon, a 27-year-old resident of Childress, pleaded true to allegations listed in the State’s Motion to Adjudicate and was convicted and sentenced to 14 months in the State Jail Division of the TDCJ.

On Dec. 3, 2012, Brown originally pleaded guilty to the state jail felony offense of possession of a controlled substance that occurred on Oct. 5, 2012, in Childress County.

The State filed the motion to adjudicate on Jan. 13, 2014, alleging six violations of community supervision.

Brown pleaded true to the violations contained in the State’s motion and was sentenced to 14 months. Brown-Brannon is also required to pay $385 in court costs to Childress County, a $1,500 fine, and $140 in restitution.

5. Lee Adam De La Cruz, a 29-year-old resident of Memphis, pleaded not true to allegations listed in the State’s Motion to Adjudicate. The court then held a contested adjudication hearing and De La Cruz was convicted and sentenced to 24 months in the State Jail Division of the Texas Department of Criminal Justice.

On April 1, 2013, De La Cruz originally pleaded guilty to the state jail felony offense of possession of a controlled substance that occurred on Feb. 26, 2013, in Hall County.

The State filed the motion to adjudicate on Oct. 31, 2013, alleging seven violations of community supervision.

De La Cruz pleaded not true to the violations contained in the State’s motion.

The State then called numerous witnesses during the adjudication hearing. One of the testifying witnesses was the ex-girlfriend of De La Cruz who testified she had been assaulted numerous times while De La Cruz was on felony probation.

De La Cruz was sentenced to the maximum punishment allowed, which was 24 months. DeLaCruz is also required to pay $376 in court costs to Hall County, a $1,500 fine, and $140 restitution.

100th District Judicial Court Sentences Two, Probates Two

Wednesday, January 15th, 2014

Childress – On Wednesday, Jan. 15, 2014, two pleas took place in Childress County, Texas.

Luke Inman, the District Attorney for the 100th Judicial District, prosecuted the cases for the State of Texas with the Honorable Judge Stuart Messer presiding.

A total of $2,250 in fines were assessed as a result of the pleas that took place on Jan. 15. In addition to the fines, the defendants were required to pay a total of $761 in court costs and $12,609.06 in restitution.

1. Tanner Arcadio Zuniga, a 18-year-old resident of Childress, pleaded true to allegations listed in the State’s Motion to Adjudicate and was convicted and sentenced to 12 months in the State Jail Division of the Texas Department of Criminal Justice.

On March 25, 2013, Zuniga originally pleaded guilty to the state jail felony offense of criminal mischief that occurred on March 10, 2013, in Childress County.

The State filed the motion to adjudicate on Nov. 5, 2013, alleging two violations of community supervision.

Zuniga pleaded true to the violations contained in the State’s motion and was sentenced to 12 months. Zuniga is also required to pay $385 in court costs to Childress County, a $250 fine, and $12,469.06 in restitution.

2. Jonathon Alex Wills, a 30-year-old resident of Edgewood, N.M., pleaded true to allegations listed in the State’s Motion to Adjudicate and was convicted and sentenced to 14 months in the State Jail Division of the TDCJ.

On April 12, 2012, Wills originally pleaded guilty to the state jail felony offense of possession of a controlled substance that occurred on April 4, 2012, in Childress County.

The State filed the motion to adjudicate on May 31, 2013, alleging five violations of community supervision.

Wills pleaded true to the violations contained in the State’s motion and was sentenced to 14 months. Wills is also required to pay $376 in court costs to Childress County, a $2,000 fine, and $140 in restitution.

Panhandle, Carson County, Texas January 14, 2014

1. Felisitaz Trevino, a 33-year-old resident of Memphis, pleaded true to allegations listed in the State’s Motion to Adjudicate and was convicted and sentenced to two years in the State Jail Division of the Texas Department of Criminal Justice, but the sentence was probated for a period of five years.

On June 24, 2013, Trevino originally pleaded guilty to the state jail felony offense of possession of a controlled substance that occurred on March 21, 2013, in Hall County.

The State filed the motion to adjudicate on Dec. 12, 2013, alleging six violations of community supervision.

Trevino pleaded true to the violations contained in the State’s motion and was sentenced to two years, but probated for five years. Trevino is also required to pay $376 in court costs to Hall County, a $1,000 fine, and $140 in restitution.

2. Trevino was also placed on probation for a period of five years for the second degree felony offense of possession of a controlled substance in a drug free zone. Trevino pleaded guilty and was placed on deferred adjudication for a period of five years.

Trevino was arrested in Hall County for the offense that took place Oct. 10, 2013 by Memphis Police Chief Chris Jolly. Trevino pleaded guilty to an information filed by the State on Nov. 21, 2013.

Pursuant to the plea agreement, Trevino is required to pay a $1,000 fine to Hall County, $376 in court costs, $140 restitution, and successfully complete 400 hours of community service. If Trevino violates her probation, she could face up to 20 years in the Institutional Division of TDCJ.

Carson County District Court Sentences Chamberlain To 20 Years

Tuesday, January 14th, 2014

On Tuesday, Jan. 14, 2014, one contested hearing and two pleas took place in Carson County, Texas.

Luke Inman, the District Attorney for the 100th Judicial District, prosecuted the cases for the State of Texas with the Honorable Judge Stuart Messer presiding.

A total of $20,000 in fines were assessed as a result of the pleas that took place on Jan. 14. In addition to the fines, the defendants were required to pay a total of $1,332 in court costs and $420 in restitution.

1. Michael Allen Chamberlain, a 19-year-old resident of Panhandle, pleaded not true to allegations listed in the State’s Motion to Adjudicate and was convicted and sentenced to 20 years in the Institutional Division of the Texas Department of Criminal Justice.

On Sept. 27, 2013, Chamberlain originally pleaded guilty to the second degree felony offense of indecency with a child that occurred on March 14, 2013, in Carson County.

The State filed the motion to adjudicate on Nov. 6, 2013, alleging four violations of community supervision.

Chamberlain pleaded not true to the violations contained in the State’s motion and a contested hearing was held.

Four witnesses were called by the State, Marci Mills and Mark White with the 100th Judicial District Community Supervisions and Corrections Department, and Taner Blackburn and Drew Brassfield with the City of Panhandle Police Department.

According to court documents and trial exhibits, Chamberlain was not to be within 300 feet of the victim, nor was he to be at any school functions or activities where children under the age of 17 commonly gather.

On Oct. 25, 2013, Chamberlain attended the Panhandle football game and sat in the student section, two rows away from the victim.

“It was well understood by the probationer that he could not be around children, especially the child victim in this case,” said Inman. “The probationer did not take his conditions of community supervision seriously, on a very dangerous case, and that’s why he was sentenced to the maximum punishment this afternoon.”

On Oct. 26, 2013, Chamberlain was arrested by Brassfield and Blackburn after violating the protective order that was put in place when he originally pleaded guilty. After the testimony and evidence was presented by the State, the court found all allegations in the State’s motion had been violated by a preponderance of the evidence.

During the punishment phase, White testified that Chamberlain “lacked total disregard for the court’s instruction and order.”

Both Brassfield and Blackburn stated that Chamberlain should not remain on probation for the indecency offense due to his actions only one month after he pleaded guilty to the second degree felony offense.

After all the evidence was provided, the court sentenced Chamberlain to 20 years, the maximum allowable by law. Chamberlain is also required to pay $665 in court costs to Carson County.

2. Shea Philip Jones, a 23-year-old resident of Phoenix, Ariz., pleaded true to allegations listed in the State’s Motion to Adjudicate and was convicted and sentenced to 25 years in the Institutional Division of the TDCJ.

On Feb. 20, 2013, Jones originally pleaded guilty to the first degree felony offense of possession of a controlled substance that occurred on Jan. 26, 2013, in Carson County.

The State filed the motion to adjudicate on Oct. 21, 2013, alleging eight violations of community supervision.

Jones pleaded true to the violations contained in the State’s motion and was sentenced to 25 years. Jones is also required to pay $331 in court costs to Carson County, a $10,000 fine, and $280 in restitution.

3. Esmeralda Farias was placed on probation for a period of ten years for the first degree felony offense of possession of a controlled substance with intent to deliver. Farias pleaded guilty and was placed on deferred adjudication for a period of ten years.

Farias, 47-year-old resident of Oklahoma City, Okla., was arrested in Carson County for the offense that took place March 3, 2013 by DPS Trooper Danny Nunez. Farias pleaded guilty to an information filed by the State on Oct. 9, 2013.

Pursuant to the plea agreement, Farias is required to pay a $10,000 fine to Carson County, $336 in court costs, $140 restitution, and successfully complete 400 hours of community service. If Farias violates her probation, she could face up to 99 years or life in the Institutional Division of TDCJ.

Childress County Grand Jury Indicts Four

Monday, January 13th, 2014

Childress County Grand Jury met on Jan. 13, 2014 and indicted four persons for prosecution.

1. Marlon Austere Cortez, Sexual Assault for a Child, 2nd degree, Oct. 17, 2013.
2. Andrew Manuel Douglas, Burglery of a Habitat, 2nd degree, Oct. 7, 2013.
3. Melvin Santamaria, Tampering With a Governmental Record, State Jail Felony, July 7, 2013.
4. Alisha Louis Taylor, Tampering with Evidence, 3rd degree, Sept. 4, 2013.

Carson County Grand Jury Indicts 18

Monday, January 6th, 2014

Jan. 6, 2014

1. Kristin Shana Peck – Possession of Marijuana, Second Degree Felony on Jan. 29, 2013.

2. Ryan James Hutchison – Possession of Marijuana, Second Degree Felony on Jan. 29, 2013.

3. Donald Lewis Schrein – Possession of Marijuana, Third Degree Felony on April 30, 2013.

4. Tri Thoi Nguyen – Possession of Marijuana, Third Degree Felony on Dec. 28, 2011.

5. Vincent Peter Dibenedetto – Possession of Marijuana, Third Degree Felony on Nov. 19, 2011.

6. Robert Anthony Carey – Possession of Marijuana, Third Degree Felony on July 15, 1012.

7. Robert Anthony Carey – Possession of a Controlled Substance, Penalty Group 2, Felony* punishable by 10-99 years or life in prison on July 15, 2012.

8. Steven James Anderson – Possession of Marijuana, Third Degree Felony on Aug. 27, 2011.

9. Steven James Anderson – Possession of a Controlled Substance, Penalty Group 2, Second Degree Felony on Aug. 27, 2011.

10. Phuong Tuan Phan – Possession of Marijuana, Third Degree Felony on Jan. 22, 2013.

11. Christopher Lee Truong – Possession of Marijuana, Third Degree Felony on Jan. 22, 2013.

12. Joseph Manuel Mendez – Possession of Marijuana, Second Degree Felony on Feb. 21, 2012.

13. Jose A. Jimenez – Possession of Marijuana, Second Degree Felony, Enhanced First Degree Felony on Feb. 21, 2012.

14. Tony Dugan – Possession of Marijuana, Second Degree Felony on Feb. 2, 2013.

15. Dakota James Cullon – Indecency with a Child, Second Degree Felony on Sept. 26, 2013.

16. Dakota James Cullon – Two Counts of Injury to a Child, Third Degree Felony on Sept. 26, 1013.

17. Glenn Arthur Likins – Assault Against a Family Member, Third Degree Felony; Aggravated Assault, Second Degree Felony; Criminal Attempt, Second Degree Felony on Oct. 2, 2013.

18. Ralph Pena Luera – Burglary of a Habitat, Second Degree Felony on Aug. 20, 2013.

Carson County District Court Adjudicates Two

Monday, January 6th, 2014

On Monday, Jan. 6, 2014, two pleas took place which resulted in deferred adjudications.

Luke Inman, the District Attorney for the 100th Judicial District, assisted by Scott Sherwood, prosecuted the cases for the State of Texas with the Honorable Judge Stuart Messer presiding.

1. Russell Wayne Wiest was placed on probation for a period of four years for the second degree felony offense of possession of a controlled substance. Wiest pleaded guilty and was placed on deferred adjudication for the offense.

Wiest, 49-year-old resident of Byers, Texas, was arrested in Carson County for the offense that took place June 7, 2013 by DPS Trooper Josh Allen. Wiest pleaded guilty to a complaint filed by the State on Oct. 8, 2013.

Pursuant to the plea agreement, Wiest is required to pay a $4,000 fine to Carson County, $336 in court costs, $140 restitution, and complete 300 hours of community service. If Wiest violates probation, he could face up to 20 years in the Institutional Division of the Texas Department of Criminal Justice.

2. Jeremy Logan Wilson was placed on probation for a period of four years for the state jail felony offense of burglary of a building. Wilson pleaded guilty and was placed on deferred adjudication for the offense.

Wilson, 26-year-old resident of Skellytown, was arrested in Carson County for the offense that took place Aug. 2, 2013 by Carson County Deputy Terry Atchley. Wilson pleaded guilty to a complaint filed by the State on Jan. 3, 2014.

Pursuant to the plea agreement, Wilson is required to pay a $1,000 fine to Carson County, $276 in court costs, and complete 100 hours of community service. If Wilson violates probation, he could face up to two years in the State Jail Division of the TDCJ.

Hall County Grand Jury

Monday, December 30th, 2013

The Hall County Grand Jury met on Dec. 13, 2013 and indicted five persons. They are: Jason Dwight Bridges for Burglary of a Building, State Jail Felony on June 5, 2013; Bradley Kent Byars for Aggravated Assault with a Deadly Weapon, 2nd Degree Felony on June 12, 2013; Dayron Nicholas Forbes for Money Laundering, Sate Jail Felony on May 9, 2013; Sergio Garcia for Burglary of a Building, State Jail Felony on Sept. 30, 2013; and Michael Joshua Lopez for Burglary of a Habitation, 2nd Degree Felony on Aug. 8, 2013.

Childress County District Court Hears Two Pleas

Wednesday, December 18th, 2013

Childress – On Wednesday, Dec. 18, 2013, two pleas took place in Childress County, Texas.

Luke Inman, the District Attorney for the 100th Judicial District, assisted by Greg Buckley, prosecuted the cases for the State of Texas with the Honorable Judge Stuart Messer presiding.

A total of $2,500 in fines was assessed as a result of the pleas that took place on Dec.18. In addition to the fines, the defendants were required to pay a total of $761.50 in court costs.

1. Morgan Leigh Cain was placed on probation for a period of two years for the state jail felony offense of possession of a controlled substance. Cain pleaded guilty and was placed on deferred adjudication for the offense.

Cain, 28-year-old resident of Houston, was arrested in Childress County for the offense that took place Nov. 23, 2013 by Childress Police Officer Chad Ware. Cain pleaded guilty to an information filed by the State on Dec. 17, 2013.

Pursuant to the plea agreement, Cain is required to pay a $1,000 fine to Childress County, $385.50 in court costs, $140 restitution, and successfully complete 100 hours of community service. If Cain violates probation, she could face up to two years in the State Jail Division of the Texas Department of Criminal Justice.

2. Juan Contreras was placed on probation for a period of seven years for the second degree felony offense of burglary of a habitation. Contreras pleaded guilty and was placed on deferred adjudication for the offense.

Contreras, 41-year-old resident of Wellington, was arrested in Collingsworth County for the offense that took place March 27, 2013 by Collingsworth County Deputy Larry Ashurst. Contreras and was later indicted by a Collingsworth County Grand Jury on Nov. 15, 2013.

Pursuant to the plea agreement, Contreras is required to pay a $1,500 fine to Collingsworth County, $376 in court costs, and successfully complete 300 hours of community service. If Contreras violates probation, he could face up to 20 years in the Institutional Division of the TDCJ.

This plea of guilty also subjects Contreras to deportation proceedings to his country of origin, which is Mexico.