8 years ago

Clarendon – On Monday, May 20, 2013, four pleas took place which resulted in three convictions and one deferred adjudication. There were also two contested revocation hearings Monday afternoon that resulted in the conviction of two defendants.

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 $9,500 in fines was assessed as a result of the pleas that took place on May 20. In addition to the fines, the defendants were required to pay a total of $2,561 in court costs and $1,085 restitution.

1. Torrence Eugene Smith was convicted for the first degree felony offense of escape causing bodily injury, enhanced. Smith pleaded guilty for the offense that took place on March 5, 2013 and was sentenced to 30 years in the
Institutional Division of Texas Department of Criminal Justice.

Smith was arrested in Gray County after an escape from the Donley County jail by Donley County Deputy Vincent “Sonny” Marasco, according to Inman.

One jailer was injured during the escape which caused this felony of escape to be enhanced to a second degree felony, according to court documents.

“This was a very unfortunate incident for the jailer that was injured and we were just lucky that serious injuries were avoided by the swift action taken by the Donley County Sheriff’s Office,” said Inman.

Smith, 40-year-old resident of Clarendon, was indicted by a Donley County Grand Jury on April 2, 2013.

Inman filed an enhancement notice due to a previous felony conviction out of Potter County, making this second degree felony offense punishable as a first degree felony.

Pursuant to the plea agreement, Smith is required to pay $473 in court costs to Donley County.

2. Francisco Salazar, a 54-year-old resident of Memphis, pleaded true to allegations listed in the State’s Motion to Revoke and was convicted and sentenced to five years in the Institutional Division of the TDCJ.

On Feb. 21, 2012, Salazar originally pleaded guilty to the third degree felony offense of DWI 3rd or more that occurred on Jan. 1, 2012, in Hall County.

The State filed the motion to revoke on Jan. 10, 2013, alleging six violations of community supervision.

Salazar pleaded true to all of the violations contained in the State’s motion in an agreed plea and was sentenced to five years. Salazar is also required to pay $376 in court costs to Hall County, a $3,000 fine, and $140 restitution.

3. Richard Polmon, a 58-year-old resident of Amarillo, pleaded not true to allegations listed in the State’s Motion to Adjudicate and was convicted and sentenced to 10 years in the Institutional Division of the TDCJ.

On July 13, 2011, Polmon originally pleaded guilty to the third degree felony offense of injury to elderly that occurred on May 8, 2011, in Donley County.

The State filed the motion to adjudicate on Dec. 14, 2012, alleging seven violations of community supervision.

Polmon pleaded not true to all of the violations contained in the State’s motion.

A contested hearing was held where the State called three witnesses, Marci Mills and Mark White the 100th Judicial District Community Supervision and Corrections Department and Jessie Zuniga, an officer with the Childress Police Department.

Zuniga’s testimony regarding his stop and arrest of the Defendant for a driving while intoxicated offense in Childress County was one of the several violations heard by Messer.

“Officer Zuniga did an excellent job in his investigation and testimony of the DWI arrest in Childress County on Nov. 16, 2012,” said Inman. “He is a young officer that is keeping the streets safe in Childress and did an excellent job in working a case that resulted in the maximum punishment of this defendant today.”

Polmon denied the consumption of alcohol on the date of his arrest for DWI, and testified that the 42 ounce Budweiser beer bottle in the front driver’s floorboard was left by a hitchhicker he had picked up in Memphis.

After all the testimony was present, Polmon was sentenced to 10 years. Polmon is also required to pay $383 in court costs to Donley County and a $1,000 fine.

4. Nicholas Ryan Clubb, a 28-year-old resident of Hedley, pleaded true to one allegation listed in the State’s Motion to Adjudicate and was convicted and sentenced to 18 years in the Institutional Division of the TDCJ.

On Sept. 20, 2012, Clubb originally pleaded guilty to the second degree felony offense of burglary of a habitation that occurred on March 9, 2012, in Donley County.

The State filed the motion to adjudicate on April 8, 2013, alleging six violations of community supervision.
Clubb pleaded true to one of the violations contained in the State’s motion.

After the plea of true to methamphetamine and alcohol consumption while he was on felony probation, a contested punishment hearing was held.

Clubb admitted to drinking alcoholic beverages on the night of March 17 that led to a one-car accident where Clubb’s vehicle was completely totaled in Donley County. The vehicle was owned by his grandmother.

Clubb walked to a nearby travel trailer and entered without the consent of the owner. Clubb fell asleep after he helped himself to several Dr. Peppers and a sweatshirt, according to his testimony.

After hearing all the evidence, Clubb was sentenced to 18 years. Clubb is also required to pay $473 in court costs to Donley County and a $4,000 fine.

5. Todd Randall Phillips was convicted for the second degree felony offense of aggravated assault. Phillips pleaded guilty for the offense that took place on Nov. 5, 2012 and was sentenced to seven years in the Institutional Division of Texas Department of Criminal Justice.

Phillips, 42-year-old resident of Clarendon, was arrested by Donley County and was indicted by a Donley County Grand Jury on April 2, 2013.

Pursuant to the plea agreement, Phillips is required to pay $383 in court costs to Donley County.

6. Lucinda Jean Hearn was placed on probation for a period of three years for the third degree felony offense of forgery against elderly individual. Hearn pleaded guilty and was placed on deferred adjudication for the offense.

Hearn, 32-year-old resident of Amarillo, was arrested for the offense that took place Dec. 18, 2012 and was indicted by a Donley County Grand Jury on April 2, 2013.

Pursuant to the plea agreement, Hearn is required to pay a $1,500 fine to Donley County, $473 in court costs, $945 restitution, and successfully complete 200 hours of community service. If Hearn violates probation, she could face up to ten years in the Institutional Division of the TDCJ.