Childress – On Monday, May 6, 2013, one contested revocation resulted in the conviction and sentencing of Wesley Garza, a Childress resident.
Luke Inman, the District Attorney for the 100th Judicial District, prosecuted the case for the State of Texas, with the Honorable Judge Stuart Messer presiding.
Garza 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 Texas Department of Criminal Justice, the maximum punishment by law.
On Sept. 4, 2012, 44-year-old Garza originally pleaded guilty to the third degree felony offense of possession of a controlled substance that occurred on March 27, 2012, in Childress County.
The State filed the motion to adjudicate on Feb. 19, 2013, alleging four violations of community supervision.
During the contested revocation hearing, the State called three witnesses, all of which were with the 100th Judicial District Community Supervision Department. Two witnesses, Gary Don Martin and Marci Mills testified that Garza continued to use illegal substances while he was on felony probation.
“The Defendant refused to participate in drug testing as he was court ordered to do while he was on felony probation,” said Inman. “When he did participate in such testing, it was positive for amphetamines and methamphetamine. If probationers have a substance abuse problem, they need to notify the supervision department in order for them to get into treatment programs before other problems arise.”
The hearing that afternoon was temporarily delayed due to an apparent suicide attempt by Garza while Martin was testifying for the State.
A razor blade was logged into evidence after the brief cessation of the hearing while EMS provided care to Garza while he laid on the courtroom’s floor, according to Childress County Sheriff Mike Pigg.
After the temporary delay, Messer adjudicated Garza’s guilt and punishment was set at the maximum for a third degree offense, which was 10 years in the Institutional Division of the TDCJ. Garza is also required to pay $385.50 in court costs and a $500 fine to Childress County.