Clarendon – On Tuesday, Nov. 19, 2019, three contested hearings, all involving the same defendant, took place in the 100th Judicial District Courtroom at the Donley County Courthouse. Luke Inman, the District Attorney for the 100th Judicial District, along with Assistant District Attorney Harley Caudle, prosecuted the cases for the State of Texas, with the Honorable Judge Stuart Messer presiding.
David Brent Green was convicted and sentenced to a total of 31 years in the Institutional Division of the TDCJ for the second-degree offense of burglary of a habitation, the third-degree offense of retaliation and the third-degree offense of tampering with evidence.
Green, 43 from Clarendon, Texas, was arrested by Donley County deputies for the offenses that took place on June 13, 2018, July 6, 2018 and July 8, 2018.
Green was originally placed on community supervision when he pleaded guilty to all three offenses on July 17, 2018, where he was placed on five years of deferred adjudication.
The State filed its motion to adjudicate in each case on March 28, alleging six violations of community supervision. Green pleaded true to two of the allegations and not true to the remaining four.
The State called two witnesses, Mark White and Parker County Sheriff's Deputy Cole Harwell, during its case in chief in each of the three separate cases. White, the probation officer responsible for Green’s supervision while on probation, testified to the conditions Green was required to abide by during the term of his probation. Harwell testified to his law enforcement contact with Green in Weatherford, Texas, on March 2. On that date, Harwell found Green in possession of a stolen firearm, along with other items Green was prohibited from possessing while on probation.
After hearing the evidence in the first case, Messer found that Green had violated the terms of his community supervision, fully and finally convicted him of the second degree felony offense of burglary of a habitation and sentenced him to 20 years in the Institutional Division of the TDCJ. The process was repeated for the second and third cases, where Messer sentenced Green to seven years and four years. In addition, Messer ordered that the defendant’s prison sentences run consecutively.
“What makes these cases significant is the fact that Judge Messer ordered that the defendant’s prison sentences run consecutively,” said Caudle after the hearing. “That means that the defendant must serve each sentence on its own, until it is completed or parole is granted, before the next sentence even begins to run.”
“My office is striving to make this case the new normal in our district," said Inman. “When dealing with repeat offenders, our goal is to remove them from our community for the longest period of time allowable under existing laws, and I think these three cases are a great model for the future.”
Green is also required to pay a total of $1,464 in court costs and $1,500 in restitution.