Wednesday, December 27, 2017

YEAR IN REVIEW 2017-Trials and Other Assorted Fun

It's hard to declare whether a trial result is a "victory" or not. Different factors such as the pretrial offer, overall exposure to prison, and facts of the case usually dictate whether the effort in preparation and performance in trial paid off.  What follows are quick summaries of the trials and the result. Many thanks to all those who helped.

Travis County 450th District Court
Injury to a Disabled Person
State of Texas v. Jonathan Price
Length:  3 Days
Second Chair:  Richard Collins
Penalty Range:  2-20 Years
Result:  Convicted 9 years TDC

Defendant allegedly struck a blind man with a service dog at a bus stop. Defense was that the man did not appear disabled (the Defendant thought he was just a guy walking his dog) and the man did not meet the statutory definition of disabled.  The jury instruction gave the affirmative defense but the court refused the lesser included.
Pretrial Offer: 8

Travis County 390th District Court
Continuous Sexual Assault of a Child
State of Texas v. James Faglie
Length:  5 Days
Second Chair:  Alex Calhoun
Penalty Range:  25-99/life
Result:  Convicted 35 Years TDC

Biological daughter made numerous allegations over several years.  The state presented an additional witness to corroborate the behavior.
Pretrial Offer: 40

Travis County 299th District Court -Bench Trial
Agg Kidnapping/Agg Assault
State of Texas v. Sayed Sadat
Length:  3 Days
Second Chair:  none
Penalty Range:  5-99/2-20
Result:  Convicted 30/20 years TDC

Defendant attacked a social worker with a screwdriver on her face and bit her.  Defendant was from Afghanistan and spoke Dari.  There were communication challenges, but ultimately an interpreter spoke in his native tongue throughout the proceedings.
Pretrial offer:  30/20 TDC

Travis County 331st District Court
Driving While Intoxicated Enh Habitual
State of Texas v. Raymond Young
Length:  3 Days
Second Chair:  Val Antonio
Penalty Range:  25-99/life
Result:  Convicted 10 years TDC

Defendant arrested after an accident and other calls about a car with his description driving erratically.  Witnesses put him behind wheel and Defendant appeared highly intoxicated.
Pretrial offer:  2 TDC

Williamson County 368th District Court
Aggravated Robbery Enh
State of Texas v. Theo Demaree
Length:  4 Days
Second Chair:  Todd Dudley
Penalty Range: 25-99/life
Result:  Convicted 25 years TDC

Defendant and girlfriend allegedly set up a prostitution deal via Plenty of Fish dating app and then robbed the crack-smoking victim.
Pretrial offer:  30 TDC

Travis County 331st District Court
Impersonating a Peace Officer/3x of Robbery (6 victims)
7 counts of Engaging in Organized Criminal Activity
State of Texas v. Dustin Clark
Length:  4 days
Second Chair:  Richard Collins
Penalty Range: 5-99/life each count
Result:  Mistrial on all counts

Defendant accused of numerous robberies and impersonating a Peace Officer.  The state had GPS evidence on the Defendant vehicle, Cell Phone records coinciding with the GPS,  text messages between Defendant and co-defendants, and testimony from co-defendant as to identification and planning.
Pretrial offer:  15 TDC


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