Sixth Court Of Appeals Dismisses Walsh Appeal

Court finds convicted felon waited too long to file, cites 'lack of jurisdiction' in dismissal

TEXARKANA, TX, Feb. 19, 2009 -- Finding that he had waited three days too long to file for an appeal or new trial, a three judge panel of the Sixth Court of Appeals today dismissed the appeal of former Aryan Brotherhood general John Wesley Walsh for want of jurisdiction.

Walsh, 43, was convicted by jury trial in the 115th District Court in September, 2008 for Burglary of a Habitation, and sentenced to Life in prison by Judge Lauren Parish on October 15, 2008.

Deemed an 'habitual offender', the Life penalty took into account a 1982 conviction of Walsh in Bexar County of Murder.

According to the opinion released today by the court, the period to file for an appeal or a new trial expired 30 days later, on Nov. 14th. Walsh filed a motion for a new trial on Nov. 17th, three days after the opportunity had lapsed, and a notice of appeal on Dec. 30, 2008.

Without timely notice, the opinion says the court has no jurisdiction over an appeal.

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Devance Convicted, Sentenced To 15 Years

Jury finds evidence in car theft case compelling

GILMER, TX, Feb. 19, 2009 -- A jury Tuesday found evidence and testimony presented in the felony Theft trial of Jimmy Michael 'Big Country' Devance convincing enough to return a verdict of guilty.

Today, Devance, 34, of Gladewater, was sentenced by Judge Lauren Parish in the 115th District Court to 15 years in the Texas Department of Corrections for the enhanced offense of felony Theft following that trial.

Assistant District Attorney, Edward Choy, prosecuted Devance, who stole an automobile from Mike Craig Ford in Gilmer on March 21, 2008. Devance took a 2O07 Chrysler 300 without paying under the ruse of wishing to purchase it and failed to return it. The car was eventually recovered in Wichita Falls, Texas.

Choy was pleased with the verdict. " The Jury paid close attention to all the evidence and sent a message that those who prey upon our citizens and businesses in Upshur County will be dealt with severely," he said.


Devance had a lengthy criminal history which included a prior felony conviction in Gregg County in 1995. Choy found other victims, including a 85 year old war veteran, Gerald French of Lufkin, who Devance defrauded in a roofing fraud scheme. French testified that Devance posed as a legitimate contractor who preyed upon victims whose homes were damaged by Hurricane Ike in Angelina County.

No word was released by Byrd on charges awaiting Devance in Lufkin relating to the alleged roofing fraud.

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Alleged Lufkin Roofing Scammer Goes On Trial In Gilmer

Jimmy Michael Devance, facing charges in Gilmer, also wanted in Lufkin

GILMER, TX, Feb. 16, 2009 -- The jury trial of 34 year old Jimmy Michael Devance, AKA 'Big Country', begins Tuesday in the 115th District Court in Gilmer.

He was indicted by an Upshur County Grand Jury in September of last year on a third degree felony charge of Theft of Property in excess of $20,000.

Regardless of the outcome, he will likely face charges in Lufkin relating to his alleged involvement in a roofing repair scam that left several elderly Lufkin residents out thousands of dollars after Hurricane Ike.

At least one of the scam victims from Lufkin has been scheduled to testify against Devance in the trial here in Gilmer.

Devance is currently free on $30,000 bond.

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115th District Court Hearings Put Five Behind Bars

Stubbert, Baker convictions highlight latest 115th District Court actions

GILMER, TX, Feb. 12, 2009 -- In two days of hearings in the 115th District Court, Judge Lauren Parish heard 13 Guilty pleas, resulting in five jail sentences, one probation and five deferred adjudications, according to the latest Hearings Report from Upshur County District Attorney Billy Byrd.

Besides the previously reported sentencings of Matthew Stubbert and Kerry Baker on charges of sexual assaults on children, Judge Parish also handed down jail terms for various drug charges, burglary and credit card abuse.


Feb. 6, 2009 Hearing Results
* JAMES SENTRELL CHISM, 29, of AVINGER, pled GUILTY to POSSESSION OF A CONTROLLED SUBSTANCE, a State Jail Felony (FS) and was sentenced to TWO YEARS in the STATE JAIL.

* MATTHEW ALBERT STUBBERT, 35, of GILMER, pled GUILTY to two counts of SEXUAL ASSAULT OF A CHILD, 2nd Degree Felonies (F2), and was sentenced to TWENTY YEARS in prison.

* JOSHUA DARK, 27, of GILMER, pled GUILTY to CREDIT CARD ABUSE (FS), and received THREE YEARS DEFERRED ADJUDICATION, along with $4253.08 in fines and restitution and 200 Community Work Service Hours. He must also attend Theft and Life Skills classes.

* KERRY SCOTT BAKER, 33, of GILMER, pled GUILTY to two counts of AGGRAVATED SEXUAL ASSAULT OF A CHILD, a First Degree Felony (F1), and was sentenced to LIFE In prison, with a consecutive TWENTY-FIVE YEAR prison sentence.

* DONOVAN LYNN BROUSSARD, 28, of GILMER, pled GUILTY to DEADLY CONDUCT, a Class 'A' Misdemeanor (MA), and was sentenced to NINETY DAYS in the Upshur County Jail.

* CHAD DALE WALLS, 24, of ORE CITY, pled GUILTY to INDECENCY WITH A CHILD (F2), and received SEVEN YEARS DEFERRED ADJUDICATION along with $1561.00 in fines and 300 Community Work Service Hours. He must also register as a Sex Offender, and is barred from Residing in a Home with a Child Under 18.

* COLTON SHANE GUTHRIE, 19, of WHITE OAK, pled GUILTY to BURGLARY OF A HABITATION (F2), and received to FOUR YEARS DEFERRED ADJUDICATION, along with $776.00 in fines and 300 Community Work Service Hours.

* DAVID TANKERSLEY, 18, of GLADEWATER, pled GUILTY to INJURY TO A CHILD (FS), and received FIVE YEARS DEFERRED ADJUDICATION, along with $766.00 in fines and 300 Community Work Service Hours.

* JESSIE LEE PHILLIPS, 39, of GILMER, pled GUILTY to ATTEMPT POSSESSION OF A
CONTROLLED SUBSTANCE (MA), and received NINE MONTHS DEFERRED ADJUDICATION along with $466.00 in fines and 80 Hours of Community Work Service Hours.

Feb. 9, 2009 Hearing Results
* KIMA SKINNER, 31, of GLADEWATER, pled GUILTY to SECURING EXECUTION OF
DOCUMENT BY DECEPTION (FS), and received FIVE YEARS probation along with $6714.00 in fines and 300 Community Work Service Hours. If she pays restitution to the Texas Health and Human Services, her probation will be reduced to two years.

* LARRY GENE HASKINS, 49, of GILMER, pled GUILTY to POSSESSION OR TRANSPORT OF CERTAIN CHEMICALS WITH INTENT TO MANUFACTURE CONTROLLED SUBSTANCE (F2), and was sentenced to EIGHT YEARS in prison.

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Matthew Albert Stubbert Convicted of Sexual Assault Of A Child

Judge Parish hands down 20 year prison term as penalty

GILMER, TX, Feb. 9, 2009 -- Matthew Albert Stubbert, 35, of Gilmer, was convicted of Sexual Assault of a Child and sentenced to a prison term of 20 years Friday in the 115th District Court of Judge Lauren Parish.

According to information released today by Upshur D.A. Billy Byrd, Stubbert entered a plea of guilty and requested Parish assess punishment, asking the judge to place him under Community Supervision. He testified that he had never before been convicted of a felony.

On stubborn cross-examination by Byrd, though, Stubbert admitted that he took advantage of a vulnerable teenage girl who held him in a position of trust, reluctantly saying that he had preyed upon the child and had engaged in sexual activity with her more times than he could remember.

In his closing argument, Byrd asked the court to assess a punishment that would be sufficient to protect the children of Upshur County from Stubbert, and that would deter others in the county form preying upon children here.

The 20 year term meted out by Judge parish was the maximum penalty Stubbert could have been given for the charge, which is a second degree felony.

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Former Gilmer Pizza Hut Manager Convicted Of Child Sexual Assault

Kerry Scott Baker receives a Life sentence plus 25 years for his admitted sexual assaults on children

GILMER, TX, Feb. 6, 2009 -- Upshur District Attorney Billy Byrd today released the particulars of the guilty pleas heard from Baker by Judge Lauren Parish Friday in the 115th District Court.

Baker, 33, the former manager of the Gilmer Pizza Hut, was accused of multiple counts of Aggravated Sexual Assault of a Child in two separate cases. He waived his right to a jury trial and pled guilty to all charges. As part of a plea bargain, Judge Parish handed down a penalty of life imprisonment for one the cases, and added 25 years to Baker's term for the second.

Commenting on the case, Byrd had this to say: "These were horrible facts and this was a horrible set of circumstances with some of the most disturbing evidence I have ever seen as a prosecutor and a District Attorney.

"Baker had worked as the Gilmer Pizza Hut manager for several years. A lot of people knew him. I took my little league baseball team to eat pizza there. Sometimes things happen that people never know about. People often have the wool pulled over their eyes. One side of Baker was shown to the public, but his private life was much different."


The road to Baker's arrest and conviction started from a search warrant the FBI served in Maryland. A computer seized by federal agents in that search contained evidence that pointed to Baker.

After receiving a search warrant for Baker's residence, agents arrived to find the man downloading child pornography. Baker was then taken to the Upshur County Sheriff's Office, where he gave a statement.

Evidence recovered in the search of Baker's home included photographs and recordings of the assaults he was charged with. Kerry was arrested on August 26, 2008 and indicted on November 12th for multiple counts of Aggravated Sexual Assault of a Child.

Regarding the sentence, Byrd told the Advocate that Baker must serve at least 30 years on the Life sentence before he would be eligible for parole. If parole were granted, Baker would then start serving the 25 year sentence. Byrd said it was " Very likely he (Baker) will never walk out of prison."

Baker still faces federal charges, being indicted by a federal grand jury in December on three counts of Production of Child Pornography, Transporting Materials Involving the Sexual Exploitation of Minors and Possession of Materials Involving the Sexual Exploitation of Minors.

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Four Guilty Pleas Last Week Result In Jail Time

Sentences handed down for Theft and DWI charges in the 115th

GILMER, TX, Feb. 5, 2009 -- Upshur District Attorney Billy Byrd reported that Judge Lauren Parish, 115th District Court, heard four guilty pleas on a variety of charges including Theft last Friday, and revoked the parole of two felons.

Pleas were heard and sentences handed down for the following:

Mary M. Hill, 41, of Gladewater, pled guilty and was sentenced to 15 months in state jail for Theft of Property.

John Allen Hubbard, 51, of Gilmer, pled guilty and was sentenced to three years in prison for a subsequent offense of Driving While Intoxicated.

Brent Banks, 19, of Hawkins, pled guilty and was sentenced to 30 days in the Upshur County Jail for Theft.

Andrew Latham Clark, 29, of Gilmer, pled guilty and received one year probation and was fined $726.00 for Fleeing.

The court also revoked the probations of Brenda Lee Chisum and Cruz Antonio Davis.

Chisum, 47, of Lone Star, was previously convicted of Forgery of Financial Instrument and will serve 18 months in state jail.

Davis, 22, of Ore City, will serve five years of prison time for Burglary of a Habitation.

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Gilmer Man Sentenced To 14 Years On Drug Charges

James Earl Robertson pled guilty Thursday to Possession of a Controlled Substance with Intent to Deliver.

GILMER, TX, Jan. 29, 2009 -- Judge Lauren Parish presided over nine criminal plea trials Thursday, hearing seven guilty pleas and revoking probation on two men previously convicted of unrelated forgeries.

The harshest penalty handed down was to Robertson, 41, of Gilmer. Facing a maximum of 99 years for his 1st degree felony, Parish sentenced him to 14 years in prison on the drug trafficking charge. Upshur D.A. Billy Byrd prosecuted the case. Robertson was defended by Ryan Hill.

Parish revoked probation on Taylor Justin Dawson, 28, of Gilmer. Dawson, who pled true to the state's allegations, was sentenced to one year in prison for the crime of Forgery of a Financial Instrument, a State Jail felony. Byrd prosecuted.

Likewise, probation was revoked for Nicholas Damon Woods, 30, of Gladewater. Pleading true, he was sentenced to 18 months in prison for Forgery of a Government Instrument, also a State Jail felony. Byrd prosecuted.

Other pleas heard, and sentences handed down, were:
* Damion Webb, 24, of Longview. Pled guilty to Assault, a class "A" misdemeanor. Sentenced to 60 days in the Upshur County Jail. Upshur Assistant District Attorney Edward Choy prosecuted the case.

* Charles Albert Beall, 19, of Ore City. Pled guilty to Burglary of a Building, a state jail felony. Sentenced to nine months in prison. Choy prosecuted.

* Gwendolyn Denise Pearce, 48, of Winona. Pled guilty to a subsequent offense of Driving While Intoxicated, a third degree felony. Sentenced to ten years in prison. Byrd prosecuted.

* Jimmy Keith Barber, 30, of Gilmer. Pled guilty to Robbery, a second degree felony. Sentenced to eight years in prison. Byrd prosecuted.

* Torchie Renee Pepper, 52, of Arlington. Pled guilty to a subsequent offense of Driving While Intoxicated. Sentenced to five years probation, and fined $1376.00. Byrd prosecuted.

*Decorian Timmons, 35, of Gladewater. Pled guilty to Theft, a class "A" misdemeanor. Sentenced to 18 months probation and fined $821.00. Byrd prosecuted.

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Ex Diana Teacher To Be Arraigned For Sexual Assault

John Tiger's arraignment scheduled for Jan. 29th

GILMER, TX., Jan. 23, 2009 -- John Cotcha Tiger, the former New Diana coach charged with a number of crimes stemming from his alleged misconduct with a former student, will be arraigned Thursday, Jan. 29th, in the 115th District Court.

Judge Lauren parish will preside.

Tiger is charged, in four sealed Grand Jury indictments, with four felonies:
* Multiple counts of Improper Relationship Between a Student and Teacher
* Multiple counts of Indecency with a Child
* Multiple counts of Sexual Assault of a Child
* Online Solicitation of a Minor

According to Upshur District Attorney Billy Byrd, each crime Tiger is charged with is a second degree felony, and each count carries a maximum penalty of 20 years imprisonment.

Byrd, who will be prosecuting the case, declined to comment on particulars of the case.

In addition to arraigning the Tiger case, Judge Parish has a full calendar on the 29th. Other arraignments scheduled for that day follow:

Willie Joe Gilmore, charged with Assault on a Public Servant.

Deverous Shjuan Davis, charged with Aggravated Assault with a Deadly Weapon.

Brady Dwayne Alsup, charged with two counts of Possessing a Prohibited Weapon.

Natasha Diana Hagler, charged with Forgery of a Financial Instrument.

Jimmy Wayne Black II, charged with Possession of a Controlled Substance.

Randall Oneal Mathis, charged with Possession of a Controlled Substance and Evading Arrest with a Vehicle.

Gwendolyn Denise Pearce, charged with Driving While Intoxicated.

David Fitzgerald Gunter, charged with Tampering With or Fabricating Physical Evidence and Possession of a Controlled Substance.

Shaun Christopher Abron, charged with Aggravated Assault with a Deadly Weapon and Obstruction of Justice or Retaliation.

Matthew Jason Comer, charged with Unauthorized Use of a Vehicle.

David Floyd McWhorter III, charged with Burglary.

April Michelle Gordon, charged with Theft of a Firearm.

Christopher Michael, charged with Theft of Property.

James D. Winrich, charged with Burglary.

Michael Wyatt Ebnetter, charged with Unauthorized Use of a Vehicle.

Robert Glen Jackson, charged with Assault of a Public Servant.

George Washington Sharper, charged with Possession of Marijuana.

Bobby Joe Crain, charged with Delivery of Marijuana in a Drug Free Zone.

Lonnie Ren Carr II, charged with Driving While Intoxicated.

Thomas Wayne Gibson, charged with Possession of a Controlled Substance.

Eric Lavon Quinn, charged with Possession of a Controlled Substance.

Donavan Lynn Brousard, charged with Aggravated Assault with a Deadly Weapon.

Melba Lilly, charged with Arson.

Colton Shane Guthrie, charged with Burglary of a Habitation.

Earl Henry Parker, charged with Possession of a Controlled Substance.

Dusty Diann Fussell, charged with Possession of a Controlled Substance.

Otis Ray Johnson Jr., charged with Burglary of a Habitation.

Jason William Lee, charged with Possession of a Controlled Substance.

Lakeevin Akeem Jones, charged with Aggravated Robery.

Brandon Burkett, charged with Deadly Conduct / Discharge of a Firearm.

John George McGuire III, charged with Aggravated Sexual Assault of a Child.

Willie Lee Skinner, charged with Unlawful Possession of a Firearm by a Felon and Possession of a Controlled Substance.

Carrie Lynn Wilcox, charged with Possession of a Controlled Substance.

Randy Shane Ogletree, charged with Possession of a Controlled Substance.

Brandon Lynn Coulter, charged with Possession of a Controlled Substance.

Chad Edward Wade, charged with Possession of a Controlled Substance.

Demarcrist Lopez Shepherd, charged with Delivery of a Controlled Substance.

Roy Edward Thompson, Jr., charged with Delivery of a Controlled Substance.

Kyle Zachary Jones, charged with Evading Arrest or Detention with a Vehicle.

Amanda Ruth Hunt, charged with Evading Arrest or Detention with a Vehicle.

James Jones Dupree, charged with Burglary of a Habitation.

Ralph Bradley Sustaire, charged with Burglary of a Habitation.

Ronald Wayne Smith II, charged with Forgery of a Financial Instrument.

Amber Gage, charged with Credit Card or Debit Card Abuse.

Monty Shane Gage, charged with Credit Card or Debit Card Abuse.

Amanda Gore, charged with Delivery of a Controlled Substance.

Kathy Lynn Jester, charged with Theft of Property.

Waldolf Manchester, charged with Indecency with a Child.

Devin Ray Matthews, charged with Burglary of a Habitation.

Todd Henry Pearson, charged with Driving While Intoxicated with a Child.

Marsha Anne Price, charged with Burglary of a Habitation.

Russell C. Turner, charged with Delivery of a Controlled Substance.

Chad Dale Walls, charged with Indecency with a Child.

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Judge Parish Hears 14 Guilty Pleas Last Week

Busy week at the 115th sees 8 jailed, 6 probated or defered.

GILMER, TX, Jan. 23, 2009 -- Upshur District Attorney Billy Byrd reports that Judge Lauren Parish, 115th District Court, heard the pleas on a variety of charges including drug possession, DWI and assault.

Pleas heard, and sentences were handed down for the following:

Michael E. Pouncy, 51, of Sulphur Springs. Sentenced to four years in prison for Robbery.

Paul Richard Lyle, 27, of Longview. Sentenced to six years in prison for Assault Against a Public Servant.

Glenda Gail Carr, 27, of Dumas, TX. Fined $2321.00 and sentenced to two years deferred adjudication for Criminal Mischief.

Donny Charles Evans, 18, of Duncanville, TX. Fined $1276.00 and sentenced to four years defered adjudication for Burglary of a Building.

Jeramy Josh Vickery, 23, of Longview. Fined $1466.00 and sentenced to two years deferred adjudication for Possession of Methamphetamine.

Michael Roger Newman, 48, of Diana. Fined $966.00, sentenced to five years probation for Possession of Methamphetamine.

Tony Dewayne Kemp, 31, of Diana. Fined $1321.00 and ten years probation for Attempted Aggravated Kidnapping.

Richard Albert Adams Jr., 35, of Big Sandy. Fined $1516.00 and sentenced to seven years probation for Driving While Intoxicated.

Glen Edward Bishop, 32, of Gilmer. Sentenced to ten months in jail for Theft.

Aloysius Dewayne Reliford, 37, of Gilmer. Sentenced to eight years in prison for Robbery.

Adam Cohagen Clamp, 25, of Gilmer. Sentenced to eight years in prison for Possession of Phencyclidine.

Charles Franklin Miller, 47, of Gilmer. Sentenced to ten years in prison for Driving While Intoxicated.

Eric Jeffrey Bradshaw, 31, of Diana. Sentenced to one year in jail for Possession of Methamphetamine.

Carly Nicole Thornbrough, 25, of Gilmer. Sentenced to ten months in jail for Possession of Cocaine.

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Upshur County Hearing Results Jan. 5 - Jan. 9, 2009

Upshur County District Attorney Billy Byrd reports that the 115th Judicial District Court heard 11 guilty pleas for the period.

GILMER, Tx, Jan. 13 -- With Judge Lauren Parrish presiding, the court heard eleven criminal cases, all resulting in guilty pleas.

Michael Decco, 44, White Oak, TX
Possession of a controlled substance (methamphetamine)
Pled guilty.

James Allen Bell, 32, Gladewater, TX
Possession of a controlled substance (methamphetamine)
Pled guilty.

Daniel Wayne Porter, 21, Gilmer, TX
Theft
Pled guilty.

Shawn Heim, 17, Ore City, TX
Burglary
Pled guilty.

Dale Edwin Johnson, 52, Dallas, TX
Driving while intoxicated
Pled guilty.

David Lester Mcalhany, 49, Longview, TX
False statement to obtain credit
Pled guilty.

Gary Don Elliott, 42, Mt. Pleasant, TX
Theft
Pled guilty.

Louis Franklin Gilmore, 65, Pittsburg, TX
Aggravated sexual assault of a child, Indecency with a child
Pled guilty.

Josiah Andrew Mitchell, 18, Longview, TX
Burglary
Pled guilty.

Kimberly Bunch, 44, Big Sandy, TX
Theft
Pled guilty.

Sarina Danner, 21, Gilmer, TX
Possession of a controlled substance (methamphetamine)
Pled guilty.

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