San Saba, Texas–Judge Evan Stubbs sentenced David Lynn Johnson, 53, to 40 years in prison for Aggravated Sexual Assault of a Child on Wednesday, June 22, 2016. Johnson was also accused of bribing the child victim to take back her statement and testify falsely in Court. Judge Stubbs handed down an additional 25 year sentence for a Tampering with a Witness charge in the same indictment. The sentences will run concurrently.
In a criminal case, both the State of Texas and the accused have a right to a jury trial. Johnson elected to waive this right and instead elect for a trial before the Court. The State consented in the waiver of a jury trial and presented its evidence to Judge Stubbs after Johnson pled not guilty to both charges. The case was tried by Assistant District Attorney Stacy Burke and Kristen Sharpe. Johnson was represented by Tommy Adams.
The charges in the indictment stemmed from offenses committed in 2012 against a 12 year old child known to Johnson. At the punishment phase of trial, the State presented evidence of an Aggravated Assault with a shotgun committed against the child’s mother, a Prohibited Weapons charge in which the Defendant manufactured an explosive device, an Assault against a girl in which the Defendant had a dating relationship, as well as another Sexual Assault committed against a female acquaintance. The State also presented evidence of Johnson’s efforts to intimidate some of the State’s witnesses in an attempt to prevent them from coming to Court to testify against him.
The two sentences will run concurrently, however, Johnson will have to serve 20 years before becoming eligible for parole.
ADA Burke said Johnson “is an extremely violent person who used his anger and rage to intimidate, manipulate and hurt many people in the San Saba community.” Burke further stated that she believes the sentence handed down by Judge Stubbs sends a strong message that preying on children and using violence against others will not be tolerated in our district.