Aggravated Sexual Assault Child |

Posted in Aggravated Sexual Assault Child • Press Release

Granite Shoals Man Sentenced to Total Of 645 Years With 225 Years to Be Served Consecutively

On Tuesday, June 19, 2018, Judge Evan Stubbs sentenced Bryant Edward Dulin, 46, to a total of 645 years in 13 separate offenses of sexual abuse against children following a jury trial that lasted seven days. Judge Stubbs stacked several of the counts presented for a total of 225 years to be served consecutively.

The jury trial of Dulin began on June 11, 2018 with jury selection and evidence commenced on June 12. District Attorney Sonny McAfee and Assistant District Attorney (ADA) Stacy Burke prosecuted the case and Richard Davis of Burnet County, Sunday Austin of Williamson County, and Steven Wittekiend of Burnet County defended Dulin. The jury was comprised of 8 men and 4 women. There were three separate cases against Dulin involving 3 victims which were consolidated by agreement into one trial. Dulin was charged in one case with one count of Indecency with a Child, 9 counts of Aggravated Sexual Assault of a Child, and one count of Continuous Sexual Abuse of a Young Child. The second case was one count of Sexual Performance by a Child, and the final case was Aggravated Sexual Assault of a Child Under the Age of 6. The jury found the defendant guilty on all counts except the Sexual Performance by a Child for which they found Dulin not guilty.

Evidence during the trial revealed that Dulin had sexually abused children spanning a period of time going back to 2003 when he committed the Indecency with a Child. The offenses then progressed to Aggravated Sexual Assault of a Child which were shown to have occurred between 2003 through part of 2008. In 2007, the legislature created the offense of Continuous Sexual Abuse of a Young Child to cover those offenses which were continued over a period of time with a minimum duration of 30 days. Dulin’s offenses included a series of sexual offenses spanning a period of time immediately after the law went into effect to the first part of June 2008. The last charge included the Aggravated Sexual Assault of a Child Under the Age of Six that occurred in 2016.

The jurors found the defendant guilty of the offenses on Monday, June 18, 2018, and then heard punishment evidence on Tuesday, June 19. The punishment evidence included family violence dating back to the early 90’s against numerous women. The testimony at trial showed Dulin had been violent to ex-wives, girlfriends, and at least one stepchild. Evidence was presented that Dulin had abused marijuana, methamphetamine, various pain medications, and alcohol during that time as well. One witness testified that Dulin had kicked her in the stomach while she was pregnant with the child who later became a victim of sexual abuse. Several witnesses testified that they had not come forward with allegations against Dulin because they feared what he would do to them or their loved ones.

Jurors assessed punishment in the case as follows: Indecency with a Child – 20 years confinement in the Texas Department of Corrections (TDC) and a $5,000 fine; Aggravated Sexual Assault of a Child – 60 years for each of 9 counts and a $5,000 fine in each count; Continuous Sexual Abuse of a Young Child – 50 years; and Aggravated Sexual Assault of a Child Under the Age of Six – 35 years and a $5,000 fine. The Continuous Sexual Abuse of a Young Child and Aggravated Sexual Assault of a Child Under the Age of Six do not allow for the possibility of parole in those cases.

In sentencing the defendant, Judge Stubbs commented that the jury had been clear in their deliberations and assessed sentences. Therefore, he granted the State’s motion to cumulate or “stack” the sentences in part. He then stacked each of the first three counts (Indecency and two counts of Aggravated Sexual Assault), and sentenced the defendant to serve counts 4-10 of Aggravated Sexual Assault of a Child concurrently with Count III. He then sentenced the Continuous Sexual Abuse case and the Aggravated Sexual Assault of a Child under the Age of Six for a total of 285 years to run consecutively to the other charges.

District Attorney Sonny McAfee said he was pleased by the jury’s verdict as well as the stacking order by Judge Stubbs. McAfee said, “These jurors had to listen to heart wrenching facts about a monster that preyed on the young, the weak and vulnerable victims. Dulin’s victims were those that were least able to defend themselves, and he knew it. He threatened those he did hurt with harm to his victims or even with threats to harm his victims’ loved ones while he made the victims watch. This is one of the most despicable defendants we have ever prosecuted. These jurors paid extremely close attention for seven long days, and worked hard at their deliberations. I am proud of the message these jurors sent to other potential predators in our community.”

ADA Burke said she also was pleased with the verdicts, and that these victims showed uncommon courage in overcoming the hurt they suffered and standing up to this man. Burke added, “It took a long time for some of them to say something about the horrible things that were done to them, and admit the fear they had at coming forward. But they did it, and by doing so have saved countless other potential victims who might have suffered at the hands of this man. I am glad the judge ensured he will never have access to another innocent victim.”

LLANO COUNTY MAN SENTENCED TO TWO CONSECUTIVE LIFE SENTENCES

Billy Roush, age 69 of Llano County, was found guilty by a Llano jury. Judge Evan Stubbs then sentenced Roush to two life sentences which were then “stacked” sentences so they must be served consecutively, plus Roush was assessed two $10,000 fines. The minimum time before he could be eligible for parole would be in the year 2077. Roush was convicted of two counts of aggravated sexual assault of a child which carries a possible sentence from 5-99 years or life, and up to a $10,000 fine on each offense.

Assistant District Attorney Stacy Burke and District Attorney Sonny McAfee prosecuted the case. Roush was represented by Austin Shell and Michael Williams of the Shell and Shell law firm.

Roush was convicted of sexually assaulting a 9-year-old girl somewhere on a highway in west Texas. Because the exact county of the offense could not readily be determined, the “venue” or location of prosecution is proper in the county of residence of the defendant. Therefore, Roush was prosecuted in Llano County where he lived at the time of the offense.

Llano County Deputies, with assistance from the Sunrise Beach Chief of Police, Laurie Brock, and District Attorney Investigator, Jack Schumacher, conducted the investigation. In the course of the investigation, another victim of Roush was located in Madison County, who told District Attorney Chief Investigator Schumacher of offenses stemming back to approximately 1990, when that victim would have been four to five years old. That information was then forwarded to Madison County authorities where additional charges are now pending there.

Trials in Texas are “bifurcated,” or in two parts; the guilt-innocence phase of trial, and then upon a guilty verdict, there is a punishment phase. During the guilt phase of trial, the victim in the Llano case told the jury of the abuse that was perpetrated on her by the defendant. Additionally, the law allows for other victims to testify in that portion of the trial when 30 days’ notice is provided to the defendant. Therefore, the Madison victim also testified about the abuse she suffered for approximately a decade at the hands of Roush.

As Burke and McAfee were preparing for trial, additional victims of Roush were discovered within the 30 days prior to trial. Therefore, although they were excluded at the guilt phase, those victims were able to testify in the second phase of trial to assist the jury in determining the proper punishment. In total, five victims told of the sexual abuse Roush inflicted on them as children during a period of time that spanned almost four decades. Most of the victims had never fully revealed the details of the abuse until contacted during trial preparation for the Llano case. It took the jury approximately an hour to reach the decision that Roush should serve life in prison for each of two offenses charged in the Llano indictment.

ADA Burke requested the court stack the sentences so the sentences would be served consecutively, rather than at the same time. The defense argued that due to the age of the defendant and status of his health that sentences should not be stacked. Judge Stubbs granted the state’s motion to stack and admonished the defendant as he pronounced sentence. The judge further added, “Mr. Roush, the evidence in this case was very strong, and for a person to not have your sentence cumulated would be for a person who has done something to show remorse and to show some mercy on your victims, and from you I have not seen that. You forced all of these various young women to have to come up and go through it again. You’ve effectively revictimized them in my opinion. And you know what you did. And you had the opportunity to spare them the pain and suffering of having to come in a courtroom full of people that they don’t know and go through those things that they shouldn’t have to go through. And so I don’t get a joy out of sentencing you, but you’ve done nothing to deserve the mercy of the Court.”

ADA Burke said she was pleased with the verdict of the jury, “The abuse to the child in the initial investigation was horrible. But as we uncovered more and more layers of abuse dating back to at least 38 years, it became very clear that Roush has been a serial child predator for a very, very long time with extremely severe consequences to his victims and their families. He should never be out of prison and in a position where he could victimize other children, and this verdict will accomplish that.”

District Attorney McAfee thanked the jury, and said he was pleased the judge stacked the sentences. “These men and women on the jury appeared to be greatly affected by the facts they learned about this case, but the jury did an admirable job of paying close attention and then deliberating their decision carefully. We appreciate their time, effort, and decisions.”

McAfee also discussed ADA Burke’s closing argument in which she asked the jury to send a message that Llano citizens would not tolerate predators like Roush in this community. McAfee said, “The jurors sent that strong message. And by stacking the sentences, I believe that Judge Stubbs expressed a very strong stand against child abuse.”