Press Release |

COTTONWOOD SHORES MAN SENTENCED TO 55 YEARS

On Tuesday, August 20th 2019, a Burnet County jury found Defendant Allan Wayne Hawley of Cottonwood Shores guilty of Evading Arrest with a Motor Vehicle. Judge Allan Garrett then sentenced Hawley to 55 years in prison in accordance with the Jury’s assessment of punishment. The jury further found that the defendant used a motor vehicle as a deadly weapon in the commission of the crime which means he must be incarcerated at least ½ of his sentence before he is eligible for parole.

In the early evening hours of February 12, 2019, Allan Hawley led multiple police agencies on a vehicle chase through the city of Marble Falls. The defendant attempted to elude a Burnet County Sheriff’s Deputy Travis Akers when Deputy Akers observed the defendant commit multiple traffic violations. The Defendant drove a red Ducati motorcycle through residential and business areas and risked the lives of himself, law enforcement officers and other citizens in the city. The chase ended only when the defendant struck a Marble Falls police unit in the Chick-fil-A parking lot in his attempt to continue the evading.

The defendant had an extensive criminal history from California and Texas as well as federal convictions for Bank Robbery and Felon in Possession of a Firearm. Normally the sentence for evading arrest with a motor vehicle is 2 to 10 years in prison. However, Mr. Hawley’s criminal history allowed his offense to be punished as a habitual offender. Therefore, the punishment range was from 25 years in prison up to 99 years or life.

Assistant District Attorneys Amanda Dillon and Erin Toolan prosecuted the case. The defendant exercised his constitutional right to represent himself during the trial with stand-by defense counsel Austin Shell. Judge Allan Garrett presided over the trial. The trial began Monday, August 19th and concluded late on the following Tuesday afternoon.

Prosecutors Dillon and Toolan praised the Burnet County Sheriff’s Office, the Marble Falls Police Department and Texas Department of Public Safety for their commitment to the safety of the citizens of Burnet County. “We are very lucky that no one was injured by Mr. Hawley’s actions. Law enforcement did exactly what they were trained to do and they protected a lot of people that night. The jury made the right decision to send Mr. Hawley back to prison and we are all safer for it,” Dillon said.

Posted in Drug • Press Release

REPEATED NARCOTICS OFFENDER SENTENCED TO 80 YEARS FOR POSSESSING PILLS

On Friday, March 1, 2019, Judge Evan Stubbs sentenced Lucio Roy Atkinson, 47, to 80 years in prison for possessing 244 tablets of clonazepam with the intent to deliver the pills to others. Clonazepam is a drug used to treat anxiety among other medical uses. Atkinson had 11 prior felony convictions and 16 prior misdemeanor convictions.

Atkinson’s jury trial began on February 19, 2019. Assistant District Attorney Erin Toolan and District Attorney Sonny McAfee prosecuted the case, and Atkinson was represented by Terrence Marsh of Georgetown.

Evidence presented at trial showed that a DPS Trooper stopped Atkinson for a traffic violation in the Spicewood area on January 28, 2017. After conducting an investigation, the Trooper found 244 tablets of Clonazepam, many other illegal prescription pills, injectable steroids, and approximately an ounce of marijuana in Atkinson’s vehicle.

Evidence further established that Atkinson was a drug dealer in the area. Jack Schumacher, a retired Drug Enforcement Agent and current Chief Investigator for the District Attorney’s Office, testified that he reviewed text messages retrieved from Atkinson’s phone for the 15 day period prior to Atkinson’s arrest. In that small segment Schumacher said he was able to identify at least 19 buyers of different drugs from Atkinson as well as 3 probable suppliers. Schumacher also testified that Atkinson was dealing in steroids, illegal prescription drugs, cocaine, marihuana, and methamphetamine.

After the jury found Atkinson guilty he chose to have punishment assessed by the judge. The prosecutors presented evidence of Atkinson’s extensive criminal record and showed that Atkinson had used methamphetamine and committed other crimes even while awaiting trial. Members of Atkinson’s family testified on his behalf that he was a different person since his arrest and asked the court to allow Atkinson to get drug treatment. Due to Atkinson’s numerous prior convictions, the possible range of punishment was a minimum of 25 years in prison and a maximum of 99 years or life in prison.

Before sentencing Atkinson, Judge Stubbs addressed Atkinson and his family members who were present in the courtroom, saying “The problem is we have eleven prior felonies and a bunch of prior misdemeanors and [Atkinson] has had as many chances as anyone I’ve ever seen.” The judge continued, “He’s a repeat drunk driver, He’s a thief. He’s a person who evades arrest. He’s a reckless driver. He’s an addict. And, most importantly, he’s a drug dealer.” Judge Stubbs stated that he felt terrible for Atkinson’s family, but “Roy has made his choices and that’s the situation that we’re in.” Judge Stubbs then sentenced Atkinson to 80 years in the Texas Department of Criminal Justice.

Assistant District Attorney Erin Toolan said she was pleased with the guilty verdict by the jury and the judge’s sentence. “As the judge said at sentencing, most of our cases – whether drug possession, assaults, or child endangerment – involve the use of drugs,” said Toolan. “So people who sell drugs in this community are the cause or at least the catalyst for a lot of pain and sorrow when others are victimized by drug abusers.”

District Attorney McAfee agreed with Toolan and added, “Three weeks ago, a jury in Llano put a man in prison for life for dealing methamphetamine. And in this case the judge gave the defendant 80 years for dealing drugs. I hope every drug dealer and would-be drug dealer gets the message today: As a community we won’t put up with the spread of this poison.”

Posted in Press Release • Sexual Assault Child

Granite Shoals Man found guilty of 17 counts of Sexual Assault of a Child

On February 7th 2019, a Burnet County jury found Granite Shoals resident and local business owner Jackie Lett guilty of 17 counts of Sexual Assault of a Child. The jury assessed the defendant’s punishment at 15 years on two counts and probation on the other 15 counts. After presiding over the trial and hearing all the evidence, Judge J. Allan Garrett “stacked” those prison sentences for a total of 30 years and ruled that the probation term will not begin until the defendant has completed his prison sentences. The punishment range for each count was 2 years to 20 years in prison with the possibility of probation.

The victim was a teenage member of the Defendant’s household. The Defendant sexually abused the victim for almost 5 months before the victim felt that she was safely able to give an outcry against her abuser. After the sexual abuse came to light, the Defendant sent multiple incriminating text messages to the victim’s mother taking responsibility for the offenses. Those text messages became central to the State’s case.

Assistant District Attorneys Amanda Dillon and Erin Toolan prosecuted the case. Defense attorney Austin Shell represented Lett. The trial began Monday, February 4th and concluded late Thursday evening.

Prosecutors Dillon and Toolan are satisfied with the jury’s verdict and are thankful that the jury believed the victim. Dillon further said, “Jackie Lett is a sexual predator that used the innocent trust of a child for his own needs. The victim was brave enough to come forward with the report of her sexual abuse. Without her personal strength, we would not have been able to bring this abuser to justice. We are grateful for the hard work of the Granite Shoals Police Department and multiple additional investigators on the case. We are proud that the jury held Lett accountable for what he did.”

Posted in Aggravated Assault • Press Release

Kingsland Man Given Maximum Sentence of 20 Years in Prison for Aggravated Assault with a Deadly Weapon

On Tuesday, February 26, 2019, a Llano County jury returned a verdict of 20 years in prison (the maximum sentence) for Michael Andrew Horn, of Kingsland, for aggravated assault with a deadly weapon. Judge J. Allen Garrett sentenced Horn in accordance with the jury’s verdict following a two-day jury trial that began on Monday, February 25, 2019. Assistant District Attorney Ivan LePendu along with Assistant District Attorney Evan Robbins prosecuted the case against Horn, who was represented by Austin Shell, of the Shell and Shell Law Firm.

During the trial, the jury heard that Horn got into an altercation with another individual at Fuzzy’s bar in Llano on the evening of January 2, 2018. After the fight was broken up and the other man was leaving in his truck, Horn ran at the truck holding a handgun and threatened the life of that man, who was able to speed away. Horn then returned to the bar while still holding the gun and threatened the bartender that she had better not call the police.

During the punishment phase of trial, the evidence showed that Horn had previously been convicted of felony drug possession and numerous misdemeanor cases including assault, terroristic threat, possession of prohibited weapons, and unlawful carrying of a weapon (a firearm). Witnesses to the assault also testified during the punishment phase of trial that they had feared for their lives and families if the gun had been fired, either purposefully or even accidently.

The range of punishment for aggravated assault with a deadly weapon is between 2 and 20 years in prison, and a potential fine not to exceed $10,000. Assistant District Attorney LePendu argued that Horn had a history of weapon and violence charges, and that Horn’s choices and actions had endangered everyone at the bar that night. The jury deliberated until almost 8:30 at night before returning their verdict of 20 years in prison.

Mr. LePendu said he was thankful for the hard work of the jury and the strong message this verdict sent throughout the community. Mr. LePendu said, “The jurors took their civic responsibility very seriously. They carefully listened to all of the witnesses and considered all of the evidence in both the guilt and punishment phases of trial. The jury showed this community that threatening the life and safety of others with a handgun is not acceptable, and they held Mr. Horn accountable for doing so.”

Under current Texas law relating to crimes committed using a deadly weapon, Horn will not be eligible for parole until his time actually served in prison equals one half of his sentence.

Posted in Drug • Press Release

Kingsland Man Sentenced to Life in Prison for Possession of an Ounce of Meth

On Wednesday, February 13, 2019, a Llano County jury returned a verdict of life in prison for a Kingsland man, Thomas Preston Davis, 35, for possession of approximately one ounce of methamphetamine with intent to deliver. Judge Evan Stubbs sentenced Davis in accordance with the jury’s verdict following a three day jury trial that began on Monday, February 11, 2019. District Attorney Sonny McAfee along with Assistant District Attorney Ivan LePendu prosecuted the case against Davis. Lampasas attorney Zach Morris represented Davis.

Davis’ case began with an arrest on November 18, 2017 when he was arrested by Llano County Deputies for traffic offenses after law enforcement officers received information concerning Davis’ drug activities. In a subsequent search, Davis was found to be possessing approximately an ounce of methamphetamine in two separate packages hidden in the front of his pants. Three days after that arrest, on November 21, 2017, Davis was also alleged to have delivered almost three quarters of an ounce of meth in two separate transactions. On Tuesday, the jury deliberated about 2 hours before returning a guilty verdict for possessing methamphetamine with the intent to deliver in an amount greater than or equal to four grams but less than 200 grams. The punishment phase of the trial began on Wednesday morning and was completed by early Wednesday afternoon.

During the punishment phase of trial, the evidence showed that Davis had previously been convicted of conspiracy to deliver methamphetamine in Virginia in federal court and was sentenced to 9 years in federal prison plus 5 years of supervised release in that case. Davis was unsuccessful in his supervised release and returned to federal prison in Texas in October 2015. Davis was also arrested for evading arrest and possession of methamphetamine in the Buchanan Dam area in 2018 while his other drug cases were pending. Additional evidence produced at trial showed Davis attacked another inmate in the Llano County Jail while both were awaiting trial.

Based on Davis’ previous prison sentence and the quantity of meth possessed, the range of punishment for Davis’ offense was a minimum of 15 years with a maximum of 99 years or life, and a potential fine not to exceed $10,000. During closing arguments, Davis’ attorney asked the jury to consider a sentence twice as long as Davis’ previous prison stay so Davis could have a chance to make better decisions in the future when he got out. District Attorney McAfee argued that Davis had plenty of opportunity to make better choices in his life and Davis’ history showed he was not going to stop violating the law. The jury was out a little less than an hour and a half before returning the verdict of life in prison.

McAfee said he was thankful for the hard work of the jury and the strong message this verdict sent throughout the community. McAfee said, “The jurors carefully listened to the testimony and considered all of the evidence in both the guilt and punishment phases of trial. They showed great commitment to this community by holding this defendant accountable for spreading poison in the form of methamphetamine throughout this area. I am very pleased with the result of the jury’s work, and the efforts of law enforcement in bringing this defendant to justice.”

According to current Texas law, Davis will not be eligible for parole until his calendar time (actual time spent in prison) combined with time awarded for good conduct equals one quarter of his sentence or 15 years, whichever is less.

Posted in Drug • Press Release

Michael Wells Given Maximum Sentence of 10 Years in Prison for Possession of Cocaine in Llano County.

Michael Wells, 62, last known address in Kingsland, TX was sentenced by a Llano County jury to 10 years in the Texas Department of Corrections Institutional Division and a $2,500 fine for Possession of Cocaine after a 2 day trial in Blanco County.

In the early morning hours of September 18, 2016, Sunrise Beach police officer Reuben Sauceda conducted a traffic stop on a vehicle driven by Wells in a reckless manner. Deputy Ryne Van Pelt of the Llano County Sheriff’s Office arrived at the scene of the stop as backup to Officer Sauceda. After receiving consent to search the vehicle, Deputy Van Pelt discovered a small ziplock baggie containing cocaine on the passenger side floor board.

Wells was placed under arrest and the seized drugs were sent for analysis. The analyst with the Texas Department of Public Safety Crime Laboratory in Austin, Texas confirmed the substance to be cocaine in an amount less than one gram. The punishment range for that amount of cocaine is normally 180 days to 2 years in a State Jail. However, due to Wells’ previous convictions for Theft and Possession of Cocaine the punishment was enhanced to that of a third degree felony which is 2-10 years in the penitentiary.

After the trial, prosecuted by the 33rd & 424th Judicial District Attorney’s Office, the Llano jury returned a guilty verdict along with the maximum prison sentence.

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.”

Posted in Indecency with a Child • Press Release

Jury Gives Kingsland Man 27 years for Indecency with a Child

On April 12, 2018, a jury found Kingsland resident, Robert Corporon, guilty of two counts of Indecency with a Child, and then assessed his punishment at 12 years on one count, and 15 years on the other. After presiding over the trial and hearing all the evidence, Judge Evan Stubbs then “stacked” the punishment so the sentences will run consecutively. The punishment range for each count was between 2 years to 20 years in prison.

The victim in the case was an 8 year old girl from Colorado, who was visiting her family at the Corporon residence in Kingsland in the summer of 2016. The girl told her mother that Corporon had been “putting his hands in her pants.” The girl’s mother contacted law enforcement and an investigation was conducted. Later it was learned the child had also said Corporon touched her inappropriately in Colorado, on multiple occasions, when he had come to visit family members there. There are currently charges pending in Colorado stemming from that conduct.

Assistant District Attorney Stacy Burke prosecuted the case, assisted by paralegal Angela Smith. Paul Stuckle of Plano represented Corporon. The trial began Monday and concluded Thursday evening.

Burke said she was satisfied with the jury’s decision and was glad the jury believed the 8 year old child. She said further, “This man is a predator who betrayed the trust of an 8 year old little girl, and also the trust of his entire family. We learned the abuse began about three years before she told her mother, and finally someone put a stop to it. We thank the jury for their service and are proud they held him accountable for his horrible conduct.”

District Attorney Sonny McAfee also praised the work of the jurors. McAfee said, “These are extremely difficult cases to sit through that evidence, and they are difficult to prosecute. I am proud of the job that Stacy did in prosecuting this case, and I am very happy that these jurors worked as hard as they did to arrive at the verdicts they rendered. I am also very pleased to see Judge Stubbs stack the sentences so Corporon will not begin to serve the 15 year sentence until he has served the 12 year sentence.”

Posted in Press Release

Timothy Foth Sentenced to Multiple Life Sentences for Blanco County Aggravated Robbery, Aggravated Sexual Assault and Aggravated Kidnapping.

January 30, 2018

Blanco—Timothy Wade Foth, 39, last known address of 625 Forest View Dr. Blanco, TX was sentenced by a Blanco County jury to 3 life sentences for Aggravated Sexual Assault plus 99 years for Aggravated Kidnapping along with 50 years and a $10,000 fine for Aggravated Robbery after a 3 day trial in Blanco County.

On the afternoon of August 16, 2016, Blanco County Sherriff’s Deputies responded to the report of an assault that had occurred that day. Upon arrival, deputies discovered an adult female who reported that she had just been released after having been held against her will while being sexually assaulted over several hours.

The victim told deputies that she had been invited into Foth’s residence for some water. Once inside, Foth struck her with an object then began choking her until she passed out. When she awoke she discovered that she had been bound first by duct tape and then later by electrical cords. While bound she was repeatedly sexually assaulted by Foth. During the assaults, Foth took money from her purse and jewelry that she was wearing.

After an extensive investigation by the Blanco County Sheriff’s Department, evidence of the crime was recovered including items used to bind the victim during the assault. Analyst with the Texas Department of Public Safety Crime Laboratory in Austin, Texas also discovered DNA linking Foth to the crime.

After the trial, prosecuted by the 33^rd & 424^th Judicial District Attorney’s Office, the Blanco jury returned a guilty verdict along with the prison sentences.

33^rd District Judge Allan Garrett ordered that one of the life sentences be served after the 50 year sentence is completed followed by a life sentence after that. The rest of the sentences would be served with the last life sentence.

District Attorney Sonny McAfee said, “I am extremely pleased with the verdict rendered by the jury, and Judge Garrett’s stacking order which requires the defendant to serve sentences one after another. There is no greater sense of justice than stopping a dangerous sexual predator like this one, and it was a great cooperative effort between law enforcement at various levels to obtain this justice. I am very proud of my First Assistant District Attorney, Perry Thomas, and Assistant District Attorney Erin Toolan. I think Perry did a terrific job with Erin’s help in getting the facts to the jury in a fashion that truly aided the jury’s decision. Through these sentences, this predator should never see the light of day outside of prison.”

Posted in Press Release

Jamie Petronella Sentenced to 30 Years in Prison for the Offense of Injury to a Child Involving the Death of 15 Month old

Jamie Petronella, 24, last known address of 525 Jones Ave. in Blanco, TX was sentenced to 30 in Prison for the offense of Injury to a Child resulting in death for failing to seek medical attention for injuries received by a child that ultimately resulted in death. Petronella entered a plea of guilty on Wednesday May 17, 2017 in the 33^rd District Court Judge Allan Garrett presiding, for her omission to seek medical help for her 15 month old daughter Sunny Bort. John Lawrence had previously pled guilty to the offense of Capital Murder of a Child for his part in the death and was sentenced to Life in Prison without the possibility of parole.

On May 3, 2016 Blanco police officers responded to a Blanco apartment after Petronella reported her child was not breathing. Officers found Sunny Bort on the living room floor unresponsive. The child was transported to University Medical Center in San Antonio where she later died.

Emergency responders noticed bruising and other injuries on the child. The child’s mother, Jamie Petronella, blamed the injuries on the actions of another child in the apartment. The Blanco Police Department and the 33^rd & 424^th Judicial District Attorney’s Office immediately called the Texas Rangers to assist in the investigation.

After an extensive investigation by law enforcement, Petronella was indicted for the offense of Injury to a Child for failing to seek medical attention for the child which ultimately resulted in the child’s death. Lawrence, who lived with Petronella, entered a guilty plea Capital Murder of a Child younger than 10 years of age for intentionally causing the death of Sunny Bort. During interviews with Lawrence, he took sole responsibility for the injuries and stated he caused the injuries while Petronella was at work.

33^rd & 424^th Judicial District Attorney Wiley B. “Sonny” McAfee stated “although Petronella did not cause the injuries to Sunny as revealed by the investigation, as a mother, if she didn’t protect her child from Lawrence, she should have at least tried to get help as quickly as she could and she failed. I am glad we were able to reach a disposition in which we did not have to put any of her other children through the trauma of a trial.”