Man sentenced to nine years for sexual assault
Jan 27, 2013 | 1400 views | 0 0 comments | 2 2 recommendations | email to a friend | print
A man who was sentenced to two concurrent 9-year terms for sexual assault of a child, a second-degree felony, was among 13 felony guilty pleas heard in 115th District Court in Gilmer between Jan. 7 and 18.

There were also two felony revocations of probation, and one misdemeanor guilty plea. Ten individuals were involved in the felony guilty pleas.

Bradley William Wood, 20, of Gilmer received the sentences in the sexual assault cases last Friday, Jan. 18. Upshur County District Attorney Billy Byrd was prosecutor, and Dwight Brannon was defense attorney.

Other felony guilty pleas included:

Felony guilty pleas, and their disposition, included:

• Emery Meagan McDivitt, 24, Big Sandy, driving while intoxicated with a child passenger, a state jail felony. She received a year in the Upshur County Jail. Byrd was prosecutor, and Edward Choy was defense attorney.

• Caressa Pearson, 24, Gilmer, credit card abuse, a state jail felony. She received five years deferred adjudication probation. She was also fined $1,500, ordered to do 400 hours of community service, and ordered to pay $648 in restitution to her victim, as well as ordered to meet other probation terms. Byrd was prosecutor, and Joe Newsom was defense attorney.

• Darrious DeJuan Brooks, 19, Gilmer, cruelty to non-livestock animals, a state jail felony. He received a year in a state jail. Assistant District Attorney Camille Henson was prosecutor, and Tim Cone was defense attorney.

• Jimmy Dale Allen, 19, Big Sandy, theft of property worth $1,500 or more, but less than $20,000, a state jail felony. He received 18 months in a state jail. He also was sentenced to 18 months for stealing a firearm, with the sentences to run concurrently. Assistant District Attorney Natalie Miller was prosecutor, and Scott Novy was defense attorney.

• Garret Tyler Porras, 17, Gilmer, possession of heroin-a controlled substance, a state jail felony. He received three years deferred adjudication, and was ordered to do 300 hours of community service and meet other standards of probation. Byrd prosecuted the case, and Roger Wood was defense attorney.

• Donald Lee Binda, 34, Gilmer, aggravated assault causing serious bodily injury, a second-degree felony. He received five years deferred adjudication probation. Among probation terms is paying a $1,000 fine and doing 300 hours of community service. He also will pay restitution yet to be determined, and must participate in an anger intervention program. Assistant District Attorney Rebecca Ojeman was prosecutor, and Cone was defense attorney.

• Michael Richard Dube, 20, Gilmer, aggravated assault with a deadly weapon, a second-degree felony. He received eight years deferred adjudication probation. Probation terms also included a $1,000 fine and performing 400 hours of community service. Dube also must have no contact with his victim. Byrd was prosecutor, and Cone was defense attorney.

• Rocky Joe Hogue, 30, Big Sandy, driving while intoxicated with a child passenger, a state jail felony, and driving while intoxicated with a child passenger, a second-degree felony. He received two years in a state jail, probated for five years.

Hogue was also fined $2,000, ordered to do 400 hours of community service, spend 30 days in the county jail on weekends. He must also use a Guardian Interlock device on his vehicle for half the probation time.

Ms. Miller prosecuted the case, and Newsom was defense attorney.

• Noel Lee Lewis, 35, Gilmer, criminal mischief, a state jail felony. He received five years deferred adjudication probation.

He must pay $3,982 in restitution, and pay a $1,000 fine. Lewis must also do 400 hours of community service, write a letter of apology to the victim, and attend anger management classes.

Ms. Miller was prosecutor, and Brannon was defense attorney.

Motions to revoke, and the sentence meted out by District Judge Lauren Parish, included:

• Shakaria Burt, 25, Long-view, prohibited substances in a correctional facility, a third-degree felony. She received six years in prison.

Assistant Upshur County District Attorney Natalie Miller prosecuted the case, and Barry Wallace was defense attorney.

• Keith Noel Chapman, 31, Ore City, burglary of a habitation, a state jail felony. He received 18 months in a state jail. District Attorney Billy Byrd prosecuted the case, and Dwight Brannon was defense attorney.

The misdemeanor guilty plea involved an 18-year-old Longview woman who attempted to commit credit card abuse. She received a year’s deferred adjudication probation, and must pay $100 in restitution, stay in school and get a diploma, attend theft classes, and do 60 hours of community service. Byrd was prosecutor and O.W. “Buddy” Loyd was defense attorney.
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