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By PHILLIP WILIAMS
115th District Judge Dean Fowler sentenced 14 defendants on felony charges, and five for misdemeanor offenses, between Oct. 11 and Oct. 27, said Upshur County District Attorney Billy Byrd’s office.
Unless otherwise noted, all pleaded guilty or, in cases in which probation was revoked, admitted violating terms of it.
Details of the felony guilty pleas were as follows, Byrd’s office said:
Gerald Gibbs Duhon, 73, of Gilmer, drew 20-year prison terms Oct. 12 on each of three counts of indecency with a child after pleading guilty. Count two will run consecutively with count one, and count three will run concurrently with count two.
Emery Meagan McDivitt, 33, of Big Sandy, received two consecutive 20-year prison terms Oct. 11, one for burglary of a habitation and one for possession of controlled substance (methamphetamine) with intent to deliver, in an amount of one gram or more but less than four grams.
She also was assessed court costs, fine and an attorney’s fee.
The Upshur County Sheriff’s Office investigated both the Feb. 11 burglary and March 17 drug offense. Assistant District Attorney Barry Clark Wallace represented the state at sentencing while Marshall attorney George Valton Jones represented McDivitt.
Lane Wilson Brown, 65, of Longview, received four years in prison Oct. 12 for driving while intoxicated, subsequent offense.
The Texas Department of Public Safety investigated his March 19 crime. He was also assessed court costs.
Byrd represented the state at sentencing. Gilmer attorney Brandon Winn represented Brown.
Christopher Isaiah Williams, 23, of Gilmer, was placed on five years “deferred adjudication” probation Oct. 25 for burglary of habitation.
“Deferred adjudication” means no final conviction appears on a defendant’s record if he/she successfully completes probation. If such probation is revoked, however, the defendant can receive up to the maximum sentence for the offense.
The sheriff’s office probed Williams’ Aug. 13, 2020 offense. Like the other five felony defendants placed on probation, some terms of his probation include paying court costs and a fine, and performing hours of community work service.
Some other terms of Williams’ probation include paying a fee to Crimestoppers, training in “life skills,” paying an attorney fee, training in anger management, an alcohol/drug evaluation and having no contact with his victim.
Byrd and Winn handled the sentencing.
Bobbie Renee Wagner, 40, of Gilmer, drew 60 days in county jail Oct. 25 for attempted possession of controlled substance, one gram or more, but less than four grams of methamphetamine.
Gilmer police probed the Jan. 9, 2019 offense. Wagner was also ordered to pay a fine, court costs and an attorney fee.
Wallace represented the state at sentencing. Longview attorney Craig Bass represented Wagner.
Justin Cole Maxwell, 40, of Big Sandy, received four years in prison Oct. 25 for injury to an elderly individual. The sheriff’s office investigated the Feb. 11 crime.
Maxwell was also assessed court costs. Byrd represented the state at sentencing, while Tyler/Longview attorney Jason Parrish represented Maxwell.
Kristin Brooke Nolan, 32, of Gilmer, received one year in state jail Oct. 26 for abandoning or endangering a child. She was also assessed court costs, a Crimestoppers fee and an attorney’s fee.
The sheriff’s office probed her March 12, 2020 offense. Wallace represented the prosecution at sentencing, while Marshall attorney Brendan Roth represented Nolan.
Barbara Carithers Huff, 59, of Pittsburg, was placed on two years deferred adjudication Oct. 26 for fraudulent use or possession of identifying information.
The sheriff’s office investigated her Dec. 11, 2018 crime. She was assessed restitution payable to the victim.
Wallace represented the state at sentencing. Attorney Bart Craytor represented Huff.
John Paul Griffith, 36, of Gilmer, was placed on four years regular probation of a two-year state jail term Oct. 26 for theft of property (of) less than $2,500 with two or more previous convictions.
The sheriff’s office probed the Aug. 2, 2019 offense. Griffith was also assessed a Crimestoppers fee, attorney fee, and restitution payable to his victim.
Wallace and Winn handled the case.
Jerry Lynn Moore III, 19, of Longview, was placed on five years deferred adjudication Oct. 27 for deadly conduct. He was also assessed a Crimestoppers fee and ordered to undergo an alcohol/drug evaluation and training in life skills.
Gilmer police investigated his May 11, 2020 crime. Byrd represented the state at sentencing; Gilmer attorney Matthew Patton represented Moore.
Julia Glenn Smith, 50, of Big Sandy, was placed on eight years deferred adjudication Oct. 27 for possession of controlled substance, methamphetamine, less than one gram.
Big Sandy police probed the Dec. 21, 2019 offense.
Smith was assessed a Crimestoppers fee, attorney fee, and a fee for the Texas Department of Public Safety’s laboratory testing the drug in the case. She was also ordered to undergo an alcohol/drug evaluation and drug offender counseling.
Wallace and Patton handled the sentencing.
Roderick Lashaun Benton Jr., 24, of Brownsboro, received 10 years deferred adjudication Oct. 27 for assault/family violence, occlusion. Big Sandy police probed the May 10, 2019 offense.
Benton was assessed an attorney fee, Crimestoppers fee, and ordered to perform community work service hours. Northcutt and Patton handled the sentencing.
Details of felony probation revocations were as follows, Byrd’s office said:
Ericka Renee Holt, 36, of Quitman received 15 years in state jail Oct. 26 for possession of a controlled substance–less than one gram of methamphetamine. She admitted violating terms of probation for the Oct. 31, 2017 crime investigated by Gilmer police.
Assistant District Attorney Michael Northcutt Jr. represented the state in the revocation. Roth represented Holt.
In a case where the defendant pleaded “not true” to the charge he had violated terms, James Austin Garrison, 37, of Big Sandy, received 10 years in prison Oct. 26 for assault/family violence with previous convictions.
Big Sandy police investigated the July 11, 2016 crime. Northcutt and Roth handled the revocation proceeding.
Details of the misdemeanor cases, in which all defendants pleaded guilty, were as follows, said Byrd’s office:
A 65-year-old Gladewater man received one year “deferred adjudication” Oct. 27 for possession of controlled substance, less than one gram of methamphetamine.
A 24-year-old Karnack woman was placed on one year deferred adjudication Oct. 11 for theft of firearm.
A 37-year-old Longview man received 90 days in county jail Oct. 6 for forgery.
A 22-year-old Gilmer man was placed on one year deferred adjudication Oct. 27 for possession of marijuana.
A 37-year-old Big Sandy man drew two years deferred adjudication Oct. 27 for assault/family violence.