Freestonecountytimes080515

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Freestone County

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Indictments (Page 2-A)

Libary Honors Volunteers (Page 1-C)

Independent News That Matters

Seventy-five cents

Vol. 14 No. 31

PUBLISHED IN THE FREESTONE COUNTY SEAT, FAIRFIELD, TEXAS

Wednesday, August 5, 2015

Thibodeaux Appeals Denied 10th Court of Appeals Affirms Trial Court’s Judgement A nthony Lynn Thibodeaux lost his bid for a new trial, as ruled by the 10th Court of Appeals (Court) on July 30, 2015. Mr. Thibodeaux was contesting the guilty verdicts of one count of sexual assault of a child and two counts of indecency with a child, handed down by a jury in December 2013 in Freestone County (trial court). In overruling issues one and two - Charge Error, the court found that, although charge errors did exist, they

could not conclude that these affected the basis of the cases. Thibodeaux’s appeal had indicated that the incorrect use of intentionally and knowingly were used when giving the charge to the jury, as well as whether the offenses were results oriented or conduct oriented. Thibodeaux had asserted that these errors likely caused the jury to be confused. Although the trial court used the words incorrectly, the prosecutor later correctly

informed the jury, the Court determined. The Court also declared that there was no indication that the jury was confused. In the third issue, Limiting Instruction, the trial court did not err, in failing to give a more restrictive charge instruction, was the ruling by the Court. Thibodeaux stated the trial court did not go far enough to limit extraneous evidence found on his computer to the jury. He said it was too broad and should have been more

restrictive. However, the Court said the limiting instruction given in the charge was the same limiting instruction given to the jury when the evidence was admitted. In Brady, the fourth issue, Thibodeaux asserts that the trial court abused it’s discretion in denying his motion for a new trial based on a Brady violation. The State had failed to disclose that it possessed Thibodeaux’s cell phone records. Since Mr. Thibodeaux was

already aware of his own cell phone texts and calls, as ascertained in the brief, the Court ruled that Brady does not apply. Appellant attorney has indicated that he will study the 8 page opinion of the Court to determine if they should pursue a petition for discretionary review with court of criminal appeals in Austin. Responding to the decision,

-Appeal DeniedPage 3-A

Local Rancher Takes Plea “G

2013 when this incident came to light, Farish had taken payment for at least 55 head of cattle from Forte, but never delivered them and charged thousands of dollars to feed and care for the non-existent animals. The restitution is to be paid in increments of $3,750 annually, with the first payment to begin July 30, 2016. The 10 year probation period stipulates that Farish is to report to a probation officer once a month and pay a fee of $55.00 each time. At the end of sentence period, and with no more criminal incidents, Mr. Farish’s record of this crime will be sealed, according to Judge Patrick Simmons. Mr. Farish could have received up to 10 years in prison and

BTW/JAB Reunion

August 7th - 8th Parade, Picnic, Basketball (See page 2-B for details)

Inside Four Sections Classifieds...........Pages 3 & 4-D Viewpoints.................Page 4-B Oil & Gas...................Page 4-A Obituaries..................Page 2-B Real Estate.................Page 3-D

L

WE FINANCE!

Enjoy Indoor & Outdoor Shopping at the historic W.L. Moody Reunion Grounds 839 E. Hwy. 84, Fairfield

Limited Vendors: Fri. 12 p.m. - 5:00 p.m. ALL Vendors Open: Sat. 9:00 a.m. - 6:00 p.m. Sun. 9:00 a.m. - 4:00 p.m.

Teague Store Robbed at Gunpoint, Suspect Still at Large

I

required to pay $10,000 fine. Judge Simmons indicated that he may still be subject to the harsher sentence, should he not comply with the terms of the plea bargain.

Mr. Farish was represented by Bill Youngkin, out of Bryan, Texas. Jury selection had been set to begin on Monday, August 3, 2015 with 12 State’s

witnesses summoned to testify, including Chris Forte and Jimmy Dickson. Mary McDonald reporting. _________________

3D Model of Crime Scene in Development

awson Abram, the third of the trio accused in the Capital Murder of Teague citizen, Douglas Hurst, on May 9, 2015, appeared in Judge Patrick Simmons’ 77th Court, and through his attorney, Steve Keathley, made several petitions to the Court. First, Mr. Keathley requested that Mr. Abram and he be allowed to view the alleged crime scene, for such things as the placement of doors,

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10 Years Deferred Adjudication in Cattle Theft Scheme ood luck to you,” Judge Patrick Simmons of the 77th District Court told Jackie Lynn Farish on Thursday, July 30, 2015. Moments earlier, Judge Simmons had sentenced the 70-year-old rancher of Freestone County to 10 years deferred adjudication for theft of more than $20,000 but less than $100,000, ordered him make restitution to the victim, and pay court costs of $343, as per an agreed upon plea bargain for the 3rd degree felony. According to Farish’s confession, on January 27, 2012 and, again on March 26, 2012, he took money that, in total equaled $34.439.38, from Chris Forte without his consent. As reported by TSCRA Special Ranger Jimmy Dickson in

Fairfield

Welcome to a New Year of

to do measurements, and view blood splatters that Mr. Keathley said was ‘paramount’ to his case. District Attorney Christopher Martin said a 3-D model was being developed that would, when viewed, essentially, allow Mr. Keathey and Mr. Abram the same advantages as being at the scene. Mr. Keathley agreed that they would view the model, before going forward with

the request to come onto the alleged crime scene property. Secondly, Mr. Keathley asked that he be allowed to secure an investigator to assist with the case. Judge Simmons approved hiring an investigator at $500/ hr, up to $2,500. After that amount has been expended, Mr. Keathley will need to request more from Judge Simmons, should he require additional investigation time.

Third, Mr. Keathley made a formal motion for discovery. DA Martin said that evidence will be furnished as these are made available. Fourth, Mr. Abram was requesting a bail reduction. His bail was initially set at $1 million, as was the other two co-defendants, O’Jarion McClenon and Amber Halford.

-Capital Murder-

n Teague, the CEFCO Convenience Store was the target of armed robbery in the early morning hours of Friday, July 24, 2015. According to reports, the assailant was wearing several layers of clothing and a mask. However, it is believed that the attacker is male. Allegedly, he brandished a handgun during the robbery, fleeing on foot with $150. Chief of Police Dennis Cox reported Monday, August 3rd that the investigation is still ongoing, and that surveillance tapes from the convenience store are being reviewed for clues to the robber’s identity. Anyone with any information regarding this crime is encouraged to contact the Teague Police Department at 254-739-2553.

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Freestonecountytimes080515 by Karen Leidy - Issuu