To make an agreement in which a defendant pleads guilty to a lesser charge and the prosecutor in return drops more serious charges.
plea-bargain "Cherokee County Texas style" (n.) :
A deal struck with a court-appointed defense attorney in which a defendant pleads guilty to a more serious charge and the prosecutor offers adjudicated probation.
Rusk, TX:
In 2006 the Cherokee County District Attorney's office offered a plea bargain deal of probation to a Rusk, TX resident after his arrest for molesting a 1-year-old baby girl.
Kenneth Dexter Folmar, age 45, accepted 96 months deferred probation in 2006 for the Felony sexual assault of the female infant. Refer to Cherokee County, TX Criminal Docket case 16209 (2006) State v. Kenneth Dexter Folmar, 2nd Judicial District.
Folmar continues his employment in neighboring Anderson County. The Cherokeean Herald ran the picture of the Rusk, TX registered sex offender Kenneth Folmar in their August 2007 local sex offender update. However, because Kenneth Folmar is related to too many people operating the Rusk, TX courthouse, the actual molestation was never reported by the local media. And of course Elmer Beckworth's plea offer of 8 years probation was not reported either.
The question is why are convicted child molesters in Cherokee County, whose victims are younger than 6 years-old, being put on probation? And their crimes not reported?
Because it is more efficacious for the Cherokee County District Attorney's office and local media to protect the extended family members of the offender from embarrassment than it is to protect the community. Perpetuating the psychotic paranoid small town mentality by covering up the incest.
There are 79 registered sex offenders residing in Cherokee County, Texas according to a 8/15/07 Cherokeean Herald posting. In a 1/24/07 Cherokeean Herald article, the Cherokee County Sheriff's Department released the names of the registered sex offenders living in the county.
As a 'public service,' local Cherokee County newspapers refuse to print the ages of the victims under 16 years-old. Nor the fact that EVERY offender on the local offenders list who was arrested by the Cherokee County Sheriff Department were on superficial probation and their 2nd degree Felony jail sentences suspended by District Attorney Elmer Beckworth- putting the county at risk.
The Cherokeean Herald's policy is not to print the ages of local victms in cases incest, to keep their identities hidden from ostracism and ridicule. In 2003, the Lufkin Daily News was smart enough to print the names and addresses of all registered sexual offenders in the area, including the ages of victims, charges and date of judgment.
The Sheriff Department pretends to be doing the community a service by notifying the public (on a slow news day) of the identity of local child molesters. However, the offer of probation for the violent rape of a small child tells the true story of the criminal justice system operating in Cherokee County Texas. Especially when defendants are related to members of law enforcement, attorneys and clerks employed at the Rusk, Texas courthouse. They want to keep the high incident of East Texas incest under the radar because of their "vested interest in their little communities." So the district attorney gives probation to Kenneth Folmar of Rusk, Texas for sexual assault of a 12 month old. Molesting a defenseless infant must not be that big of a deal for Cherokee County's District Attorney.
Kenneth Dexter Folmar
Similary, Rusk Texas native, dairy hand and registered child molester James Christopher Schlater, age 51, was given deferred adjudication in 2007 after violating a local 6-year-old girl back in 2004. Refer to State v. James Christopher Schlater (2006) Cherokee County, Texas Criminal Docket Case No. 16630.
James Schlater had originally been charged with Felony sexual assault child, according to Cherokee County, Texas Criminal Docket Case No. 15724, State v. James Christopher Schlater (2007). The incident was never reported and of course his picture is not available because Cherokee County has not verified his current sex offense registration.
James Earl Holt, age 52, Jacksonville Texas given 6 years probation in 2007 for the 2003 assault of a 14 year-old girl. Also never reported.
No picture available.
Donald Wayne Thurmon, age 40 from Jacksonville Texas given 10 years probation in 2007 by District Attorney Elmer Beckworth for possessing and distributing child pornography. No need to call the feds in on this one; why waste their time even though it is a federal offense?
Donald Thurman
Manuel Enrique Huerta, age 21, given 10 years probation in 2007 for sexual assault of a 13 year-old Jacksonville Texas girl.
No picture available.
Cody Allen Whiteley, age 22 of Jacksonville, arrested in Cherokee County in 2006 and pled 7 years probation for the sexual assault of a 13 year-old girl.
Cody Whiteley
Bobby Ray Vines, Jr. age 41 from Jacksonville Texas. Given only 4 years probation for the sexual assault of an 11 year-old female in 2001.
Bobby Vines, Jr.
Ollie Ray Grogan, 65 year-old Rusk Texas native given 10 years probation for 2 counts of molestation of a 5 year-old and an 8 year-old.
Ollie Ray Grogan
Dale Joseph Tylich 65 year-old Rusk Texas equestrian given 6 months probation by Cherokee County for sexual contact with a child. 6 Months because he related to just about everybody in town.
Dale J. Tylich
Marin Otis Pitts, age 54, Troup Texas. Arrested by Cherokee County Texas authorities in 1991 and given 10 years probation for 2 counts of sexual assault on a 7 year-old girl.
Martin Pitts
Chenney LaVaughn Carter, age 43 in Troup, Texas. Arrested in 2006 for aggravated sexual assault of a child. The victim was a 15 year-old girl. Elmer Beckworth's office offered Carter 10 YRS DEFERRED ADJUDICATION PROBATION, despite Chenney Carter's local and Smith County priors.
Cheney L. Carter
Joyal Lee Lackey, age 63 Jacksonville Texas, given 10 years probation in 2005 for Indecency and Sexual Assault of a 13 year-old girl.
Joyal "Muggs" Lackey
Robert Michael Lane, age 36, Jacksonville Texas; offered 10 years probation in 1993 for the sexual assault of a 10 year-old girl. Lane was sent to Bootcamp for 90 days according to the DPS registry and the Cherokee County Court Docket records, Case 11818 State v. Robert M. Lane; Felony-Indecency/Sexual Assault of child-Filed 02/11/1992 - Disposition: 04/16/1993 Conviction-guilty plea or nolo cont-no jury, in the 2nd District Court, Cherokee County TX.
Robert Lane
Guadalupe Lora Vera Lara, age 56, given a paltry 5 years probation in 1996 for having sexual contact with 2 Jacksonville Texas girls, one 11 years-old, the other 13 years-old. No picture available.
Patrick Brian Norsworthy age 45, from Jacksonville Texas. Arrested in 1994 for Indecency with an 8 year-old girl. Given 10 years probation in 1999.
Patrick Norsworthy
Kevin Wayne Patton local businessman, age 40 from Jacksonville, Texas. Given 10 years probation for Indecency with a 14 year-old girl. No picture available.
Robby Lee Buffalo , age 35 Jacksonville, Texas was arrested in 1995 by Cherokee County and a 10 year probation deal accepted in 1999 for sexual assault of a local 11 year-old female.
Robby Buffalo
Donnie Wayne Crippen , age 39 Rusk, Texas. Arrested in Cherokee County in 2006 and given 5 years unadjudicated probation by Elmer Beckworth's office for the sexual assault of a 16 year-old female.
Donnie Crippen
Jose Ramon Galan, age 53 Jacksonville, Texas given 10 years probation in 1998 by Cherokee County after molesting a 9 year-old girl.
Nicholas "Nicky" Noel Harwell, age 33 Jacksonville, Texas, given 10 years probation in 2003 by Cherokee County Texas prosecutors for 2 counts of sexual assault on a 12 year-old girl.
"Nicky" Harwell
Kevin Lyn Hawes, age 45 from Jacksonville, Texas. Arrested in 1999 by Cherokee County authorities for sexual assault on a 15 year-old girl. Hawes was offered 10 years probation.
William Lee Hershiser, age 51 Jacksonville, Texas resident given 10 years probation for sexual assault on a local 15 year-old female.
This only scratches the surface of the convicted sex offenders (still residing in-county) arrested by and registered with the Cherokee County Sheriff Department. These are the sex predators registered with the State and given probation as 'punishment' by District Attorney Elmer Beckworth and his predecessors. Plea offers comparable to a slap on the wrist. What about the offenses passed on by the Sheriff Department and Beckworth's office? The ones the public will never know about?
Even if some of these men are innocent, the District Attorney's office prosecuted them under the penal code which is crystal clear on the punishment assessment for Indecency with a Minor.
INDECENCY OR SEXUAL ASSAULT OF A CHILD: An offense under Texas Penal Code Sections 22.011 (Sexual Assault) or 22.021 (Aggravated Sexual Assault) where the victim is a child (younger than 17 years), and an offense under 21.11 (Indecency with a Child).
§ 12.33. SECOND DEGREE FELONY PUNISHMENT. (a) An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the institutional division for any term of not more than 20 years or less than 2 years. (b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.
That is why there are no reports of the child molesters' probation in the local Cherokee County papers. Only the fact there are registered sex offenders living in the county. Of course the typical excuse of the Cherokee County District Attorney's office et al is that the law would not allow jail time for a 2nd degree Felony. If you're stupid enough to believe it, print it and repeat it. The Texas Penal Code and Constitution do not tie the hands of state prosecutors, only those of the patently corrupt.
The remainder of current registered sex offenders given probation without jail time in Cherokee County Texas:
- Roy Joe Bailey, age 65, Wells TX: arrested in 2007; 10 yrs. probation/ 12 year-old female victim.
- Richard Dean Davis, age 50, Rusk TX: arrested in 1996; 10 yrs. probation/14 year-old female victim.
- J.E. Monroe Martin, age 85, Rusk TX: arrested in 1997; 3 yrs. probation/ 12 year-old female victim.
- Dale Joseph Tylich, age 53, Rusk TX: arrested in 1996; 6 mos. probation/ female victim unknown age.
- Tommy Junior Allen, age 51, Jacksonville TX: arrested in 1991; 10 yrs. probation/ 11 year-old female.
- James Travis Barker, age 25, Jacksonville TX: arrested in 1999; 24 mos. city jail/ 6 year-old female.
- Roger Hunter, age 75, Jacksonville TX: arrested in 1997; 10 yrs. probation/ 14 year-old female.
- James L Wells, age 55 , Jacksonville TX: arrested in 1998; 8 yrs. probation/ 2 counts sexual assault on a 5 year-old and a 6 year-old.
- Gary Michael Morrison, age 51, Alto TX: arrested 1991; 10 yrs. probation/ sexual assault of 12 year-old female.
- Wesley Boyd Mohr, age 63, Bullard TX: arrested by Cherokee Co. in 1997; 10 yrs. probation for sexual assault of 10 year-old girl.
The summary of every one of these registered sexual offenses is readily available on the Texas DPS Sex Offender Registry website and Cherokee County Texas court docket. However, not one of these rapes, molestations or incidents of child pornography has been NOR ever will be reported by the Cherokee County newspapers. Unless the perpetrator was born out of town. Then they'll throw the book at him.
This blog posting covers only a partial list of the registered sex offenders that actually reside in Cherokee County, TX and on probation for Aggravated Sexual Assault of a Child; there is no known count of those child molesters given probation and registered/relocated in other states or counties. Regardless, Elmer Beckworth's and the Cherokee County District Attorney office's pattern of lenient plea bargains going back decades to resident child molesters related to members of the local 'establishment' is crystal clear. They are sheltered and not reported.
A far cry from the more recent sentencing of out-of-towner Gordon Neal Mathis. The former US Army reservist pled guilty in January 2008 to 6 counts of sexual assault of a 12-year-old Rusk, TX girl and on Monday, February 11, 2008 was sentenced to 40 years State time. Mathis had been convicted in federal court and was beginning his 8 years in federal prison for child porn possession. The 2/17/08 Tyler Paper article gives the impression that former the Army reservist Gordon Mathis was "prosecuted" by an Assistant Cherokee County District Attorney, instead of the fact Mathis threw himself at mercy of the district court, claiming post traumatic stress syndrome. And since his offenses were widely reported by the Tyler Paper, the district court got a little busy and decided Adult Probation wasn't appropriate for Mathis' sex crimes. And the Cherokeean Herald quickly dropped their policy of not printing the age of the victim. Gordon Neal Mathis was sentenced on 6 counts of molesting the child for over a two year span.
View the remainder of Cherokee County's bonafide child molesters living in the area on the Texas DPS Sex Offender Registry located at: https://records.txdps.state.tx.us/DPS_WEB/Sor/index.aspx
Do a comparison of sex offenders convicted in other counties by prosecutors following the intent of the law. They put child molesters in prison even for statutory rape.
Athens, Texas: Athens Fire Chief Dan Barnes and Athens Fire Marshall Waylen Padgett were recently placed on admistrative leave and Chief Barnes resigned Monday January 28, 2008 amid an investigation led by the Assistant Fire Chief. The Athens Texas city council has been hush hush regarding the internal affairs review of alleged "allegations."
Longview, Texas: Gregg County Justice of the Peace clerk D. Donna Wallace pled guilty on Wednesday February 13, 2008 to government records tampering. Wallace used an alias to work at the JP office and continue to draw Social Security disability benefits.
Troup, Texas: Dale Lowry and wife Brenda Lowry of Troup, TX were indicted in a Tyler Texas federal grand jury during the first week of February 2008 for allegedly stealing over $28,000 of Social Security disability benefits. The couple had claimed a child as a dependent, even though the child was no longer living with them.
Gregg County, Texas: Sheriff candidate Billy Ray White was sentenced to 6 months deferred probation for falsifying the employment record of one of his employees. White operated a security service; the security guard did not have a firearm license when White hired him.
Jacksonville, Texas: The Jacksonville, TX police department convinced itself from an in-house generated report that racial profiling by its officers was completely imaginary. On Tuesday February 12, 2008, the mayor read the results to the city council that the JPD had ZERO complaints filed regarding discriminating traffic stops and ZERO incidents of racial disparity. Probably because people of ethnic backgrounds and skin coloring are too afraid to drive to the grocery store at night, by fear of being framed, raped or worse.
The city of Jacksonville, Texas is the largest economic center in the county and it is still reeling from the civil suit settlements resulting in the Jacksonville police department starting a race riot at the 2004 Tomato Bowl homecoming game. And for each rape complaint against its decorated patrolman Larry Pugh, sentenced to 17 years in federal prison. When a Cherokee County woman would come forward with an allegation of Pugh raping her, the benign police officer and family man got accommodations by the Jacksonville police department. Until he was caught dragging a complainant into a van by her neck. And despite Officer Pugh facing federal indictment, the County Attorney tried Larry Hinton of Jacksonville, for interfering with Officer Pugh's racial profiling during the 2004 Tomato Bowl riot. But that's "nonexistent."
Jacksonville, Texas: Not only does the Cherokee County Criminal Docket give a peek into the machinations of the district court, the Civil Docket shows the ongoing get rich schemes of relatives planted on Bodily Injury cases. Large companies from out of region foolish enough to set up shop for the cheap local labor are the target of 'slip-and-fall' and other concocted lawsuits.
Two major employers in Jacksonville, Texas, Astro Air- a heating and cooling coil manufacturing plant and Alliance Data- a support tech call center, will be closing their doors permanently in 2008. These firms' relocations will be putting hundreds of locals out of jobs. A sad series of inevitable events for the already destitute county. However, this is probably the first of many wise corporate decisions to vacate the county known for the lack of competitive bidding when it comes to issuing government contracts. And its newspapers not advertising a prescribe method of identifying qualified bidders. The contracts underhandedly going to relatives, even those good ol’ boys with offenses (like those listed above) involving moral turpitude who would otherwise be ineligible to work under any state, county or city job.
For example, city School Board Trustees awarding school renovation projects to their cousin’s construction company. And Billy Bob’s Construction allowing registered sex offenders on the school property to work during class time.
Or instances of county equipment being used as personal property, at the taxpayer’s expense to dig catfish ponds, pave private roads and driveways; including the use of probationers and government employees to work “outside the fence” on private land.
The locals know it’s been going on for decades, but these duped companies’ Board of Directors contemplating doing business in Cherokee County don’t find out until it is too late. The Cherokee County civil docket can attest to the exorbitant amount of lawsuits these remaining companies are facing, and the excessive payouts they are going to pay by summary judgment. There is no such thing as an unbiased juror in a town that small. And they see the flashing dollar signs when a big company makes the mistake of trying to set up an office there. What better way to get a little extra spending money than extorting a company via a bogus lawsuit, with a biased Cherokee County jury chosen before the case is even heard?
For board members of these departing companies, there is no plausible way to estimate the pecuniary damages to the local Cherokee County economy this type of collusion causes. There is no way to compete and/or get a break when the court system is used as a means to wring out their bottom dollar. Certainly these businesses have gotten sick of the Personal Injury suits filed on them; the same cases that backlog the Civil Docket.
Moreover, these corporations’ insurance premiums are bound to have skyrocketed after being targeted by the local ‘slip-and-fall’ con artists. Of course, a sympathetic civil jury related to the victim is readily available for the milking of their profit shares. Cheap labor or not, it is apparently smarter for IT companies and their subsidiaries to avoid the distrustful small town job market. Manufacturing plants owe it to their shareholders to do business where their profit earnings don't line the pockets of East Texas trial lawyers.
Even Cherokee County’s versions of ‘professionals’ are waiting in line to file a claim against these industries. These companies are only attempting to branch into the rural market. However, once the firms set up shop within the county, they can expect to be lambasted with frivolous lawsuits. And they can expect to pay through the nose because everybody wants a piece of the pie. Then these companies venture elsewhere and leave the honest hard working Cherokee County Texas citizen unemployed, bringing the county's economy back to the pre-Reconstruction era. According to the 2000 US Census, Cherokee County Texas has a median income 30% lower than the national average.
The fact is the only economic development Cherokee County Texas has to offer the region is its apparent contribution to the illegal drug trade and prison population. The worst corporate decision a CEO can make is setting an office up in a county whose local government officials have reputations of collusion and conflicts of interests.
