Please speak out against this outrageous move by Patrick Wilson, for the sake of my children and others out there that he WILL victimize. How can this happen years after a guilty plea??
Comments, please, petition, write your congressman, this is outrageous!!!
and GLEN JACKSON
The Ellis County Press
WAXAHACHIE – Angel DeJesus Hernandez was alleged to have raped a child.
He plead guilty in 2005 and was given a probation sentence of five years and ordered to pay $1,000 in restitution.
One of the terms of his deal with County Attorney Joe Grubbs’ office was he would have to register as a sex offender if he violated any terms of his sentence. (under deferred adjudication, alleged suspects are not required to register).
Hernandez, according to court documents in the Ellis County District Clerk’s office, committed another act of sexual assault of a child in July of 2006.
This time, the sexual assault charge resulted in another two-year probation sentence with no fine.
Other cases The Ellis County Press has researched include the more recent James Leonard file. The Waxahachie lawyer was placed on 10 years probation for allegedly molesting two girls under the age of 14, according to court records. He has since fled the country to Central America, according to investigators with the Ellis County Sheriff’s Office.
A warrant has since been issued for his arrest. Leonard was placed on probation several days after 40th District Court Judge Gene Knize won a re-nomination battle in the 2006 Republican primary over Midlothian attorney Dan Altman.
Other cases The Ellis County Press has reviewed:
Cause No. 30278CR – Renee June Deguizman
Court records state, ‘�forced sexual organ of �Logan’ (under 17 yoa) to contact and penetrate mouth of defendant. Five years jail and no fine. Plead guilty.’
Cause No. 29502CR – Brian Keith Martin Jr.
Documents state Martin ‘raped �J.D.’ a child under 17 yoa, plead guilty, two years [jail] and no fine.’ Defense attorney Cindy Ermatinger had Martin credited for 91 days off his jail sentence.
Cause No. 30390CR – Ronnie Lynn Cummings Jr.
‘Rape, child under 14 yoa, with penis and vibrator, sodomizing, forced oral sex on her, 40 years each count.’
The prosecutors dismissed the charges of oral sex and assault due to Cummings maintaining his innocence, according to court documents.
Assistant prosecutor Patrick M. Wilson signed the court documents allowing for the dismissal of the case. Defense attorney Cindy Ermatinger filed a writ of habeas corpus, stating the bond of $100,000 was ‘excessive.’
This is not a good thing, this man will re-offend, I’m willing to place my soul on that … OUR CHILDREN WON’T BE SAFE. So my question is what, if anything, does it change for his sentence?!
How do the on-record victims that each of these pedophiles were convicted for, feel about this?
How can this happen after he plead guilty?
Anyone know these answers?
Cause No. 31362CR – James Cotter
‘Rape of a child under 14 yoa, plead guilty, five years in jail, credited 183 days.’
Cause No. 30830CR – Joe Rudy Ramos Jr.
Court documents state Ramos Jr. ‘forced �C.F.’ (child under 14) to place her genitals in his mouth.’ Ramos attempted suicide on July 11, 2006 and as a result, prosecutors dismissed the case. Ramos rejected a plea bargain of 10 years deferred adjudication. A trial date had been scheduled for Jan. 9, 2007, but ‘due to vacation plans the state has not had time to adequately prepare child witnesses.’
Cause No. 31045CR – James Edwards
Judgment was entered on Nov. 3, 2006 in Knize’s 40th District courtroom for allegations of aggravated sexual assault of a child, according to court documents. The offense allegedly occurred on Dec. 31, 2004.
Edwards plead guilty and in exchange, he received 10 years deferred adjudication, paid a $2,000 fine and was ordered to perform 720 hours of community service. Edwards, according to the documents, served 149 days in jail and went through sex offender treatment.
Lindy Tober, one of Grubbs’ assistant prosecutors, stated ‘it was in child’s best interest for Edwards to be on deferred adjudication.’
Court documents also reveal the victim was a foster child and that he ‘placed finger in anus of [victim under 14].’
(here’s the original article from his conviction)
By JOANN LIVINGSTON Daily Light Managing Editor
Ronnie Lynn Cummings entered into a plea agreement with prosecutors, accepting a 40-year prison sentence on each of four counts of aggravated sexual assault of a child, which is a first-degree felony carrying a potential sentence of from five to 99 years or life.
Cummings has been in custody since his arrest in late January in Florida, where he had fled to avoid a warrant issued by the Waxahachie Police Department for his arrest. Through a cooperative effort with authorities in that state, he was located and taken into custody and subsequently returned to Ellis County.
All sentences will be served concurrently, and Cummings, 39, must serve at least half of the 40-year sentence before he is eligible for parole. As part of the plea agreement with prosecutors, Cummings has waived his right of appeal.
“A minimum of 20 years has to pass before the parole board will even blow the dust off of the file, and it certainly doesn’t mean he will get parole on that date,” assistant district attorney Patrick Wilson said. “Eligibility for parole doesn’t mean entitlement. With the climate that is in this country now, I don’t believe anyone is eager to give parole to a convicted sex offender, especially someone like Ronnie Cummings.”
“She did not want the child to testify if that could be avoided,” he said.
The case came to light in December when the victim made an outcry, with the Waxahachie Police Department working as part of a multi-disciplinary team with the Gingerbread House children’s advocacy center.
“Waxahachie PD contacted us and we were able to work together as a team to get all of the questions answered and to gather evidence,” said Teresa Evans, the Gingerbread House’s forensic interviewer. “Everything happened the way it should. It was a good interview, and everybody on the team did their part in getting the information that the district attorney’s office needed to be able to prosecute the case.”
Evans noted that the child would not have to go through the process of testifying in court as a result of the plea agreement.
“We don’t want these children to have to testify and relive the abuse all over again,” she said, saying that the Gingerbread House has provided a referral for counseling for the child.
With the center’s capital campaign for its own building more than halfway toward its goal, Evans said she is looking forward to additional services being offered to the child victims of sexual and/or serious physical abuse.
“With our new building, we will be able to expand our services, such as the follow up of cases and documentation, as well as offering court preparation for the children, if need be,” she said. “We’re working on all of this now, putting into place stepping stones so that when we do have more room, everything will be easy to implement.”
Benton pleads guilty to additional charges
Former youth minister Kip Benton, who has previously been convicted of aggravated sexual assault of a disabled person, pleaded guilty on Friday to three counts of indecency with a child relating to two additional cases involving two additional victims.
“One victim had two counts. One victim had one,” Wilson said. “(Benton) received 20-year sentences on all three counts. These sentences will run concurrent with the sentence he received at trial about two months ago.”
An Ellis County jury found Benton guilty in April of two counts of aggravated sexual assault of a disabled person, a first-degree felony, carrying a possible sentence of from five to 99 years or life. Without a prior felony conviction, Benton was eligible for probation; however, the jury assessed a 60-year sentence on each of the two counts, which were subsequently ordered by the court to be served consecutively.
Benton has to serve at least 30 years before he is eligible for parole on the first count. If granted parole on the first count, he would not be released but would begin serving the 60 years assessed on the second count, of which he would have to serve at least 30 years before becoming eligible for parole.
“In effect, he received a 120-year sentence at trial,” Wilson said. “These 20-year sentences will run concurrently with those.”
Wilson noted that he expects Benton to file an appeal on the trial verdict and, in the event the appellate court overturns that verdict, the charges agreed to under the plea agreement will keep Benton in prison as that matter is addressed. These new sentences agreed to by Benton cannot be appealed, however. Benton waived his right to appeal as part of the plea agreement with prosecutors.
“The defendant is not going anywhere,” Wilson said.
Also as part of the plea agreement, the remaining charges against Benton have been dismissed.
“The incentive to drop the other charges is that he won’t be sitting indefinitely in the county jail at our taxpayer expense serving his prison sentence,” Wilson said, saying Benton can now be transferred to the Texas Department of Criminal Justice to serve his sentence.