SAN ANGELO, TX -- 20-year-old Austin Ray Carpenter took the stand in his own defense Wednesday in a felony motion to revoke hearing.
Prosecuting attorneys presented evidence that Carpenter violated his probation 13 times in 10 months and was even arrested twice. Carpenter was given deferred adjudication in November 2016 after taking a plea deal for a charge of aggravated assault with a deadly weapon.
Evidence admitted in court showed Carpenter is listed a member of the Latin Kings gang which is known for drug delivery and sales and human trafficking nationwide and in San Angelo.
Carpenter’s original charge stemmed from a 2015 assault at the Econolodge in the 400 block of west Beauregard. According to evidence presented at trial, Carpenter and Daniel Cuellar were accused of assaulting Justin McCarthy and robbing him of methamphetamine. Video surveillance showed Cuellar put a gun to the back of McCarthy’s head and pulling the trigger.
Carpenter pled guilty to aggravated assault with a deadly weapon and was given deferred adjudication probation.
Carpenter took the stand and denied he had a gun at anytime during the incident. Prosecutors and police had alleged he had a facebook page and frequently posted gang signs and photos about being released from jail and being back out on the streets. Carpenter denied the facebook page was his and Judge Jones refused to allow the social media into evidence.
Jones said formal sentencing is set for Friday, September 15 at 11 a.m.
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To the Honorable Yantis Green,
I am Rudy Taylor, Attorney, and Austin is my client. I vigorously defended him in the Revocation Hearing where he was sentenced to 13 years in prison for relapsing on meth. Austin should have been offered services for addiction; not prison.
Prosecutors offered him 7 years deferred adjudication probation for the underlying case, an Aggravated Assault with Deadly Weapon case where a gun was fired. Why? Because they knew they couldn't get a conviction. The so-called victim in that case was arrested for meth and public intoxication the very night of the offense. The only evidence linking Austin to the gun in any way was a female meth addict who later recanted her statement. We, us, they, them, have got to come up with a better plan for drug use in this country. The war on drugs hoax was exposed years ago. Our own conservative legislators had great vision when they created the SAFP Program in Texas. It has the potential for lowering the recidivism rate from 29% to 68% according to Executive Director Tony Fabelo, Ph.D. The big change occurs when the intervention of Community Supervision Officials and prosecutors takes into account relapse as a normal incident of recovery from meth addiction and SAFP is used rather than a draconian measure such as prison. The absolute highest percentage demographic sent to SAFP? See picture of Austin Carpenter. Aged 20 -29, on deferred probation, drug violation, and no felony convictions. He fit the model perfectly. Judge Jones DID NOT admit the Facebook pictures of Austin into evidence. He sustained my objection. There was no other evidence of gang related activity - they just sort of thought they knew. He had to be, right? Wrong. That is not the state of evidence admissibility in Texas. I admire Judge Brock Jones. He is a very competent district judge and very sharp. But even he gets them wrong sometimes and this is one of them. Austin is going to appeal this sentence and Judge Jones has already certified his right to that appeal. Lastly, there has never been a ruling in a court of law naming Austin as a gang member. *Go Kings* Am I a member now? Thank you for your open forum. Rudy Taylor, sbn.24039498, State of Texas
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