San Angelo Man Gets Hefty Prison Sentence Just Prior to Completing Deferred Adjudication

SAN ANGELO, TX — A San Angelo man was sentenced to prison Monday for indecency with a child by sexual contact after spending nearly six years on deferred adjudication probation. He was originally sentenced to six years in 2012, so his conviction comes near the end of his deferred adjudication probation. He was placed on probation in Feb. 2012. The probation officer filed to revoke his probation in Oct. 2017, less than four months before completion and the charges disposed.

The hearing on the motion to revoke probation was held yesterday, Oct. 29, 2018. 

The District Attorney’s office filed the motion to revoke 36-year-old Paul Wayne Englert’s probation alleging he violated the terms set by the court in Feb. 2012.  The motion to revoke contained 14 paragraphs of violations including failure to pay fees on time, missed meetings with his therapist and admitting to viewing lewd images and having internet access.  

Englert pleaded true to violating his probation and there was no plea bargain offered.  District Judge Ben Woodward accepted Englert’s plea of true and promptly found him guilty of indecency with a child by sexual contact.  That paved the way for punishment before the judge. Assistant District Attorney Sara Reyes called four witnesses Monday afternoon to testify against Englert.  

The first witness for the prosecution Doug Sutton who interviewed Englert in 2017 as part of his probation.  In that interview, Englert admitted to finding nude photos of women and children as young as nine years old in a storage unit.  He also admitted to fantasizing about the victim he molested. Englert also admitted he had internet access using his wife’s phone.  

The second witness was therapist Mark Walters who held weekly meetings for sex offenders and met with Englert once a week.  Walters testified he was surprised Englert admitted to the violations and recommended Englert continue on probation so he could continue with treatment.  Walters testified he rarely had a client who doesn’t break the rules.

Next to testify for the prosecution was Englert’s probation officer Maggie Smith.  She testified Englert spent seven days in jail for breaking the rules in 2012. Smith said Englert admitted in group therapy that he and his girlfriend argued and that it was a probation violation to be around her because she was a convicted felon.  They later married in jail.

The final witness for the prosecution was the victim’s father.  The victim’s mother was also in the courtroom. The victim’s father testified that his son has antisocial behavior and has trouble in school ever since the crime occurred.  The victim’s father testified that he was in prison at the time of the incident.

The state rested its case and defense attorney Andrew Graves called his first witness.

The first witness for the defense was Englert’s mother-in-law who testified he was a stand up guy and he took care of his special needs brother.  She also testified that her daughter, Englert’s wife, was in a drug treatment facility but he provided for her and he was always there for her. She told the court that she thought Englert would benefit from continued probation.  

Graves then called Englert to the stand to testify in his own defense.  Englert told Judge Woodward he was asking for a second chance on probation and he admitted he violated the terms of his probation.  “I’ve learned I need to control my deviant behavior.” Englert told the court.

In closing arguments Graves asked that Englert be placed probation because he has a steady job and he takes care of his wife and special needs bother. 

Reyes said Englert had five years to correct his deviant behavior and was still violating probation.

Judge Woodward recessed the proceedings following final arguments.  When he reopened the trial, Woodward said that he found that Englert violated his probation and revoked his deferred adjudication.  He then found Englert guilty of indecency with a child by sexual contact and sentenced him to 12 years in prison and ordered him to pay court costs.  Woodward said this was a difficult case and not an easy decision to make.

Englert was taken into custody in the courtroom and taken across the street to the jail to begin his sentence.