SAN ANGELO, TX – Convicted felon Dusty Thompson has filed a motion with the district court for a new trial following his conviction on third degree felony theft of livestock. Thompson was convicted unanimously by a jury and sentenced on Nov. 21, 2019 of stealing three cows.
Thompson was sentenced to five years in prison but the jury suspended the sentence and the judge placed him on probation for five years.
Thompson blames the jury for engaging in misconduct.
According to the motion, "The jury in this case engaged in such misconduct that the defendant did not receive a fair and impartial trial."
Thompson's motion goes on to allege, "The jury engaged in misconduct in that at least three jurors failed to follow the court's instruction to refrain from viewing social media and at least one juror viewed a media sight (sic) which discussed the ongoing trial."
In an affidavit filed with the motion, private investigator Katie Long says she interviewed the jurors and found that one stated she accessed Facebook during trial week. The juror stated, "She did not read any news articles or social media posts about the trial during trial week. (The juror) stated post-trial, the Facebook post she saw regarding the trial resulted in her visiting the San Angelo Live website to research the matter further."
Long went on to say, "I did not attend the State of Texas v. Dusty Thompson trial nor have I read the transcript of the trial. I cannot comment on the judge's instructions regarding accessing social media during the trial."
Thompson's attorney Gonzalo Rios filed the motion for a new trial and a motion in arrest of judgment on Monday, Dec. 23.
Thompson in the filing says the jury got it wrong; "...Defendant says the evidence admitted at trial was legally and factually insufficient to support the verdict of guilt returned and that verdict should be set aside."
According to the filing, District Judge Carmen Dusek has until Feb. 4, 2020 to hold a hearing on the motion for a new trial.
To read complete coverage of the trial go to the following stories:
Comments
What a flipping crybaby! Maybe someone should call a whaaaambulance! He’s entitled to an appeal & if the jury messed up, he’s entitled to a new trial. I’m quite certain he will be convicted once again. The probation department should give him a pacifier whenever he reports.
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