Jury Deliberating Guilt or Innocence in Child Assault Case

SAN ANGELO, TX – Late Wednesday afternoon a Tom Green County jury began deliberating guilt or innocence in the case against Mack A. Porter Jr., a man accused of sexual assault of a child and indecency with a child.

The alleged incident occurred back in May of 2019 when the victim was a fifth-grader at a San Angelo ISD elementary school. (The child will be referred to as Sandy in this article to protect her identity.)

According to the desperate 9-1-1 call Sandy made that day and her subsequent interview at the Hope House, the assault occurred on a Thursday afternoon after she came home from school.

Sandy told authorities that Porter, a man who was a constant presence in her life for several years, and her mother had been drinking when she got home. She described her mom as being constantly drunk and as someone who would sleep for hours and wake up grumpy.

While on the stand, Sandy's mother confirmed she would mix her anti-anxiety and anti-psychotic medication with liquor as she battled a sleeping disorder that she said made it virtually impossible for her to be woken up.

After finding her mother essentially passed out, Sandy told the Hope House advocate she laid down to take a nap and suddenly found Porter straddling her and attempting to put his male sexual organ inside her mouth.

Sandy said she did her best to resist him, knowing no one was around to help her. Her nine-year-old brother was not inside the home when the alleged attack took place.

"My mom is asleep and she's too drunk to hear me," said Sandy during her forensic interview.

During the forensic interview, she described the attack vividly and her attempt to get out of an unsafe situation.

Sandy used great detail to describe Porter's genitalia -- including certain descriptions that were specific to his male organ. While on the stand, Sandy's mother used similar wording when asked if she could describe Porter's genitalia.

In a surprising move for most defendants, Porter took the stand and stated Sandy knew what his genitalia looked like because her mother had a habit of telling everyone about it when she was upset and wanted to "embarrass him."

He would refute most of the statements made by Sandy as he attempted to cast doubt on her explanation of what happened that afternoon. While on the stand he maintained he had never assaulted the child and that Sandy had gone to her grandmother's house because she was upset she was grounded and was not allowed to play outside.

During the interview, Sandy also described gathering her backpack and 9-year-old brother's, and their report cards as she attempted to flee to her grandmother's home. During her interview, she explained she went back for the report cards because they were due the next day and she didn't want to get in trouble at school.

As Sandy attempted to leave the house, she claims Porter grabbed her upper body and attempted to kiss her lips and neck, and would eventually apologize. She would also attempt to wake her mom but she was unable to get her back to consciousness.

Porter was the last witness to take the stand on Wednesday, preceded by Sandy's fourth-grade teacher who was called to testify. The teacher was only asked a couple of questions that the defense said proved Sandy had a problem with telling the truth.

When questioned by District Attorney Allison Palmer as to why his DNA was found on her neck, Porter stated he usually kissed her on the forehead and cheek when she came home from school. He maintained that his DNA may have been on her neck as a result of her moving her face.

Palmer pushed back on that claim stating that the DNA sample collected showed that more than 70% of the sample belonged to him, alluding it must have been a significant amount of saliva for those levels to be present.

Sandy also stated she saw a "white, gooey" substance dripping from the end of the male organ.

According to the prosecution and defense, the clothes for Sandy and Porter were not examined for traces of semen. The main piece of forensic evidence was a DNA sample found on her neck.

When felt she was in a safe place, Sandy herself called 9-1-1 to report the assault. As she talked to the dispatcher in what could only be described as heart-wrenching sobs, she told the police what happened and expressed her fear that Porter would find her before they arrived.

Sandy told the dispatcher she had hid behind a car as she waited for the opportunity to flee to her grandmother's house that was only a block away.

The dispatcher attempted to calm the fifth-grader and assured her officers would be on their way to make sure she was safe. Hours later as she concluded her interview at the Hope House, she asked her advocate where she would sleep that night. Sandy said she knew she couldn't go home and was afraid her mother would lash out at her. She also didn't feel safe at her grandparent's house because she thought Porter could show up at any time.

Sandy and her brother spent most nights at their grandparent's house as they were the ones who provided them with meals and somewhat of a normal homelife -- something her mother didn't regularly do.

After Porter's testimony, the defense rested and the attorneys presented their closing arguments. 

The defense attorney, Jimmy Stewart, used his time to cast doubt on Sandy's testimony and the inconsistencies he said showed the then elementary age girl was lying.

"You have not heard enough evidence here to convince you beyond a reasonable doubt that the defendant committed the crime he is accused of," concluded Stewart.

During her time the prosecutor reminded the jury of how brave Sandy had been in this situation. She had fled her mother's home because she wasn't safe, she made sure she had her brother's belongings, and she had called 9-1-1 herself to report a traumatic experience. 

"She did everything right and now it is time for us and the community to do what's right," said Palmer.

The jury continued deliberating Thursday morning.

If Porter is found guilty the trial will go into the punishment phase.  

Porter's jury trial is the first to occur in person in Tom Green County since the pandemic began and featured a socially distanced jury with masks and safety protocols in place.  

The Tom Green County Courthouse will continue observing COVID-19 protocols as they fall under the purview of the Supreme Court and not the State of Texas.