Man Who Pleaded Guilty of Aggravated Assault Gets 7 Years in Prison

Steven Michael Brown, 29, pleaded guilty to aggravated assault with a deadly weapon in Ben Woodward’s 119^th District Court today despite the jury trial scheduled for this morning. Brown is accused of striking Richard Dennery in the face with a beer bottle and punching him after saluting him with what Dennery called a “Hail Hitler Salute.” Dennery is an African American man and Brown is Caucasian.

Woodward asked Brown if he realized that by pleading guilty, he was admitting that the glass bottle he used was a deadly weapon.

“Yes sir,” Brown responded quietly.

Woodward also asked if anyone had threatened Brown in order to bring about a confession. “Not the State,” Brown said.

Woodward then asked if anyone had threatened or abused Brown to provoke the plea, including “beating you with a rubber hose.”

“Not that I know of, sir,” Brown said. He was speaking so softly that the court reporter asked for him to speak up.

The plea was accepted, but no plea offer has been given by the State. The court will reconvene at 1:30 p.m. this afternoon for the trial and sentencing. Keep an eye on San Angelo LIVE! for updates.

For more about Brown, check out San Angelo LIVE!'s articles here and here.

Update 9:30 p.m.

The court met again this afternoon to address the sentencing in Brown’s case.

When Assistant District Attorney Jason Ferguson asked Araceli Mares, Brown’s wife, if Brown has a history with drugs and alcohol, Mares said yes, but not anymore. When asked about Brown’s Assault Causes Bodily Injury charges from November, Mares said she does not remember telling the police details about the incident.

When the witness was passed to defense attorney Thomas Williams, he asked if Mares would stay with Brown and if the couple would benefit from counseling. Mares said, “Of course.”

The state then established that Mares and Brown have not visited a couple’s therapist and Brown has no doctor for his ADHD.

San Angelo Police Officer Jayson Zapata took the stand as a witness for the defense. Williams asked Zapata about Dennery’s injuries, which were allegedly a two-inch long laceration to his right temple and a one-inch long laceration to the right side of his upper lip. Williams asked if Brown was injured, but Zapata said he initially did not remember that Brown had sustained any injuries. Williams said Brown had been holding a towel on a cut on his arm.

Zapata also said Brown smelled like he had been drinking, appeared intoxicated, and his statements did not make sense. He noted that, at the time, he was concerned for Brown’s safety and the safety of others.

When Ferguson asked Zapata why he arrested Brown instead of Dennery, Zapata said that he had gone by the witnesses’ statements.

SAPD officer Paul Polman took the stand next. When Polman attempted to get a statement from Dennery the night of the incident, the man refused to speak to him. Williams asked if it was strange that Dennery wanted to press charges and would not give a statement.

“We deal with people, and some people want to cooperate; some don’t,” Polman said. “It happens to me on a daily basis.”

The defense called Brown himself to the stand. Brown was diagnosed with ADHD at an early age. When he graduated, Brown said that he “did not like the way [the medicine] made me feel” and he stopped taking them.

Brown gave his account of the night of the alleged assault. Brown said that he made a “Nazi salute” as he was talking with his friends. He claimed that he saw the sign on TV and did not make the gesture at anyone in particular. Brown said that Dennery was offended by the salute and explicitly threatened Brown with bodily injury if he made the gesture again, calling him “damn white boy.” Brown made the gesture again. Brown stated that Dennery got up from the table and did not approach him calmly.

“My impression was that I was going to be in a physical altercation with somebody,” Brown said.

Brown said that as Dennery was coming at him, he threw a pint bottle at him. Brown claimed that he tried to slap Dennery but hit him with the bottle. The altercation was quickly broken up by the crowd.

SAPD’s complaint based on witness statements made no mention of Dennery’s alleged threats or Dennery’s threatening demeanor that Brown mentioned. According to the complaint, Dennery said he had thrown his glass at Brown after he had been struck to gain distance and avoid another strike.

Williams asked if Brown was trying to make a racist statement with the salute.

“No, sir,” Brown said.

Brown noted he was injured by the pint bottle and the glass had hit his arm. He did not seek medical attention that day, but did the day after when he was released from jail.

Brown and Randol Stout, his attorney at the time, negotiated a pretrial diversion (PTD) with the state. Brown later failed a drug test, breaking the agreement. Brown said he did not understand the gravity of the situation at the time, but he does now.

When the state addressed the witness, Ferguson stated that he appreciated Brown’s direct answers for his attorney and expected the same. Ferguson said Brown sometimes struggles to understand the questions he is asked in court.

“Was that an act to push this off?” Ferguson asked. “Why have you had so many problems understanding what’s going on before today?”

Ferguson asked if Brown is still having issues with drugs and alcohol.

“Yes sir,” Brown said.

Ferguson asked why Brown could not understand the gravity of his situation when he failed the drug test.

“I was lost in a sea of liquor,” Brown said.

​ Ferguson also established that Brown had methamphetamine in his system at the time of the drug test. Furthermore, Ferguson said Brown has a felony and two pending misdemeanors at least.

Ferguson showed the court what the defense said was a photo from Facebook of Brown holding an assault rifle. A comment underneath allegedly said “white power,” but Brown said that was not his comment.

Williams pointed out that Dennery is not Jewish and asked, “Why would a Nazi salute offend a black person?” Ferguson objected on grounds of speculation and the objection was sustained.

Vicki Martin, Brown’s mother, took the stand as the defense’s last witness. She established that Brown has ADD, ADHD, and hyperactive disorder. She said his medications “helped quite a bit” while he was in school. She also stated that Brown would be less prone to take drugs and self-medicate if he was on prescription medication. Furthermore, she said Brown could be a positive contributor to society if he was on probation.

After the court was in recess, Williams made his closing remarks. He said one of the first things that Brown would be required to do is to take his medication if he was placed on probation. Williams added that Brown should have a chance to be with his family instead of being put in jail.

Ferguson pointed out that this is an aggravated assault case, not a drug case. He said Brown would have been found guilty if the case was tried by a jury, and he took the plea to have an opportunity for probation. Ferguson claimed he has already given Brown a chance with PTD. Additionally, he pointed out the charges Brown has received in the years since the incident.

Judge Woodward said he had “given everybody a fair shot,” and the court has been patient with Brown in the years since his alleged crime. He then sentenced Brown to seven years in the institutional division.

“I’m sorry it’s come down to this, but I don’t think you’ve behaved yourself in the way you should’ve,” Woodward said.