Guilty Pleas and Conflict of Interest at the Tom Green County Court

SAN ANGELO, TX – Yesterday, several court procedures went on in Judge Barbara Walther's 51st District courtroom during the morning and afternoon sessions.

For the morning session, Judge Walther learned Hector Casanova Jr, 47, was assigned new counsel after his previous attorney, Shawntell McKillop, told the court she had been unable to communicate with her client. He had repeatedly missed appointments and that made it extremely difficult for her to defend him in court. Casanova, however, interrupted and claimed that he had, in fact, tried to contact McKillop but was unsuccessful. He also questioned the items on his indictment and Judge Walther reminded Casanova that interrupting the judge could mean he was in contempt and could be taken into custody. She went on to explain the choices he had and told him the right he had to change his defense attorney.

Casanova also attempted to dispute a failure to appear charge and stated he “knew the law.” Judge Walther said she didn't doubt that because he “had experience.” Casanova has a criminal record dating back to 1993.

Joshua James Shute, 37, pleaded guilty to possession of a controlled substance. His plea agreement called for a six-year confinement in an institutional division of the TDCJ. Shute’s court proceeding went on smoothly and with no interruptions.

The case regarding Stephen Kelly Franks, 39, who was indicted with continuous sexual assault of a child in 2015, had a hearing to discuss the possible conflict of interest with Franks' lawyer. The meeting was conducted in the judge’s chambers, but a source stated there may be a conflict of interest issue with his lawyer. No further court dates have been set for Franks’ case at this time. Franks would have previously faced a jury of his peers, but he failed to show up to that trial in 2016. He now faces bail jumping in addition to the original charge.

During the afternoon sessions, Judge Walther listened to several plea hearings and a motion hearing.

Michael Gary Keene, 22, filed a motion to retrieve his property from the vehicle involved in the death of Gisele Jarmon (for that story click here). District Attorney John Best stated the prosecution had no objection to this motion. The search warrant had been executed on the vehicle and the remaining items had no evidentiary value.

Best stated his office was “in the process of contacting the police department” so Keene could make arrangements to retrieve the property and the vehicle if he wished to do that.

Two pleas were also entered for unlawful possession of a firearm by a felon and assault against a family member. Mary Jane Diaz, 49, was given fire years probation after being found with a firearm, and Fabian Ortiz, 33, was given four years deferred adjudication for the assault charge. He was also instructed to stay away from the victim as a part of the plea deal.