Judge Gives 22-year-old a Choice; 5 Years in Prison or 10 Years Deferred Adjudication Probation

SAN ANGELO, TX -- District Judge Jay Weatherby told Jadariun Kentral McCarthy at his sentencing hearing Wednesday that he’d only given a defendant a choice once before in thirteen years of serving as a Judge.  

McCarthy pleaded guilty on May 31 to three felony counts of possession with intent to deliver a controlled substance and one count of assault on a public servant.  Testimony showed McCarthy was being handcuffed outside a suspicious car at a San Angelo apartment complex when twisted away from officer Daniel Williams breaking the officer’s finger.  

Inside the vehicle officers found 12.3 grams of methamphetamine, 40 grams of cocaine and 80 ecstacy pills totalling $10,000 in street value.  

McCarthy had no previous record.  Judge Weatherby said that since McCarthy pleaded guilty and waived his right to a jury trial, it was up to the judge to pronounce sentence.  Weatherby gave McCarthy a choice, five years in state prison or ten years deferred adjudication probation. Weatherby said, “This a difficult case.  The victim (Officer Williams) is in the courtroom. Our primary job is to do justice and ensure the punishment fits the crime.”

McCarthy was given the choice and then allowed to consult with his attorney Fred Brigman.  After twelve minutes, McCarthy told Judge Weatherby he chose the ten years deferred adjudication.

The deferred adjudication probation includes paying $4,000 in restitution, attending Alcoholics Anonymous meetings twice a week for ten years, paying probation fees of $60 per month for ten years, complete an anger management course, attending a parenting program, attending a substance abuse program, no contact with his girlfriend or son until he completes the anger management program, no drugs or alcohol for ten years, he has to stay away from public schools and can’t leave Tom Green County for ten years.  

If McCarthy violates even one condition of his probation, for instance, if he misses one Alcoholics Anonymous meeting or misses one $60 monthly payment or gets arrested again within the next ten years, then the full range of punishment is available to the court.  The range of punishment is two to 99 years or life in prison.

McCarthy was in an orange Tom Green County Jail jumpsuit in the courtroom Wednesday.  He will be released to begin his ten years deferred adjudication immediately.