Man Sentenced to Seven Years for Seven Felonies

The jury in the trial of John Lynn Kolster, Jr. returned a guilty verdict after two and a half hours of deliberation on Tuesday, returning for the punishment phase at just before 2 p.m. when they heard final arguments and passed down a sentence of seven years.

Kolster was charged with assault on a family member, enhanced to a second-degree felony due to prior convictions, after beating his brother, Nicholas with a hose at their shared property in Grape Creek on April 25, 2014.

In their final arguments in the guilt or innocence phase, attorneys for both sides emphasized key evidence that had been heard the day prior, the defense asking for a ‘not guilty’ verdict, stating Kolster had acted in self defense, while the state pointed out numerous inconsistencies in the defense’s story.

Defense attorney Jimmy Stewart began his arguments with a biblical reference to Cain and Able, comparing the age-old tale of scorned brothers to what played out on the day of the assault.

Returning to Nicholas Kolster’s testimony from Monday, Stewart stated he believed that Nicholas had known his brother John was residing on the property and was looking for a way to flush him out.

“I believe what the evidence shows is Nick was out there to confront his brother and incite [a reaction] so he could call the sheriff,” Stewart said, noting that Nicholas had testified that he’d called his wife to get the sheriff’s number, but hadn’t used it until he arrived. “And he does…”

Stewart then drew attention to the deft investigation, reiterating that within a space of five minutes, responding deputy Michael Farmer had spoken to the defendant and the victim and placed John Kolster in handcuffs.  He added that the investigation didn’t include determining whether or not John had been living on the property, which Stewart asserted was key to the real motive behind Nicholas’ visit.

In a final draw, he emphasized the fact that Nicholas Kolster returned to the property after his brother had been jailed and removed two trailer loads of items that included his brother’s property.

On the witness stand Monday, Nicholas spoke of this as more of a trash abatement, and said it played out over months after John Kolster had been jailed.

“There were aerosol cans [with holes punched in them] and needles,” Nicholas stated on Monday. He said he wasn’t aware there were any of John’s personal effects mixed in the items he threw away, which amounted to mostly trash.

In response to Stewart’s final arguments, prosecuting attorney Meagan White readdressed some of the items the jury had just been asked to contemplateShe pointed out inconsistencies in the stories heard by the defense’s only witness, Matthew Clark, who had alleged Nicholas appeared that afternoon with a gun and was subsequently shoved by his brother as an altercation ensued, and who named a stick and a cell phone among the items Nicholas was juggling as the fight took place.

Clark had made no mention of a stick or gun when deputies arrived that afternoon, nor did John Kolster, who at that time stated that Nicholas had beaten himself with the hose after pushing John down.

At 9:50 a.m., the jury was sent to deliberate, and after two and a half hours and a few questions passed to the judge via the bailiff, returned a guilty verdict.

The trial resumed with the punishment phase at 2 p.m., when the defense called its final witnesses to the stand.

Among them were Robin and Billy Womack, Billy being a cousin of John Kolster’s who grew up in their family home as a brother.

For her part, Robin stated that she’d never had any problems with Kolster and trusted him to be in her home and around her kids. Over the past six years, she estimated, she’s seen him approximately 10 times, all without incident.

Billy described his cousin as a brother, and stated that if he wasn’t on drugs, he would allow him into his home and to be around his children.

“I wouldn’t want him staying there because of the people he associates with in Angelo—I wouldn’t the people he associates with [at my house],” Womack said.

Womack said he was aware that Kolster had had problems with the law in the past, and reiterated that drugs had been the main problem. He also spoke to the relationship of the brothers, stating that their father was like the glue that held them together, and when he fell ill, tensions rose that continued to create a divide in the siblings after his death.

Mentioning Kolster’s criminal history in his closing arguments, Stewart asked the jury to remember that the punishment range, 2-20 years, did not merely represent numbers. They were years of life in the penitentiary. He sought the minimum of two years, continually emphasizing they’d be passing judgment that would determine years of Kolster’s life.

Kolster himself took the stand as the defense’s final witness, providing several long, narrative responses to the questions he was asked in both direct and cross examination.

Kolster pled true to prior convictions, and when questioned on his criminal history, offered clarification on his sentencing.

“That’s the only two times I’ve been sent to prison,” he said, referencing an evading arrest conviction and a prior family violence conviction. “Twice, in my whole criminal career, here.”

Kolster said that he felt the jury’s verdict was fair and that he received a fair trial, backtracking at one point to say he didn’t trust law enforcement to handle his investigation, and that throughout his progressive criminal career, he never received justice.

With reference to his drug problem, Kolster said he’d worked in well servicing in the oilfield for a time, which meant he had to work long hours, sometimes in excess of 70-100 hours.

“I got strung out on drugs,” he said. He’d become a meth addict. With reference to his more recent drug use, he claimed the aerosol cans his brother had found were used to make candles, and he never injected meth.

“From time to time, I’ve used meth since I’ve been here,” he said. “I smoked it.” Cocaine was the drug he shot up his arm.

During his testimony, Kolster elaborated on his cousin’s statement regarding the tensions that rose between the brothers around the time of his father’s death. Since then, he said, he and Nicholas haven’t been on good terms.

He said he’s always lived at the house on that property when he was residing locally and admitted to hitting his brother on the day of the incident, but maintained Nicholas has hit himself as well.

Following Kolster’s testimony, the attorneys made their closing arguments, the defense asking the jury to consider the sentence in terms of years and what the offense was, the state delving deeper into Kolster’s criminal history and stressing the seven prior felony convictions he has.

Relaying to the jury the sentences Kolster received in the past, most of which was probation, Jason Ferguson told them he’d been given enough chances. Numerous probation violations and repeat offenses that gradually increased in legal severity were counted out, and Ferguson asked jurors to not think of one felony in this case, but seven.

After only 30 minutes of deliberation, the jury returned a verdict of seven years. He was handcuffed and taken back to the county jail, where he has resided since the offense took place on April 25.