The Campaign For DA

9.14.2011

The Trial Going On In Decatur


What little I know about The State of Texas vs. John Josey:

  • It's an Evading Arrest case which is normally a misdemeanor, but the specific charge is Evading With A Vehicle which makes it a State Jail Felony. But the State has attempted to prove that the defendant has a prior Evading conviction (out of Bell County) which would enhance the case to a Third Degree Felony.
  • He tried to have the district judge recused yesterday but a Fort Worth judge drove up, heard, and denied the Motion.
  • The State put on its case this morning which included a pretty wild video of the defendant driving on 730 between Boyd and Azle while pulling a boat and moving into the opposite lane of traffic on occasion. Let's just say it would be enough to cause me serious concern if I were representing the guy.
  • Troopers eventually shot out the tires and, once they got him to stop in a field, one trooper saw two pellet holes and 2 or three bullet holes in the metal of the vehicle. (This was a little hard to follow.)
  • It sounds like there was some type of internal investigation regarding how the chase was handled by law enforcement and it appears there were two shots fired at the radiator in the beginning of the chase (not sure with what type of weapon or whether it was hit) that someone or some entity found to be "unjustified". That really doesn't change anything other than I guess the defendant could use it as an excuse of "I was scared of those cops so that is why I didn't stop."
  • I don't know what started the chase, but I don't think it was anything of any significance.
  • I learned that when a fingerprint expert testifies about "finger ridges" that lots of people in the audience will look at their fingertips.
  • The jury will deliberate guilt/not guilt this afternoon. If guilty, the "punishment phase" will fire up. (I can share what I want to share later.)
  • Update: convicted very quickly. Punishment range is enhanced to 25-life for the jury to consider because of his criminal history. He has had at least 10 prior felony conviction (most of them were prison sentences of 5 to 15 years for DWI and dope with one forgery thrown in.)