ROCKWALL – A Rockwall County jury convicted a Rockwall ex-con who beat up his 77-year-old grandmother of a third degree enhanced felony offense of Injury to an Elderly Person Dec. 7 and sentenced him to fifteen years in the Texas State penitentiary.

Jeffrey Shane Swartz, 36, who had moved in with his grandmother in Rockwall after being released from prison, was charged with physically assaulting her in June of this year.

Evidence showed that there was a history of physical and verbal abuse against her by the defendant, as well as a number of thefts from her person and bank account, according to Rockwall County Criminal District Attorney Kenda Culpepper.

“Law Enforcement has a special responsibility to protect our more vulnerable citizens, including the elderly,” said Culpepper.

“I was glad the jury embraced this responsibility and sent a message that Rockwall County protects its own.”

By J.J. Smith, Publisher

ROCKWALL – A Rockwall County jury returned guilty verdicts against a Dallas resident yesterday on third-degree enhanced charges of Burglary of a Building for his role in break-ins in Rockwall and Royse City.

Mario Terrell Martin, 24, was subsequently sentenced by 382nd District Judge Brett Hall to two maximum and concurrent sentences of ten years.

“The defendant had six prior felony convictions for theft, drug and weapons related offenses,” said Kenda Culpepper, Rockwall County Criminal District Attorney.  “We thought the maximum sentence was both appropriate and well deserved.”

Alex Imgrund, lead prosecutor in the case, said Martin acted as look-out during the early morning break-ins at the Charles Grocery Store in Royse City and the Rockwall Pawn Shop on April 30, 2010.

He added the investigation was a collaboration of the Royse City and Rockwall Police Departments and Rockwall Sheriff’s Office.

“It was an impressive effort by law enforcement,” he said.  “It is a privilege to work alongside such dedicated public servants.”

By J.J. Smith, Publisher

ROCKWALL – Rockwall attorney and twice-elected former Dallas County Criminal Court Judge Jim Pruitt, who was instrumental in creating the first dedicated domestic violence court in Dallas, has announced his candidacy for the Republican nomination for the new District 33 seat in the Texas House of Representatives.

Pruitt, 55, who was elected Judge of Dallas Co. Criminal Court #2 in 1994 and 1999, also collaborated while on the bench with the Department of Public Safety to write the first regulations in Texas governing DWI ignition interlock providers.

Elected by his judicial colleagues as a Presiding Judge over the Dallas County Courts and as a local administrative judge, he frequently traveled to Austin to work with legislators regarding laws that would affect the criminal justice system.

After leaving the bench, the board-certified criminal lawyer moved to Rockwall and formed the law firm of Culpepper and Pruitt with his wife, Kenda Culpepper.

When Culpepper was elected as the Rockwall County District Attorney in 2008, he created the Pruitt Law Firm, which practices mediation, family and intellectual property law.

The newly-formed House district encompasses all of Rockwall County and outer portions of Collin County, including Frisco, as a result of the recent redistricting process.

As a result of the recent legislative redistricting process, Representatives Jodie Laubenberg (R-Murphy) and Ken Paxton (R-McKinney) will no longer represent the areas encompassed in the new District 33 beginning in January, 2013, after the November, 2012, general election.

Two Frisco residents have already announced they are running for the GOP nomination – former Air Force fighter pilot and motivational speaker Scott O’Grady and Scott Turner, a former pro football player and motivational speaker. No Democrats have yet announced.

The primary election will be held March 6, 2012, and the general election Nov. 6, 2012.

Pruitt told a group of 200 supporters at a Labor Day barbeque at his home that, after taking a break from public service to practice law, he is ready to get to work again for the people, “finding solutions instead of making excuses” because he can no longer stand listening to ineffective politicians “sniping across party lines,” while hoping things get done.

He said people want a representative who will be “a person of action instead of just words” which he pledged to be.

“Tough times need aggressive and effective leaders,” said Pruitt. “People want solutions; they are tired of politicians sniping across party lines.”

“They want a good, safe place to live. They want job security. They want a good education for their children, and they want fiscally conservative and honest representatives who won’t be frivolous with their hard-earned money.

“They want a person of action instead of just words.  I am tired of simply listening and hoping things get done.  I have worked hard to establish myself as a conservative and equitable voice in this community, and I am ready to get to work again for the people, finding solutions instead of making excuses.”

Pruitt said he is proud of his judicial experience and has worked hard to establish himself as a conservative and equitable voice in the community.

“I don’t just strongly believe in fiscal and social responsibility, limited government, and law enforcement, I have a record of proven experience to promote these ideals.”

He added that voters should vote for him because he has far more legal and legislative experience than his opponents, and has had much success helping to improve the state’s criminal justice system.

While on the bench, for example, he was the founder and a lead lecturer for the Dallas Weapons Education Safety Training Program. In the class, he taught weapons, self-defense and protection of property laws to groups, including attorneys and law enforcement officers.

“As a judge, I saw a lot of dangerous situations.  I taught the class for eight years because I wanted to teach people how to legally protect themselves while staying within the confines of the law.”

After graduating from Baylor Law School in 1994, Pruitt started a general law practice, was a volunteer firefighter and became city prosecutor in the City of Sunnyvale, where he was also appointed Planning and Zoning Committee Chairman.

He has long been active in local Republican politics, serving on the Young Republican National Executive Board in the 1980s, and has been repeatedly elected as a delegate to the State Republican Convention.

In 2006, he was asked by the Republican National Committee to travel to Iowa to monitor allegations of potential election fraud in the national elections.

Pruitt has four children and lives in Rockwall.  He and his wife are members of the First United Methodist Church of Rockwall.

For more information, see www.pruittfortexas.com, his Facebook page or Twitter feed.

By J.J. Smith, Publisher

ROCKWALL – After deliberating for less than one hour April 20, a Rockwall County jury sentenced a Hidalgo County man to ninety-nine years in prison and maximum fine of $250,000 on the charge of Possession with Intent to Deliver Cocaine over 400 grams.

Mario Alberto Salazar, 37, received the maximum sentence, according to Rockwall County Criminal District Attorney Kenda Culpepper.

In punishment, lead prosecutor, Damita Sangermano, introduced 18 judgments of conviction against Salazar, telling the jury during closing arguments that Salazar had been a criminal his entire adult life.

Sangermano said jurors heard testimony that Rockwall Police Department Officer Josh Ellis detained Salazar on a traffic stop on I-30 and later found half a kilo of cocaine hidden in his trunk.

After sentencing, jurors thanked Officer Ellis for his service.

“Rockwall County officers have a solid reputation for their professionalism and training,” said Sangermano.  “They should be commended for the excellent job they did in this case.”

“By their verdict, it is clear that Rockwall County citizens have very little sympathy for those who deal poison in our community,” said Kenda Culpepper, Rockwall County Criminal District Attorney.  “We are pleased that one more drug dealer will be behind bars for a long time.”

By J.J. Smith, Publisher

A Rockwall County grand jury will be used by the Texas Attorney General’s office to investigate allegations of voter fraud in Dallas County during last March’s Democratic Primary Election.

Republican Attorney General Greg Abbott’s investigation is centering on mail-in ballots cast.

Although it is unusual for state investigators to bypass the district attorney’s office of the county where violations are alleged to have occurred, it is allowed under Texas election law.

In Rockwall, Republican Kenda Culpepper is the elected Criminal District Attorney. Democrat Craig Watkins is the Dallas County district attorney.

Watkins said he sees nothing inappropriate in this case.

“That’s the attorney general’s case, and they should be allowed to do their job without interfering comments from me,” he recently told The Dallas Morning News.

The Attorney General’s office has not commented on the grand jury proceeding. Culpepper referred TheRockwallNews.com to the Attorney General’s office for comments.

The Texas Secretary of State’s Office asked for help from Abbott’s office last year, citing nine possible crimes that included illegal voting, obstructing a poll watcher, unlawfully assisting a voter and providing false information on a ballot application.

County Democratic Party Chair Darlene Ewing told the newspaper there was no evidence of organized voter fraud in Dallas County.

“I think the AG’s Office is a tool of Republican Greg Abbott, who wants higher office and is looking for headlines,” she said.

Dallas GOP Chair Jonathan Neeman has a different opinion. He said Watkins “has thumbed his nose at the attorney general multiple times over the constable’s investigation. As we’ve seen during the reign of this DA, he is not going to investigate Democrats.”

By J.J. Smith, Publisher

By J.J. Smith. A Royse City man was sentenced to three consecutive life terms in prison Sept. 13 on charges of continuous sexual abuse of three young girls that he and his wife had been babysitting between Sept. 2008 and Aug. 2009.

Tommy Lynn Stewart, 50, was sentenced by a Rockwall County jury which took less than 30 minutes to deliberate on punishment. Rockwall’s 382nd District Judge Brett Hall then stacked the sentences.

The same jury had found him guilty of the three charged offenses on Friday. Stewart will not be eligible for parole.

His wife, Shirley Imhoff, has also been in the Rockwall County jail since Dec. 8, 2009, awaiting trial on two charges of child endangerment.

“The jury certainly sent a strong message to the community that this type of heinous behavior should be punished to the full extent of the law”, said Culpepper. “This is the first time that this type of case has been prosecuted in Rockwall County since the legislature enacted Jessica’s Law in 2007, and we appreciate the hard work of the jury.”

Jessica’s Law, named after young Jessica Lunsford – who was brutally sexually assaulted and murdered in Florida in 2005 – mandates that offenders in Texas who commit heinous sexual abuse crimes of children must be sentenced to no less than 25 years in prison.

Assistant DA Damita Sangermano, lead prosecutor on the cases, stated, “This was a tough trial for everyone.  I am humbled by the courage of the young victims who were called to testify against the defendant and am glad to see that justice has finally been served in these cases.”

“We’re obviously very pleased with the verdict.”

The 9, 11 and 12-year-old girls lived in the same neighborhood as Stewart and Imhoff near James and Katy Streets and their families were friends, Sangermano explained. Two of the girls were sisters.

“One of the children – the nine-year-old – told her aunt what happened, which is what led to the discovery of the crimes. Her aunt then called the Rockwall County Sheriff’s Office Aug. 28, 2009, to report the crime. Soon after the other girls confirmed what the youngest girl had told investigators.”

The Assistant DA explained Stewart’s crimes involved digital penetration, the touching of genitals and oral sex.

“The girls were very brave,” she said. “It was extremely frightening. They tearfully testified despite his attorney’s attempt to discredit their outcries.”

“Stewart also testified in his own defense and pleaded ‘Not Guilty’.”

Sangermano added that the girls are now seeing a professional counselor paid for by the State of Texas to help them to overcome what they experienced.

“We certainly encourage any sexual abuse victim to get professional counseling and we make it available to them through the State’s Crime Victim’s Compensation Fund,” she said.

By J.J. Smith. The Mesquite man who attempted to kidnap a female first grade student from Pullen Elementary School March 4th was sentenced to the maximum of 10 years in prison and a $10,000 fine yesterday by 382nd District Court Judge Brett Hall in Rockwall.

Desi Smalley, 36, a Mesquite resident, had first pled guilty to the attempted kidnapping.

Rockwall Criminal District Attorney Kenda Culpepper successfully argued for the maximum sentence after presenting the facts of the case and evidence of Smalley’s extensive criminal background.

According to the Culpepper, Smalley had already been convicted and sentenced to the state penitentiary once and state jails four times. She said he was also high on the drug PCP at the time of the offense.

“I strongly argued for the maximum sentence as warranted by the facts of the case, plus his previous criminal record,” she said.

“In 1998, he was sentenced to five years in the state penitentiary for burglary of a habitation, as well as to 106 months in a state jail for possession of a controlled substance.”

“In 2002 he was sentenced to 270 days in jail again for possession of a controlled substance.”

“In 2008 he was sentenced to another six months in jail for attempting to take a weapon from a public servant.”

“In 2009, he was sentenced to still another six months in jail for evading arrest enhanced.”

Stating that she was very pleased with the sentencing, Culpepper also congratulated the female student and school authorities who ultimately helped police to capture him.

“I applaud the courage of the first grader who alerted school authorities to a stranger in their midst and the dedication of teachers who strive to keep their students safe.”

The DA explained that, after being directed by Smalley to leave with him, the first grader told a teacher’s aide that a man she didn’t know was trying to convince her to leave with him.

“He’s a stranger; I don’t know him,” the student said.

The aide then told her first grade teacher who notified school administration that an unknown man had entered and tried to direct the student to go with him.

After the attempted kidnapping, Smalley was arrested the next day in Arkansas after being stopped for a traffic violation. He was then returned to Rockwall County Jail to stand trial.

Culpepper sent a warning to others who would attempt to harm children in Rockwall County.

“If you try to harm a child in Rockwall County, you will be severely punished,” she said.

By J.J. Smith. Convicted former City of Fate Secretary Sandra Lobban can use her retirement funds that the City paid her during her 20 years in that position to repay all or a portion of the $7,165.58 she stole and has now been sentenced to repay.

In other words, she can repay what she stole with dollars that were paid to her by taxpayers and there’s nothing anyone can do about it.

According to Rockwall County Criminal District Attorney Kenda Culpepper,  “the Texas Constitution does not allow for the garnishment of wages, including retirement benefits, for any purpose except for the enforcement of court-ordered child support payments or spousal maintenance.”

Fate City Manager Vicki Mikel there is no way of knowing how much money she deposited into her Texas Municipal Retirement System account before she retired in June, 2008, because the account records are private information.

That’s the same reason that financial information cannot be obtained from the Rockwall County Probation office or District Clerk to learn if Lobban has yet repaid all or any of the amount she must repay.

There is no further evidence whether she stole more money before 2007 while she was recording financial records with pencil and paper because her handwritten records were such a mess, said Mikel, who helped discover the theft with Fate accounting clerk Stephanie Fouquette during the auditing process.

She was convicted last April of the third-degree felony of theft by a public servant of between $1,500 and $20,000 and sentenced by District Judge Brett Hall to five years probation plus the restitution.

By J.J. Smith. A Rockwall County jury returned a verdict in less than 30 minutes last week on charges of Driving While Intoxicated and Aggravated Assault with a Deadly Weapon against a man who had been convicted of five previous DWIs and is currently out on bond in two other DWI cases in counties other than Rockwall.

James Earle Dodson, 55, was charged for a July 13, 2009, accident in which he hit a carload of family members, including four young boys, who have since recovered from their injuries.

The jury then sentenced him to the maximum sentence of 10 years in prison for the DWI and 15 years for the Aggravated Assault.

“Citizens all over Texas are safer with Mr. Dodson behind bars,” said Kenda Culpepper, Rockwall County Criminal District Attorney.

Suzanne Fichtel, lead prosecutor on the case, said the victims in the case “were pleased with the verdict and are ready to put the incident behind them”.

More details will be forthcoming soon about this case.

By J.J. Smith. Drug-related crimes made up 33 percent of felonies and 23 percent of misdemeanors committed across Rockwall County in 2008 revealed Rockwall County Criminal District Attorney Kenda Culpepper in several presentations across the area during the past few weeks.

DWIs (Drinking While Driving) also accounted for 23 percent of misdemeanors. The next highest percentage of fel