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

By J.J. Smith. Family violence, child abuse and dating abuse numbers have all skyrocketed dramatically over the past few years across Rockwall County and Texas.  

Now Heritage Christian Academy, Walmart, Rockwall ISD, Rockwall County DA Kenda Culpepper plus over a dozen more businesses, media, health care and law enforcement organizations are teaming up to raise awareness and funds for local campaigns to end abuse by co-sponsoring the first annual Lillian Smith Rockwall “Race To End Abuse” 5K/Family Fitness Walk.

The event is scheduled Oct. 31, 8-10 am, in the Kroger Food Store parking lot. Over 500 participants are expected. Runners will race 3.1 miles from Kroger to Country Club Dr. and then back to Kroger. Walkers will walk or jog one mile to Fox Chase Park and back.

Additional co-sponsors include Pepsi/Aquafina, Presbyterian Hospital of Rockwall, the Dallas Morning News Neighbors Go, TheRockwallNews.com, PegasusNews.com, Rockwall Enterprise-Success, Radio stations 93.5 FM “The Range” and 92.1 FM “The Possum,” Eclipse Fitness, Rockwall Running Center, Lady of America Fitness Clubs, Joe Willy’s and Taco Casa.

More co-sponsors can still participate with cash and/or in-kind donations of between $500 and $3,000. In return, co-sponsors receive a booth at the event, plus lots of positive publicity in current and future campaigns.

Organized by the Rockwall-based Lillian Smith Family Violence Foundation, the non-profit will use funds raised for ad campaigns and video productions in local media, schools and communities to help end domestic, dating, child and family pet abuse. It is Texas’ largest network of survivors and other concerned citizens, founded and directed by Rockwall resident and marketing consultant J.J. Smith, who has worked with such leading brands as Chevrolet, CBS Radio , Exxon, Macy’s, Southwest Airlines, The Dallas Cowboys and Time Warner Cable TV during his 30-year advertising and public relations career.

He recently launched Rockwall County’s leading online news website at www.TheRockwallNews.com, plus his personal blog at www.RockwallRocks.com, which combined currently attract over 10,000 visitors per month and are growing fast.

Smith said that domestic, dating and child abuse are now so widespread that utilizing the power and reach of media – especially the Internet – is essential to reducing and preventing abuse. 

“The number of confirmed child abuse victims rocketed 79 percent across Rockwall County since 2005, according to CPS data,” he said. ‘The number has almost doubled during the past two years ago from an annual average of 45 to nearly 90.” 

“Family violence has soared 61 percent in Rockwall alone since 2004, according to Rockwall Police,” he added.  “The numbers have jumped from over 150 reports to 250 each year. But since national experts believe that only about 25 percent of assaults are actually reported, the numbers are most likely four times higher.”

“We also understand an average of five local women per day meet with domestic violence counselors from the Greenville-based Women In Need women’s shelter. Rockwall County needs to financially support WIN, for the good of the community. “

Smith emphasized that dating violence is now so out of control in Texas that the State legislature passed a law in 2007 requiring all public school districts to develop anti-dating abuse programs.

“Three in four young Texans, 16-24, have either experienced dating abuse or know someone who has, according to a 2006 study conducted with the Texas Attorney General’s office,” he explained. “That’s much higher than the national average of one in three teens and young adults, so we definitely have a very serious epidemic on our hands.”

“We’ve been assisting Rockwall ISD for several months and will soon begin helping Heritage Christian Academy to develop excellent programs. Then we’ll look for other school districts and private schools which want our help.”  

Lillian Smith anti-abuse campaign ads, news articles and Internet videos will soon begin appearing in local newspapers, billboards, movie theaters and on local websites featuring a variety of prevention -oriented messages which Smith, other marketing professionals and abuse survivors from across DFW are developing.

Adults, seniors, children and families who want to race or walk can obtain information and registration details online at www.racetoendabuse.com or by calling 214-256-4071, seven days a week,from 8am-10 pm.

More sponsors and volunteers are currently needed and should also contact Smith by visiting the same website or calling the same phone number as above.

By J.J. Smith. Rockwall County Criminal District Attorney Kenda Culpepper and law enforcement agencies from across Rockwall County held a joint news conference Aug. 20 to announce a new pilot program designed to deter more people from driving drunk on County streets and highways over the Labor Day weekend.

Between Labor Day and New Year’s Day is traditionally the period when the most drivers are arrested for driving while intoxicated.   

Culpepper explained that individuals who are arrested on suspicion of driving while intoxicated over the Labor Day weekend and who refuse either a breath or blood sample will now be required by a court order to provide a blood sample.

She said the new “2009 Labor Day No Refusal Weekend” program will finally provide the district attorney’s office with the scientific evidence they need to convict a drunk driver in a trial. The program will run from Midnight, Sept. 4, to 5 pm, Sept. 8.

“Most people know that when a police officer has probable cause to believe that a person is driving while intoxicated, the suspect is asked to take a breath or blood test,” she said. “In the past, if the driver refused that test, we had to go to trial without scientific evidence to show that they were over the legal limit.”

“Now, jurisdictions across the state are getting evidentiary warrants to draw the person’s blood if they refuse, so that it can be scientifically tested and used in trial. Rockwall County is now joining the growing number of jurisdictions who are implementing this program.”

Law enforcement agencies involved in the program are the Rockwall, Rowlett, Royse City and Wylie Police Departments, Heath Department of Public Safety, Rockwall County Sheriff’s Office, Rockwall County Constables,  Texas Department of Public Safety and Texas Parks and Wildlife Department, which patrols Lake Ray Hubbard.   

According to Culpepper, the District Attorney’s Office is buying 50 blood-draw kits from the Texas Department of Public Safety and will distribute them to participating agencies for their use during the weekend program.  The Office will also provide training for law enforcement officers and supervisors regarding the blood draw warrants and procedures. 

LakePointe and Presbyterian Hospitals have agreed to provide trained phlebotomists to draw blood at the hospital throughout the weekend, the DA said. 

Rockwall Municipal Judge Cathy Penn and Rowlett Municipal Judge Belinda Loveland have agreed to stay on 24-hour call to consider the approval of the blood draw warrants. 

Two prosecutors from the DA’s Office, Suzanne Fichtel and Tiffant Quindt, will be on 24-hour call to answer any questions, plus have agreed to work without overtime compensation in order to make the program a success.    

The Rockwall County Commissioner’s Court has agreed to reimburse the cities for the judges’ overtime costs.

Culpepper stressed that drivers pulled over for possible DUIs and DWIs will not be unnecessarily detained.

“I have heard concerns that this will cause a person to be unnecessarily detained.  However, I would stress that the officer will seek a warrant only after he has already developed probable cause to arrest the individual.  Officers will continue to offer suspects the opportunity to consent to the test.  This program does not add an additional time in detention, it just allows us to strengthen the evidence we can take to trial,” she said.

“One of the most important jobs I have, and one I take very seriously, is the protection of the public. I truly believe that if we can get the message out about the blood draw weekend, it will deter people from driving while intoxicated and/or encourage them to have a designated driver.” 

“It is important that the community knows how serious Rockwall County is about keeping intoxicated people off our streets and our waterways. It is notable that DPS and the Sheriff’s Office have agreed to offer Texas Parks and Wildlife additional support throughout the weekend to keep a presence on Lake Ray Hubbard.”  

“Rockwall County has dedicated law enforcement personnel, and I am proud of the job they do for our community,“ she concluded.

Rockwall Police Chief Mark Moeller expressed appreciation for the Culpepper’s hard work with this new program.

“We all appreciate Kenda’s leadership. It’s a well-coordinated, great effort!”

Heath Public Safety Chief Terry Garrett said he’s enthused about this new tool to work with and thinks the prosecution of DWIs should be tougher and tougher.

“Texas led the nation in 2007 in fatality accidents, you know.”

Royse City Police Chief said he is pleased to have more evidence which will make convictions easier.

Lake Pointe Medical Center president Carolyn Jackson said it’s a great initiative which the hospital’s staff has been helping Rowlett Police with during the past two years.

“It’s been very successful in Rowlett. This is an easy way for us to help law enforcement.”

For more information, call the Rockwall County District Attorney’s Office at 972-204-6800.

By J.J. Smith. A Rockwall step-father was sentenced Tuesday by a Rockwall County jury to life in prison plus 20 years in prison to be served consecutively for the aggravated sexual assault of a child and indecency with a child involving his two young step-daughters.

Rocky Dale Dial, 51, was found guilty by the same 12-member Rockwall County jury Monday in less than an hour after hearing how he had committed the sexual crimes between 2002 and 2007, beginning when the girls were only eight and ten years old.

Dial was sentenced to the two consecutive terms after new Rockwall County District Attorney felony prosecutor Damita Sangermano requested the sentences to prevent him from ever leaving prison again.

According to Rockwall County Criminal District Attorney Kenda Culpepper, both girls – who are now teenagers – testified.

A third witness and family member, now an adult, also testified that Dial assaulted her 15 years ago when she was just ten. 

Since Dial had no previous convictions, he had been eligible for probation, but Culpepper said the jury felt the crimes were so serious that he should spend the rest of his life in prison where he can no longer harm any children.

“The jury certainly sent a strong message that people who commit sexual offenses in this community will be severely punished,” she said. 

“We applaud the courage of the young victims who were called to testify against the defendant and are glad to see that justice has finally been served in this case.”  

Felony prosecutor Stephani Woodward, who sat second chair and helped select the jury, explained that Dial will not become eligible for probation until after serving half of his consecutive sentences.  

She added that he received the aggravated sexual assault conviction because the victim was under 14 years old.   

This was the first felony case that lead prosecutor Damita Sangermano has tried to a jury in Rockwall County since being hired in April. She had previously worked for the Dallas County DA’s office for the past 18 years.

“I am impressed by the sense of community in the Rockwall District Attorney’s office.” Sangermano said.  “Many members of the office, including Stephani Woodward, who sat second chair, worked on various aspects of the case and contributed to its successful outcome.”

Culpepper said she is extremely pleased with Sangermano’s hard work on this case, spending many, many hours to ensure Dial be sent away to the state penitentiary for the rest of his life for what he did.

Dial has spent the past ten months in Rockwall County jail awaiting trial, after being arrested last year by Rockwall police.

He will be transferred to the state penitentiary soon where he will serve out his prison sentences.