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| Inmate gets 40 years in assault on officer |
| By News Journal |
| Published: 06/20/2005 |
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A Texas jail inmate was found guilty by Rusk County jurors last Thursday of aggravated assault of a public servant and was sentenced to 40 years in prison. The eight woman, four man jury deliberated for about an hour about Darrell Horton's punishment. He had faced five to 99 years or life in prison for the first degree felony. Aggravated assault is usually a second degree felony but is upgraded when it involves a public servant. Horton, 29, was an inmate at the Bradshaw State Jail in Henderson when he got in an altercation with Don Gertz, Jr., a prison guard, on March 19, 2002. Gertz, 50, said a blow by Horton caused him to go blind in his right eye. The eye was removed last August and replaced with a prosthesis. Rusk County District Attorney Micheal Jimerson asked jurors to come back with a 60-year sentence. He also asked them to consider Horton's prior felony convictions - two for possession of a controlled substance, evading arrest and unauthorized absence from a correctional center. Gertz testified during the punishment phase of the trial last Thursday evening about the impact the assault has had on his life. He briefly went back to work at the jail after the incident, but just seeing the orange uniforms the inmates wore was too much for him, he said. The incident happened as inmates were returning from an outdoor recreational area. Gertz said Horton became agitated after being told to return outside to put on his shirt. Jail policy says that inmates must be fully clothed when entering the building. Horton screamed and cursed and pushed up against him with his chest, Gertz testified. After telling him several times to stop touching him, Gertz said he pushed Horton with his open hands. He testified that Horton hit him twice near his right eye. Photographs of Gertz taken after the incident showed his eye was swollen and bruised and he had a cut on his cheek. He had surgery to repair the eye on the day of the altercation but it kept shrinking, so it was removed. Horton, who was serving time for a possession of a controlled substance conviction from Austin, had said Gertz instigated the incident. His attorneys, Joe Shumate and Rick Hagan, also suggested Gertz didn't follow proper procedures and used unnecessary force. The defense included arguments that a correctional officer is not a public servant. Jimerson compared corrections officers to police officers who protect and serve. "They stand between them and us," Jimerson said, referring to criminals and law-abiding citizens. Seven prison inmates from across the state testified last Wednesday that Horton was defending himself from Gertz. Five of the men said Gertz fell during the struggle and hit his face on a door frame or wall. Jimerson brought up several instances in which the inmates' testimony differed from statements they made in the days following the incident. Horton testified only during the punishment phase of the three-day trial. |
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This trial set up for rent company prison guards will have these increased charges which I hope some idiot prisoner will think of these before they attack. I never did shit in this, but tell someone to go get dressed.
I think you missed some things in your report quite a few.. The seven inmates from across the state 5 recanted there statements and said what they stated was untrue they was hoping for some travel! In this attack there where more than one inmate beating on me, but they only went after one because he did the most damage. He actually kicked me in the face several time because other inmates pushing me down his shoe hit me in the eye socket eye his prison issued tennis shoes are pointed which caused my eye damage. Don't do a readers digest report if your site is for prison guards get all the facts jack. I know I was there and I'M Don Gertz