The Huntsville Item, Huntsville, TX

Local News

May 2, 2012

Grand Jury hands down felony indictments

HUNTSVILLE —

A domestic dispute back in December has led to felony charges being brought against a Huntsville man.

Gerald Hugh Theiler was indicted by a grand jury for aggravated assault with a deadly weapon, a first-degree felony, for allegedly shooting at his wife on Dec. 26. He is also facing a third-degree felony count of assault family violence for choking her.

According to police reports, Theiler was at his girlfriend’s home the day of the alleged incident when she became angry at him and asked him to leave. When the suspect went home, he got into an argument with his wife and assaulted her before firing a gun in her direction.

Officers with the Walker County Sheriff’s Office responded to the call and arrested Theiler.

“She was lucky to escape serious injury,” Walker County District Attorney David Weeks said. “She moved right when he fired and the bullet struck the wall near her head.”

A first-degree felony carries a sentence of five to 99 years in prison and a fine not to exceed $10,000. A third-degree felony is punishable of two to 10 years in prison and up to a $10,000 fine.

Fake doctor’s note nets serious charge

A Huntsville man not wanting to take a drug test for his parole officer is facing a minimum of 25 years in prison if convicted of trying to pass off fake documents to the government.

Benson Milton was indicted on a third-degree felony charge of forgery of a government/national instrument on July 2, 2011. According to the allegations, Milton tried to use doctor’s notes to get out of taking a urine test. The parole officer noticed that the handwriting was different and there were misspellings on the documents.

Benson was on parole for a 2007 burglary conviction at the time of the alleged incident. Since he also had two other previous convictions in 2001, he is now looking at a minimum of 25 years in prison if he is convicted of forgery, according to Weeks.

“If he would have failed the drug test, he probably would have had his parole revoked,” Weeks said. “Now, he is looking at 25 years or more.”

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