The Huntsville Item, Huntsville, TX

May 2, 2012

Grand Jury hands down felony indictments

By Cody Stark
Staff Reporter

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.”



Indictments

The grand jury also handed down the following indictments:

• Horace Earvin Moore, assault of a public servant and injury of a child/elderly/diable with intent to inflict bodily injury.

• Blair Ledet, burglary of a habitation.

• Kimberly Ann McCray-Hardy, injury of a child/elderly/diable with intent to inflict bodily injury.

• Everett Lakeilyn Minor, aggravated assault with a deadly weapon.

• Valerie Denise Tennon, credit card or debit card abuse.

• Bobby Joe Futch, possession of a controlled substance grade one.

• Derrick Dewayne Hamilton, unlawful possession of a firearm by felon.

• Jason E. Elliston, driving while intoxicated third or more.

• Walter V. Thatcher, theft of property more than $1,500 with two or more previous convictions.

• Craig James Finnegan, theft of property more than $1,500 with two or more previous convictions.

• Marcella Lathon, aggravated assault with a deadly weapon.

• Jeremiah Vadald Tennon, burglary of a habitation.

• Wade Jarome Bibbs, burglary of a habitation.

• Virjilio Jimenez, two counts of indecency with a child sexual contact.

• Da’Quane Xavier Hubbard, credit card or debit card abuse and unauthorized use of a vehicle.

• Brandon Scott Gaines, burglary of a habitation and burglary of a building.

• Hugo Alberto Lopez, harassment by person in correctional/detention facility.

• Milton Thomas Perry, manufacturing and delivering a controlled substance grade one.

• Justin Edward Peterson, criminal mischief more than $1,500 but less than $20,000.

• Albert Lewis Harmor Jr., theft of property more than $1,500 but less than $20,000.

• Raul Roy Flores, aggravated assault with a deadly weapon.

• Damien Paul Rourke, theft of property more than $1,500 but less than $20,000.

• Gary Wendel Kimbro, criminal mischief more than $1,500 but less than $20,000.

• Derrick Dontae Obryant, aggravated assault causes serious bodily injury.

• Sammy Lee Kimble, aggravated robbery.

• Bobby Don Lathon, aggravated robbery.

• Nora Marsh, theft of property more than $1,500 but less than $20,000.

• Michael Bernard Harrison, theft of property more than $1,500 but less than $20,000.

• Dori Rose Blume, burglary of a building.

• Raymond Carl Helmick, aggravated robbery.

• Will Arthur Beacleay, theft of property more than $1,500 but less than $20,000.

• Jeffrey Ray Davis, burglary of a building.