Police arrested a 41-year-old male on charges of aggravated sexual assault on a 11-year-old boy who happened to be the son of the man’s best friend. The police interviewed the boy who stated the man performed oral sex on him during several occasions.
The defendant’s lawyer talked him into pleading guilty to avoid a likely lifetime in prison charge. The man pleaded guilty to aggravated sexual assault and received a 10-year deferred adjudication, meaning if he pled guilty and did not get arrested for 10 years (as well as taking a sex offender therapy program), that he would not serve prison time.
The prosecution later filed a motion to revoke the deferred adjudication due to counselors stating the defendant was missing therapy sessions and refusing to cooperate in the sex offender therapy program. The deferred adjudication was revoked and the defendant was sentenced to 10 years in prison.
When the child turned 18 years old he confessed to his mother he made the story up because he was angry at the defendant for not spending time with him (he thought of him as an uncle). A state petition was filed for a writ of habeas corpus to vacate the defendant’s conviction. The judge recommended the petition be vacated and several months later the prosecution dismissed the charge.