By Donna McCollum - email
NACOGDOCHES, TX (KTRE) – Tuesday evening, a jury handed a two-year prison sentence to a woman who pleaded guilty to two counts of sexual assault of a minor.
After 3 hours of deliberation, a jury decided Tammy Jean Butler will serve two years in prison for the first count of sexual assault of a minor. For the second count, Butler will serve 10 years in prison, probated. The sentence stipulates that the 2-year prison term must be completed before starting the probated sentence. Butler's 8 months already served will be applied to her prison sentence.
Butler was instructed by Judge Ed Klein to have absolutely no contact with the minor during the prison sentence.
Nacogdoches County District Attorney Nicole LoStracco was satisfied with the decision. "I'm pleased that the jury obviously felt a 15 or 16 year old in Nacogdoches County is not mature enough to consent to sexual contact with an adult, and I think that's what the two year sentence implied," she said. "I'm disappointed that they gave her probation for count two."
Butler's attorney, John Boundy, also gave his reaction to the sentence. "I would like to say what I think probably happened, they wanted to protect the victim until she got to be the age of majority," Boundy said. "So they sentenced my client, Tammy, two years in the penitentiary to give the victim time enough to become 18 or 17. Then 10 years to insure no other children would ever be at risk in the future."
Tammy's husband Marlin Butler is also charged with sexual assault of a minor with the same victim. He is awaiting trial.