Judge suspends prison sentence for Lufkin sex offender

By Holley Nees - bio | email

LUFKIN, TX (KTRE) – Daniel McGinty has only served six months of his prison sentence, but now an Angelina County judge is granting him shock probation.

"Shock probation is used in order to take an offender, who in many cases was previously on probation or a new offender, send them to the penitentiary, give them a taste of what the penitentiary is like and quote shock them," said McGinty's attorney Al Charanza.

The 25-year-old was convicted when he was 15 for aggravated sexual assault of a 9-year-old girl. He registered a year ago as a Lufkin sex offender.

McGinty moved without notice and in October he pleaded guilty to a six year sentence for a drug charge and failure to register.

Now out early on probation, should sex offenders get another chance?

"Different factors are considered," said Angelina County Sex Offender Supervision Officer Lisa Page. "First of all, their criminal history - if it's extensive it's less likely they're going to continue getting chances. Also, the nature of their offense or their past offenses."

She also said the age of the offender is often considered.

McGinty's attorney said he's ready to move on with his life.

"He has actually been in jail population with every kind of offender in the Texas Department of Corrections," Charanza said.

"I thought he was a good candidate for probation," said Page. "I thought he did deserve a second chance. Whether he continues to deserve a third chance, fourth chance, he shouldn't push his luck."

Although he did receive another chance Thursday, if he violates his probation, he'll go back to prison to serve the rest of his six year sentence.

"I really hope that was the final wake-up call that he needed because he's got a lot of potential," said Page.

Only time will tell if six months was enough shock for him to use his second chance wisely.

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