LUFKIN, TX (KTRE) - A district judge sentenced a Lufkin man to 55 years in prison in connection to his breaking into the home of a woman and raping her.
According to a previous report, Lufkin Police said Brumley broke into a 59-year-old woman's home and raped her.
Police obtained a warrant for his arrest on April 26 and gave him ample opportunity to turn himself in, according to police. Officers with the U.S. Marshal's Office arrested him in Palestine.
On November 30, Brumley pleaded guilty to two counts of aggravated sexual assault and one count of burglary of a habitation. There was an agreement for maximum sentencing allowed against Brumley. There was not a plea agreement at that time.
In Tuesday's hearing, the state called Edward Diaz, a community supervision officer for Angelina County, to the stand as a witness. He handled the pre-sentence report of Brumley's case. He stated he talked to Brumley and the victim.
"I spoke to him at the Angelina County Jail for over 2 hours," said Diaz.
Diaz says he explained to Brumley his purpose for visiting him. He said he was surprised by Brumley's attitude to the situation.
"The main thing that stood out in my mind was that he was not remorseful. He kind of regretted that he would be punished, but he did not regret what he did," said Diaz.
Today, there appears to be a change of attitude, Diaz said.
"I find it very odd that today here in court, he's remorseful," Diaz said.
Defense attorney Michael Nguyen argued that Diaz couldn't possibly know that much about Brumley after just a two-hour interview. Nguyen also argued that Brumley had learning difficulties and a below-average IQ.
"You can express remorse or regret, I would think, because he's at least a high school graduate," said Diaz.
Prosecuting attorney Katrina Carswell questioned whether Diaz got the impression that he was mentally incapable of understanding.
"I never got the impression that he didn't understand," said Diaz.
Carswell called Detective Gabe Wall of the Lufkin Police Department as the next witness.
"I found it odd, at this point in time, at the day of his sentencing that he wrote a letter of remorse ... In my opinion, this far through the process to just now offer an apology," said Wall.
The victim then took the stand.
"I believe this act was pre-meditated ... I was basically put in the dark ... only one window screen was removed, where he entered," she said.
The woman said she's still unsure of what Brumley did to her mother, after entering through her mother's room. The victim's mother lives with her.
"I'm still under a doctor's care ... During the attack, I had to stay conscious. I did not know the state my mother was in," she said. "My goal was to stay away so I could help her when this was over ... he violated the sanctity of my home. Your home is where you're supposed to feel safe. I feel safe nowhere."
She said Brumley tied her hands with her mother's shoelaces and took them with him after he left. She said the attack has caused her mother's condition to deteriorate.
"She gets lost in the house ... and there's only one room. She never had that before," she said.
She said her mother is aware something happened. However, she is not aware of everything.
"I don't think she would understand," she said. "...I don't want to put any more on her than she can handle."
Since the attack, she has installed a security system and more outdoor lights. She's also applied for a pistol handgun license.
"I hate guns, yet I feel I have to have one," she said. "I've slept with a cocked gun in my hand because I feel it may be better to shoot myself than to be assaulted again."
She said Brumley had been a friend of her granddaughter's prior to the incident. She said she doesn't believe Brumley's apology letter in which he states he was drunk during the incident. She said he did not smell like the alcohol he claims he had that night.
She also Brumley tried to smother her. He didn't use weapons but overpowered her with his body weight. She claims he never threatened to kill her.
"I remember it every day," said the victim.
She says she's received psychological counseling since the incident. She postponed going as often because she wanted to clearly be able to express how she felt and give her testimony in court.
District Judge Barry Bryan responded with his impression of the defense memorandum, which Brumley submitted Tuesday afternoon.
"In response to a lot of letters in comments in that memorandum ... I'm left with my job with what to do in punishment for Mr. Brumley's case," said Bryan.
Bryan found Brumley guilty and sentenced him to 55 years in prison for counts 1 (aggravated sexual assault), 3 (aggravated sexual assault), and 5 (burglary). All counts were first-degree felonies. He's entitled to his jail credit from Angelina County Jail. He's subject and eligible to parole after serving half of his sentence.
Counts 2 and 4 were dismissed, due to the pre-arranged agreement.
After adjourning, the state called the victim to give an impact statement.
"You reap what you sow, and what goes around comes around," said the victim. "…and may God have mercy on your soul."
Court was then re-adjourned.