LUFKIN, TX (KTRE) - An Angelina County district judge will consider a punishment for a Lufkin man already convicted for having sex with two underage children following a probation revocation hearing Thursday afternoon.
Joseph Michael Weeks, 20, has been in the Angelina County Jail after prosecutors filed a motion to revoke his probation.
Weeks was originally charged with three counts of sexual assault of a child, but pleaded guilty to lesser charges of injury to a child in July, which kept him from having to register as a sex offender.
Hudson Police arrested Weeks in July 2010 after he and a 13-year-old girl got high on cough syrup. The girl said Weeks then forced himself on her at a house in Hudson, even when she told him to stop. Weeks later told police he did have sex with the girl, but that the sex was mutual and he did not force himself on her.
Weeks was out on bond on the charge when he was arrested again, this time by Lufkin Police, in February, following an investigation into a December allegation that he touched a 15-year-old girl in her private area in the theater of Lufkin Mall. The girl then performed oral sex on him in the theater.
In Friday's hearing, District Judge Barry Bryan read a list of probation violations that came from the state, which included possessing alcohol 25 times during October to November 6, 2011, hanging out with felony probationers, not paying for a urine sample for a drug testing October 1, failing to pay monthly payments from October through December of $50 each month for court costs not attending sex-offender counseling on Dec. 12, viewing pornography online three to seven times a week from July to Nov. 2011, and having direct contact through text and physical meetings with an under-aged girl from July through November.
Weeks stated he was guilty of all of these violations.
The first witness called to the stand was Angelina County Adult Probation supervision officer Lisa Page.
She explained how she and Weeks went over the conditions of his probation. She said he understood the conditions.
"I first suspected there was some alcohol use during my field visits," said Page.
She then recalled him telling her the truth of his drinking habits during his polygraph test.
"He later admitted he had been drinking," said Page.
Page also explained how Weeks missed a counseling course during his probation.
"Initially he said he didn't think he'd get anything out of it…his attitude to comply with the conditions of probation would be hard for him because he's not used to living with so many restrictions," said Page.
She said she suggested Weeks get a phone that would not allow pictures or texting.
"He was accessing pornography on his cell phone," said Page.
Page went on to express that she believes and tests suggest Weeks has a substance abuse disorder.
"He's young, impulsive, and immature. But, he's always polite, fair to say?" Weeks' attorney, Ryan Deaton, said to Page.
Page agreed that Weeks was polite whenever she encountered him.
She also explained that Weeks "threw the towel in" when probation regulations required him to have a chaperone to even visit with his under-aged sister.
Deaton then asked Page if she felt Weeks still had a chance on probation or if she felt he should be behind bars.
"If he remains on probation, I will definitely continue to work with him," said Page.
Bryan then questioned Page about an incident in which two Sabine county women left Weeks' home, intoxicated, in a vehicle. They died in a car accident shortly after leaving. Page said Weeks admitted to having company at his house that night, prior to the accident, but he denied supplying the alcohol.
The defense then called upon Joseph Wilcox, the defendant's step-father, to the stand.
Wilcox said the violations of the probation began around the holidays.
"We have a big family. Everyone wanted to be together," said Wilcox.
Wilcox explained Weeks lived walking difference from his house and that he went to work regularly.
"So, did you see a change in him?" asked Deaton.
"Absolutely," said Wilcox. "The first time he got in trouble scared him pretty bad."
Wilcox mentioned his concern about Weeks' drinking habits. He further explained that Weeks was working hard to comply with court orders.
"He tried his best to stick to probation. Money was a problem, even working overtime, he couldn't get enough money to pay it," said Wilcox.
Wilcox addressed that Weeks swore he would never look at porn again after he was taken to jail for 10 days last September.
"Do you think the courts should be done?" asked Deaton.
"No, I really don't," said Wilcox.
"So you're asking the court to give him one more chance?" asked Deaton.
"I think he deserves it," replied Wilcox.
After a brief discussion with the judge, the defense then called upon the next witness.
Shay Wilcox, the defendant's mother was then called to the stand.
"I think he's made a lot of changes. He's gotten a job and doing what's asked of him. I think he's trying really hard." She said.
Ryan Deaton asked Shay Wilcox if she monitored Weeks regularly, to which she said, "when he wasn't at work, he was at home."
She said he's got a long way to go, but has noticed that he's "grown up a lot."
"Do you think six months is enough time for this court to determine whether he's going to be a good candidate for probation?" Deaton asked.
Wilcox said she believed he deserved a second chance. She feels the punishment should be short-term.
Prosecutor Art Bauereiss went in full detail about the many violations in Weeks's probation.
Wilcox adamantly said that since Joseph has been on probation, she has not seen her son on the computer, nor has he been around one of the victims.
Deaton asked Shay Wilcox if she promises the court that he will be monitored while he is still at home. Wilcox then said "I'll do whatever I need to do."
Weeks was called to the stand. From Oct to Nov 2011, Weeks admitted that he'd drank about 25 different times in that time period.
Weeks said it begun with the fact that he asked for help to curb his pornography addiction, and no one reached out to him.
"I just sort of gave up" he said.
"I drank basically to get away from everything," he said.
Weeks said he has a steady job and that he lost track of time with his probation fees. He says he only looked at pornography on his cellphone, never on a home computer. Weeks said he would love another chance to be on probation. Deaton said the terms would only be harder on Weeks, not easier.
He said he learned his lesson.
Bauereiss asked if anyone else bought alcohol for Weeks, to which he said "no."
Bauereiss referred back to an incident where two women came to see Weeks while he was on probation, on a night where he was drinking. They later died. Weeks said he thought it would be a violation of his probation, so he turned them away.
He said he acknowledges all that he's done wrong and that before, it didn't register the repercussions he would face if he violated probation.
Bryan reset the case so he could read reports in detail. Bryan said it would most likely be after March 5.