CENTER, TX (KTRE) - A former Shelby County deputy previously charged in the 2009 death of his brother has been out of jail since November after having pleaded guilty to a lesser charge.
According to the Texas Attorney General's Office, Rex Calhoun pleaded guilty to a charge of injury to disabled, which carries a maximum penalty of two years in state jail. Because Calhoun had already served more than that, he was released from jail on the date he pleaded guilty, which was Nov. 8.
According to a spokesman with the office, prosecutors determined that the charge Calhoun pleaded to was more appropriate, based upon the evidence.
Calhoun's wife, Lana Calhoun, is scheduled for trial on March 18 on charges of first-degree murder and first-degree injury to disabled.
The Calhouns were arrested on April 29, 2010, following an investigation into the death of Rex Calhoun's brother, Allen Calhoun, on Sept. 22, 2009, in his home on the 700 block of Rosehill Road in Timpson.
A seven-month long investigation led Texas Rangers and other Shelby County law enforcement agencies to make the arrest. It was during their investigation that they discovered Allen Calhoun had been abused over an extended period of time, according to a previous report.
Allen Calhoun became mentally disabled after a car accident in 1971. He lived with his brother, Rex Calhoun, and his sister-in-law, Lana Sue Calhoun.
Windham said the couple had obtained power of attorney over Allen Calhoun in the summer of 2008.
According to Windham, witnesses told authorities they had watched Allen Calhoun rummage through garbage cans searching for food during his brief employment at Wal Mart.
Former Shelby County District Attorney Lynda K. Russell recused herself from the case, citing a conflict-of-interest. The AG's office did not receive the case until more than a year after it had been charged.