LUFKIN, TX (KTRE) - After they pleaded guilty to sex offenses Monday morning, the last two of four Angelina County men who gang-raped a 16-year-old girl in Hudson on March 4, 2011, received five years of probation and may have to register as sex offenders for the rest of their lives.
Adrian Eugene Moreland, 19, and Timothy Joseph Headley, 23, both of Lufkin, appeared at a plea hearing in Judge Barry Bryan's 217th Judicial District Court Monday morning. In addition to the probation and the lifetime registry as sex offenders, the two men will each have to pay a fine of $500.
"In this case, there were a couple of perpetrators who we felt were much more guilty than the others," prosecutor Layne Thompson said.
Earlier this year, Moreland and Headley waived their right to a jury trial. Had they not pleaded guilty, they would have each faced a bench trial. Moreland pleaded guilty to a felony charge of sexual assault, and Headley pleaded guilty to sexual assault of a child.
"[Moreland] was one of the first individuals to have contact with the victim," Thompson said. "He actually had or was going to offer some evidence that it was consensual contact."
In Headley's situation, he was 21, and the victim was 16 and therefore not legally able to give her consent to have sex.
"He was, nevertheless, going to offer evidence that it was not un-consensual," Thompson said.
The assistant district attorney said the victim was OK with the plea bargain given to Moreland and Headley.
"We consulted with the victim in regard to both Adrian Moreland and Timothy Headley's plea before we accepted it," Thompson said.
Both men were forthcoming about their own involvement in the sexual assault, Thompson said.
"We thought deferred was the humane thing to do, so that if they're good, if they don't do anything wrong within the next five years, that they can end up not having a felony conviction for the rest of their lives," Thompson said.
Once Moreland and Headley complete their five-years of probation, they can ask the district judge for permission to stop registering as sex offenders.
In March and April of 2011, Moreland, Headley, Clinton Earl Johnson Jr., 19, and Clinton Earl Johnson Sr. 55, were arrested by the Hudson Police Department after a then-16-year-old girl told authorities that the four men took turns sexually assaulting her while they held her down on a mattress in the backyard of the elder Clinton Johnson's home.
Back in February, Clinton Johnson Jr. agreed to an 8-year prison sentence for a felony charge of sexual assault. All the other related charges against him were dropped.
His father, Clinton Johnson Sr. pleaded guilty to a felony charge of indecency with a child by sexual contact and received a 5-year prison sentence on April 15. All the other charges against Clinton Johnson Sr. were dropped.
Thompson said the indecency with a child charge was the only one the state could prove, based on the evidence they had. The elder Johnson touched the girl inappropriately, and was only "on the scene only briefly."
"He's a man in his fifties, Thompson said. "There was really no argument that she consented to allow him to touch her breasts. This is the adult who could've stopped things, and instead, he becomes involved."