Lufkin man accepts 2 years deferred for assaulting 65-year-old m - | Lufkin and Nacogdoches, Texas

Lufkin man accepts 2 years deferred for assaulting 65-year-old man over girlfriend

Walter Albro III (Source: Angelina County Jail) Walter Albro III (Source: Angelina County Jail)

A 54-year-old Lufkin man accepted a plea bargain for two years of deferred adjudication for assaulting a then-65-year-old on two separate occasions in December 2012 because he believed that the victim had slept with his girlfriend.

Walter Albro appeared in Judge Paul White's 159th Judicial District Court for a plea hearing Monday afternoon. Originally, he was charged with a felony injury to the elderly charge. However, as part of the plea agreement, the charge was downgraded to an assault charge, which is a Class A misdemeanor.

Deferred adjudication is basically the same thing as probation. If Albro manages to stay out of trouble for the entire two-year period, the charge will be dropped from his record.

In addition to the two years of deferred adjudication, Albro will have to serve 60 hours of community service and pay $1,000 in restitution to the victim for the damage that he did to the man's truck, along with a $500 fine. As part of the agreement Albro will not be able to own a gun, and he is forbidden to interact with the victim or his family.

"I want to know why this man jumped on me," the victim said.

The victim said he went to the store to buy lottery tickets, and Albro jumped him from behind. He said Albro told him that he wasn't "gonna mess with her no more."

"My eye was swollen," the victim said. "The reason I couldn't defend myself is because I am on dialysis. I have to live with this horror."

Albro was booked into the Angelina County Jail in mid-December of 2012. He posted a bail of $7,000 and was released later that day.

According to the arrest affidavit for the first charge, the victim was entering M&B Food Mart on Dec. 4 when Albro allegedly approached him and started accusing the 65-year-old man of sleeping with his girlfriend.

Even though the victim denied the allegation, Albro pushed the other and started poking him in the chest, shoulders, and face with his finger. Albro then "put his hands around [the victim's] neck and started choking him." The victim said he could not breathe and had to knock Albro's hands away from his neck, the affidavit stated.

At that point, Albro climbed into his vehicle and left the convenience store. The victim then called the Lufkin Police Department to report the incident.

When an LPD detective went to the M&B Food Mart to investigate the assault, he talked to an employee at the store, who told him the incident was captured on the store's surveillance camera. The employee also said he saw the assault on the video monitor as it was occurring and witnessed Albro choking the victim.

The second assault occurred on Dec. 5, according to the arrest affidavit for that charge. On that day, the same victim from the previous assault was driving his truck down Culverhouse Street when Albro allegedly pulled his pickup in front of the victim's, preventing from traveling further down the street.

Because the victim already had his window down, Albro walked up to him and allegedly started yelling. Reportedly, Albro then tried several times to punch the victim in the face, the affidavit stated. Although the other man was able to block the first punch, Albro hit him on the right side of the face.

After Albro tried to open the driver's side door of the victim's truck, the man drove off and went around Albro's truck. The victim told Lufkin Police officers that he believes Albro would have injured him more if he hadn't driven off, the affidavit stated.

According to the affidavit, the victim's right eye was swollen. A crime scene tech took pictures of the man's eye, and they were turned in as evidence.

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