LUFKIN, TX (KTRE) - A 54-year-old Lufkin man accepted a plea bargain fortwo years of deferred adjudication for assaulting a then-65-year-old on twoseparate occasions in December 2012 because he believed that the victim hadslept with his girlfriend.
Walter Albro appeared in Judge Paul White's 159thJudicial District Court for a plea hearing Monday afternoon. Originally, he wascharged with a felony injury to the elderly charge. However, as part of theplea agreement, the charge was downgraded to an assault charge, which is aClass A misdemeanor.
Deferred adjudication is basically the same thing asprobation. If Albro manages to stay out of trouble for the entire two-yearperiod, the charge will be dropped from his record.
In addition to the two years of deferredadjudication, 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'struck, along with a $500 fine. As part of the agreement Albro will not be ableto 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," thevictim said.
The victim said he went to the store to buy lotterytickets, 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 Icouldn't defend myself is because I am on dialysis. I have to live with thishorror."
Albro was booked into the Angelina County Jail inmid-December of 2012. He posted a bail of $7,000 and was released later thatday.
According to the arrest affidavit for the first charge, the victim wasentering M&B Food Mart on Dec. 4 when Albro allegedly approached him andstarted accusing the 65-year-old man of sleeping with his girlfriend.
Even though the victim denied the allegation, Albro pushed the other andstarted poking him in the chest, shoulders, and face with his finger. Albrothen "put his hands around [the victim's] neck and started chokinghim." The victim said he could not breathe and had to knock Albro's handsaway from his neck, the affidavit stated.
At that point, Albro climbed into his vehicle and left the conveniencestore. The victim then called the Lufkin Police Department to report theincident.
When an LPD detective went to the M&B Food Mart to investigate theassault, he talked to an employee at the store, who told him the incident wascaptured on the store's surveillance camera. The employee also said he saw theassault on the video monitor as it was occurring and witnessed Albro chokingthe victim.
The second assault occurred on Dec. 5, according to the arrest affidavit forthat charge. On that day, the same victim from the previous assault was drivinghis truck down Culverhouse Street when Albro allegedly pulled his pickup infront of the victim's, preventing from traveling further down the street.
Because the victim already had his window down, Albro walked up to him andallegedly started yelling. Reportedly, Albro then tried several times to punchthe victim in the face, the affidavit stated. Although the other man was ableto 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, theman drove off and went around Albro's truck. The victim told Lufkin Policeofficers that he believes Albro would have injured him more if he hadn't drivenoff, the affidavit stated.
According to the affidavit, the victim's right eye was swollen. A crimescene tech took pictures of the man's eye, and they were turned in as evidence.