LUFKIN, TX (KTRE) - A 34-year-old Lufkin man accepted a plea bargain deal of eight years in a Texas Department of Criminal Justice prison for violating the conditions of his probation for a third-degree injury to a child offense that occurred in October 2012.
Cesar Alba also accepted a plea bargain deal of 5 years in prison for his third driving while intoxicated charge, a state-jail felony. Alba appeared in Judge Barry Bryan's 217th Judicial District Court Tuesday, according to Layne Thompson, an assistant district attorney for Angelina County.
Thompson said Alba's two prison sentences will run concurrently, or at the same time.
Dustin Fore, a supervisor with Angelina County's Adult Probation Department, said that a violation report was filed by Alba's probation officer after he was arrested on his third DWI offense. In addition, Alba didn't pay court-ordered fees and failed to attend a batterer's intervention and prevention program.
According to the arrest affidavit issued by the Precinct 1 Justice of the Peace office, the incident occurred at a residence in the 1000 block of Dunlap Street in Lufkin on Oct. 21, 2012. The victim, her two sisters, and her brother were at the residence with their mother's live-in boyfriend, Alba, at the time.
"The victim got in trouble for arguing with her sister, and Cesar came over to her and grabbed her by the hair and began pulling her into the living room," the affidavit stated. "Cesar then grabbed the victim by her left arm and squeezed and twisted it, leaving marks and bruises on her arm and causing pain to the victim. He then threw her to the floor and began hitting her head on the wall, causing pain and injury."
When the 10-year-old girl went to school the next day, her teacher saw that the child's arm was swollen and bruised. The teacher asked the victim about it, and the little girl told her about her mother's live-in boyfriend assaulting her.
LPD Detective David Cross and a Child Protective Services representative went to the school to get a statement from the little girl, who said that Alba had assaulted her. Cross and the CPS worker took pictures of the victim's injuries, which included a swollen and bruised left wrist, a cut on her left elbow, and a cut on her left shoulder area.
The LPD detective and the CPS worker interviewed the mother after she was called to the school. She told them that she was going to take her daughter to the emergency room for X-rays to see if her arm was fractured. In addition, Cross and the CPS worker interviewed the victim's three siblings at Lufkin Middle School, and they all backed up the girl's story.