LUFKIN, TX (KTRE) - Following a pre-sentencing investigation, one of the four men involved in the 2011 gang rape of a 16-year-old girl in Hudson agreed to a plea bargain deal just before the judge was about issue his sentence Monday morning.
Timothy Joseph Headley, 24, accepted a plea bargain deal of two concurrent six-year terms in the Texas Department of Criminal Justice prison system for two felony charges, a motion to revoke probation for aggravated sexual assault of a child and failure to register as a sex offender.
He appeared in Judge Barry Bryan's 217th Judicial District Court Monday for his sentencing hearing.
Layne Thompson, an assistant district attorney for Angelina County, said because Headley made the plea deal, he has waived his right to an appeal or a grand jury trial. Because the prison terms are concurrent, Headley will be serving them at the same time.
He was arrested back in February for failing to comply with sex offender registration guidelines.
According to an arrest affidavit, the Sex Offender Registrar with the Angelina County Sheriff's Office noticed that Headley had failed to comply with the sex offender registration requirements outlined in the Texas Criminal Code. He allegedly failed to verify his address and update his employment status in October 2013. Dustin Fore, a supervisor with the Angelina County Adult Probation Department, said that Headley also failed to pay court-ordered fines, failed to participate in sex offender treatment, and subscribed to online services.
Fore said that authorities had tips that Headley was in the Nacogdoches area, but they could never pin down an exact address. Someone spotted Headley at the Diboll Depot and called the ACSO, Fore said. Headley was arrested at that location on Feb. 23.
The ACSO contacted Headley's probation officer with the Angelina County's Adult Probation Department and contacted Headley's probation officer, who in turn, contacted Headley. On Nov. 4, Headley came to the Angelina County Sheriff's Office and updated his address and employment information.
Headley signed paperwork outlining his duties and requirements as a registered sex offender. The ACSO sergeant instructed Headley to contact the Hudson Police Department to transfer his registration information.
However, when the ACSO sergeant checked the sex offender Web site, he learned that Headley had still not reported to the Hudson Police Department in person to verify his information. He also learned that Headley was not living at the address that he had reported in November 2013.
When the ACSO sergeant looked into Headley's employment history, he learned that the convicted rapist had allegedly failed to report changes in his employment status twice in 2013 - once in May and once in August - within seven days. Headley also allegedly failed to verify his information in person to the Hudson Police Department.
This is the second time that Headley has found himself behind bars again. In September 2013, he was arrested and placed in the Angelina County Jail for a laundry list of probation violations.
Fore said in a previous East Texas News story that Headley failed to attend sex offender therapy nine different times, and he accessed online services by using Facebook on at least two separate occasions.
In addition, Fore said that Headley failed to report to his probation officer twice and failed to pay on his court-ordered fees as directed by the rules of his probation.
Headley and another of the four men who took part in the gang rape, Adrian Eugene Moreland, pleaded guilty to various felony sex offenses on April 29, 2013. Headley pleaded guilty to sexual assault of a child and Moreland pleaded guilty to sexual assault.
Both men received five years probation and were required to register as sex offenders. In addition, they were each required to pay a fine of $500. According to a previous East Texas News story, Headley and Moreland would have been able to ask the district judge for permission to stop registering as sex offenders if they had complied with the conditions of their respective probations.
Earlier this year, Headley and Moreland waived their rights to jury trials. Had they not pleaded guilty, they would have each faced a bench trial.
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."