LUFKIN, TX (KTRE) - A 34-year-old Lufkin man accepted a plea bargain deal of 10 years of deferred adjudication for sexually assaulting a 15-year-old girl.
Daniel David Pina appeared in Judge Bob Inselmann's 217th Judicial District Court for a plea hearing Wednesday, according to Bill Agnew, his defense attorney. As part of the plea deal, Pina pleaded guilty to two counts of second-degree felony sexual assault.
Basically, deferred adjudication is the same thing as probation. However, if Pina stays out of any more trouble with the law in the 10-year period, the sexual assault charges will never show up on his criminal record.
Angelina County Sheriff's deputies arrested Pina in June of 2014. According to the arrest affidavit, Angelina County Sheriff's deputies responded to a report of a sexual assault that occurred at a residence on Bailey Drive on June 11. When they arrived on the scene, the complainant told them that after she left her niece at home for a few hours, she returned and found the front door locked.
The aunt looked through the house, and found the 15-year-old girl in her child's bedroom. When she opened the door to the bedroom, Pina was in the process of pulling up his shorts, according to the affidavit.
When the aunt asked the girl what she was doing, the victim admitted to performing a sexual act on Pina, the affidavit stated.
The girl was taken to the Harold's House Children's Advocacy Center in Lufkin for a forensic interview the next day. During the interview, the victim said she and Pina made plans to have sex the day before when everyone was gone from the residence, according to the affidavit.
The victim told the interviewer that she performed a sexual act on Pina before the two of them had sexual intercourse.
According to Texas criminal law, a minor under the age of 15 cannot legally give consent to have sex.