McLennan County jail inmate who was sexually assaulted seeks release from jail

WACO, Texas (KWTX) - An attorney for a McLennan County Jail inmate who was sexually assaulted by another inmate while three others held him down earlier this month is asking a judge to reduce his bonds and allow his release.

While three of the four inmates were charged in the assault Friday, Mona Keathley, the 34-year-old victim’s attorney, filed motions seeking personal recognizance bonds or his release on GPS ankle monitor.

The inmate is in jail on two separate charges, but Keathley only represents him on a possession of controlled substance charge for which he pleaded guilty in September and is awaiting sentencing on Dec. 17. He remains jailed on that charge under $100,000 bond.

He also is under a $10,000 bond for an unfiled third-degree felony assault family violence charge for which he has no attorney, according to court records.

The DA’s office has recommended that 54^th State District Judge Susan Kelly sentence the inmate to three years’ probation in the drug possession case. KWTX does not identify victims of sexual assault without their permission. Inmates released on personal recognizance bonds are not required to pay a bondsman for their release but remain under strict conditions, including ankle monitors, curfews and other restrictions.

Chief Deputy Jake Burson confirmed to KWTX last week that the sexual assault in the Jack Harwell Detention Center of State Highway 6 was captured on video.

According to court documents, Davante Trevon Hicks, 22, Joseph Morgan Ivy, 24, and Sirdale Marcus McNelton, 31, all were charged with aggravated sexual assault and engaging in organized criminal activity in the assault of the inmate.

Burson said Friday a warrant has been issued for a fourth inmate on the same charges. However, Burson said his name is being withheld until he’s served with the warrant on the new charges.

Jail records show Hicks was in jail on assault family violence and unauthorized use of a motor vehicle charge, while Ivy is being held on attempted murder, aggravated robbery, possession of a controlled substance and evading arrest charges, according to county records. McNelton previously was in jail on murder and theft charges.

Keathley said her client has been in protective custody in a segregation cell, where she says he has no access to hygiene products or telephone privileges to contact his family.

“Defendant is in extreme emotional distress as a result of the physical and sexual assault and Defendant is unable to communicate with his family or seek medical and psychological care while in segregation,” Keathley’s motions allege.

Keathley said her client has filed formal grievances against a female jailer whom he claims wrongfully announced to other inmates that he is a pedophile and two other jailers who reportedly failed to act after seeing him naked in the cell with other inmates and ignoring his screams and cries that he was being sexually assaulted.

The sheriff’s office has not responded to his grievances, Keathley said.

Burson said last week he is looking into those allegations.

McLennan County District Attorney Josh Tetens said Friday he is not opposed to Keathley’s motion as long as he wears an ankle monitor because his office recommended probation in the drug case.

Keathley said in her motions that if a PR bond is granted, her client, who had a job before he went to jail on July 22, will live with his sister in McLennan County.

“Because of his ties to the community, Defendant is not a flight risk,” the motions state.

Prior to the sexual assault, the inmate was assaulted physically by another inmate, Keathley said. Her request for protective custody for her client after the physical assault was met with a rude response from a jail official, she said.

The victim’s sister told KWTX last week that she believes the assaults were tied to the jailer’s comments to others that her brother is a child molester.

Since the sexual assault, her client has been unable to sleep and is “super stressed,” Keathley said. A doctor approved a nonprescription sleep aide for him, but he has not received it from jail officials, Keathley said.

No hearing date has been set on Keathley’s motions.