Posted on 06/07/2002 6:32:50 AM PDT by wkcoop
GEORGETOWN — David Bryan Ballard got a life sentence because he didn't sign on the dotted line.
Ballard, who failed to register as a convicted sex offender when he moved to Williamson County last year, was convicted for that omission Tuesday and sentenced Wednesday to life in prison. Ballard faced from 25 years to life because he had already been to prison twice, for sexual assault of a child and possession of a prohibited substance in prison.
The 45-year-old had rejected a plea agreement in which he would have received an eight-year prison sentence. He is the first sex offender sentenced to life in Williamson County for failing to register with police.
"That's the highest sentence I've ever heard," said Bryan Collier, director of the parole division of the Texas Department of Criminal Justice. "We've had instances where we have an offender who failed to register and we take action, but the prosecutors fail to prosecute — not in Williamson County, but in other counties."
Collier's department does not keep statistics on the number of sex offenders serving life sentences. Without the increased penalty because of the previous convictions, failure to register as a sex offender is a third-degree felony punishable by two to 10 years in prison and a maximum $10,000 fine.
Although Ballard had registered in Brown, Travis and Bastrop counties, he testified that he didn't know he was required to continue registering after he had been taken off parole. But jurors learned that Ballard had received at least three written notices informing him that he was required to register for the rest of his life, his lawyer, Bill Hines, said.
Ballard last registered in 1999, court records show. He told police he moved to Williamson County on Feb. 10, 2001.
Cases involving sex offenders who fail to register rarely go to trial because they are typically open-and-shut, said District Attorney John Bradley, whose prosecutors handle between 10 and 20 such cases each year.
"It's sort of like an escape — he was either in his cell or he wasn't, so for registration, he either registered or he didn't," Bradley said. "Most defendants have enough sense to plead guilty and take our recommen- dation."
Hines urged the jury to impose the minimum sentence.
"One of the things I argued to the jury was, 'All he did was fail to sign a piece of paper,' " Hines said. "I think they heard 'sex offender' and 'habitual criminal,' and that's all they needed to hear. They had zero sympathy for him."
The outcome surprised even Bradley, whose office is known for tough prosecution and for generating lengthy sentences.
"I suspect the jury was bothered by two things," Bradley said. "One, he got on the stand and lied to them about not knowing that he was supposed to register. When a child molester gets on the stand and lies about something that helps protect him against molesting future children, that bothers them."
Ballard also didn't seem to treat his conviction for child sexual assault seriously, Bradley said.
Ballard was living in a house in Taylor where crack cocaine was sold when he was arrested Nov. 29, for failing to register with police, his lawyer said. Ballard's name came up during a drug investigation, leading police to check his record.
Ballard had been placed on deferred adjudication, a form of probation, in 1991 for sexual assault of a child in Travis County. Ballard's probation was revoked because he violated the conditions of his supervision, and he was sentenced to six years in prison. After his release, Ballard was required to register as a sex offender within seven days and update his registration every year.
Ballard plans to appeal the verdict, Hines said.
Not only is his a sicko perv, but he's aslo dumber than a bag of hammers, too.
No kidding!
"Bother" is such a mild word. How about: drives them madly insane so that they want to throw the creep in prison for the rest of his freaking life? Whew, I feel better now.
The prosecutor who agreed to this plea and the judge who signned off on this should both go into work they are more suited for- like picking up cigarette buts along the highway. What a bunch of morons!!!
The prosecutor who agreed to this plea and the judge who signned off on this should both go into work they are more suited for- like picking up cigarette buts along the highway. What a bunch of morons!!!
I'll have you know that the hammer is considered to be the genius of the workshop tool family...
"One of the things I argued to the jury was, 'All he did was press his right index finger a few times against the trigger.' I think when they heard 'mass murderer' and 'shooting everyone in the Quicki-Mart' that's all they needed to hear."
I agree maeng, we folks here in Williamson County take a real dim view of crime in general, but particularly can't stand people messing with kids!
Lock him up & throw away the key....after all, life in prison is 'no big deal'. :)
For anyone who wants to see details and a pic of the perv:
http://records.txdps.state.tx.us/soSearch/soDetail.cfm?ShowNav=False&dps_number=02069224
Not sure why you are bringing this up now. Having registered only today? You obviously have a bone to pick with the judge.
By the way, here is the latest:
http://www.3rdcoa.courts.state.tx.us/opinions/htmlopinion.asp?OpinionId=12803
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