Posted 1:39 am Thursday, June 18, 2009
Child Sex Offender's Probation Revoked
EDITOR'S NOTE: The name of the victim is not identified to protect her identity.
By CASEY KNAUPP
Staff Writer
Marcus Willis, convicted of indecency with a child by a Smith County jury in March, had his probation revoked Wednesday because he lived too close to Lindsey Park - a place where children gather to play.
Staff Writer
Marcus Willis, convicted of indecency with a child by a Smith County jury in March, had his probation revoked Wednesday because he lived too close to Lindsey Park - a place where children gather to play.
On March 5, a jury in 7th District Judge Kerry Russell's court found the 37-year-old Tyler man guilty of indecency with a child by sexual contact for repeatedly touching a 14-year-old girl inappropriately. The jury sentenced him to 10 years of probation and decided that if he violated the terms and conditions, he could be sentenced up to 10 years in prison and a $5,000 fine. That's exactly the punishment Russell handed down to Willis Wednesday after revoking his probation.
David Wood, Willis' probation officer, said when he determined Willis lived on Paula Drive, he knew the house was within 500 feet of Lindsey Park, which would be a violation of his probation because sex offenders cannot reside within 500 feet of a place where children commonly gather. Wood said Willis, who lived with his parents there, also had his juvenile nephew living with him at first but the child moved.
David Wood, Willis' probation officer, said when he determined Willis lived on Paula Drive, he knew the house was within 500 feet of Lindsey Park, which would be a violation of his probation because sex offenders cannot reside within 500 feet of a place where children commonly gather. Wood said Willis, who lived with his parents there, also had his juvenile nephew living with him at first but the child moved.
He said he repeatedly told Willis on several visits that he could not live there and he needed to move so his probation would not be revoked. He said the defendant told him he had no place else to go and Wood didn't think Willis looked for another place to live.
Wood said he measured the distance from Willis' fence line to the end of the Lindsey Park property with a portable GPS unit and it was 363 feet. He also checked the distance on the Smith County Appraisal District's Web site, which measured it at 354 feet.
On April 23, Wood filed a probation violation report and said it was Willis' responsibility not to violate his probation by where he lives. He said Willis complied with all of the other conditions, such as registering as a sex offender and beginning sex offender treatment.
On April 23, Wood filed a probation violation report and said it was Willis' responsibility not to violate his probation by where he lives. He said Willis complied with all of the other conditions, such as registering as a sex offender and beginning sex offender treatment.
Defense attorney Reeve Jackson called his father and federal prosecutor, Alan Jackson, to testify.
Alan Jackson said he helped his son measure the distance between Willis' house and Lindsey Park with a tape measure a couple of months ago and they came up with 432 feet.
The defendant testified Wood told him his home "might" be within 500 feet of the park and would let him know if he needed to move after Wood measured it. He said he made plans to live with a reverend if he needed to but Wood never told him he had to move. He said he was depending on his probation officer to tell him and it was Wood's responsibility to know.
During closing arguments, Assistant District Attorney Greg Cole said he believed the jury gave Willis probation because there were stringent conditions he would have to abide by to protect the community. He said not residing within 500 feet from a place where children gather is a very important condition and Lindsey Park has sporting events and playgrounds for kids.
Reeve Jackson said there was no dispute Willis lived within 500 feet of the park but he pleaded not true to the violation allegation because Wood told him he "might" be in violation of his probation and never told him to move. He said Wood's testimony was not entirely clear and his measurements were off so the defendant didn't know he couldn't live there. Jackson asked why Willis would do everything else he was required to do but that when he had another place he could stay.
Assistant District Attorney Richard Vance said Wood never gave Willis any permission to continue living at the residence. He said maybe Willis was only not following that rule, which might be the most important rule, because it was the one that kept him away from children. He asked the judge to revoke his probation and sentence him to the maximum 10 years in prison.
Russell said the evidence was undisputed that Willis lived too close to the park and on March 10, his trial attorney Erick Platten filed a motion asking permission for Willis to remain living there, which clearly shows Willis knew then it was a violation. Russell said Platten never took any steps to urge the motion. The judge said staying away from children was a critical part of his conditions and he imposed what the jury's verdict was.
Willis originally faced two to 20 years in prison for the Jan. 31, 2008 incident.
The victim, now 15, said Willis touched her inappropriately several times. She told her sister what happened and her sister told her mother but she didn't think her mother believed her. The victim detailed other times when she said Willis touched her inappropriately or made sexual comments to her.
Another 14-year-old girl testified she was friends with the victim and that when she was at her house, Willis made sexual comments to her several times.
