Trial date set for woman accused of sexual abuse

A New Boston, Texas, woman accused of sexually abusing a 13-year-old boy in 2014 is scheduled for trial next month.

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Junior offensive lineman Rob Dowdy and his mother visited the Hogs for the Texas A&M game.

Kimberly Elaine Mitchell, 37, appeared Wednesday morning before 102nd District Judge Bobby Lockhart with Texarkana lawyer Jeff Harrelson for a pretrial hearing at the Bi-State Justice Building in downtown Texarkana. Lockhart recently appointed Harrelson to assist Texarkana lawyer John Stroud, who is recovering from illness.

"This case is getting older and older," Lockhart said before scheduling Mitchell for jury selection Sept. 13 at the Bowie County courthouse in New Boston.

Assistant District Attorney Kelley Crisp mentions prior discussions with Stroud concerning Mitchell's case.

"At one point we were talking about having a punishment-only trial," Crisp said.

That means Mitchell would enter pleas of guilty to the charges pending against her but allow a jury to decide her punishment. Defendants who are unwilling to accept a plea bargain offer from the state may elect to go such a route in hopes of getting a better result from a jury. Harrelson said he intends to discuss the issue with Mitchell and plans to meet with Stroud to discuss the defense's strategy.

Lockhart scheduled the case for a final pretrial hearing Sept. 7.

"That gives you a little over a month to hash that out," Lockhart said.

The state's evidence against Mitchell allegedly includes texts and photos sent via text messaging which strongly imply guilt, according to a probable cause affidavit used to create the following account. Mitchell faces two counts of aggravated sexual assault of a child and a single count of sexual assault of a child. Each of the two counts of aggravated sexual assault of a child is punishable by five to 99 years or life in prison. Sexual assault of a child is punishable by two to 20 years in prison.

The aggravated counts involve sexual misconduct Mitchell allegedly engaged in with the boy when he was 13, and the sexual assault charge involves misconduct Mitchell allegedly engaged in with the child when he was 14.

Mitchell's alleged crimes came to the attention of New Boston police investigators after the boy's parents were made aware by another child. The boy told police he became acquainted with Mitchell because of his friendship with Mitchell's daughter. Mitchell allegedly began sending sexually graphic text messages to the boy in April 2014.

The following month, when the boy was home sick from school, Mitchell allegedly came to his house and had sex with him while his parents were away. Several days later, May 23, 2014, Mitchell allegedly picked the child up and took him to the Tex Inn motel in New Boston for sex. Mitchell also allegedly drove the boy to Scrapp Miller Park in New Boston and had sex with him in her car June 6, 2014.

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