Jury lets off man who had pleaded guilty to assault

NEW BOSTON, Texas-A man who pleaded guilty last month to sexually assaulting a woman was acquitted of the crime by a Bowie County jury at the end of a one-day trial Wednesday.

Bennie Joe Nelson, 38, aka "Hulk," pleaded guilty to second-degree sexual assault Oct. 17 as part of a plea bargain that included sex offender registration and a 10-year term of felony probation negotiated between Bowie County Public Defender Chad Crowl and Assistant District Attorney Lauren Richards. At the plea hearing, Nelson answered, "yes," when asked if he was pleading guilty because he is guilty and for no other reason.

In cases where probation is recommended on a felony offense, a pre-sentence investigation meant to aid the judge at sentencing is routinely ordered and sentencing occurs at a later date. Nelson's case was scheduled for formal sentencing Monday. However, 5th District Judge Bill Miller rejected Nelson's plea agreement. The case was scheduled for jury selection the following day.

A jury was chosen Tuesday at the Bowie County Courthouse in New Boston, and Nelson's trial began and ended Wednesday. Nelson left the courthouse a free man after a jury of six men and six women returned a verdict of not guilty Wednesday afternoon. Nelson did not testify in his own defense.

Crowl argued in closing remarks that the alleged victim, who was 27 when she claimed she was assaulted by Nelson in her home May 3, 2015, was untruthful and unreliable.

The alleged victim claimed she was sleeping in her bed in a trailer she shared with her father in New Boston when Nelson came in her bedroom, pulled down his pants, pulled down her pajama pants, and sexually assaulted her with his hands. The woman's father testified Nelson is the father of one of the victim's cousin's children and that he let him in the house because he asked to use the bathroom.

Nelson's accuser said she was afraid of Nelson and told her father everything was fine when he knocked on her bedroom door during the alleged assault because she didn't know what to do. The woman's brother testified his sister told him about the alleged assault May 8 and that he sucessfully encouraged her to go to the police.

Barry Jewel testified he was a New Boston police officer when Nelson was arrested. Jewel said Nelson attempted to hang himself in a holding cell in New Boston and that Nelson threatened to throw himself out of his police cruiser during a drive to the Bi-State Justice Building in Texarkana. Richards argued that the suicidal behavior showed "consciousness of guilt" on Nelson's part.

Crowl argued that without any physical evidence, the case boiled down to whether the jury believes the woman. Crowl argued that the woman's account "just doesn't hold water" and implored the jury to acquit.

Richards and Assistant District Attorney Kelley Crisp argued that the woman had no reason or motive to create a story that ended with being grilled by Crowl on the witness stand. The state argued that DNA testing of the woman's clothing or bedding would likely have proved fruitless considering the allegations did not include Nelson leaving bodily fluids.

Crowl argued that convicting Nelson of second-degree sexual assault based on the testimony of a woman with a history of theft and drug abuse with no supporting physical evidence would be a miscarriage of justice.

"We know the unique challenges these types of cases present to 12 Bowie County citizens," Crowl said. "We appreciate the time and attention the jury gave to this difficult case."

 

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