A 37-year-old New Boston, Texas, woman received a 25-year sentence Friday for sexually assaulting a 13-year-old boy after the victim's parent assured the judge it was their wish.
Kimberly Elaine Mitchell carried a box of tissue Friday morning as she walked into a first-floor courtroom of the Bi-State Justice Building for formal sentencing before 102nd District Judge Bobby Lockhart. Mitchell pleaded guilty to three felonies Wednesday and was scheduled to have a jury decide her fate in a punishment-only trial next week.
But Mitchell decided to take an offer of 25 years instead of facing the possibility of multiple life sentences. Before the hearing began, Lockhart asked the victim's parents if they consented to the plea bargain, which means their teen son will not have to endure the trauma of testifying.
"Ours is an adversarial system. I've seen grown victims leave the witness stand emotional wrecks. This is an adolescent," Lockhart said. "Anytime you can keep a young victim off the stand, that's a good thing."
Lockhart addressed Mitchell's lawyer, Shorty Barrett of Texarkana.
"You were trying to get less for your client. That's your job," Lockhart said, noting that whenever Mitchell's counsel countered the state's 25-year offer, Assistant District Attorney Kelley Crisp responded by saying, "I'm ready for trial."
Lockhart noted that text messages Mitchell sent the boy clearly showed she groomed the boy and carefully prepared for her abuse of him.
"Those text messages would've embarrassed your family," Lockhart said.
Lockhart, whose past includes decades of service as Bowie County's elected district attorney and eight years as a police officer, drilled into the harsh reality of Mitchell's future.
"Factually, I don't think I've ever seen a case like this one," Lockhart said. "You're almost 38 years old. This is not a life sentence, but close to it. In a few minutes, you're going to walk through that door with a deputy, and your life is going to change drastically. You won't be selecting any prom dresses. You won't see your kid graduate from high school. You're going to miss dozens of Fourth of Julys, birthdays and holidays with your family."
Mitchell's tears flowed as Lockhart spoke, and she gripped the lectern in front of her for support. Her daughter, who sat with her father's arm around her shoulders, wept also.
Lockhart told Mitchell that upon release, she'll be required to register as a sex offender and that her picture and address will be published in local media.
"I could have stacked those two aggravated charges, and I probably would have done so if a jury had given you less than 25 years," Lockhart said.
Mitchell received 25-year sentences on each of two counts of aggravated sexual assault of a child and a 20-year term on a single count of sexual assault of a child. All the terms will run concurrently. Mitchell is not eligible for parole until she serves one half of her sentence, at which time she will be about 50 years old. Eligibility for parole does not mean parole will be granted.
Mitchell's text messages eventually led to meetings with the boy at a local motel, in Mitchell's car and at the boy's own home when he was out of school sick and his parents and siblings were at work and school.
Near the beginning of the hearing, Mitchell addressed the victim's family with a statement that made it appear she still has not grasped the trauma of sexual abuse for a teen victim.
"You don't know me or my character, but I would never hurt anyone," Mitchell said. "I was very selfish in what I did. Your family's hurting. My family is too. I just pray someday you can forgive me."
Crisp said Mitchell's actions "violate the core instincts of motherhood-nurturing and protecting-that we all cherish."
"Mitchell instead engaged in a pattern of predatory behavior, with a selfish determination to pursue, groom and abuse this young victim," Crisp said. "Despite the extraordinary difficulty of this case, the victim and his family handled themselves with exceptional dignity and grace."
Crisp praised New Boston, Texas, Police Department for their investigation and said the case should serve as a warning to parents.
"Kimberly Mitchell is the type of abuser we are not likely to see coming and reminds us to be vigilant in the protection of our children," Crisp said.
At the end of the hearing, Crisp told Lockhart the boy's parents prepared a victim impact statement.
"Frankly, judge, they're not doing very well, and they've asked me to read it," Crisp said.
The parents' pain, frustration and anger was evident in their words.
"We just want you to know that by taking advantage of our 13-year-old child, a child who had been your 12-year-old child's elementary school crush, you have changed lives in a way that should never happen to anyone," the statement said. "Our son will never be the same."
The statement spoke as well on the effect of the abuse on the victim's sisters.
"You have placed in their young hearts anger, hatred and mistrust," the statement said.
The parents said their children no longer feel safe in their own home.
"We know a child's worth and know that we were placed here by God to teach and protect our children, to give them a safe home, and that home has been invaded by your evil pervertedness," the statement said. "You have broken our family."
The parents told Mitchell she has stolen time from their family they can never get back.
"You lied and manipulated a child your daughter's age until you were able to do disgusting, vile things to him," the parents said. "Yes, we are very angry, very hurt, very sickened. Those words do not fully explain our feelings or emotions."
The parents told Mitchell they want her to think of her own family, not the victim, during her years in a Texas prison.
"Many people may say they hope you wake up everyday and remember what you have done, but we do not. The last thing we want you to think about is our son. You think about how demented your actions have been. You think about your daughter and husband at home mourning because you did this to them."
The parents said they are glad Mitchell's imprisonment means other boys are safe.
"We pray we will one day be able to forgive," the parents said. "Today is not that day."