NEW BOSTON, Texas -A 64-year-old Texarkana man was sentenced to life in prison Wednesday for aggravated sexual assault of a child at the end of a trial in Bowie County.
Jimmy Lee Mathis was also assessed a maximum $10,000 fine.
"In the minds of our jury this defendant crossed the line when he molested a 10-year-old child," First Assistant District Attorney Mike Shepherd said. "He has been in the criminal justice system since the early 1970s, and we are pleased his incarceration will prevent him victimizing anyone else."
The victim, now 13, testified that she and her family lived near Mathis in an apartment complex in the 800 block of Main Street in Texarkana, Texas, 2014 and 2015.
Under questioning by Assistant District Attorney Katie Carter, the girl testified that her mother became friends with Mathis and his wife through their attendance at Church Under the Bridge. The girl testified that Mathis gave her cash and small toys and recalled specifically a plastic car missing a wheel.
One day Mathis led the young girl by her hand to a secluded area between the side of an apartment building and a white lattice fence covered by trellised greenery, the girl testified. She said Mathis then told her to pull down her pants and completed the task himself when she refused.
The victim testified that Mathis assaulted her with his fingers.
"He said, 'If you tell anybody I will kill you and your family,'" the victim testified. "I believed him."
The girl said Mathis showed her paperwork indicating he'd once been charged with murder. The girl said Mathis repeatedly assaulted her in this way and would at times expose and touch himself in front of her.
While the jury was told by retired Texarkana, Texas, Detective Scott Sartor, the lead investigator on the case, that Mathis has a 2011 conviction for misdemeanor promoting prostitution, they did not hear of other convictions, some dating back to the 1970s, until the punishment phase of trial. Sartor now works as an investigator for Bowie County Sheriff's Office.
The girl eventually told her mother of the allegations in April 2017. The mother contacted authorities and an investigation was launched.
Jessica Kelley, a forensic interviewer with the Texarkana Children's Advocacy Center, testified that the girl's delayed disclosure of abuse is common and that approximately 90 percent of child sexual abuse victims are familiar with their perpetrator.
Mathis steadfastly denied the allegations under questioning from Texarkana defense lawyer Jeff Harrelson and under cross examination by Shepherd.
After the defense rested, the state asked 202nd District Judge John Tidwell to allow them to recall Sartor as a rebuttal witness. Under questioning by Harrelson, Mathis testified that he had never been to prison. Shepherd said Sartor could testify that Mathis was arrested in July 1970 for homicide but there was no conviction.
Tidwell ruled the testimony inadmissible.
During the punishment phase of trial the jury heard testimony concerning Mathis' prior criminal history. Mathis' past includes convictions dating back to 1971 for armed robbery, theft, possession of a controlled substance, delivery of marijuana and several misdemeanor offenses.
During closing arguments Carter asked the jury to recall the victim's demeanor on the witness stand as she came face to face with her abuser.
"Did you see her lips quivering? She was shaking when I sat down (after questioning her) and she was in direct sight of Mr. Mathis," Carter said. "It was only after she moved away from Main Street that she had the courage to tell her mom."
Harrelson argued that the case is a "he said, she said" and that the state had not met the burden of proof beyond a reasonable doubt.
Shepherd reminded the jury that Mathis "laughed and chuckled" during his testimony.
"Observing his demeanor and observing the child's demeanor should tell you everything you need to know about this case," Shepherd argued. "One man is laughing and you have a child in tears."