TEXARKANA, Texas - A man being held in the Bowie County jail as he awaits trial for an alleged hate crime is now accused of illegally possessing cellphones while in custody.
Charles Mitchell Patton, 26, who goes by Mitch, has been in jail since his August 2019 arrest for injury to a child now charged with a hate crime enhancement. Jail staff allegedly noticed an extension cord coming from Patton's cell Oct. 8 and discovered two cellphones following a search of his bunk.
Patton is expected to go to trial on a charge of injury to a child next year.
Patton allegedly stopped his pickup the afternoon of July 28, 2019, as he traveled along the 200 block of Center Street in New Boston, Texas, according to a probable cause affidavit. Patton allegedly approached a 14-year-old African American boy, who lives in the area, as the teen walked down the street.
Patton allegedly made racially offensive statements before removing his shirt, revealing a chest tattoo of a swastika, before swinging at the boy with a closed fist. The boy reported that he was able to avoid Patton's first punch but the second landed on his face and caused a laceration in the boy's mouth.
Two other white men who were in the truck Patton drove reportedly got out of the truck "to get the suspect away from the juvenile," the affidavit states.
Injury to a child is typically punishable by two to 10 years in prison under Texas law. However, Patton's punishment range is being double enhanced to that of a first-degree felony, five to 99 years or life.
One of the enhancements sought by the Bowie County District Attorney's Office cites the Texas Hate Crimes Act. A second enhancement stems from Patton's status as a previously convicted felon.
Patton is also facing an indictment charging him with possession of marijuana, 4 ounces to five pounds. New Boston police executed a search Aug. 2, 2019, of a house where Patton lived with three other adults, according to a probable cause affidavit in that case. Officers seized five marijuana plants which weighed approximately seven-and-a-half ounces when dried.
The drug offense is punishable by six months to two years in a state jail. If found guilty of possessing a prohibited item in a correctional facility, Patton faces two to 10 years in prison. If convicted of injury to a child and if both enhancements are found true, Patton faces five to 99 years or life in prison.