Three women were sentenced in the 8th Judicial District Court this week, one on an aggravated assault of a peace officer charge and two on controlled substance charges, according to the district attorney’s office. A Cumby man was also taken into custody in district court Wednesday for bond forfeiture.
Megan Michelle Smith was sentenced Monday on an aggravated assault of a peace officer charge.
A 12.45 agreement refers to Section 12.45 of Texas Penal Code which allows a defendant to admit during a sentencing hearing to guilt of one or more unadjudicated offenses and request the court to take each into account in determining as sentence for the offense or offenses of which the defendant stands adjudged guilty. While considered, the unadjudicated offenses are dismissed.
The charge stems from a Nov. 15, 2020, traffic stop in which Smith was accused of slashing at deputies with a knife, causing bodily injury to one officer when the officers attempted to taken her into custody on a Travis County warrant for assault of public servant – EMS personnel. She then began striking and attempted to bite another deputy when he applied a tourniquet to a wound she had, while awaiting arrival of EMS personnel. Smith and the first officer were treated at the hospital. Upon Smith’s release, she received an escort to the county jail, where she’s remained ever since for aggravated assault of a peace officer, assault of a peace officer, failure to identify and on the Travis County warrant.
The 31-year-old Savannah, Georgia woman originally faced two charges aggravated assault of a peace officer and assault of a peace officer. However, as part of a 12.45 agreement, Smith pled open to the court May 10, 2021, on the aggravated assault charge, and the district attorney’s office dismissed the non-aggravated assault charge.
At the time she committed the Hopkins County offenses, Smith was on probation out of Travis County for the assault of a peace officer charge. Assistant District Attorney Matt Harris argued for prison time. She was ultimately sentenced May 10 to 12 years in Texas Department of Criminal Justice. Because this is an aggravated case, the defendant must serve 6 years before becoming eligible for parole.
Misty Lynn Cribbs arranged to plead guilty before the court Tuesday as part of a 12.45 agreement. She was accused on two counts of possession of 4 grams or more but less than 200 grams of a Penalty Group 1 controlled substance.
The charges followed a traffic stop Sunday afternoon, Oct. 25, 2020, on East Industrial Drive. Recognizing the driver as a woman with no driver’s license and no insurance on the vehicle, and following up on information that a woman associated with the SUV was involved in the sale and distribution of narcotics, deputies had her step out so they could search the vehicle. The 46-year-old Sulphur Springs woman allegedly clutched a yellow purse she was told to leave in the vehicle unless she agree to let them search it for weapons. She got upset, then allegedly admitted to having contraband, methamphetamine in the purse. They found 10.21 grams of suspected meth and other paraphernalia, officers alleged in the 2020 arrest reports.
Cribbs, who is also known by Misty Lynn Stout, was allowed to call her a woman identified as her roommate at a motel where she had been staying so the other woman could collect the SUV. She said she didn’t think there was contraband in their room and agreed to let the deputies search it. The other woman reportedly escorted a deputy inside, where he alleged seeing what appeared to be a small amount of meth on a plate by the bed and finding more of the substance elsewhere in the room. Cribbs was charged with an additional possession offense for the 5.3 grams of suspected meth reportedly found in the motel room. She has remained in Hopkins County jail since her arrest on Oct. 25, 2020.
Pursuant to TPC 12.45, one of Cribbs’ cases was dropped; she was sentenced May 11, 2021, in the 8th Judicial District Court to 10 years of deferred probation and a $1,000 fine on the other possession of controlled substance charge. As a condition of probation, she is required to complete an intensive residential drug rehabilitation program.
Cheyenne Nicole Carter was taken into custody Tuesday, May 11, 2021, in the 8th Judicial District Court after being sentenced on a controlled substance charges.
Carter was accused on possession of less than 1 gram of a Penalty Group 1 controlled substance on July 15, 2020.
Early Wednesday morning, July 15, 2020, Carter was stopped on Hillcrest Drive by police and displayed signs of nervousness. She reportedly agreed to let the policeman search her car, then admitted to being in possession of methamphetamine. She was released from jail later that day on a $5,000 bond on the charge. Carter was indicted in February 2021 on a possession of controlled substance charge.
The 26-year-old Sulphur Springs woman made arrangements to plead guilty before the court on May 11, 2021, on the July 15, 2020 charge. She was sentenced to 5 years deferred probation, and required to attend and successfully complete the intermediate sanctions facility drug rehabilitation program as a condition of probation, according to the ADA. Carter was taken into custody on May 11 to await transfer to the ISF to complete the program.
Billy Clay Kirby was taken into custody in the 8th Judicial District Court at 11:30 a.m. Wednesday, May 12, 2021, for bond forfeiture on tampering with physical evidence with intent to impair and possession of controlled substance charges. He was escorted by jail staff to Hopkins County jail, where he was held without bond on both charges.
The 51-year-old Cumby man was arrested June 15, 2019, on the tampering and controlled substance charges after Cumby police located a baggy with a white crystal-like substance the officers believed to be methamphetamine in the rear floorboard and a marijuana cigarette in a child’s toy in rear of the vehicle during a traffic stop. The other occupant of the vehicle alleged Kirby ate illegal contraband believed to be methamphetamine as they were being pulled over and threw illegal contraband out the front passenger window. A large piece of white crystal-like substance believed to be methamphetamine was found on Kirby’s shirt as well, police alleged in the 2019 arrest reports. Kirby was released from jail July 20, 2019, on a $10,000 bond on the tampering charge and a $5,000 bond on the other.
Kirby then was indicted November 2020 on both charges as well.
