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Wednesday, August 13, 2014

More thoughts on habitual offenders; St. Mary's Law student getting some real world experience - as murder defendant! Federal Judge Busted for Wife Beating

More thoughts on repeat and habitual offenders

The local paper today ran an article about one Samuel 'Mustard' Stewart, Jr., who was recently arrested for the 46th time in Kerrville. His record range from petty misdemeanors like minor thefts and lewd conduct (lewd behavior/indecency) to burglary of a habitation. He has multiple state jail felony convictions, and has been to prison. Here is my question - what in the hell is the 'three strikes' law suppose to be used for? If not a criminal like Mr. Mustard, then who?

Depending on the prior offenses, a habitual state jail offender can get sentenced between 25-99 years in prison, or at least for a second degree felony (2-20 yrs). In 2009 Mustard got probation for burglary of a habitation - a second degree felony. Of course he violated the probation terms. The consequence - two years prison sentence.  He was sentenced on Oct. 9, 2009 and paroled out less than two months later!

So here we have a 6'2'' 225 pound dick wagger (as Rust Cohle called them in True Detective) who breaks into people's homes, arrested 45+ times, and let free again and again to prey on the people of Kerr County.

St. Mary's Law student arrested for double murder and arson

Here's a story about a future lawyer off to a great start: St. Mary's law student arrested on Louisiana murder charges
The S.A. Express reports:
'A St. Mary's University law student will be getting his day in court. University police arrested Matthew Edward Alexander, 29, on Tuesday night on warrants out of Monroe, Louisiana for two counts of murder and two counts of arson.

'Alexander, who was about to start his second year of law school, was arrested at the Center for Legal and Social Justice, where he had just left a class, said Andrew Festa, university spokesman.'

This is not his first run in with the law. 'Alexander's criminal history includes marijuana possession charges in Bee County and in San Marcos, and an evading arrest charge in San Marcos, all between 2003 and 2006, records show.'

This makes me wonder what kind of admissions program St. Mary's law school is running.

Federal Judge Busted for Wife Beating

Here's a story from Abovethelaw.com about a naughty federal judge, thankfully not one in Texas:
Federal Judge Allegedly Has Affair With Law Clerk, Goes To Jail Over Domestic Violence Incident
'Judge Mark Fuller of the Middle District of Alabama spent a night in jail after he allegedly had a violent altercation with his wife, Kelli Fuller. The Fullers were staying at the Ritz-Carlton in Atlanta, Georgia, when all hell broke loose — as tends to happen when accusations of marital infidelities are mixed with alcohol.'


  1. What I want to know about the Habitual Offender Samuel Lee Stewart Is why does the Judges and DA keep giving this Man just small slaps on the wrist?? Most of his crimes are here in Kerr county and has gone before the same Judge and Da Most of the charges listed under Kerr county Public records ,why wouldn't they finally say enough is enough? Maybe this is why he keeps offending knowing that he wont get much time. Why wouldn't they finally name him a Habitual offender and prove him wrong! Whats wrong with this Justice system in Kerrville? As long as they keep giving such small amounts of time people like Mr. Stewart the crime will cont!

  2. "What is wrong with the justice system in Kerrville?"

    That requires a long answer, but the short story is we have allowed LE to recreate itself as a for profit business, with all the typical functions of a business which are mainly growth and profit. If you doubt this just go to the second floor of the newly renovated Schreiner Store building and take a look around.

    Problem #1) The Police are hell bent on growth, no matter what. The Sheriff has been pitching, ad nauseaum, a large taxpayer funded expansion of the jail. Buried in the fine print of at least on at least one historical proposal for expansion is that he gets a very big raise because the larger jail with place more duties on him. More prisoners = more cash directly in the pocket of the big guy. The police fuel crime here through the "invisible" CI system, which is off limits to oversight. More crime = growth and profit.

    2) The defense lawyers - Some, but not all of the local defense lawyers can be good salesmen, but poor lawyers. These types will ask for six figures up front for a poorly defined defense and will ultimately do nothing but meet the minimum BAR requirements to avoid a refund. They are lazy and unethical. They feed the system, and are an embarrassment to the practice of law.

    3) A political super-majority - 79 to 82% of all votes cast here are Republican. There is no opposition or oversight. Why would anyone in their right mind take on this overwhelming machine. Richard Ellison did it and they hate him for it, although his actions greatly benefited the community.

    I see you have removed some earlier comments. That makes me wonder if applying critical thinking to the local power structure can cause retaliation.

  3. I agree with #2 paragraph above. We need more attorneys like Richard Ellison to come to Kerr County and clean out the sludge. It is travesty of justice that these attorneys are allowed to rip people off in need and basically do nothing but collect their money.

  4. Two other cases come to mind along this line. In one case a man was arrested 18 times since 1991 for crimes consisting primarily of assault, and DWI. His crime spree ended in 2013 when he was charged with murdering his girlfriend. In the second case a man was arrested 14 times since 2005 for crimes consisting of assault, burglary,and unauthorized use of a motor vehicle. His crime spree ended in 2011 after he kidnapped a woman at knife point.
    I've heard it referred to as "resume building." That is to say that local authorities allow these criminals to rack up an outstanding amount of petty crimes so that when they finally do something major they'll be able to send them away for a long time. Of course the problem with this"resume building" is the victims it leaves in its wake.