A local jury has decided a 38-year-old man who severely beat a woman during a burglary should spend 55 years in prison and pay a $7,500 fine.
The victim used her cell phone to make an audio recording of the attack and the recording was played during the trial this week before 128th District Judge Courtney Arkeen.
David Dewayne Garrett, who was convicted, has previous convictions and was not eligible for probation. Assistant District Attorney Phillip Smith said the prior convictions enhanced the burglary charge to a first degree felony. Punishment for a first degree felony is five to 99 years in prison.
The break-in was on December 26, 2016, at a house in the 2700 block of Byley Street in Orange. Garrett knew the woman. He beat her with pots and pans and the jury was able to hear the sounds of the assault.
Garrett then stole the phone. It recorded him walking across town to his mother’s house. The jury could even hear the traffic on 16th Street as he was crossing.
The recording was left on for a couple of more days. Smith said Orange police asked the victim to text the phone and Garrett answered. They then knew where he was. Even though he tried to hide from police when they arrived, he was eventually arrested.
The victim moved from Orange, but took the stand to describe the attack.
Smith said Garrett was originally indicted for burglary and sexual assault. The sexual assault charge was dropped to pursue a first degree felony burglary conviction. The jury was not allowed to hear information about the sexual assault.
Scum bag! Why leave out the sexual assault???
Because sexual assault doesn’t carry as big of a sentence.