Mineral Wells Index, Mineral Wells, TX

October 10, 2008

Two sentenced on drug charges


By Lacie Morrison
lmorrison@mineralwellsindex.com

PALO PINTO – Two Mineral Wells residents were found guilty of narcotics charges this week in the 29th District Court; one man received 35 years while the second man was put on probation.

David Craig Howard, 46, was found guilty on an enhanced charge of possession of a controlled substance in a correctional facility. Typically a third-degree felony, the charge was elevated to that of a habitual offender because of two prior felony convictions – driving while intoxicated and boating while intoxicated, District Attorney Michael Burns said. He said the elevated charge had a punishment range of 25 to 99 years.

The charge stemmed from a Dec. 16 incident when Howard was apprehended by Mineral Wells police following a short vehicle chase in the city. He was booked in the city jail for evading arrest with a motor vehicle and driving while intoxicated where officers reported finding a quantity of methamphetamine on his person.

Burns said the jury deliberated for about 30 minutes before returning a verdict of guilty. Howard opted to have District Judge Jerry Ray assess his punishment.

Ray sentenced Howard to 35 years with the Texas Department of Criminal Justice. The district attorney said Howard would get credit for time served – “just a few days” – and would be eligible for parole after serving one-fourth of his sentence.

The case of the State of Texas versus Cristopher James Moulton, 23, ended Thursday with probation for the defendant for possession of methamphetamine less than 1 gram.

Burns explained Moulton was in a vehicle stopped by a Palo Pinto County sheriff’s deputy who observed the defendant attempting to hide something between the seats. When questioned by the deputy, Moulton handed him a marijuana pipe.

A further search of the vehicle yielded a small quantity of meth, the district attorney said. Moulton entered a plea of not guilty but a jury convicted him of the charge after roughly an hour of deliberation.

Burns said, “The jury assessed 24 months in a state jail facility and a $1,000 fine.”

The sentence was probated, however, because Moulton has not been convicted of a felony prior to this offense. In that situation, Burns explained Ray was required by law to probate the sentence.

Ray suspended the 24 months of confinement and placed him on probation for four years; Moulton is also required to pay the $10,000 fine and as a condition of his probation, serve 10 days in the county jail on the weekends.

“Once again, the people of Palo Pinto County have made a statement about the problem of drug abuse in our community,” Burns said. “We all hope and pray some day those who deal in and use illegal drugs will wake up and realize if they continue that path, they will eventually lose their freedom.”