Child sex charge results in 10-year probation deal

August 31, 2013

Hood County resident David Carl Browning was arrested in January on aggravated sexual assault of a child charges.

Appearing Monday in district court on his 63rd birthday, Browning pleaded guilty to a lesser charge and received 10 years of deferred adjudication – a form of probation.

Browning, of the 3700 block of Hartwood Drive in the Port Ridglea East subdivision, pleaded guilty to the lesser charge of injury to a child.

District Attorney Rob Christian had discussed the case with the victim and the victim’s mother, who then signed affidavits stating that they agreed with the terms of the plea deal and requested that Judge Ralph Walton accept it.

The original charge qualified as a first-degree felony because the child was under age 14 when the offense occurred, authorities said.

Browning was arrested on a warrant Jan. 4 by members of the Hood County Crimes against Children Task Force, along with members of the Texas Rangers and the Highway Patrol, according to Christian.

It was reported that the victim knew Browning.

If Browning completes the full 10 years of the terms of his plea deal, the court will sign a document and the offense won’t go on his record. If he does not, he could have to serve as many as 10 years in prison and pay a fine as high as $10,000.

TWIN FELONIES

A 35-year-old Hood County woman who on Aug. 22 pleaded guilty in district court to having methamphetamine and to a felony DWI charge was sentenced to two years in a state jail facility, according to Christian.

Tiffany Ann Nemecek, of the 1500 block of Sunflower Lane in the Misty Meadows subdivision, requested that the jury assess her punishment. In addition to the two years of confinement on the charge of DWI with a passenger under age 15, she received two years of confinement, probated for five years, for the meth charge.

Assistant District Attorney Megan Chalifoux prosecuted the case,

She asked the jury for those terms “so that Nemecek could get the drug treatment she needed,” Christian noted.

“Nemecek will be required to enter the Substance Abuse Felony Punishment Facility for drug treatment following her two-year sentence in the State Jail,” Christian said.

Hood County Jail records and court testimony indicated that Nemecek was arrested on April 19, after she had driven her car off the road in front of the Avalon Town Center on Highway 377 East in Granbury.

“Nemecek was incoherent and slumped over the steering wheel at the scene,” Christian said. “Officers found methamphetamine in Nemecek’s purse, and analysis of Nemecek’s blood showed that she had methamphetamine in her system.”

Neither Nemecek nor her child was injured in the crash.

Christian noted that she had been previously placed on felony deferred adjudication probation for burglary of a building and forgery by passing. The jury also heard testimony about previous offenses Nemecek had committed, including possession of meth in July of this year, Christian said, as well as an incident in which she reported for urinalysis testing with a device intended to alter the results of a mandated drug test.

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