Texas Judge Beating Statute of Limitations

INTRODUCTION

It has been announced that Texas Judge William Adams, caught beating his sixteen year old daughter who has cerebral palsy with a belt in a video now posted on YouTube, will likely not face charges.  The reason given by the police force having jurisdiction over him is that the statute of limitations has expired.

Apparently, it’s only the statute of limitations that is an issue, as the police otherwise appear to believe that the elements of a crime were involved.  Rockport Police Chief Tim Jayroe was quoted as saying, “We believe that there was a criminal offense involved and that there was substantial evidence to indicate that and under normal circumstances - a charge could have been made.”

Many media sources have backed up Chief Jayroe’s words, by stating that the statute of limitations is five years.  But is it really the case that all of the possible charges have a five year limitation period?

AN ALTERNATIVE OPTION

Under Article 12.01(2)(D) of the Texas Code of Criminal Procedure, the limitation period is “ten years from the date of the commission of the offense” for a charge of “injury to an elderly or disabled individual punishable as a felony of the first degree under Section 22.04, Penal Code.”

So what does Section 22.04 of the Texas Penal Code say?

A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child, elderly individual, or disabled individual: (1) serious bodily injury; (2) serious mental deficiency, impairment, or injury; or (3) bodily injury.

Serious mental injury does not have to arise from a physiological condition of the brain that resulted from the defendant’s conduct, but can be the psychological impact that a victim may suffer from the defendant’s deeds.  For example, in Stuhler v. Texas, No. 2-04-208-CR, 2005Tex. App. LEXIS 8131, a defendant was accused of causing serious bodily injury or serious mental deficiency, impairment, or injury by confining his victim to a bathroom.  The conviction was overturned on the grounds that serious bodily injury and serious mental injury are in fact two separate charges and the jury might not have reached a unanimous verdict considering the way the charge was read.  However, the case demonstrates that prosecutors can charge someone with causing mental injury for an abusive act, even if it doesn’t arise from a physical injury.

Under Section 22.04 of the Texas Penal Code, A “disabled individual” is defined as “a person older than 14 years of age who by reason of age or physical or mental disease, defect, or injury is substantially unable to protect himself from harm or to provide food, shelter, or medical care for himself.”

Finally, under Section 22.04 of the Texas Penal Code, the offense described above is a first degree felony if it is committed “intentionally or knowingly.”

THE ELEMENTS OF THE CRIME

So let’s summarize the elements required in order to apply the charge that has the ten year limitation period.  The elements are that:

1)  A person intentionally or knowingly causes;

2)  Serious mental disease, defect, or injury;

3)  To a disabled person.

If all three of these elements are met, a first degree felony has been committed.  So do they apply to Judge William Adams?  Let’s take the elements in reverse order to make things easier.

3)  WAS HILLARY ADAMS A DISABLED INDIVIDUAL?
In order to be considered a “disabled individual,” Hillary Adams must have been older than 14 years of age, and by reason of age or physical or mental disease, defect, or injury was substantially unable to protect herself from harm or to provide food, shelter, or medical care for herself.

According to her, she was sixteen at the time of the beating, so she meets the over-14 test.
Under Section 25.085 of the Texas Education Code, a child who has not reached their eighteenth birthday must attend school.  This would interfere with Hillary Adams’ ability to provide food, shelter, or medical for herself, by reason of age, potentially making her a “disabled individual” under the law.

Also, she reportedly has cerebral palsy.  If this made her substantially unable to protect herself from harm or to provide food, shelter, or medical care for herself, then again, she would be a “disabled individual” under the law.

2)  DOES SHE OR DID SHE SUFFER FROM A SERIOUS MENTAL DISEASE, DEFECT, OR INJURY?

It seems reasonable to believe that if a serious mental injury can arise from being locked in a bathroom (the Stuhler case), then a serious mental injury could also arise from the savage beating and threats that Hillary Adams was subjected to by her father.  A psychologist would be the best person to assess her mental state, but if it is determined by a judge or jury that a serious mental injury exists, then this element would be met, too.

1)  IF A SERIOUS MENTAL DISEASE, DEFECT, OR INJURY EXISTS OR DID EXIST, WAS IT CAUSED KNOWINGLY OR INTENTIONALLY BY JUDGE ADAMS?

If a judge or jury decides that Judge Adams caused the abovementioned serious mental disease, defect, or injury, this element would be met, too.

The fact that Judge Adams is heard on the tape telling his daughter that he will beat her “into submission” would go a long way to showing that he intended to affect his daughter’s mental state with his actions.  Having a submissive mind seems to be a serious and negative mental injury, but that would be up for the trier of fact to decide.

CONCLUSION

So, there you have it.  There is a charge that prosecutors could feasibly bring against Judge Adams that has a ten year rather than five year limitation period.  The State of Texas would be completely within its rights to prosecute Judge Adams and let a jury decide whether Adams has fulfilled all of the above elements.