The opinion
JANE HALL
JANET McCONATHY COURT COORDINATOR
COURT REPORTER jhall@co.hill.tx.us
jmcconathy@co.hill.tx.us
IDA ALCALA
ASST. COURT COORDINATOR
ialcala@co.hill.tx.us
October 7, ~015
RECEiVED IN
Sharon Keller, Chief Justice COURT OF CRIMINAL APPEALS
Court of Criminal Appeals
P. 0. Box 12308 NOV 16 2015
Austin, TX 78711-2308
Re: No. WR. 83,797-01
In re: Darrell Curlee
Dear Judge Keller:
I am new to the process of responding personally to an Application for Writ of
Mandamus. One ofthe briefing attorneys that I spoke with at the Court of Criminal Appeals said
that I could do so in letter form.
I am a little confused over the filing of the Writ with your Court as the applicant entered
into a plea agreement and was sentenced on July 31, 2015. I am attaching certified copies of
each filing from Mr. Curlee's trial court file collectively as Exhibit A. I have also included a
letter that I received from Mr. Curlee complaining about his trial counsel just before I appointed
Mr. Lyle Gripp as additional and lead counsel. That letter is attached as Exhibit B. I have
included a copy of the Order Appointing Mr. Gripp as Exhibit C. As you can see, the
appointment does not remove Mr. Russell, it merely adds additional counsel.
I
This was done for two reasons. First,.Mr. Curlee complained. Second, at about the same
time as the appointment of Mr. Gripp, I learned of a troubling series of events that led me to
question Mr. Russell's fitness to practice law.
When I served as the Judge of the County Court at Law of Hill County, I was, from time
to time, assigned to sit as the Judge of the 66th District Court. One of those assignments was in
Cause No. 37228, State of Texas v. James Ryder. Terence Russell had been appointed to
represent Mr. Ryder by the Honorable F. B. McGregor, Jr., prior to my assignment to the case. I
set the case for a jury trial on August 27, 20 14; however, I fell ill and the Honorable Alan
Mayfield, Retired Judge ofthe 74th District Court of McLennan County, was assigned to preside
over the jury trial.
Mr. Ryder faced three felony counts. The first count had a range of punishment from 25
years to life, the second count was from two years to 20 years, and the third count was from two
years to 10 years. Ultimately, the juryfound Mr. Ryder guilty and sentenced Mr. Ryder to 99
years, 20 years, and 10 years, respectively. Although Mr. Ryder had been deemed indigent and
had counsel appointed to him, no Ake v. Oklahoma or similar motions were filed with the court
seeking funds for expert witnesses, investigators, or any other assistance.
Mr. Ryder has now hired the Honorable Kristin R. Brown of Dallas to represent him on
appeal. Ms. Brown filed a Motion for New Trial wherein she alleges that Mr. Russell required
Mr. Ryder to provide $1 ,500 so that an expert could be hired. That expert, Dr. Trent Terrell,
required a fee of only $1,000 for his testimony. Unfortunately, because of an alleged
miscommunication, Dr. Terrell never appeared at the trial. Dr. Terrell did return an uncashed
$1,000 check written from Mr. Russell's personal checking account. A $1,000 check was
subsequently written to Mr. Ryder or his fiance as a refund. That check was not written on an
IOLTA trust account but instead seems to come from Mr. Russell's and his wife's personal bank
account. To this day, Mr. Russell has failed to account for or return the other $500 that he
required the indigent defendant to tender to him.
I have attached as Exhibit D a copy of the Motion for New Trial, together with the
Affidavits of Dr. Terrell and Larenda Nichole Watkins (the fiance of Mr. Ryder who paid Mr.
Russell the $1 ,500), along with a copy of the check that refunded the money to Mr. Ryder, and
the receipt from Mr. Ryder when the money was deposited with Mr. Russell.
I have attached as Exhibit E the transcript of the hearing on the Motion to Rescind and
Second Motion for New Trial filed by Mr. Ryder wherein Mr. Russell testified that he did not
maintain a trust account, and that he used his personal account for his client trust account. Also
attached is the attorney fee voucher and proof of payment by Hill County to Mr. Russell for
representing Mr. Ryder.
Further, there is presently a case before your court styled In re Thomas Eric Lee, WR.
81,722-01. Mr. Russell represented Mr. Lee at the trial court and Mr. Lee has now alleged that
Mr. Russell coerced him into pleading no contest. Mr. Lee alleged that Mr. Russell told him
"that he was going to be elected district judge and Mr. Lee better hurry and plead to the charges
because counsel would throw the book at him once counsel took the bench."
Attached as Exhibit F is a copy of the transcript from the hearing conducted as a part of
the Order issued by the Court of Criminal Appeals. Mr. Russell testifies, but never
unequivocally denies telling Mr. Lee what he was alleged to have said.
I believe Mr. Lee's assertion to be true because in a previous case, another defendant,
Curtis Fields, made an allegation that "Russell emphasizes that he is utilizing political strategies
to win votes for the up-coming judge's position." Attached as Exhibit a'is a copy of Mr. Fields'
complaint. The above referenced allegation is made at the top of page 4.
Because my understanding is that I have a fiduciary duty to appoint competent counsel
for indigent defendants, and because of my growing concerns regarding Mr. Russell, I appointed
additional counsel to an indigent defendant. I have also complied with my duty to report \
misconduct to the State Bar of Texas as a result of the trust account issues referenced above.
Cc: Terence Russell (w/o attachments)
Mark Pratt (w/o attachments)
Lyle Gripp (w/o attachments)
EXHIBIT A . ·
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INDICTMENT
CAUSENO. 3Jt±58
THE STATE OF TEXAS VS. DARREL ALLEN CURLEE
CHARGE: AGGRAVATED ASSAULT WITH A DEADLY WEAPON
AGGRAVATED ASSAULT THREAT-WITH A DEADLY WEAPON
-..
IN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS:
THE GRAND JURY, for the County of Hill, ·State of Texas, duly selected,
empaneled, sworn, charged and organized as such at the JULY/DECEMBER term, A.D.,
2012 of the 66th Judicial District Court for said County, upon their oaths present in and to
said court at said term that DARREL ALLEN CURLEE hereinafter styled Defendant, on or
about the 15TH DAY OF JUNE 2012 and before the presentment ofthis indictment, in the
County of HiJI and State aforesaid, did then and there unlawfully, intentionally or knowingly
or recklessly cause bodily injury to Christopher Jordan Wally by cutting him with a knife,
and the defendant did use or exhibit a deadly weapon during the commission of the assault,
to-wit: a knife, that in the manner of its use-or intended use was capable of causing death or
serious bodily injury.
And it is further presented that prior to the commission of the primary offense by the said
Darrel Allen Curlee, to-wit: on the 25th day of February 1983, in the District Court of San
Miguel County, New Mexico in Cause No. 81-73-CR on the docket of said Court, the said
Darrel Allen Curlee, under the name of Darrerll Allen Curlee, was duly and legally convicted
in said last named Court of a felony, to-wit: Second Degree Murder upon an indictment then
legally pending in said last named Court and of which said Court had jurisdiction; and said
conviction was a final conviction and was a conviction for an offense committed by him, the
said Darrel Allen Curlee, prior to the commission of the primary offense.
A CERTIFIED COPY I
ATIEST g_ -,~
ANGELIAORR
.201£._
DISTRICT CLERK
HILL COUNTY. T
·~·
And it is further presented that before the commission of the primary offense and after the
conviction in Cause No. 81-73-CR was final, the defendant, Darrel Allen Curlee, committed
the felony of Burglary and was convicted on the 91h day of May I 989 in the Seventh Judicial
District Court of San Juan County, Utah, in Cause No. 767.
And it is further presented that on or about the tsm DAY OF JUNE 2012 in the County of
Hill and State of Texas, the defendant, DARREL ALLEN CURLEE , did then and there
intentionally or knowingly threaten Jerry Wayne Vessells with imminent bodily injury by
attempting to cut and/or stab him with a knife and the defendant did use or exhibit a deadly
weapon during the commission of the assault, to-wit: a knife, that in the manner of its use or
intended use was capable of causing death or serious bodily injury.
And it is further presented that prior to the commission of the primary offense by the said
Darrel Allen Curlee, to-wit: on the 25th day of February I 983, in the District Court of San
Miguel County, New Mexico in Cause No. 81-73-CR on the docket of said Court, the said
Darrel Allen Curlee, under the name of Darrell Allen Curlee, was duly and legally convicted
in said last named Court of a felony, to-wit: Second Degree Murder upon an indictment then
legally pending in said last named Court and of which said Court had jurisdiction; and said
conviction was a final conviction and was a conviction for an offense committed by him, the
said Darrel Allen Curlee, prior to the commission of the primary offense.
And it is further presented that before the commission of the primary offense and after the
conviction in Cause No. 81-73-CR was final, the defendant, Darrel Allen Curlee, committed
the felony of Burglary and was convicted on the 9th day of May 1989 in the Seventh Judicial
District Court of San Juan County, Utah, in Cause No. 767.
NO. 37,458
STATE OF TEXAS § IN THE DISTRICT COURT
§
vs. § 66th JUDICIAL DISTRICT
§
DARRELL ALLEN CURLEE § IDLL COUNTY, TEXAS
WAIVER OF ARRAIGNMENT
The undersigned Defendant, Darrell Allen Curlee, by counsel, waives formal pre-trial
arraignment and preparation time between arraignment and trial, and agrees to be arraigned at time
of trial, and enters a plea of not guilty.
The undersigned attorney hereby enters appearance as attorney of record for Darrell Allen
Curlee and agrees that the cause be set for trial in the courtroom ofthe 66th Judicial District Court
ofHill County, Texas.
SIGNED on September 6, 2012.
Respectfully submitted,
Terence A. (Tiger) Russell
Attorney & Counselor at Law
PO Box 306
Hillsboro, TX 76645
245-396-3219
254-582-5593 (facsimle)
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Terence A. Russel)
State Bar No. 17437070
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Approved by~: ., J f) '
Signed on , /L~ / y ,)J( 2-c:::= .
(OPV
N0.37,458
STATK.OF TEXAS ·§ IN THE DISTRICT COURT
§
vs. § 66th JUDICIAL DISTRICT
§
DARRELL ALLEN CURLEE § HILL COUNTY, TEXAS
: WAIVER OF ARRAIGNMENT
The undersigned Defendant, Darrell Allen Curlee, by counsel, waives formal pre-trial
arraignment and preparation time between arraignment and trial, and agrees to be arraigned at time
of trial, and enters a plea of not ~ilty.
The undersigned attorney hereby enters appearance as attorney of record for Darrell Allen
Curlee and agrees that the cause be set for trial in the courtroom of the 66th Judicial District Court
ofHill County, Texas.
SIGNED on September 6, 2012.
Respectfully submitted,
Terence A. (Tiger) Russell
Attorney & Counselor at: Law
POBox306
Hillsboro, TX 76645
·o 245-396-3219
254-582-5593 (facsimle)
~~uJ'?A
Terence A. Russell
State Bar No. 17437070
J1,j_ £.4 /e?r~ ~ J. ~yfor Darrell Allen Curlee
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Approved by . Court: ~- /'/
~~-- JUDGE P IDING
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A CERTIFIED
ATTEST l.. ~ I .20
ANGELIAORR
DISTRICT CLERK
HILL. COUNTY. T
BY
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09/25/2012 08:14
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CAUSE NO. 37,458
THE STATE OF TEXAS § IN THE 66'1'11 JUDICIAL
§ DISTRICT COURT OF
I HILL COUNTY, TEXAS
$E'tTJNG ORQEBS
THIS CASE IS ORDERED SJT FQR
1.. _XX_PRE-TRIAL MOTIONS IIEAlUNG
UNDERARTICLEl8.01CCPSETON-OCTOBER 18,2012 9:00A.M.
)
l._XX_FINALPRE-TRIALCON.FERENCE-NOVEl\tiBER 13,201.2 9:00 A.N.f..
3. _XX_JURYTRW.JSSETFOR--JANUARY 14,2013 9:00A.M.
4. _PIAAIS SBTFOR _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
No. Date and Time Destination Times Type Result Resolution/ECH
001 09/25/12 08: 14 Terence Russell o•oo·1r FAX OK 200xl00 Normal/On
[ QWGOXOB415 ]
l
CAUSE NO. 37,458
THE STATE OF TEXAS §
vs. §
DARRELL ALLEN CURLEE § HILL COUNTY, TEXAS
ORDER APPOINTING A DISINTERESTED EXPERT
TO EXAMINE DEFENDANT
It is ORDERED that Dr. Veri 0. Childers, Jr. is hereby appointed to examine
DARRELL ALLEN CURLEE, Defendant in the above entitled and numbered cause, for the
purposes of determining whether Defendant is competent to stand trial and whether Defendant
is or was a person with mental illness at the time of the alleged offense or offenses.
The Defendant, DARRELL ALLEN CURLEE is in the Hill County Jail on charges of
Aggravated Assault with a Deadly Weapon and Aggravated Assault-Threat-with a Deadly
Weapon, felony indictments.
The meaning of competency to stand trial is whether the Defendant has sufficient
present ability to consult with defense counsel with a reasonable degree of rational
understanding and whether the Defendant has a rational as well as factual understanding of
the proceedings against him.
For the purpose of competency you should determine whether if at the time of the
conduct charged, Defendant, as a result of mental disease or defect, did not know that his
ORDER APPOINTING A DIS!NIERESTED
EXPERT TO EXAMINE DEFENDANT
1
conduct was wrong. The term "mental disease or defect" does not include abnormality
manifested only by repeated criminal or otherwise antisocial conduct. IT IS FURTHER
ORDERED that the examiner appointed herein submit a written report ofthe examination to
the Court within thirty (30) days of the date of this ORDER, including a description of the
procedures used in the examination, the examiner's observations and findings pertaining to the
Defendant's competency to stand trial, and the recommended treatment. If the examiner
concludes that the Defendant is incompetent to stand trial, the report must also state the
examiner's observations and findings and whether there is a substantial probability that the
Defendant will attain the competency to stand trial within the foreseeable future.
' report be submitted to the Court setting
IT IS FURTHER ORDERED that a separate
forth the examiner's observations and findings concerning:
1. Whether the Defendant is a person with mentally illness (and meets the criteria
for court-ordered inpatient mental health senrices under Subtitle C, Title 7, Health and Safety
Code.
2. Whether the Defendant is a person with mental retardation and meets the
criteria for commitment to a residential care facility under Subtitle D, Title 7, Health and
Safety Code.
3. Whether the Defendant was sane at the time of the alleged offense~.
IT IS FURTHER ORDERED if the examiner is a physician and concludes that the
defendant is a person with mental illness, the examiner shall complete and submit to the court
a Certificate of Medical Examination for Mental Illness. If the examiner is a physician or a
licensed psychologist and determines that the defendant is a person with mental retardation
and if the determination has been made in accordance with the standards established by
ORDER APPOINTING A DlSlNTERESTED
EXPERT TO EXAMINE DEFENDANT
2
' '
Section 593.005, Health and Safety Code, the examiner shall submit to the court an affidavit
setting forth the conclusions reached as a result of the examination.
SIGNED this the :2. fl day of *-r: '2012.
·~~7~
F. B. (Bob) McGregor, Jr., Judge
66th Judicial District Court
Hill County, Texas
ORDER APPOINTING A DISINTERESTED
EXPERT TO EXAMINE DEFENDANT
3
NO. 37,458
STATE OF TEXAS IN THE 66TH JUDICIAL
VS. DISTRICT COURT OF
DARRELL ALLEN CURLEE HILL COUNTY, TEXAS
230 S. Waco St. #108
Hillsboro, Tx 76645 ORDER
TO: DARRELL ALLEN CURLEE
You are hereby ORDERED to report to the Hill County Community
Supervision and Corrections Department at 126 South Covington
Street, on the North end of the Hill County Courthouse Annex,
Hillsboro, Texas, at 8:00A.M., TUESDAY, DECEMBER 11, 2012. You
are further ORDERED to provide the interviewing officer with true
answers to questions concerning your criminal history, social
history, work history, educational history and medical history.
All information obtained is for the purpose of a PRE-SENTENCE
INVESTIGATION required by Section 9, Article 42.12, Texas Code of
Criminal Procedure, and the report will be handled in accord with
said Section. ~""!:r:~
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SIGNED this 3rd day of October, 2012. ·... ;
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~--~--~=-~~~~~~---=----~
F. B. (Bob) McGREGOR, JR. a
PRESIDING DISTRICT JUDGE -a
ALLEGED OFFENSE: AGG ASSLT W/DEADLY WEAPON
AGG ASSLT W/DEADLY WEAPON
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A CER.TIFIED ~OPY
ATTEST .X - 3 /
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ANGELIAORR
DISTRICT CLERK
HILL COUNTY. TEXAS
BY
.,
Veri 0. Childers, Jr., Ph. D.
192HCR4319
Milford TX 76670
(817) 707-6010
Defendant: Curlee, Darrell A.
County: Hill
c:::.!;ause #: 37,45~
Date of Evaluation: 10/10/2012
Date of Report: 10/16/2012
. '
Specific Issues for Evaluation: Mr. Darrell A. Curlee is referred by the Honorable F. B.
McGregor, Jr., Judge of the 66th District Court for evaluation of his competency to stand trial.
The CoUrt requests information in regard to two questions: (1) does the defendant have a
rational and factual understanding of the nature of the proceedings againsthim; and (2) does the
defendant have sufficient present ability to consult with his attorney with a reasonable degree of
rational understanding. The Court also seeks information as to his sanity at the time of the
alleged offense and at present.
Disclosures: Prior to any evaluation procedures, Mr. Curlee was provided with the following
information and disclosure about the nature and purpose ·of this evaluation.
The Court has ordered an evaluation ofyour mental status and characteristics
with respect to the upcoming legal proceedings that you face. The information
obtained during the evaluation process will be used in legal hearings about the
charges pending against you, and I will be evaluating your competency to stand
trial as well as your sanity. As part of this evaluation, I will be asking you a
number ofquestions about your personal history as well as using standard
procedures and instruments to gather information. What we say and do during
the course of this evaluation is not privileged, private, or confidential. I am not
treating you in a doctor-patient relationship. Regardless ofhow you participate
or cooperate, I will write a report. The report will go to the Court, the
prosecutor, and your attorney. As a result of the evaluation, I may be called upon
by one of the attorneys to testify in the proceedings. Do you have any questions?
Pro<!edures, Techniques, and Information Reviewed:
Clinical interview and history
Mental status examination
Review of indictment and record of prior offenses
Telephone interview with defense attorney Terrence Russell
Interview with Mr. Freddie Bassinger, LMSW
Review of letters and notes written by Mr. Curlee
Competency interview
Carlson Psychological Inventory
Interview with Mr. Cory Cole and Ms. Stacy Beam of Citizens State B,ank-ltasca
Clinical Observations and Findings:
Behavioral observations. Mr. Curlee was seen at the Hill County Jail. He arrived
promptly when summoned by jail staff and was appropriately and neatly attired in jumpsuit. His
motor activity was smooth and coordinated, with no sign of any spasticity, tic, or other anomaly.
His fme motor activity was good as indicated by his writing ability, grip, and gait. His facial
expressions and social behaviour were appropriate. He showed no signs of any type of agitation
and was cooperative and agreeable during the evaluation process. Rapport was deemed as being
satisfactory.
Relevant background history. Mr. Curlee is presently injail with charges of aggravated
assault with a deadly weapon and aggravated assault-threat, with a deadly weapon. He was
arrested and detained in the jail in June 2012. His previous record includes the following items.
• 1964: conviction in Michigan for misdemeanour assault; fine of $11
• 1975: conviction in Michigan for assault with deadly weapon, 1-4 years confinement
• 1986: conviction in New Mexico for homicide; 6 years confmement, paroled to Hill
County Texas
• 1989: conviction in Utah for burglary; 5 years confinement
• 2010: conviction for criminal trespass in McLennan County, TX
Mr. Curlee reported dropping out of school in the 1Oth grade; he has no GED certificate or
further formal education. By trade, he has been a production machine operator. Presently he is
unemployed and receives monthly disability compensation. He reported being divorced once
pbefore and presently is in an informal marriage with a local woman. He said that together they
have two children and that he has several other children in the Michigan area. His mother is
alive and living in a local nursing home; his father died in 2006 from complications related to
Alzeheimer's disease. He has a sister living in Itasca, TX.
Mr. Curlee's health history has several significant items. He denied any difficulties with
alcohol, illicit drugs, seizures, or other physical difficulty. He reported a previous motorcycle
accident (date unknown) that resulted in a concussion; he recovered with no ill effects. He
admitted to being a patient at the local community mental health center since 1972, receiving
services for schizophrenia. In the past, he has taken antipsychotic medications (Prolixin,
Zyprexa, Abilify), but at present he is not on any antipsychotic medication. Interview with Mr.
Freddie Bassinger, the director of the Hillsboro office ofthe Heart ofTexas Region MHMR
Center, revealed that Mr. Curlee was diagnosed in 1992 with schizophrenia, paranoid type, and
that he was treated regularly until April2011, when his case was transferred to the Johnson
County MHMR Center because Mr. Curlee moved out of the Hillsboro area Mr. Curlee was
reliable and compliant with his treatment regimen and was considered well-controlled. During
his time in treatment with Mr. Bassinger, Mr. Curlee posed no major problem due to his mental
condition. Mr. Curlee reported-and Mr. Bassinbger verified-a history of auditory
hallucinations described as voices of unknown others, always behind or around him, talking
about him. He had no identification for the voices, simply referring to ''them." The voices do
not provide any directions or commands for him. The only other health concern for Mr. Curlee
is a non~insulin dependency diabetic condition, for which he is treated with Metformin and diet
management. Hill County Jail medical staff report that he is compliant with his treatment
regimen and that the condition is under control.
Mental status at time of evaluation. The mental status examination revealed a generally
cooperative and forthcoming demeanor on Mr. Curlee's part. His mood is best described as
being even and appropriate. His emotional expression was normal, with no indications of any
problematic communication style or behaviour. Perceptually, he admitted to hearing voices
(described above) but said that they were not very problematic for him. He exhibited no overt
behaviours that commonly accompany serious mental thought problems, and jail staff did not
report any such behaviours either. He denied any thought of suicide/homicide. His thinking
processes during the interview and evaluation process were logical, focused, and relevant. He
denied any problems with thought blocking, phobias, compulsions or obsessions. He was alert
and oriented to his current situation, his personal status, and his current location, but he was not
accurate in the date, thinking that it was November. His memory was intact for remote things
such as previous charges and convictions and his previous mental health treatment regimen, and
for recent things such as his current medication, date of arrest, and current charge pending. He
concentrated and attended to interview questions as well as instructions for questionnaires
without difficulty. His insight into his current situation was good. Cognitively, he used a
vocabulary that was good for his educational level. While no formal assessment of his
intelligence level was made, based upon his responses and former occupational level, he
functions within the broad limits of the average range of intelligence, above the range of mental
retardation. ,
Mr. Curlee stated the charge pending against him as aggravated assault and said that he
allegedly stabbed somebody with a knife, trying to kill the other person. He correctly identified
his attorney as Mr. Terrence Russell and said that they had not yet discussed the possible penalty
if he is convicted. This is consistent with the indictment returned against him and information
provided by Mr. Russell. When asked about the actors and participants in a criminal proceeding,
he gave the following information as to their roles.
• Defense attorney: to see that your rights are upheld and that I'm handled fairly by the
judge ·
Prosecutor: looking up evidence to use against you on the charge
Trial judge: know the whole case, see the problem fairly, and deal with both parties fairly
Jury: judge the case fairly. If they say you're guilty, you pay the penalty. The judge,
jury, and district attorney decide who is guilty
When questioned about essential things that are part of the criminal trial process, Mr. Curlee
gave the following answers.
• Right to remain silent: to protect yourself, say as little as possible. (Q: If the judra,e asks
you a question, do you have to answer it?) you don't have to, you can plead the 5 but it
makes you look guilty. I think it's best to answer questions.
• Concept of Not Guilty: I go back to normal living in my RV in Grandview. I owe back
rent of over $3000.
• Concept of Guilty: admitting to doing what they allege'
Probation: a period of observation, if you do as expected you get off on time; it keeps
you from going to jail or prison; you go to jail or prison if you violate'
• Consequences if found to be incompetent or insane: I don't know
The results of psychological testing provided the following information. Intellectually,
test results show that is functioning within the broad limits of the average range of intelligence,
above the range of mental retardation. Based upon interview information provided by Mr.
Bassinger, Mr. Cole, and Ms. Beam, Mr. Curlee's everyday adaptive behavior skills are adequate
enough to allow him to take care of his personal needs in the community.
Ll.AWl.J "~.:JU.l] U.lll..l.;:t unu V\.<llQ.Jlll UlQ.I. WCIC w uc i:liJH.!L Ul 111:5 u:::gat srrategy.
Capacity to consult with counsel. In spite of the ideas of reference that he harbors, Mr.
Curlee's answers to questions and his engagement in the evaluation process, both in
interview and testing, all suggest that he is able to consult with his attorney in a rational and
factual manner.
• Capacity to understand rationally the charges and potential consequences of the pending
proceedings. Based upon his answers to questions during interview, Mr. Curlee has an
accurate understanding of the charges pending against him and what they mean, but he is in
need of a formal discussion with his attorney regarding possible consequences if convicted.
The Carlson Psychological Survey is a personality screening instrument specifically
designed for use with offenders. On it, Mr. Curlee generated a valid profile. Of the four clinical
scales, Mr. Curlee's scores on the ones measuring chemical abuse, antisocial tendencies, and
self-degradation are all low, indicating no difficulties in those areas. On the one scale that
measures thought disturbance, his score surpasses 77% of those in the norm group, suggesting
the presence of perceptual distortion and hallucinations. This score is consistent with his long-
standing diagnosis of schizophrenia.
Diagnoses: The most likely DSM-IV diagnostic classification for Mr. Curlee is as follows.
• Axis l: schizophrenia, paranoid type (295.30)
• Axis II: none
• Axis III: diabetes, by history
• Axis IV: current stressors include problems related to arrest and detention, economic
difficulties (due to loss of disability income while incarcerated), housing stress related to
back rent, and removal of parent to nursing home care
• Axis V: current GAF = 55
Areas of Competency:
• Capacity to understand charges and potential consequences. Based upon his answers to
questions about the charges pending, Mr. Curlee has an accurate understanding of the
charges pending. He does not know possible consequences if convicted and needs to visit
with his attorney on that matter.
• Capacity to disclose pertinent material. Based upon his answers to questions during
interview and his recounting of personal history, Mr. Curlee has no difficulty in relating
relevant history concerning his background and current case. Hjs statements were
corroborated by outside information and were accurate.
• Capacity to engage in legal strategies. Mr. Curlee's previous experiences in the legal system
along with his current understanding of his situation, his way of thought patterns, and his
record of compliance in treatment, all suggest that he is able to work with his attorney in
developing a reasonable legal strategy
• Capacity to understand the adversarial nature of the proceedings. Based upon answers to
specific questions about the nature of a trial and the roles of the various participants, Mr.
Curlee has an accurate tinderstanding of the adversarial nature of a criminal trial and the risks
involved.
• Capacity to testify. Based upon his interpretation of his rights as a defendant and his
understanding of the nature of a trial, along with his former experiences, Mr. Curlee could
likely testify in his own behalf if that were to be a part of his legal strategy.
• Capacity to consult with counsel. In spite ofthe ideas of reference that he harbors, Mr.
Curlee's answers to questions and his engagement in the evaluation process, both in
interview and testing, all suggest that he is able to consult with his attorney in a rational and
factual manner.
• Capacity to understand rationally the charges and potential consequences of the pending
proceedings. Based upon his answers to questions during interview, Mr. Curlee has an
accurate understanding of the charges pending against him and what they mean, but he is in
need of a formal discussion with his attorney regarding possible consequences if convicted.
Opinion on Competence to Stand Trial: Although Mr. Curlee has a long-standing diagnosis of
a psychiatric disorder, based upon available historical information, current test and interview
data, and interviews with collateral sources, he has sufficient present ability at this time to
consult with his attorney with a reasonable degree of rational understanding. Further, he has a
rational and factual understanding of the proceedings pending against him. It is my opinion that
he is competent to stand trial on the charges pending.
Treatment Recommendations: With his long-term, known history of schizophrenia, paranoid
type, Mr. Curlee is in need of psychiatric evaluation to determine his present need for
antipsychotic medication. 1bis can be done on an outpatient basis without need for inpatient
hospitalization. According to mental health practitioners that have treated him in the past, he
needs a maintenance dose of an antipsychotic medication to manage his mental disorder
adequately. He has now been off of his prescribed medication for over a year. The antipsychotic
medication is likely necessary for Mr. Curlee to maintain a functional mental status and to care
for himself adequately outside of a hospital setting as well as for the management of his
symptoms of hallucinations and delusions. In addition, he will need to maintain a stable status
with respect to his diabetes in order to preclude mental difficulties resulting from fluctuations in
his blood sugar level. This includes compliance with both his medication for diabetes and his
dietary treatment recommendations as well as routine medical oversight and monitoring of his
blood sugar level.
Verl 0. Childers, Jr., Ph. D.
Psychologist #221 03
Veri 0. Childers, Jr., Ph. D.
192 HCR4319 j
Milford TX .76670
(817) 707-6010
16 October 2012
Honorable F. B. McGregor, Jr., Judge
661h District Court
PO Box 284
Hillsboro TX 76645
RE: Curlee, Darrell A., Cause #37,458
Dear Judge McGregor:
Pursuant to order of the Court, I have seen and evaluated Mr. Darrell A. Curlee with
respect to his sanity for the upcoming activities in the above cause. As part of my evaluation, I
interviewed Mr. Curlee and, with his permission, Mr. Freddie Bassinger (Director of the Hill
County Office of Heart ofTexas Region MHMR Center and Mr. Curlee's former
psychotherapist), Mr. Cory Cole, and Ms. Stacy Beam, staff members ofthe Citizens State Bank
ofltasca. Mr. Cole and Ms. Beam had pertinent knowledge regarding an allegation made by Mr.
Curlee with respect to his personal checking account, which needed verification and assessment.
I administered a mental status examination, collected a personal history, and administered a
personality test to Mr. Curlee as part of the evaluation process.
Mr. Curlee has a long-standing mental health diagnosis of schizophrenia, paranoid type,
that has been treated successfully in the past with medication, allowing him to live in the
community and to care for his own needs. He has been off his medication since April of2011,
when his case was closed at the local community mental health center and transferred to the
community mental health center in Johnson County, TX. He related an accurate history, verified
by outside information obtained from the Hill County Sheriff's Office and from interviews with
the individuals named above. Mr. Curlee's statements included accurate information about his
past criminal activity as well as an allegation he made of recent fraudulent activity in his
personal checking account. Review of his criminal history verified his statements about that
aspect of his life. Interviews with Mr. Cole and Ms. Beam revealed that there has been activity
on his checking account after the date ofMr. Curlee's incarceration resulting from checks he had
written prior to his arrest. There is no indication to bank personnel of any fraudulent activity,
only activity that as of the date of my interview with Mr. Curlee had not been clarified for him.
Results of the testing suggested that Mr. Curlee has odd ideas that include hearing
nondescript and nearby voices talking about him. This thought pattern occurs without respect to
any particular location in which Mr. Curlee might be. When I asked him further about this, he
related that he hears the voices but that he does not give any great concern to them or that they
cause him any distress. The voices do not provide any commands or instructions to him, and he
does not act according to what he hears from them. He related only that "they talk about me."
These symptoms of thought difficulty have been treated successfully since 1992 with prescribed
medications.
During interview, Mr. Curlee accurately outlined the charges pending against him,
including a history of his alleged actions that led to the charges. He did dispute the allegation
that he stabbed anyone, saying that allegation was incorrect. When asked about the allegations,
he gave the following answers.
• What are you charged with? Assault with a deadly weapon, a knife
• What does that mean? They say I stabbed him, attempted to murder him, drew blood
• If someone does that, why is it wrong? You're not supposed to abuse someone. You can
protect yourself. I used a paring knife to scare him; he was a pro boxer.
Without any knowledge about the identity of the putative victim in this incident, I can neither
verify nor dispute Mr. Curlee's interpretation of the level of his personal risk, however he does
appear to have a clear and accurate understanding of his action and the resulting charges.
Given Mr. Curlee's expressed view about not abusing others yet being able to protect
himself, along with his statement of the lack of a sense of command or urgency he perceives
from the voices he hears, it is my opinion that his current mental disorder does not prevent him
from understanding that his conduct was wrong. Accordingly, it is my opinion that he is sane
with respect to the proceedings he now faces. While he may dispute with authorities the level of
personal risk that he perceived, his understanding of his alleged actions is not significantly
impaired as a result of his hallucinations and delusions. He does need to be evaluated by a
qualified psychiatrist to determine the need for re-instatement of antipsychotic medication and
regular psychotherapy. In my opinion, this can be accomplished on an outpatient basis and does
not require inpatient hospitalization.
i
Respectfully,
Veri 0. Childers, Jr., Ph. D.
Psychologist #22103
I'
Veri 0. Chffders, Jr., Ph. D. Statement
192 HCR 4319
Milford TX 76670
Bill To
Hill County
Hill County Treasurer
PO Box 671
Hillsboro TX 76645
Date Amount Due Enclosed
10116/12 $1,095.00
Date Description Amount Balance
09/16/12 Balance forward 0.00
Curlee eval-
10/10/12 645.00 645.00
lntetVi9'Ns--Cur1ee, Bassinger, Cole/Beam; testing
---Interview, 4.3@ $150.00 == 645.00
10/16/12 450.00 1,095.00
Written competency report Darrell Curlee, Cause #37,458
=
--- Report, 3 @ $150.00 450.00
I
Current 1-30 Days 31-60 Days 61-90 Days OVER 90 Days Amount Due
Past Due Past Due Past Due Past Due
$1,095.00 $0.00 $0.00 $0.00 $0.00 $1,095.00
Veri 0. Childers, Jr., Ph. D.
192 HCR4319
Milford TX 76670
(817) 707-6010 RECEIVED
OCT 1 6 2012
16 October 2012
DISTRICT JUDGE
Honorable F. B. McGregor, Jr., Judge
66th District Court
POBox 284
Hillsboro TX 76645
RE: Curlee, Darrell A., Cause #37,458
Dear Judge McGregor:
Enclosed are my reports on Mr. Darrell A. Curlee in the above-mentioned cause pending
in the District Court. Should you or any of the attorneys in the matter have any questions or need
clarification on any point, please contact me at your convenience.
Thank you for this referral and the opportunity to serve the Court in this matter.
Sincerely,
Verl 0. Childers, Jr., Ph. D.
Psychologist #221 03
Enclosures (3)
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Job No.: 034837 Total Time: 0"02'41" Page: 009
Complete
Document: doc034837201210161SS322
Verl 0. Childers, Jr., ;Fh. D.
192HCR4319
Milford TX 76610
(817) 70'7-6010
Defendant: Curlee. Dwll A.
Countv;H~
~use*; 174sC::::..
ate of EvaJ.uaUon2 10/10/2012.
Date ofReportz 10/16/2012
Specific lasues for Evaluation: Mr. Darrell A. Curlee is referred by the Honorable F. B.
McGregor, Jr., Judge of the 66th District Court for evaluation of his competency to stand trial.
The Court requests information in regard to two questio.lli: (1) does the defendant have a
rational and :factue1. unde:rstandhlg of the nature of the proceedings againstlrlm; and (2) does the
defendant have sufflclent present ability to consult with his attorney with a. reasonable degree of
rational undetstanding. Tho Court also seeks infonnation as to his sanity at the time of the
No. Date and Time Destination Times Type Result Resolutton/ECH
001 10/16/12 15:53 District Attorney 0"01'18" FAY. OK 200x100 Normal/On
002 10/16/12 15:56 Terence RusseU 0"01'23" FAY. OK 200x100 Normal/On
[ Qlo«;OXOS415 ]
, CAUSE NO JAIL IC..SS832
STATE OF TEXAS § 3 fr c_f'S] IN THE DISTRICT COURT OF
vs § HILL COUNTY, TEXAS
DARRELL ALLEN CURLEE § 66TH JUDICIAL DISTRICT
ORDER APPOINTING AN ATTORNEY
On the 13TH day of AUGUST, 2012, it was made known to the Court that the defendant Darrell Allen Curlee
was in need of an attorney, and it :mne:uin(T to the Court that the said Defendant should have an attorney, it is
ORDERED by the Court that \e..<'ro..~e ~u5.5t!. \\ a practicing attorney of this Court, be and is hereby appointed
to represent the Defendant in the above cause.
This defendant has been charged
., with: AGG ASSAULT WI DEADLY
WEAPON (2 COUNTS)
NEXT HEARING DATE: NO DATE AT TIDS TIME
Signed this 13TH day of AUGUST, 2012.
~d~
IZ!Defendant is in the Hill County Jail
0 Defendant is not in' the Hill County Jail and can be reached as follows:
..... .··· .
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2545825933
Aug-13-2012 1:47PM
Job Date Time Type Identification Duration Pages· Result
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FAX
TO:
·n(rQ...,o.._ Rvs<;c l \
~-S<4.;!- ""~.3
RE: DARREU. ALLEN C'URl..EE
IN .JAILr 181ns C]No
CHARGJ!.! JAIL JD 55831
PAGES: INCLUDING COVER 1
DATE: 8fJYJZ
CC:
COMMENTS:
TinS PAX CONTAINS CONFIDBNrw) INFORMA noN. IF YOU ARE NOT TilE INTENDED
RECIPIENT OF lli!S FAX, PLEAS.E CONTACT INDIGENT DEFENSI! OFFICE.
-·
.-
STATE OF TEXAS § IN THE DISTRICT COURT OF
vs § HILL COUNTY, TEXAS
66TH JUDICIAL DISTRICT
DARRELL ALLEN CURLEE
Dear Mr. Curlee, August 13,202012
After reviewing your application for Court-Appointed Attorney, the appointing
authority hereby appoints you MARK MORRIS, as your attorney, who can be
reached as follows:
2121 W. WACO DR
WACO, TX 76707
254-752-1254
NEXT COURT DATE: -NO DATE AT THIS TIME
THANK YOU,
IDA ALCALA
INDIGENT DEFENSE
COORDINATOR
/
(
,---------------------------
'
NO. 37458
STATE OF TEXAS § IN THE DISTRICT COURT.-·' -:.·;~.
.... . . ....
§ ;.:::,
~.)
. ~~::.:;
vs. § 66th JUDICIAL DISTRICT
§
DARRELL ALLEN CURLEE § fiLL COUNTY, TEXAS --
MOTION FOR CONTINUANCE -':?. ~-
.,:..-~
\,•)
if
TO THE HONORABLE JUDGE OF SAID COURT:
. Now comes Darrell Allen Curlee, Defendant, and files this Motion for Continuance of
this cause from its present setting of February 25, 2013 and shows the following:
1. This motion is filed in accordance with Article 29.03 of the Texas Code of
Criminal Procedure.
2. Counsel for Defendant is involved in a OWl with Child Passenger trial on
February 25, 2013, State vs. Vicki Sanchez, cause number CR11916 in the 355th Judicial
District Court of Hood County, Texas. This is the 41h trial setting of this case.
3. This motion is not made for purposes of delay but that justice may be done.
WHEREFORE, PREMISES CONSIDERED, Defendant ptays that the Court enter its
order continuing this cause until some future date, or, in the alternative, sets this motion for
hearing.
Respectfully submitted,
Terence A. (Tiger) Russell
Attorney & Counselor at Law
PO Box 306
Hillsboro, TX 76645
245-396-3219
254·582-5593 (facsimle)
A CERTIFIED~OPY }
ATIEST l_ -l .20.1.1.
ANGELIAORR
DISTRICT CLERK
HILL COUNT TEX
BY
·~ .
~.
Terence A. Russell
State Bar No. 17437070
Attorney for Darrell Allen Curlee
VERIFICATION
STATE OF TEXAS §
§
COUNTY OF HILL §
ON THIS DAY personally appeared Terence A. Russell, who, after being placed under
oath, stated the following:
"My name is Terence A. Russell and I am the attorney of record for Darrell Allen Curlee
and have been so at all material times relevant to this proceeding.
"I have read the Motion for Continuance and every statement is within my personal
.___1~4~
knowledge and is true and correct."
Terence A. Russell
Sworn to and subscribed before me on --=-:h~f.L""':r-t.u'=:--=-=-=~~;.r;::---'--(~-2<-J---'1......:3;;;__--:--::..---
~~
NOTARY PUBLIC
SUSAN M. RUSSEll
UY COMMISSION EXP1AES
January 21, Z015
This is to certify that on February 14 2013, a true and correct copy of the above and
foregoing document was served on the District Attorney's Office, Hill County, 3rd Floor, Hill
County Courthouse, by hand delivery.
Terence A. Russell
• ••
NO. 37458
STATE OF TEXAS § IN THE DISTRICT COURT
§
vs. § 66th JUDICIAL DISTRICT
§
DARRELL ALLEN CURLEE § HILL COUNTY, TEXAS
NOTICE TO CLERK OF COURT:
~
This motion is to be considered .EX PARTE and Is filed for purposes of the record. Th~
motion is required to be SEALED, by law, and disclosure shall be made ONLY to the
TRIAL COURT and COUNSEL FOR DEFENDANT.
MOTION TO PROCEED EX PARTE AND
MOTION FOR APPOINTMENT OF EXPERT ASSISTANCE
THE FOLLOWING IS WORK PRODUCT OF THE UNDERSIGNED ATTORNEY AND IS
INTENDED FOR DISCLOSURE TO THE TRIAL COURT ONLY.
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes Darrell Allen Curlee, Defendant in the above entitled and numbered case, by and
through the undersigned counsel, and to proceed ex parte, in camera, and on a sealed record with
regard to applications for expert fees, and moves this Court pursuant to the Sixth and Fourteenth
Amendments to the United States Constitution, Article I, Sections 3, 3a, 10, 13 and 19 ofthe Texas
Constitution, and Article 26.05(d) of the Texas Code of Criminal Procedure, to appoint an expert
in police procedures to assist in the evaluation, preparation, and presentation of a defense, and for
good cause shows the following:
Factual Matters which establish Need for Expert Assistance
The charged offense of aggravated assault with a deadly weapon occurred at a time when
Defendant is believed to be insane. Defendant has been a MHMR patient since 1993, diagnosed with
schizophrenia. Defendant's recollection of events relevant to this charge contain hallucinations
regarding the character of the actors and his involvement in the event.
Need for Expert Assistance
Defendant has timely filed his intent to assert his insanity defense. Without expert assistance,
MOTION TO PROCEED EX PARTE AND MOTION FOR APPOINTMENT OF EXPERT ASSISTANCE Page I
I
evidence which will be the subject of expert opinion is critical to a determination of Darrell Lee
Curlee's sanity at the time of the offense.
3. IfDarreU Lee Curlee is not provided with expert assistance, Darrell Lee Curlee will
be deprived of due process, due course, and equal protection of the laws, the effeetive assistance of
counsel, the right to confront witnesses, the right to a fair and impartial trial, the right to present
evidence on behalf of the defense, and the right to explain or deny evidence presented against the
defense in the punishment phase, in violation of the Sixth ruid Fourteenth Amendments to the United
States Constitution and Article I, Sections 3, 3a, 10, 13 and 19 of the Texas Constitution.
WHEREFORE, PREMISES (;ONSIDERED, Darrell Lee Curlee requests that this Court
consider this motion and order that sufficient funds be provided to the Defense to have a competent
psychiatric or psychological expert assist in the investigation, evaluation, preparation and
presentation of the defense.
Respectfully submitted,
Terence A. (Tiger) Russell
Attorney & Counselor at Law
P0Box306
· Hillsboro, Texas 76645
Tel: (254) 396-3219
Fax: (254) 582-5593
)ly., £Autle ~
Terence A. Russell
State Bar No. 17437070
Attorney for Darrell Lee Curlee
BEFORE ME, the undersigned authority, on this day personally appeared Terence A.
Russell, who, after being duly sworn, stated upon oath that the foregoing was true and correct.
/
Sworn to and subscribed before me on 1-~ /3) 2 0 f-3 ·
NOfii~fl~
MOTION TO PROCEED EX PARTE AND MOTI N FOR APPOINTMENT OF EXPERT ASSISTANCE Page 3
·~
NO. 37458
STATE OF TEXAS § IN THE DISTRICT COURT
§ ~
1 ~
vs. § 66 JUDICIAL DISTRICT
h
§
DARRELL ALLEN CURLEE § HILL COUNTY, TEXAS
NOTICE TO CLERK OF COURT: -..
vJ
This motion is to be considered EX PARTE and Is filed for purposes of the record. Tht?
motion Is required to be SEALED, by law, and disclosure shall be made ONLY to the
TRIAL COURT and COUNSEL FOR DEFENDANT.
MOTION TO PROCEED EX PARTE AND
MOTION FOR APPOINTMENT OF EXPERT ASSISTANCE
THE FOLLOWING IS WORK PRODUCT OF THE UNDERSIGNED ATTORNEY AND IS
INTENDED FOR DISCLOSURE TO THE TRIAL COURT ONLY.
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes Darrell Allen Curlee, Defendant in the above entitled and numbered case, by and
through the undersigned counsel, and to proceed ex parte, in camera, and on a sealed record with
regard to applications for expert fees, and moves this Court pursuant to the Sixth and Fourteenth
Amendments to the United States Constitution, Article I, Sections 3, 3a, I 0, 13 and 19 of the Texas
Constitution, and Article 26. 05(d) of the Texas Code of Criminal Procedure, to appoint an expert
in police procedures to assist in the evaluation, preparation, and presentation of a defense, and for
good cause shows the following:
Factual Matters which establish Need for Expert Assistance
The charged offense of aggravated assault with a deadly weapon occurred at a time when
Defendant is believed to be insane. Defendant has been a MHMR patient since 1993, diagnosed with
schizophrenia. Defendant's recollection of events relevant to this charge contain hallucinations
regarding the character of the actors and his involvement in the event.
Need for Expert Assistance
Defendant has timely filed his intent to assert his insanity defense. Without e~pert assistance,
MOTION TO PROCEED EX PARTE ANO MOTION FOR AI'POINTMENT OF EXPERT ASSISTANCE Page I
• f
counsel cannot effectively present this defense to the jury and additionally is without the necessary
knowledge to understand the nature of Defendants mental condition as far as mitigation evidence
in the punishment phase of this case, provided he is found guilty.
Legal Basis for Expert Assistance
The United States Supreme Court held that an indigent defendant has a constitutional right
to the assistance of a competent, independent expert. See Ake v. Oklahoml!, 4 70 U.S. 68 (1985). The
purpose of this holding is to ensure that indigent defendants are given the same due process as .
wealthier defendants, including, and perhaps especially, the right to the effective assistance of
counsel. ld
Appointing an expert whose purpose is to assist the court and whose findings are made public
necessarily renders such an expert incapable of an undivided loyalty to the Defendant. Appointing
any expert other than one whose findings are privileged and whose efforts and advice are rendered
exclusively in the Defendant's best interests, is not an expert rendering assistance to Defendant or
the defense, and therefore the due process requirements of Ake are not met. See Rey v. State, 897
S.W.2d 333 (Tex.Crim.App.l995).
When an indigent accused makes a clear showing to the trial judge that an expert's assistance
is essential to assist in his defense, the judge has a clear duty upon request to appoint an expert to
assist.
Application for Fees
1. In the past, Counsel has spoken with Dr. Steve Karten, a competent and qualified
specialist in the field of forensic psychology or psychiatry. At the time, this expert charged
$2,000.00 to review mental health records; conduct an interview; and perform a psychological and
social history examination and evaluation, including but not limited to a determination whether the
Defendant was insane at the time of the alleged offense; and possibly testify at trial.
2. The services of a psychologist are necessary to enabie Darrell Lee Curlee to prepare
effectively for trial, present favorable evidence and to cross-examine the state's witnesses. The
MOTION TO PROCEED EX PARTE AND MOTION FOR APPOINTMENT OF EXPERT ASSISTANCE Page:Z
• i
evidence which will be the subject of expert opinion is critical to a determination of Darrell Lee
Curlee's sanity at the time of the offense.
3. lf Darrell Lee Curlee is not provided with expert assistance, Darrell Lee Curlee will
be deprived of due process, due course, and equal protection of the laws, the effective assistance of
counsel, the right to confront witnesses, the right to a fair and impartial trial, the right to present
evidence on behalf of the defense, and the right to explain or deny evidence presented against the
defense in the punishment phase, in violation of the Sixth and Fourteenth Amendments to the United
States Constitution and Article I, Sections 3, 3a. 10, 13 and 19 of the Texas Constitution.
WHEREFORE, PREMISES CONSIDERED, Darrell Lee Curlee requests that this Court
consider this motion and order that sufficient funds be provided to the Defense to have a competent
psychiatric or psychological expert assist in the investigation, evaluation, preparation and
presentation of the defense.
Respectfully submitted,
Terence A. (Tiger) Russell
Attorney & Counselor at Law
PO Box 306
Hillsboro, Texas 76645
Tel: (254) 396-3219
Fax: (254) 582-5593
Jauk~
Terence A. Russell
State Bar No. 17437070
Attorney for Darrell Lee Curlee
BEFORE ME, the undersigned authority, on this day personally appeared Terence A. .
Russell, who, after being duly sworn, stated upon oath that the foregoing was true and correct.
Sworn to and subscribed before me on 1- ~ I3 J 2 a /..3
.
ti~s·"f\\
}"~
" . ...,.g,·
m:.~-
SUSAN M. RUSSEU
MY COMMISSION EXPIRES
January 21, 2015
NO~~fl~
MOTION TO PROCEED EX PARTE AND MOTION FOR APPOINTMENT OF E~PERT ASSISl'ANCE PageJ
, 1 I
N0.37458
STATE OF TEXAS § IN THE DISTRICT COURT
§
vs. § 66 1h JUDICIAL DISTRICT
§
DARRELL ALLEN CURLEE § IDLLCOUNTY, TEXAS
ORDER
On _ _ _ _ _ _ _ _ _ , 20 ll, came on to be considered Darrell Lee Curlee's Motion
to Proceed Ex Parte and Motion for Appointment of Expert Assistance, and said motion is hereby
(Granted) (Denied)
JUDGE PRESIDING
MOTlON TO PROCEED EX PARTE AND MOTION FOR APPOINTMENT OF EXPERT ASSISl"ANCE Page4
- - - - - - - - - - - - - - - · - - --- - - -
---------------~----------------------------------------------------------------
HILL COUNTY SHERIFF'S OFFICEL A W EN F 0 R CEMENT 06 MAR 2
TSG, INC. Inmate Incident History PAGE 1
·--------------------------------------------------------------------------------
Jail Id: 55832
Name: CURLEE, DARRELL ALLEN
31, t+SC6 Race: W Sex: M DOB: 10/30/1946
SO #: 23860 DL#: TX-04173584 SS#: XXX-XX-XXXX Date Booked: 06/16/2012
Date ...... Time ... Location . . . . . . . . . . . . . . . . . . . . . . Reported By ..•.•.............
03/06/2013 10:11am F-8 · CAPT.· CASTRO
Type: JI (JAIL INCIDENT)
Victim: MEDICAL
Witnesses:
Rpt Officer: 240 (CASTRO, A (SGT))
Supervisor: 1000 (MICHAEL COX, SH::miFF}
Narrative: ON 6/15/2012 SUBJECT CURLEE.DARRELL ALLEN WAS BOOKED INTO THE HILL
COUNTY JAIL. SUBJECT •:JAS PLACED IN HOLDING AFTER HE WAS BOOKED
INTO THE JAIL. AFTER SUBJECT WAS ARRAIGNED HE WAS ALOWED TO MAKE
HIS PHONE CALLS AND WAS CLASSIFIED TO SEPERATION FOR MEDICAL
REASON. SUBJECT HAD SEVERAL INJURIES TO HIS FACE FROM AN INCIDENT
PRIOR TO HIS ARREST. ON 8-09-2012 AFTER SUBJECT HAD BEEN RELEASE
FROM MEDICAL SUBJECTNAS RECLASSIFIED TO POPULATION IN B-1 DORM.
ON 08-16-2012 INMATES IN B-1 ASK TO SPEAK WITH ME ABOUT INMATE
CURLEE. INMATES STATED CURLEE WAS JUMPING UP OUT OF HIS SLEEP~
WOULD YELL OUT THAT SOMEONE WAS IN THE CELL TRYING TO GET TO HIM
AND HURT HIM. INMATES STATED SUBJECT WOULD YELL IN THE DIRECTION
OF THE SHOWER IN THE CELL AND MADE THE STATEMENT THERE WERE
PERSONS COMING THRUOGH THE SHOW AND COMING FOR HIM. I ASKED CURLEE
TO STEP OUT OF THE CELL AND SPEAK WITH ME ABOUT THIS MATTER.
SUBJECT MADE THE STATEMENT HE COULDN'T BE IN THE CELL BECAUSE
THERE WERE PEOPLE TRYIBG TO GET TO HIM. WHEN I ASKED CURLEE IF HE
WAS TALKING ABOUT THE INMATE IN THE CELL WITH HIM CURLEE STATED
NO. I~S THE ONES COMING OUT OF THE SHOWER I KNOW THEY ARE TRYING
TO GET TO ME AND HURT ME. SUBJECT WAS THEN REMOVED FROM THE CELL
AND PLACE IN SEPERATIQN FOR HIS SAFETY AND THE SAFETY OF THE OTHER
INMATES. WHILE MAKING ROUNDS IN SEPERATION I CAPT.CASTRO AND OTHER
FLOOR OFFICERS HAVE WITNESS CURLEE TALKING TO THE WALL IN HIS CELL
OR IN THE DIRECTION OF HIS SHOWER. WHEN ASKED IF HE WAS DOING OK?
CURLEE HAS MADE THE STATEMENT THESE PEOPLE ARE STILL AFTER ME AND
BEGAN TO CURSE AT THE~.WALL OR IN THE DIRECTION OF THE SHOWER.END
OF REPORT. \
~
-----------~--------------------~-~--------------------------------------------
.: ..
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MFP
03toa.'2013 16:30
Firmware Version 2KS_2FOO.OOS.004 2010.04.13 (2KS_IOOO. 005.001) [21<5_1100 .001.002] [2KS~O. 005. 001]
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Job No. : 044342 Total Time: o•ot·ss· Page: 012
Complete
Document: doc04434220130306162730
,,.
Cause No. 37,458
lHESTATE OF TEXAS )( IN THE 66TH DISTRICT
vs )( COURT OF
DARREU ALLEN CURLEE . )( HILL COUNTY, TEXAS
JUQGMfNT OF COMM!IMENJi MENTAL INCOMPETENCE
Date of Hearing: MAROI 6, 2013
Attorney for State: Nicole Cl'aln,Asslstant Dlstrld Attorney
Attorney for Defendant: Terence A. R~ll
Data af Birth: 10-~0..46 Raca:White
TRN NO· , 14316336X A001and
No. Date and Time Destination Times Type Result Resolut1on/ECH
001 03/06113 16:28 Jail 0"01"55"" FAX OK 200xl00 Normal/On
' >-t.a . . f:>
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[ QWGOX08415 ]
I
Cause No. 37,458
THE STATE OF TEXAS )( IN THE 66TH DISTRICT
vs }( COURT OF
DARRELL ALLEN CURLEE )( HILL COUNTY, TEXAS
JUDGMENT OF COMMITMENT: MENTAL INCOMPETENCE
Date of Hearing: MARCH 6, 2013
Attorney for State: Nicole Crain,Assistant District Attorney
Attorney for Defendant: Terence A. Russell ~
-
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Date of Birth: 10-30-46 Race: White ; .b'j}
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TRN NO: 914316336X AOOl and a- r-o-
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TRN NO: 914316336X A002 Allen Reg. No: N/A ~
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Cause No: 37,458 Offense: Count One (1) Agg. Assault W/l:iJeaJJfi
Weapon and Count Two (2) Agg. Assault Threat
W/A Deadly Weapon With prior felonies alleged
following each count.
The Defendant was charged by indictment for the offenses shown above In the above
numbered and entitled cause. The Court called the cause for trial on the issue of competency.
The State appeared by her Assistant District Attorney. As charged above, Defendant was
presented by counsel. In advance of the trial on the merits, it came to the attention of the
Court that a suggestion had been raised by the Defendant's attorney that the Defendant is
incompetent to stand trial.
After an Inquiry, the Court found there Is some evidence that the Defendant may be
Incompetent to stand trial, and the Court is not required to hold a jury hearing to determine
Defendant's Incompetent to stand trial because 1) neither party requests a jury on the issue
of competence: 2) neither party opposes a finding of incompetency; and 3) the Court does
not find that a jury hearing is necessary to determine incompetency.
A CERTIFIED COPY
ATTEST j ·- "\ f
ANGEUA ORR . - 20./.Q_
DISTRICT CLERK
Hill COUNTY, TEX S
BY
. ' .
The Court heard the evidence submitted by the parties with Defendant and Defendant's
counsel present. The Court then rendered its verdict and enters same upon the minutes of
the Court as follows:
The Court FINDS the Defendant Is INCOMPETENT to stand trial on this date. The Court finds
defendant unable to effectively communicate with counsel at present, per representation of
defense counsel, as an officer of the Court.
The Court FINDS the Defendant is a person with MENTAL ILLNESS and requires obser~ation
and/or treatment in a mental health facility, for his own welfare and protection or for the
protection of others.
The Court FINDS the Defendant's conduct does involve an act, attempt, or threat of a
violent offense as defined in TEX.CODE CRIM.PROC. Art.17.032(a), and the indictment does
allege a deadly weapon under Section 3g(a){2), Article 42.12.
Accordingly, pursuant to Chapter 468 of the Texas Code of Criminal procedure, the Court
ORDERS Defendant committed to and confined at the appropriate catchment facility within
the state mental health system or the North Texas State hospital, Vernon, Texas, or other
Mental Facility operated by the State of Texas as appropriate. The Court further ORDERS the
Sheriff of Hill County, Texas to take the Defendant to North Texas State hospital, Vernon,
Texas or other facility, as appropriate.
The Court ORDERS that the Defendant is to be held for a period not to exceed one hundred
twenty (120) days.
The Court ORDERS the Clerk of this Court to send a certified copy of this judgment and any
of the following documents available to the Court during the competency hearing:
1. The report of each expert;
2. Psychiatric, psychological, or sodal work reports that relate to the mental condition of
the Defendant, including Court's Exhibit "A";
3. Documents provided by the attorney representing the State or the attorney
representing the Defendant that relate to the Defendant's current or past mental
condition;
4. Copies of the indictment or Information and any supporting documents used to
establish probable cause in the case;
S. The Defendant's criminal history record; and
6. The addresses of the attorney representing the State and the attorney representing the
Defendant; and
7. The Court reporter's record herein.
...
..
A copy of this order is to be' delivered to the Sheriff of Hill County, Texas and that such
documents above referenced accompany the Defendant to the North Texas State Hospital
Vernon, Texas, or other facility as appropriate.
IT IS ORDERED that DARRELL ALLEN CURLEE be remanded into the custody of the Sheriff of
Hill County, Texas for lawful execution of this Judgment of commitment.
Signed this the 6th day of March, 2013.
F.B. (Bob) McGregor, Jr.,Judge Presiding
10-22-2014 1/6
2 54 582 7521 Jail
10/2112014 10:36 P.003J003
FiU:_G
lD/~ OCT 2? Milt: t 2
!!NAL PRE..TRIAL CONFERENCE SUMMARY
~ CASE STATUS REAQINESS REPRESENTATIOri TO THE COURI
CAUSE No.:J'/,4~~
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T.;;~~~The ~db_,..~~
'tj~ROSECVTORS CEllTlFICATION OF TkiAL READJNESi
Tbe merit• o( the ease have bee11 thoroqhly l'C\'Iewed. Pntrlalsetftetllalt n9tlatlou lave beea
•llsuceessflltal4 tbe we l1i ready for trial. t'\ ~ ('_
\.o(e:\~H!. ~~~ ,
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Tb PI'O$.Cator •nd De!easc Couuel het"eby •&ree to the fGIIowktf ltlpulatloae:
J
----
J;yS'i
CHIEF JUSTICE
NATHAN l. HECHT
•
'Otbe ~upreme QCourt of 'CEexa5
201 Westl4thStreCI PostOfficeBox 12248 AI.ISiinTX78711
Telephone:- 5121463·1 J 12 Facsimile: S121463-1365
CLERK
BLAKE A. HAWTHORNE
JUSTICES GENEFML COUNSEL
PAUL W. GREEN NINA HESS HSU
PHIL JOHNSON
DON R. WILLETT ADMINISTRATIVE ASSISTANT
EVA M. GUZMAN NADINE SCHNEIDER
DEBRA H. LEHRMANN
JEFFREYS. BOYD PUBLIC INFORMATION OFFICER
JOHN P. DEVINE May 14,2015 OSLER McCARTHY
JEFFREY V. BROWN
Hon. Ralph T. Strother via regular and electronic mail
19'h District Court
McLennan County Courthouse
501 Washington Ave., Suite 303
RECEIVED
Waco, Texas 76701
MAY 1 4. 2015
RE: Case No. 10~15-00157-CR: In re Darrell Curlee COURT OF APPEALS
WACO, TEXAS
Dear Judge Strother:
Pursuant to the request of the Honorable Tom Gray, Chief Justice of the Tenth Court of
Appeals District, and to the authority vested in me by Texas Government Code § 74.003(h), you are
hereby assigned to service as a Justice of the Tenth Court of Appeals, Waco, Texas, for adjudication
of the above-referenced case.
This assignment will continue for such period of time as may be necessary to complete
consideration of this cause and to pass on any motions for rehearing.
·Sincerely,
~gp-
Nathan L. Hecht
Chief Justice
cc: Hon. Tom Gray, Chief Justice, Tenth Court of Appeals via electronic mail
Hon. Sharri Roessler, Clerk, Tenth Court of Appeals via electronic mail
Ms. Nita Whitener, Deputy Clerk, Tenth Court of Appea(s via electronic mail
Comptroller's Office, Judiciary Section via electronic mail
A CERTIFIED COPY
ATTEST E..-\ 1 . 20j;{_
ANGELIAORR
DISTRICT CLERK
HILL COUNTY. TEXA
BY
TENTH COURT OF APPEALS
Chief Justice McLennan County Courthouse
Tom Gray 501 Washington Avenue, Rm. 415
Clerk
Justices Waco, Texas 76701-1373 Sharri Roessler
Rex D. Davis Phone: (254) 757-5200 Fax: (254) 757-2822
AI Scoggins
May 15, 2015
Mark F. Pratt Terence A. Russell
Hill County District Attorney Attorney at Law
P.O. Box 400 1040 E. Elm St.
Hillsboro, TX 76645 Hillsboro, TX 76645
* DELIVERED VIA E-MAIL * * DELIVERED VIA E-MAIL *
RE: Court of Appeals Number: 10-15-00157-CR
Trial Court Case Number: 37,458
STYLE: In re Darrell Curlee
Enclosed is a copy of a letter from the Texas Supreme Court assigning the Honorable Ralph T.
Strother to sit with Justice Davis and Justice Scoggins in the above referenced proceeding.
Sincerely,
SHARRI ROESSLER, CLERK
By: GA/i:b,_W~
Nita Whitener, Deputy Clerk
CC: Hon. A. Lee Harris (DELIVERED VIA E-MAIL)
LT. Butch" Bradt (DELIVERED VIA E-MAIL)
Lyle Vincent Gripp (DELIVERED VIA E-MAIL)
A .~I;RTIFI~P COPY .
~ffi;§T -~ ~ '> ( .2oj£_
~NGELIAORR
C!ISTRICT CLERK
lbl, OOUNTY, TEXAS
IN THE
TENTH COURT OF APPEALS
No. 10-15-00157-CR
IN RE DARRELL CURLEE
Original Proceeding
MEMORANDUM OPINION
Relator's petition for writs of mandamus and prohibition are denied.
ALSCOGGINS
Justice
Before Justice Davis,
Justice Scoggins, and
Judge Strothert
Petition denied
Opinion delivered and filed June 11,2015
(OT06)
1Ralph T. Strother, Judge of the 19th District Court of McLennan County, sitting by assignment of
the Chief Justice of the Texas Supreme Court pursuant to Section 74.003(h) of the Texas Government Code.
See TEx. Gov'r ~~~~~~~~~-'LU.~
1·1Lt:: CUJJY
2015 Jm: 15 Mi IO: 32
I
TENTH COURT OF APPEALS
Chief Justice I
McLennan County Courthouse
Tom Gray 501 W ashirlgton A venue, Rm. 415
I
Clerk
Justices Waco, !Texas 76701-1373 Sharri Roessler
Rex D. Davis Phone: (254) 757-5200· Fax: (254) 757-2822
AI Scoggins
June 11,2015
Mark F. Pratt Terence A Russell
Hill County District Attorney Attorney at Law
P.O. Box400 1040 E. Elm St.
Hillsboro, TX 76645 Hillsboro, TX 76645
* DELIVERED VIA E-MAIL * *DELIVERED VIA E-MAIL*
RE: Court of Appeals Number: 10-15-00157-CR
Trial Court Case Number: 37,~58
STYLE: In re Darrell Curlee
The Court this day issued an opinion and judgment in the above referenced cause. TEx.
R. APP. P. 48.
Sincerely,
SHARRI ROESSLER, CLERK
CC: Hon. A Lee Harris (DELIVERED VjiA E-MAIL)
L. T. Butch" Bradt (DELIVERED VIA
I
E-MAIL)
Lyle Vincent Gripp (DELIVERED VIA E-MAIL)
A cERTIFIED coP:; / j
ATIEST ~ ,- .;> , 20Jr_
ANGELIAORR
rex
"oiSTRICT c4ERK
.HILL COUNTY.
BY
.· .
··-----·--·------
BE IT REMEMBERED:
THAT at the term of the Honorable Court of Appeals for the Tenth District of the State of
Texas, begun and holden at Waco on the 1st day ofJanuary, 2015, present Justices REX D. DAVIS
and AL SCOGGINS and Judge RALPH STROTHER
In the cause
No. 10-15-00157-CR
IN RE DARRELL CURLEE
Original Proceeding
the following Judgment was entered on the 11th day of June, 2015:
"Came on to be heard the original Petition for Writ of Mandamus filed in this Court on May
5, 2015, by Relator Darrell Curlee, and the same having been considered, because it is the opinion of
the Court that the Petition for Writ ofMandamus should be denied; it is therefore ordered, adjudged
and decreed that the Petition for Writ of Mandamus be, and hereby is, denied. It is further ordered
that the Relator Darrell Curlee, pay all costs in this behalf expended and incurred in this Court."
I, SHARRI ROESSLER, Clerk ofthe Court of Appeals for the Tenth District ofTexas, at the
City of Waco, hereby certify that the foregoing is a true copy of the Judgment entered herein by this
Court in the above entitled and numbered cause as appears of record in Minute Book 13, Page 519.
IN WITNESS WHEREOF, I hereunto set my hand
and affix the seal of said Court at Waco, this 11th day
of A.D. June 2015.
Sharri Roessler, Clerk
By: di:J::L w~
Nita Whitener, Deputy Clerk
··"
.- - .. ·-·- . ---------------------
.... ... ~ .... ~-"
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'I -·
CAUSE NO. -sJ ~58
THE STATE OF TEXAS VS. DARREL ALLEN CURLEE
CHARGE: AGGRAVATED ASSAULT WITH A DEADLY WEAPON
b~SAJJLLTHREALW!I!!A PEADIY WEArPN
IN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS:
·'
THE GRAND JURY, for the County of Hill, State of Texas, duly selected,
empaneled, sworn, charged and organized as such at the JULY/DECEMBER term, A.D.,
2012 of the 66th Judicial District Court for said County, upon their oaths present in and to
said court at said term that DARREL ALLEN CURLEE hereinafter styled Defendant. on or
about the 15TH DAY OF JUNE 2012 and before the presentment of this indictment, in the
County of Hill and State aforesaid, did then and there unlawfully, intentionally or knowingly
or recklessly cause bodily injury to Christopher Jordan Wally by cutting him with a knife,
and the defendant did use or exhibit a deadly weapon during the commission of the assault,
to-wit: a knife, that in the manner of its use or intended use was capable of causing death or
serious bodily injury.
And it is further presented that ior to the commission of the primary offense by the said
Darrel Allen Curlee, to-wit: on th 25th day of February 1983, in the District Court of San
Miguel County, New Mexico inCa e No. 81-73-CR on the docket of said Court, the said
Darrel Allen Curlee, under the name o Darrerll Allen Curlee, was duly and legally convicted
in said last named Court of a felony, to it: Second Degree Murder upon an indictment then
legally pending in said last named Court nd of which said Court had jurisdiction; and said
conviction was a final conviction and was conviction for an offense committed by him, the
said Darrel Allen Curlee, prior to the commis ion of the primary offense.
'
•
•
And it is further presented that before the commission of the primary offense and after the
1
conviction in Cause No. 81-73-CR was final, the defendant, Darrel Allen Curlee, committed
the felony of B glary and was convicted on the 9th day of May I989 in the Seventh Judicial
District Court of an Juan County, Utah, in Cause No. 767.
And it is further pre nted that on or about the 15m DAY OF JUNE 2012 in the County of
Hill and State of Tex , the defendant, DARREL ALLEN CURLEE, did then and there
intentionally or knowin ly threaten Jerry Wayne Vessells with imminent bodily injury by
attempting to cut and/or b him with a knife and the defendant did use or exhibit a deadly
weapon during the comm is ·on of the assault, to-wit: a knife, that in the manner of its use or
intended use was capable of c using death or seriotis bodily injury.
And it is further presented that p ·or to the commission of the primary offense by the said
Darrel Allen Curlee, to-wit: on the 5th day of February 1983, in the District Court of San
Miguel County, New Mexico in Cau e No. 81-73-CR on the docket of said Court, the said
Darrel Allen Curlee, under the name o Darrell Allen Curlee, was duly and legally convicted
in said last named Court of a felony, to- it: Second Degree Murder upon an indictment then
legally pending in said last named Court d of which said Court had jurisdiction; and said
conviction was a final conviction and was a onviction for an offense committed by him, the
said Darrel Allen Curlee, prior to the commiss n of the primary offense.
And it is further presented that before the com 'ssion of the primary offense and after the
conviction in Cause No. 81-73-CR was final, the endant, Darrel Allen Curlee, committed
the felony of Burglary and was convicted on the 9th day of May 1989 in the Seventh Judicial
District Court of San Juan County, Utah, in Cause No. 767.
Certification of Defendant's Rigbt of Appeal
No. :JJ 1'-\S!
The State ofTexas In the \ \~ Court
v. of
Ci,.c- c~\ \ (~,\-!(~ ~ ~, ~ \
~~--"-'--~'------County, Texas
Defendant
TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL•
I, judge of the trial court, certify this criminal case:
Dis not a plea-bargain ease, and the defendant has the right of appeal. [or l
Di• a plea-bargain case, but matters were raised by written motion filed and ruled on before trial and not withdrawn
or waived, and the defendant has the right of appeal. [or]
Dis a plea-bargain case, but the trial eoun has given permission to appeal, and the defendant has the right of appeal.
[or]
" i ; ] i s a piea·barxain ca , nd the defendant his N 0 right of appeal. [or]
I have received a copy of this cenification. I have also been infonned of my rights concerning any appeal of this
criminal case, including any right tO file a prose petition for discretionary review pursuant to Rule 68 of the Texas
Rules of Appellate Procedure. I have been admoni5hed that my attorney must mail a copy of the court of appeals's
judgment and opinion to my last known address and that I have only 30 days in which to file a prose petition for
discretionary review in the Coun of Criminal Appeals. TEX. R. APP. P. 68.2 I acknowledge that,!{[ wish to appeal
chis case and if l am entitled to do so, it is my duty to inform my appellate attorney, by written communication, of
any cb&nge in the addres5 at which I am currently living or any change in my current prison unit. I understand tbat,
because of appellate deadlines, if I fail to timely inform my appeUate attorney of an change in my address, 1 may
l the opportu · fil{;pro "/)tition for discretionary review.
~~~~A~.~ .
e ndant e ndant's Counsel ~\-e.G~; q~
Mailing Address~~ \ Sta~e. Bar ofTexas ID numbe_r (')~ ~ O<:;::J(,
Telephone number: MaJhng Address: \OO N"':' \j. +(\\<J''.
Fax number (if any) Telephone number: ~ , _
~ '::> '-~- \\ \ (
1
Fax number (if any):
• u A defendant in a criminal case has the right of appeal under these rules. The trial coun shall enter a
certification of the defendant's right to appeal in every case in which it enters a judgment of guilt or other
appealable order. In a plea bargain case-· that is, a ca!IC in which a defendant's plea was guilty or nolo
contend~:~r~:~ and the punishment did not exceed the punishment recommended by the prosecutor and agreed
to by the defendant·· a defendant may appeal only: (A) those matters that were raise:d by written motion
filed &lid ruled on before trial, or (B) after getting the trial court's permission to appeal." TEXAS Ruu: Of
APPELLATE PROCEOURF. 25.2(a){2)
STATEMENT OF FACTS FOR.c\1
TO: Q[RECTOR, BUREAU OF CLASSIFICATO:.I
TEXAS DEPARTME~T OF CORRECTIONS
BOX99
HUNTSVILLE, TEXAS
FROM: NICOLE CR.AlN, PROSECUTfNG ATTOR.i'IEY
HILL COUNTY, TEXAS
Cause No.: 3¥£5: <g
Name of Inmate: }) i.cz.u\\ l)Je,fe. .-e
Date of Sentence: :) t~ \\ot6 lz:5 Penal Code: _ _..~~:::..::..'-->00""-'~=--
1. Statement of offense or offenses (including time, date, place, manner in vvhich
committed, mitigating or aggravating circumstances).
!~N~~J:~!'~~~n "tit~~
2. 0:ame of co-defend ts, disposition of their cases
.J. Name and addresses of injured party, value of property stolen or the amount of
loss sustained by injured paftiJ. Was stolen property returned to owner without
loss?~~~~ ?Ja~
4. Other cases again -r det~ndant, dismissed or pending:
Prosecuting Attorney
Hill County, Texas
Incident Report #2012181816
HILL COUNTY SHERIFFS OFFICE
SHERIFF JEFFREY T. LYON
406 HALL STREET
HILLSBORO, TX
TEL 254-582-5313
FAX. 254·582-3848
sheriff@co.hill.tx.us
/Event Info
Date Reported Time Reported J'_hne ·Pispatched · time Arttved Time Completed
06/15/2012 21:09 21:09 21:11 22:10
Addr. Of Occ. City' District Grid Shift
322 CR 3108 HILLSBORO H 8
How Reported Dispatch. Disposition
911 OR
Synopsis ·· ..
CALL TYPE: ASSAULT
Dispatch Notes
CURLEE IN CUSTODY 6/15/2012 9:14:02 PM
HEMS ENR TO SCENE 6/15/2012 9:16:26 PM
109 HAS RECOVERED WEAPON, IS SECURED IN HIS VEHICLE FOR EVIDENCE 6/15/2012 9:30:31 PM
Agency1 Event StatUs/Dis po E~tStatus/Dlsp Initial Investigator
HCSO CLEARED ADULT 06/1512012 BARNES, HUNTER
ARREST
§ssificatlon
------------~----------~
Classification Info COMPLETED
Class S.ubclass.
ASSAULT AGGRAVATED ASSAULT, NONFAMIL Y, KNIFE/CUT INSTR
EventMO
Hate/Bias Motivation Domestic VIolence Premise Auto Weapon Indicator
NONE N OTHER LOCATION N
Type WeapJForce S1.4spectad Using
KNIFE/CUTTING INSTRUMENT NOT APPLICABLE
[ Arrested._P_e_rs_o_n_.& - - - - - - - - - - - - - - - · - - - - - - - - - -.. ---·--·--·--·-]
Arrestee Information
Name Type ~~me
ARRESTEE CURLEE, DARREL ALLEN
Address City Stat& DLNo OLStata
804 S. 3RD ST, LOT #6 GRANDVIEW lX 04173584 lX
DOB ~EX RACE EO HT WT
10/30/1946 M WHITE NON-HISPANIC 600 200
HAIR EYES
Incident Report • Page 116
GRY BLU
Arrestee Details
Charge Code Charge D~crl~ion Charge Dispo
22.02(A)(2) AGG ASSAULT W/DEADL Y WEAPON ARRESTED
22.02(A)(2) AGG ASSAULT W/DEADLY WEAPON ARRESTED
Ref Date ArrTime Arrf3y ArrAgency Arrest Location
06/15/2012 10:00 BARNESH HCSO HCR 3108 AND HCR
3121
Type Arrest Anne,dWitf1
ON-VIEW ARREST LETHAL CUTTING
INSTRUMENT
[suap~cts . ·---------~ --------------------------1
I
suspect Information
Name Type Name
SUSPECT CURLEE, DARREL ALLEN
Relationships
ASSAULT/AGGRAVATED ASSAULT, NONFAMILY, KNIFE/CUT INSTR
Address City State DLNo DLState
804 S. 3RD ST, LOT #6 GRANDVIEW 1X 04173584 1X
DOB sex RACE EO HT WT
10/30/1946 M WHITE NON-HISPANIC 600 200
HAIR EYES
GRY BLU
Suspect Information
Name. Type Name
SUSPECT CURLEE, DARREL ALLEN
Relationships
\ ASSAULT/AGGRAVATED ASSAULT, NONFAMILY, KNIFE/CUT INSTR
Addre$& City. State DLNo DL State
804 S. 3RD ST, LOT #6 GRANDVIEW lX 04173584 lX
COB· s~ ~ EO HT WT
10130/1946 M INHITE NON-HISPANIC 600 200
HAIR EYES
GRY BLU
~i_m_s____________________________________ _____ j
Victim Information
Name Type Name
VICTIM WALLY, CHRI~TOPHER JORDAN
Relationships
ASSAULT/AGGRAVATED ASSAULT, NONFAMIL Y, KNIFE/CUT INSTR
Address City State Zip COB
164 REAGON RD WHITNEY lX 76692 03/13/1994
SEX- RACE EO HT WT HAIR
Incident Report - Page 2/6
-------~------··
' M WHITE NON-HISPANIC 604 185 BRN
Res Phone
(254)479-1296
Victim Details
Type VIctim Aggravated Assault/Homicide Circumstances
INDIVIDUAL OTHER CIRCUMSTANCES
Type InJury
APPARENT MINOR INJURY
Victim Information
Name Type ~arne
VICTIM VESSELS, JERRY WAYNE
Relationships
ASSAULT/AGGRAVATED ASSAULT, NONFAMILY, KNIFE/CUT lNSTR
Address City State Zip SSN
322 HCR 3108 HILLSBORO lX 76645 XXX-XX-XXXX
MlsciDNo DLNo OLState 008 SEX RACE
7035 lX-16098630 lX 01/03/1977 M WHITE
EO tfT WT HAIR EVES Res Phone
NON-HISPANIC 600 170 BRO BRO 254-266-0133
Occupat,ron "ar(~J $jatus R.!lsld Status POB
CONSTUCTION MARRIED RESIDENT UGOTE, TX
Victim Details
Type Victim Aggravated Assault/Homicide Circumstances
INDIVIDUAL OTHER CIRCUMSTANCES
Type Injury
NONE
~_a_rt~y-·__________________________________________________,___________
RPTG PARTY Information
NameTy.pe Name
RPTG PARTY VESSELS, SHEILA
Address City State Res Phone
322 CR 3108 HILLSBORO lX (254) 266-0487
IProperty ~
L _ .- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - · - - - - - - - - - - _j
EVIDENCE
Date Reported Status Evidence Item No. Property Type Color
06/1512012 EVIDENCE IN 2012181816-1 WEAPON, NON BLK/ Sll
CUSTODY FIREARM
Brah.d Property Quantity
EMIRIL 1
[~ehlcle
l
__ .I
Record Type - IMPOUNDED
Incident Repor1 - Page 3/6
'
'
Date Reported Status
e UCPiateNo State Vehicle 10 No
06/16/2012 POLICE TOW 207XPM 1X 1G4HP54K214208555
Year Make Model Style Color
2001 BUIC 4-DOOR PC TAN/fAN
Comments
BIG DADDYS WRECKER SERVICE
lr'~
JaJOra. -
t_ ive
--· - - - - - - - · - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - · . .1
I
Written By:
BARNES, HUNTER
On 06/15/2012 at approximately 9:09P.M. SGT.Bames and Deputy Sanchez were dispatched to HCR
31 08 in reference to an Aggravated Assault. Dispatch stated that the suspect had possibly stabbed two
victims with a knife, and that the suspect was in the roadway. Dispatch al.so stated that the suspect who was
an older man was driving a Gold Buick passenger car. Dispatch stated that the caller advsied that the suspect
was trying to get her 16 year old daughter.
Deputies arrived on location and observed a Gold in color Buick four door passenger vehicle in parked with
the driver side door that was open, and a white male who was later identified as Darrel Allen Curlee (W!M
10/30/46) sitting in the driver seat. SGT. Barnes observed that as he activated his overhead red and blue
lights, the brake lamps carne on the vehicle. With the information that was provided from the caller and that
it was unkown if Curlee was still armed, SGT. Barnes via his patrol units P.A. system was able to get Curlee
out of the vehicle and on the grotmd where he was safely detained.
Deputy Sanchez remained on location with Curlee who appeared to have an injury to his right eye until
Hillsboro Fire and EMS arrived to treat Curlee who later refused transport.
SGT. Barnes went back to the complainants residence located at 322 HCR 3108 and made contact with the
caller who was identified as Shiela Vessels (W/F 0 l/28/77). Sheila stated that her 16 year old daughter
Megan Vessels (W!F 06114196) was walking with some friends down the road, and that an older white male
(later ID as Curlee) attemtped to get Megan and possibly try to rape her. Shiela stated that Megan called her
and was crying as she was telling her what happened. SGT. Barnes asked Megan if Curlee ever touched her or
grabbed her, she stated no he didn't, he only was making comments towards her and repeatedly kept saying
"hey girl". Megan stated that the man (Curlee) then got out ofthe car and started towards h_er and attempted
to grab her, at which point (Jordan) also known as Christopher Jordan Wally (W/M 03/13/94) stepped
between her and Curlee and told him to quit. Megan stated that Curlee then pulled a knife out on Jordan, who
in return hit Curlee and she took off running and called her mother. Mega~ stated that her dad was able to get
the knife away from Curlee.
SGT. Barnes then spoke with Christopher Jordan Wally (W/M 03/13/94) (victim #1) who stated that they
were walking down the roadway throwing rocks and running, when they passed the Gold vehicle, they turned
back around to head back home and that there was a man standing outside of the car at this point. Wally stated ,
at this point the man (Curlee) went after Megan and tried to grab her, in which he couldn't allow to happen so
he attempted to stop him, when Curlee pulled a knife on him and said " you pussy's want some". Christopher
stated that the man (Curlee) then cut him with the knife so he in self defense hit Curlee twice and pushed him
to the ground at which point he left to go back to the house.
SGT. Barnes observed a small minor cut on the left shoulder and left chest of Christopher where he advised
Incident Report - Page 4/6
..
· that he was cut by Curlee. SGT. Barnes captured digital images of the injury.
SGT. Barnes then spoke with Megan1s Father, who was identified as Jerry Vessels (W/M 01103/77)
(victim#2). Jerry stated that Megan called his wife saying that there was a man that was trying to attack her
-and was saying nasty things to her and Jordan. Jerry stated that Megan advised that Jordan Wally was trying
to keep the man (Curlee) from getting Megan. Jerry stated that he then left his residence at 322 HCR 3108
and ran as fast as he could to stop things from getting worse.
Jerry stated he got there and asked what was going on, and the man that was on the ground pulled a knife and
came towards him trying to cut him. Jerry stated that he at this point did strike the man and was able to get
the knife away from him and returned to his residence and waited on Deputies to arrive.
SGT. Barnes took possession of one Black handle with metal blade knife and captured digital images. SGT.
Barnes later secured the knife that was used in the offense into the evidence lockers at the Hill County
Sheriffs Office.
Hillsboro Fire and EMS checked all subjects involved in which all including Curlee advised they didn't want
to be transported to the hospital.
an
Both Jerry Vessels and Christopher Jordan Wally were provided affidavit of complaining witness form in
which they both showed the desire to prosecute Curlee for Agg. Assault with Deadly Weapon(knife). SGT.
Barnes also obtained voluntary statements from Wally, Jerry Vessels, and Megan Vessels as to the events in
which they happened.
SGT. Barnes asked Curlee to provide his side of the story, at which point he stated he never had a knife, then
said he did have a knife in which he did pull out but doesn't remember trying to stab anyone with it. Curlee
stated that he thought he pulled the knife because he thought that the kids were going to hurt him.
With the evidence that was gathered on location and witness statements gathered, it was determined that
Curlee did then and there while being located in Hill County, Texas commit two seperate offenses against
two seperate victims of Aggravated Assault with a Deadly Weapon. Curlee was hit by the victims in self
defense to prevent Cudee from stabbing them.
Curlee was then transported to the HCLEC without further incident
[supplem~ntal Narrative
------~
Date.Written: Wrttten·.By:
06/16/2012 SANCHEZ, ALBERTO
On 06-15-2012 at approximately 9:09pm I, Deputy Albert Sanchez along with Sgt.H.Barnes were
dispatched to 322 HCR 3108 in reference to an Aggravated Assault. HCSO dispatch advised that a male
subject had possibly stabbed two victims, advised that he was out by the roadway.
Deputies observed a W/M later identified as one CURLEE, DARREL ALLEN (WIM 10-30-1946) sitting
in his Gold Buick 4 door passenger vehicle bearing Texas LIP 207 -XPM just past HCR 3121 right before
the Hill College Rodeo grounds.
CURLEE was detained until the incident could be investigated. I observed CURLEE to have dried blood on
Incident Report· Page 5/6
j ... 0
'his right eye and some on his body. CURLEE was not wearing a shirt, had jeans on and boots. CURLEE
appeared to have an injury to his right eye. ·
CURLEE advised that he had stopped on HCR 3108 and was fixing himself a sandwich and was drinking
water. He advised that before he knew it that he had been jumped by some people down the road. He advised
that he did not know why he got jumped and assaulted. I remained on scene with CURLEE while Sgt.H.Bames
went back to 322 HCR 3 I 08 to speak with the complainants and get written statements in reference to the
incident.
Paramedics arrived on scene and attended to CURLEE. He later refused transport to the hospital.
Sgt.H.Bames was provided with written statements in reference to the assault by two separate victims.
Sgt.H.Barnes placed CURLEE under arrest for aggravated assault with a deadly weapon times two. CURLEE
was transported to HCSO jail where he was booked in. End of report.
A.S.
IGraphics
IAttachment List
Attacltment TIUe. eate Entel'&d Entered By · FileName
2012181816 CURLEE 06/1612012 BARNESH 2012181816lMPOUND SHEET CURLEE.POF
2012181816 CURLEE 06/1612012 BARNESH 20121818162012181816 CURLEE.PDF
ICase Manag~ment _j
~.----~----~--------------------------------
Initial Investigator EventStatusJDispo Event Status/Dispo Date Report Status
BARNES, HUNTER CLEARED ADULT ARREST 06/1512012 APPROVED
Approved By Solvability PercE!otage
BARNES, HUNTER 0.00%
Incident Report - Page6/6
vs.
Q
,,
\.
C'l c (S' ' \
c (\ .
~}...' \~'Z
O£STRICl'COURTOF
HILL COUNn'. TEXAS
..
WAIVER OFTIUAL BY JURY AND OTHER MA1TE8S
. Cameaowfttedefeada~~ ()o..(' (e_\\ c'-'- ( \0 -£ ,OQ I l "?:1\ .~o \~
the above styled and a umbered cause 1a opea. Court a ad before havi~gpled to the indidatent herdu., ann.ouoces
Ia.
that deCeadant will piad guilty to said charge a ad herebyreque$ts the coasen.t aCJ,d approval o(the Caul-t a ad or
~ actoraey for dle State that defendant may mive the right to trial by jury herein and 'd~ upon the co nseot or
1
the Coun aud State s A«orueyy waive trial by Jury and eater hlslher plea of guilty; and defendant aad hlslher
auoraey waive the 10 day waltlag period for trial aftet appointment of counsel; u11der Article l1.1B Ca the
dd'eudaa.t aad the aUorney l"epr'e$elltlng the state ao.d the attorney representing the defeadaat file this their
writtea. coueat tO the use or d.Gsed clrcutt video taecoafecucla.g, iC applkabfe, aad stipulate aUprerequ lsltes o(
!r::rr;~
Defeudaot
.~
AUomey for lh.e Defeadant
. · Befoce file sald de!eadaac a.tea hlsJher- plea hereln, the .above m.atten aa.d requeSts o( tbe defend.aat
herei11. are her6Jy coaseated to; and approved by me. the .attorney r-epresea.tln~e State herein..
\(\l~. ~
D~iney, Hili County, Texas
Th~ aboveud foreg<~iag applicatioa oft.&.ede~daat and approval of the districtat~y h~ having
dul co by the Cocut and It appeario.g to the court that the defe~daa.t is hereia charged witb a
-"--.-.~=:oo~"--.;....,~---.J that the defeodant is repceseuted by eoullSel, and that ~c attorney
ela hu given the coa.seet and approval to same, that deCeudant aad his attorney have
period Cor erial after appolatmea.t o( counsel, eCore consent aod approval o( the
aad aU ot.&.cc .utters aa appUcabl re •P·Dr!CWC.O:
AGREEMENT TO STIPULATE TESTlMONY
Said defendant, defendant's counsel, and the State's Attorney do hereby eater into aa. agreement that the
deCendaat waives the appear-a nee, coafron.tation, and cross es:aminatlon o( witnesses i.o. the above entitted and
nurub«ed cause and agrees that tb.e testiro.ony oC said ~tnes:ses. may be stipulated into the record by the State's
Attorney, such testimony being the same as testifying under cath :~utd the defendant farther consents to the
iD.troductloll or testlmoay by affidavit, written statements or witnesses, :and all other documcn.t.ary evidence tha(
may be introduced by the Stale, snd w.aiV'es the filing o .alhucb. testimony~ affidaV'its and statements alllong th~
~CkP~
EFENDANT .
0
BY
e
Cause No. ~'1. ,'-\~~
THE STATE OF TEXAS §
vs. §
Oc, r \5L_ \ \ chl-, \~~ § HILL COUNTY, TEXAS
WAIVER OF TX C.C.P., ART. 39.14 ADDITIONAL DISCLOSURES,
Comes now the defendant and hereby waives any additional right to inspection or copying of discoverable items
in the State's possession as pennitted by Texas Code of Criminal Procedure article 39.14, other than to the State's
continuing duty under article 39.14(k), as well as under the United States and Texas Constitutions, to provide
exculpatory, impeachment. or. mitigation evidence tending to negate the defendant's guilt or tending to reduce his
punishment for the charged offense. My attorney has fully and completely explained to me my right to further discovery
pursuant to article 39.14, and I understand that right. I am freely, knowingly, and voluntarily waiving that right after
my attorney has fully infonned me of the consequences oftbis waiver. I am waiving the right to additional discovery in
order to accept the State's recommended punishment. I am choosing to agree to the State's recommendation of my own
volition because l believe it is in my best interests to accept the agreement after receiving the full advice of counsel and
explanation of ?I' righ~ n
1,1.aAJ.Yf!.C~
efendant
1.h\
Date
\ll
Defense A orne (print)
~
Date
This document was executed by the defendant, defendant's attorney, and then fl.}ed with the papers of the case.
The defendant came before me and I approved the above waiver along with the defendant's plea of guilty or no contest.
After I admonished the defendant of the consequences of his waiver, I ascertained that defendant entered it knowingly
and voluntarily after discussing it with defendant's attorney. It appears that the defendant is mentally competent to
waive any additional discovery, and is doing so freely and voluntarily. 1 find that the defendant's attorney adequately
informed defendant of his article 39.14 ri ts a the effects of this waiver.
Signed this __j_ day of , ·LA/ )~
STATE OF TEXAS § IN THE 66TH DISTRICI'
vs. § COURT OF
Do- \ '{>___ \ \ C.v- (' \£_~ § BILL COUNTY, TEXAS
WAIVER OF PRE-SENTENCE INVESTIGATION
Now comes Q
G ( c.o \\ G 5 r l1-E.'R , Defendant and waives a pre-
sentence lnvesdgadon in the above captioned cause, Code of Criminal Procedure
42.12, Section 9.
Signed this_ day o( · 20_.
~~A.~
Defendant
\
A CERTIFIErOP~
ATTEST . ,. I .20_}_;f_
ANGELIAORR
DISTRICT CLERK
f'\1illl COUNTY. TEXAS
BY I \.
·'
'
SI'ATE OF TEXAS § lN mE 66nl JUDICIAL
vs. J DISTRICT COURT OF
~\<;"(2 \\ § HILL COUNTY, TEXAS
CQURT'S APMQmSHftiENJ' TO DEf'ENDANT
11ae Co11rt, prior tG acceptlaj the ~e IWDtCl Defcadaat'r plea Ia. this cause. admocablaes uicf Def'eaclaat,
. . \_ . (l) ~ raJIIt . or paltlaaeat .. · for tile otreaH of A ~ A~S:;,._ u_ \-J.
U ) '"" \\ o..do~\, l'<QoJ;;)f'•sECOND DEGREE, wbkb b all'ELONY, alleged Ia. dais cause lshable by .
can.c.-.t la O.e doul ioa. ofdae Departtaeat ofCrlmlaal.JIIfdce for a t.ena o(aot IIUIR daaa. Cftllty (20) yean
or lesl Uaaa two (l) yean; ha additioa tG lmpriloa.eat, aalacliYidldl.Sjaclgedpllty ofa feloDy of file MCOild clecne may be
paalsfled by a fiae aot to o:c:eed SlO,I;)OO.
(l) A.Jty n:eommeadatloa of the prosect~dq attoney u eo paais.haaeat b caot bla.dlaa oa tl&e Court. ud tbe Court
1111.y set pcsaiskmeat wWIIa tile I'UI' recited above; ·
(J) Uyoo 1111d JUUr a~raey ltave reached a plea barpln with tfte proseeuda.gattorMy1die Court will lalorat you tr
It .cceptJ or rejects 111ch agriemea.t Wore aay fiadlag oa your plea. [{ the Court rejects the plea bupia. you wiU be
permitted to withdraw yoar plea or pllty or nofo c:onteedere;
(4) A plea of.aolo coatendcrc (or "ao eoate$t") has the ume legal efl'ect Ia this uiminal case as a plea of guilty;
(5) (f the paa1shateRt assessed does aot a:ceo4 the pua.lsbmeat reeommeaded by Che ptoSeWtlag attorney aad agreed
to by yea aad your actontey, tb.is Court must give its permissioa to you before you may prosecute an appeal to a ltigfler court
ott any auttcl' ill this case except for Chose matten ratted by written motioat filed prior to trial;
(6) [(you are 11ot a dtizea of the United Stata of America. k Is presumptlvcly mandatory arul vlrta.ally eertaiu nQder
federal law Chat a plea of guiUy 0(' aolo coa(CIId~e tor this otreue wtU resalt io deportatioa, the c:xdiUioa &o.n ad miss lou to
ttlil eocaat.ry, or tbe deo.lal of aaturallmtioa uader federal law. CoaQCI for defenclaa.t certifies tllst proper legal advice about
the adverse COIISCqueaccs of such a plea lw beea provided to tiN defeaclant prior to the plea h.erein.
(7) Uyoa are coavic:ted of a a o((eu.se lovolving violeac:c: whece you are or were a spouse, intimate partaer, pareat, or
guard faa of~e vktha or are or wa-e iovolved in aoothu, similar relatioosblp with the victim, or aala'Wfidly po:rse:su fit'earm,
• felotly, it wocdd be uobwful for you to possess or purchase a firear~no lndudlog a handgun or loag guo. or ammunition,
pursuaaUo f~f law aader 18 U.S. C. SecCloo 922(gl{91 or Sectioa46.04(bJ, Teus Penal Code. ({you ban aay questions
wllether these or other applicable laws make it illegal for you to possess or purchase a tlreann, you should coasult an attoruey.
-' {8) You may not be compdC«< to give evidence or testify agaiost yoarself. You have the right to remain siteat and not
kStify. Kowever.lf you. elect to waive these rights and testify, anything you say can and will be used as eviden(e against you.
sgcoND OBGRH£ ::f'Q.n. c:;tO 15 Page 1
'
(9) Wilen Deterred Adjudicatlod Probation ill pated. and ICtlaere Is a later violation of a eoadltioa ofprobatioa.
you lll.lf be arrested aad detained. You d thea be entitled to a hearlag Utnited to the determination ~J' Ur.e Court of'Wfl«her
lt proteedt .ur. aa adJudkatloa of guUt 00 the original ehargr.. No appeal mar be taka~ fn~m thls detennlnatioll. After Ill
adJudicatloa. of pl11y, all proeeeclia:gs., llldudlag IISielllllet\t ofpullftb~t, proa.oanteoleilts ofseatence, graa.dng ofprobafioa,
ud your appeal; if any, eoatfnue u lfefle adjudication of &uift llad ut been defernd, ud the range of pua.isbmca t: for tile
orilfna( charge could then be coaaldeced by the Court and latpOteel on you.
{lD} Uaw HB 1106 oUIIe 26llltg&f.atlvuealoa. you are adcnollirhd, betorebdag pl.ued oa deferred ad}ndJcatica
coauaualty aupen'llloa.lf applicable, ot,Yoar right to petldoa tbe Court far aa order ofllondbdosure. ullless you are lnellglble
to pul'llle ctlat rfP.t becatUC oC: (A) the nature of the oft'eose Cor wbkh you wo~ald be placed oa deferred adjqdicatlon
eommaiiJty supervbloa; or (B) yoar ulmlUJ IJJJtoey.
(11) U'(fait proeeed(q ta(ca place oa or after January 1, 2014, aacf the allqed otrease wu comml((ecf Ott or after
Jacuaary 1, 2014 and before the Court ac:tepCS a plea or guilty or aolo cooteadere. or before trial, each party ackaowledges by
tills wriCing, or oa the record, in open court. that disclosure. mdpt, aa.d a I~ of all documents, lteuu and infon11ation a
reqfdred afldao S81611, 2013 hgislatlve ICI:floa, uaeodlag A.rtldeJ9.l~ CCP,Iw bee4 prO'I'ided die deleadant.
.lO~
APPROVED A.S
JUDICIAL
T OF lULL COUNTY, TEXAS
On tlds the ~ day of ~· lO_, I. (b_f rg_ \ \ .\. \..\ C \s.~ , Defclldallt herein, aad
ll \~ (;-\ p (' , Counsd for the Defeadan.t, hereby cerdty that we flaw receMd. read &lld
uadCI1Uad the foregoing Court'aadmollltloas, are fully aware of the consequeaces of the Defcadaat's plea ill tills case, waive
the Defeadaat'a right to reanaift silent, and ex
SECOND DEGREE :fl:\f.\.~\.S Page2
I
l •.
Caus~ ~o.- 3J \\.\£] ':i
STATE OF TEXAS §
vs.. § DISTRICf COURT OF
Cbs t€...\\ Cu r. \~ ~ § HILL COUNTY, TEXAS
STfPULATION OF EVIDENC~
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, The State ofTexas, by and through her District Attorney, an.d the
Defea.dant, ( ) u_ \ C' s... \\ C~ ( \9 :±: , in person aa.d by and tht-ough
bis/her attorney, b._,\ \-s G\ \ q ~) ,in open Court stipulates t:o the
fo((owiag facts: ·
At the trial of this ~use the State could and would produce witnesses who would testify
aad establis~ beyond a reasonable doubt, the truth of all of the matedal allegations in the
indictment and/or information and charging instrum.ent herein, (including eo.haacelUent
eharges} and such anegations are in fact tr11e.
SIGNED AND STIPULATED IN OPE~ COURT this ~y of_!lo!:-;z:---"~::....~..J.--
21l}f {
~~
Mark F. Pratt, District Attorney
i1.d2/) ~
Defendant
Nicole Cram., Assistant Distdct Attorney
Attorney for Defendant (if applicable)
. •ri. . . ~~;,.':::f. r),; ·~ r
THE STATE OF TEXAS § IN THE DISTRICT COURT
vs. .§ OF
Q_(\~ \\ Cu <\~--s;_ § HILL COUNTY. TEXAS
ARTICLE 39.14 DISCOVERY DISCLOSURE FORM
The State of Texas and the Defendant in the above styled and nuinbered cause hereby
acknowledge, prior to the Court's acceptance of the Defendant's plea or before trial, the disclosure,
receipt and a list of all documents, items, and information required to be made available by the State
to the Defense.
Said documents, items and information made available to the Defendant include those items set forth
in Exhibit A attached hereto.
SIGNATURES AND ACKNOWLEDGEMENTS
Defendant Represented by Attorney
:::,. I. the Defendant herein, acknowledge that my attorney has explained to me, and provided
me the opportunity to review the above referenced items.
Pro-Se Defendant
I, the Defendant herein, acknowledge that the State has provided me an opportunity to
review the above referenced items.
Defendant's PrinteCi Name
1
..
_
-- · - - ----------------------
.' '
Pursuant to CCP 39.14, by my signature below, I certify, as counsel for the Defendant
that the documents, items, and infonnation set forth above have been made available to
Qle. I understand that non-public information received pursuant to 1J.l4 is not subject to disclosure
· without a Court order. I further understand that I cannot allow the Defendant, witnesses, or
prospective witnesses to have copies of this information other than a copy of the witness's own
statement and before showing this infonnation to' a defendant, I must redact it as set forth in the
statute. I approve and agree to all waivers, statements, and agreements ofthe defendant herein and
ask the Court to accept them and the defendant's plea.
Date
As attorney for the State, I represent that the above referenced materials have been available as set forth
above.
Date MARK F. PRATI, District Attorney, Hill County
By:~
Nl ~SSISTANT D.A., Hill County
The Court accepts these documents as compliance with Art. 39.14 of the Texas Code of Criminal
Procedure.
:r4
/
Signed this 31 day of
2
-------------- -
-------,---------------
I
"·
!-
._I -
DISTRICT ATTORNEY
MARKFPRAIT
66rn JUDICIAL DISTRICT
HILL COUNTY, TEXAS
DEFENDANT'S NAME: DARREL ALLEN CURLEE
CAUSE NO: 37,458
ATTORNEY: LYLE GRIPP
DATE: 3-16-15
REQUEST FOR DISCOVERY
INCLUDED IN DISCOVERY IS THE FOLLOWING
REPORTS AND/OR VIDEO IF APPLICABLE:
1. INDICTMENT- CAUSE NO. 37,458
2. STATE'S ANNOUNCEMENT OF READY -CAUSE NO. 37,458
3. COMPLAINT
4. (10) SETTING ORDERS
5. HILL COUNTY SllERIFF'S OFFICE (HCSO) INCIDENT REPORT #2012181816
6. VEHICLE IMPOUND SHEET .
7. HILL COUNTY ARREST REPORT
8. AFFIDAVIT FOR WARRANTLESS ARREST
9. VOLUNTARY STATEMENT- MEGAN VESSELS
10. AFFIDAVIT OF COMPLAINING WITNESS- JERRY W. VESSELS
11. VOLUNTARY STATEMENT-JERRY VESSELS
12. AFFIDAVIT OF COMPLAINING WITNESS- CHRISTOPHER WALLY
13. VOLUNTARY STATEMENT- CHRISTOPHER WALLY
i 14. HCSO PROPERTY DISPOSITION REPORT
15. LETTER & ENVELOPE FROM DARREL CURLEE TO DAN DENT
16. STATE OF NEW MEXICO CORRECTIONS DEPARTMENT COVER LETTER
17. CERTIFICATION BY THE RECORDS MANAGER, STATE OF NEW MEXICO
18. STATE OF NEW MEXICO JUDGMENT AND SENTENCE
19. (5) BOOKING PHOTOS FROM NEW MEXICO
20. (2) COPIES OF FINGERPRINT CARDS FROM NEW MEXICO PENITENTIARY
21. FINDINGS, JUDMENT AND COMMITMENT FROM STATE OF UTAH
22. COPY OF FINGERPRINT CARD FROM UTAH STATE PRISON
23. CERTIFICATE OF RECARDS AUTHENTICITY, UTAH STATE PRISON
24. BOOKING PHOTO FROM UTAH STATE PRISON
25. LETTER & ENVELOPE FROM DARREL CURLEE TO JUDGE LEE HARRIS
26. LETTER FROM TEXAS DEPARTMENT OF STATE HEALTH SERVICES
27. TRIAL COMPETENCY EXAMINATION
28. EVALUATION BY DR. OLUMUYIWA ABDUL, NORTH TEXAS STATE HOSPITAL
29. LETTER FROM NORTH TEXAS STATE HOSPITAL
30. WAIVER OF APPEARANCE/JURY TRIAL
31. PHYSICIAN'S CERIFICATE OF MEDICAL EXAM FOR MENTAL ILLNESS
32. COMPETENCY EVALUATION
JJ. EVALUATION BY DR. VERL CHILDERS
34. DR. VERL CHILDERS INVOICE
35. LETTER FROM DR. VERL CHILDERS TO JUDGE BOB MCGREGOR
36. LETTER FROM DARREL CURLEE TO JUDGE BOB MCGREGOR'
37. RESPONSE LETTER FROM JUDGE BOB MCGREGOR TO DARREL CURLEE
38. INMATE SICK CALL SLIP
39. LETTER FROM JUDGE BOB MCGREGOR REGARDING MEDICAL EVALUATION
40. ORDER APPOINTING A DISINTERESTED EXPERT TO EXAMINE DEFENDANT
41. INDICTMENT- CAUSE NO. 37,458
42. FAX FROM NICOLE CRAIN TO TERRENCE RUSSEL
43. STATE'S POTENTIAL WITNESS LIST
.f. -· ---
44. STATE'S NOTICE OF INTENT TO OFFER EXTRANEOUS OFFENSES
45. HCSO TRANSPORTATiON MILEAGE REPORT INVOICE
46. COMPENTENCY REPORT FROM NORTH TEXAS STATE HOSPITAL
47. COMPENTENCY EVALUATION
SIGNATURE~
RETAINE~ \
. '.;;
.... J
THE STATE OF TEXAS §
§
v. §
§
DARRELL ALLEN CURLEE § HILL COUNTY, TEXAS
§
STATE ID No.: TX027l7859 §
JUDGMENT OF CONVICTION BY COURT-WAIVER OF JURY TRIAL
Date Judgment
Judge Presiding: HoN. LEE HARRIS Entered: 7/31/2015
Attorney for
Attorney for State: NICOLE CRAIN Defendant: LYLE GRIPP
Offense for which Defendant Convicted:
AGGRAVATED ASSAJLT WITH A DEADLY WEAPON
Charging Instrument; Statute for Offense:
INDICTMENT 22.02 Penal Code
Date ofOffense:
6/15/2012
Degree of Offense: P~ea to Offense: Findings on Deadly Weapon:
2ND DEGREE FELONY GUILTY YES - A KNIFE
Terms of Plea Bargain:
SIX YEARS INSTITUTIONAL DIVISION, TDCJ
Plea to !•1 Enhancement Plea to 2nd Enhancement/Habitual
Paragraph: N/A Paragraph; NIA
Findings on 1st Enhancement Findings on znd
Paragraph: N/A Enhancement/Habitual Paragraph: NIA
Date Sentence Imposed: 7/31/201. Date Sentence to Commence: 7/31/2015
Punishment and Place
of Confinement: SIX YEARS INSTITUTIONAL DIVISION, TDCJ
THIS SENTENCE SHALL RUN CONCURRENTLY.
0 SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR N/A
Fine: Court Costs: Restitution: Restitution Payable to:
$NIA $ 316 $NIA .oo
0 VICTIM (see below) 0 AGENCY/AGENT (see below)
Attachment A. Order to Withdraw Funds, is incorporated into this udgment and made a art hereof.
Sex Offender Registration Requirements do not apply to the Defendant. TEX. CODE CRL\1. PRoc. chapter 62
The age of the victim at the time of the offense was N/A .
lf Defendant is to serve sentence in TDCJ. enter incarceration periods in chronological order.
From to From to From to
Time From to From to From to
Credited:
If Defendant is to serve sentence in county jail or i!l given credit toward fine and cost§, enter days credited below.
1143 DAYS
DAYS NOTES: NIA
All pertinent information, names and assessments indicated above are incorporated into the language of the judgment below by Nference.
This cause was called for trial in Hill County, Texas. The State appeared by her District Attorney.
Counsel/ Waiver of Counsel (select one)
18] Defendant appeared in person with Counsel.
0 Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in writing in open court.
Both parties announced ready for trial. Defendant waived the right of trial by jury and entered the plea indicated above.
The Court then admonished Defendant as required by law. It appeared to the Court that Defendant was mentally competent to
stand trial, made the plea freely and voluntarily, and was aware of the consequences of this plea. The Court received the plea and
entered it of record. Ravin heard the evidence submitted, the Court found Defendant guilty of the offense indicated above. In the
presence of Defen ~lllrti'"@?lfl'tol}ounce sen e gainst Defendant.
ATTEST __.K_ - w I .20Jr._
ANGELIAORR
. DISTRICT Qb.SQI(.jdg
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