Re-file the motion to revoke Tommy Castro's felony probation
This petition made change with 339 supporters!
On September 16, 2008, a man by the name of Tommy Israel Castro beat a woman severely. He received 8 years deferred adjudication felony probation in May of 2009. On July 4th, 2009, he violated that probation by beating to death my 5 year old granddaughter, Kati Earnest in Vernon, TX. He was sentenced to life in prison on a Murder 1 charge. We asked Potter County District Attorney of Amarillo, TX. to revoke his deferred probation and sentence him for that violation. On or around December 10th, Tommy Castro was transported from the Eastham Unit to the Potter County Detention Center on a bench warrant to revoke his probation. He was given a court appointed attorney, but on February 13th, I was notified that the prosecutor dismissed the order to revoke his probation, citing that he was already serving a life without parole sentence (which is incorrect). The e-mail also stated that if they had a court hearing on the Motion to Revoke, they would have to prove the allegations presented (they do not have to prove anything. All the state has to do is put into evidence his judgment of conviction of Kati's murder). The hearing would have been very brief. We were hoping for this violation not to be dismissed as the judge could have given him a 20 year sentence on top of his murder conviction, furthering his eligibility for parole. It cost more for Potter County to transport him than it would to have the hearing. Also, the victim on the original probation sentencing is very upset that she will receive no justice. She deserves justice and my granddaughter deserves justice. In the Code of Criminal Procedures Article 2.01 it states: It shall be the primary duty of all prosecuting attorneys, including any special prosecutors, not to convict, but to see that justice is done. The Potter County District Attorney definitely did not seek justice for us. We want Potter County to refile the motion to revoke probation and give him a sentence of 20 years for the original aggravated assault charge. Thank you
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