After a failed attempt to change attorneys on the heels of his trial date, Troy Thomas, 62, pled guilty to indecency with a child during his June 9 final pretrial.
Thomas was facing four counts of indecency with a child, both second-degree and third-degree felonies, and one count of attempt to commit aggravated sexual assault to a child in the second degree.
Arrested in September, Thomas was originally booked on seven charges but two have been dropped: injury to a child, elderly person or disabled person with intent to cause bodily injury and exposing himself to a child.
After the Kendall County Sheriff’s Office was contacted in August by the Caldwell County Sheriff’s Office, they received forensic interviews with two female minors, the victim and the victim’s sister.
Caldwell County investigators conducted the interviews in June.
Officers from both counties visited the scene of the crime, a trailer park in Waring. There, they spoke to Thomas’ girlfriend, who identified Thomas from a photo-lineup.
Thomas’ girlfriend, who is also the victim’s grandmother, said Thomas moved to Oregon six months prior to investigations for an “unknown reason.”
The arrest warrant affidavit outlined the 12-year-old victim’s claims, saying Thomas exposed himself, assaulted her and groped her several times between February 2020 and May 2020.
Police determined the incidents occurred between Feb. 14, 2020, and Aug. 31, 2020, based on text messages from the victim’s parents.
After concluding their investigations, law enforcement took out two warrants for Thomas’ arrest: one for exposing himself to a minor and the other for engaging with a minor in sexual contact.
During the final pretrial, Thomas asked 451st state District Judge Kirsten Cohoon if he could fire his attorney, Sam Fugate, and hire new representation.
Cohoon denied Thomas’ requests and said the trial was happening too soon to change representation at that point.
“You don’t have the right to fire your attorney 10 days before your jury trial,” Cohoon said.
Thomas scoffed at Cohoon when she reminded him he had a very good attorney in Fugate.
Fugate expressed trepidation over continuing as Thomas’s representation, but Cohoon reminded the attorney no motions for a change of representation had been filed with the court.
“This is the first time I’m hearing about this,” Fugate said.
Thomas entered an open plea with the court, and he will be sentenced at 1:30 p.m. Friday.
Cohoon appointed trial dates to three other defendants during the pretrial.
Christopher Valenzuela is second in line for trial June 26 and faces a charge of unlawful possession of a firearm in the third degree. As a repeat offender, Valenzuela could face two to 20 years behind bars.
Cohoon postponed Jillan Muth’s jury trial for 120 days as long as she remains in good standing with the court. Muth, 17, is charged with a state jail felony and a second-degree felony of possession of a controlled substance.
Chelsea Wickersham, who is charged with manufacturing and delivering a controlled substance, requested a suppression hearing during the final pretrial. If granted, Wickersham’s case would not have to go to trial. If not, Wickersham’s trial won’t be until October.
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