Judge accepts 1 plea bargain, rejects another
Both cases involve weapons charges
A Texarkana man received a 7-year prison sentence Monday as part of a plea bargain for firearm theft, possession of a firearm by a felon, possession of contraband in jail and a felony probation revocation.
Brioni Dansby, 29, pleaded guilty to theft of a firearm, unlawful possession of a firearm by a felon and prohibited substance in a correctional facility with the help of Texarkana lawyer Bruce Condit at a hearing before 5th District Judge Bill Miller. A 10-year probation Dansby received in April 2008 was revoked as well.
According to court records, Dansby stole a gun Feb. 9, 2015; however, details of the theft were not available Monday. Dansby was charged with possession of a firearm by a felon
Nov. 10, 2015, following an arrest on outstanding warrants. Police learned Dansby was playing cards in an open garage in Texarkana, Texas, and went to take him into custody, according to a probable cause affidavit. When officers ordered him to raise his arms, Dansby did not comply and began to place his left hand into his left pocket. Fearing that Dansby might be going for a gun, an officer fired a shot from his pepper gun, hitting Dansby in the face. As Dansby fell to the ground, a black handgun fell onto the ground behind him.
Dansby tried to hide two plastic bags containing loose tobacco, rolled cigarettes and marijuana while being held in the Bowie County jail May 22, according to a probable cause affidavit. Correctional officers entered Dansby’s pod to conduct a shakedown because they could smell the odor of burning marijuana. Dansby ran to the back of the pod and stuffed his contraband into a pair of boxers hanging on a clothesline.
Details concerning Dansby’s 2008 arrest for burglary were unavailable Monday.
Immediately after Dansby’s sentencing, Miller declined to provide an explanation for his rejection of a negotiated plea for six years for Ronald Willis, who is facing charges of unlawful possession of a firearm by a felon and burglary of a habitation.
At a hearing last month, Miller rejected the six-year plea arrangement negotiated between Willis’ lawyer, Shorty Barrett of Texarkana, and Assistant District Attorney Lauren Richards. Barrett told Miller his client turned down a second offer for 10 years from the state Friday.
“I’d ask the court to consider the plea documents,” Barrett said, referring to the original sixyear deal. Miller said he would not. “Would you tell us on what grounds, your honor?” Barrett asked. “No,” Miller replied. Miller said the case is scheduled for jury selection this week and Barrett asked for a continuance. Miller asked Barrett why he isn’t ready for trial.
“We don’t know which case is going to trial,” Barrett said. “The state hasn’t given us that yet.”
The state is required to give the defense 10 days’ notice of which case it intends to present to a jury when unrelated charges are pending. Charges of possession of a firearm by a felon are routinely severed from other charges because presenting them could unfairly prejudice a jury that might not otherwise learn of a defendant’s prior criminal history during the guilt/ innocence phase of trial.
“Why hasn’t the state made that notification?” Miller asked.
Richards explained that until Friday, the state and defense were still engaged in plea negotiations because of the court’s rejection last month of the sixyear arrangement. Richards said the state will try the unlawful possession case first and Miller scheduled Willis for trial next month.
Willis is accused of breaking into a garage Dec. 28, 2014, in the 5600 block of Turtle Creek in Texarkana, Texas, according to a probable cause affidavit. A crossbow, tools, a pack containing 12 gauge shotgun shells, fishing lures, keys to a 2002 truck and a weed eater were stolen. When the homeowner woke the following day, he discovered his truck was missing. Willis was arrested the next day after pawning some of the stolen goods.
Willis was arrested Dec. 16, 2015, for misdemeanor evading arrest. A loaded .45 caliber handgun was discovered in the back seat of the patrol car where Willis had been placed after being cuffed.
Willis’ prior criminal history also includes a 2005 felony conviction for breaking and entering in Little River County, Ark. A motion to revoke a six-year term of probation Willis received April 7, 2015, for breaking and entering in Miller County, Ark., remains pending. Willis has prior misdemeanor convictions in Bowie County for theft by check, driving while intoxicated and violation of a protective order.
As with Willis, a motion to revoke a 10-year probation Dansby received June 20, 2006, in Miller County for engaging in contact with a criminal gang remains pending. Dansby has prior misdemeanor convictions for possession of marijuana, assault and unlawfully carrying a weapon in Bowie County.
Dansby will remain in the Bowie County jail until he is transported to a Texas prison to begin serving his seven-year prison sentence at state expense. Willis continues to reside in the Bowie County jail at county expense until his trial July 12.
If convicted of burglary of a habitation, Willis faces two to 20 years in a Texas prison.
llarowe@texarkanagazette.com