Man gets 10 years for injury to a child
Previous sentences for sexual abuse overturned by court
A man whose 20-year and two life terms for child sexual abuse in Bowie County were overturned last year by an appellate court pleaded guilty this week to a lesser offense in exchange for a 10-year sentence.
Donald Harrell, 62, was convicted in August 2016 of two counts of aggravated sexual assault of a child and a single count of indecency with a child by sexual contact at the end of a jury trial in Bowie County. At the time of trial, Harrell’s victim, then 11, testified that she was molested by Harrell in 2013 when she was 9.
Last year the 6th District Court of Appeals headquartered in Texarkana overturned Harrell’s convictions. The higher court
ruled that testimony from a 9-year-old girl who lived near Harrell should not have been heard by the jury. The young neighbor testified that Harrell showed her pornography and exposed himself to her.
Jury selection for a second trial was scheduled to begin Tuesday at the Bowie County courthouse in New Boston, Texas.
At a pretrial hearing Monday before 5th District Judge Bill Miller, Assistant District Attorney Lauren Richards said the state was moving to amend the charges against Harrell to a single count of injury to a child.
“We believe this is in the best interest of the victim at this time,” Richards said. “The victim’s father is here in court.”
Miller asked the father if he agreed with the proposed plea arrangement in light of the sentences Harrell previously received.
“I don’t like it but I’m not putting my daughter through this again,” the father said. “She’s suffered too much emotional stress over this already.”
Richards said that the plea bargain spared the victim the trauma of testifying for a second time while ensuring Harrell remains a convicted felon.