Child molester loses appeal of life sentence
A Texas appellate court has upheld a sentence of life without parole for a Bowie County man found guilty last year of molesting a boy under 6 years of age.
Dennis Michael Wolfenbarger Jr., 49, was convicted of aggravated sexual assault of a child last year. Wolfenbarger was found guilty of sexually assaulting a young boy whose mother once had a romantic relationship with Wolfenbarger. When the boy was about 5 and was homesick from school, Wolfenbarger allegedly assaulted the boy for the first of multiple times, according to testimony at trial.
The boy testified at trial that Wolfenbarger threatened to kill him and his mother if he disclosed the abuse.
After the jury heard testimony concerning Wolfenbarger’s prior criminal history, including additional allegations of sexual assault involving women, they sentenced Wolfenbarger to life after a short deliberation. Under Texas law, there is no parole from any sentence imposed for aggravated sexual assault of a child under 6.
On appeal, Wolfenbarger argued that the evidence was insufficient that the boy was actually under 6 years old at the time of the misconduct. The higher court, citing excerpts of trial testimony from various witnesses, disagreed and affirmed Wolfenbarger’s conviction and sentence.
The 6th Court of Appeals in Texarkana also rejected an argument by Wolfenbarger that the trial court improperly assessed Wolfenbarger a $2,145 fee for an electronic GPS monitor he was required to wear while free on bond when his case was pending.
“Tremendous bravery was required for this child victim to testify to the repeated sexual assaults he experienced at such a young age. The jury needed little time to determine Dennis Wolfenbarger’s guilt; punishment evidence that Wolfenbarger had been prolific with his sexual assaults led to a well-justified sentence of life in the penitentiary,” First Assistant District Attorney Kelley Crisp said. “The evidence demonstrated that Wolfenbarger was indiscriminate with his attacks. When he was free, no one was safe. Our office is pleased with the Court of Appeals’ decision to affirm Wolfenbarger’s conviction, closing a long, violent and abusive chapter for this predator.”
Assistant District Attorney Lauren Richards was involved in prosecuting the case as well, and like Crisp, praised the young victim for the courage he showed by disclosing the abuse and telling his story to a jury in a courtroom full of strangers.
“This brave young man came forward and confronted his abuser at trial, resulting in Wolfenbarger’s conviction and life sentence,” Richards said. “Hopefully, the court of appeals finding the evidence presented at trial sufficient to support the conviction will be the next step for him and his family receiving closure.”