9 1/2 Years Lopped Off 10-Year Sentence Because State Turned Away Convicted Child Molester
A convicted child molester who tried without success to turn himself in 16 years ago won’t have to serve his 10-year sentence.
The Texas Court of Criminal Appeals ruled Wednesday on behalf of Stanley Blackwell, the one-time owner of an Austin funeral home, the Austin American-Statesman reports. The court said state errors that kept Blackwell out of jail until earlier this year merited reduction of his sentence to time served. He is expected to be released in a few days.
Blackwell was convicted in 1992 for sexually assaulting a 14-year-old boy on his ranch and freed on bond during his appeal, the story says. After losing the appeal in 1995, Blackwell twice tried to turn himself in to begin serving the sentence, but was turned away both times because there was no arrest warrant.
Travis County officials finally issued the arrest warrant in 1995, but Blackwell wasn’t arrested until March of this year. In the meantime, Blackwell moved to Houston and opened a new funeral home. He also successfully completed probation for an unrelated conviction for stealing $43,000 in insurance proceeds.
In 2002, Blackwell filed an appeal arguing he shouldn’t have to serve the sex assault sentence, but the suit was dismissed because he wasn’t in custody.
The American-Statesman blog Austin Legal links to the unpublished opinion.
