1

1 REPORTER'S RECORD
2 VOLUME 1 OF 1 VOLUME
3 TRIAL COURT CAUSE NOS. CR27195, CR27196, CR27475,
4 CR27476, CR27477
5 THE STATE OF TEXAS § IN THE DISTRICT COURT
§
6 VS. § 35TH JUDICIAL DISTRICT
§
7 WILLIAM WESLEY RUTH § BROWN COUNTY, TEXAS
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9
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13 PLEA AGREEMENT
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15
16
17 On the 31st day of August, A.D., 2021, the
18 following proceedings came on to be heard in the
19 above-entitled and numbered cause before the Honorable
20 Cecil Puryear, Judge presiding, held in Brownwood, Brown
21 County, Texas;
22 Proceedings reported by machine shorthand.
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24
25

TAMMY C. WATKINS, CSR, RPR (325) 646-4057

200 S. Broadway, Ste. 214 Brownwood, Texas 76801
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1 A P P E A R A N C E S
2 FOR THE STATE:
3 Mr. Dustin H. (Dusty) Boyd
CORYELL COUNTY DISTRICT ATTORNEY
4 203 S. 7th Street
Gatesville, Texas 76528
5 Phone: (254)865-5911
SBN: 24050317
6
7
8 FOR THE DEFENDANT:
9 Mr. Nicholas H. Norris
JONES WALKER
10 811 Main Street
Houston, Texas 77002
11 Phone: (713)437-1800
SBN: 24090810
12
13 Mr. Charles W. King
CHARLES KING LAW
14 101 S. Park
San Angelo, Texas 76901
15 Phone: (325)227-6536
SBN: 11436525
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17
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25

TAMMY C. WATKINS, CSR, RPR (325) 646-4057

200 S. Broadway, Ste. 214 Brownwood, Texas 76801
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1 CHRONOLOGICAL INDEX
VOLUME 1 OF 1 VOLUME
2 PLEA AGREEMENT
August 31, 2021
3
4 Page Vol
5 Appearances............................. 2 1
Case called............................. 4
6 Announcements........................... 4
Plea agreement accepted by the Court.... 12
7 Defendant sentenced by the Court........ 12
Proceedings concluded for 8/31/2021..... 14
8 Reporter's Certificate.................. 15
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10
11
12
EXHIBITS
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NO. DESCRIPTION OFFRD ADMTD/EXCLD VOL
14
SX-1 Plea papers 9 9 1
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25

TAMMY C. WATKINS, CSR, RPR (325) 646-4057

200 S. Broadway, Ste. 214 Brownwood, Texas 76801
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1 August 31, 2021 - The State of Texas v. William Wesley

2 Ruth
3 THE COURT: Calling Cause No. 27196,
4 27195, 27476, 27477, 27475, the State of Texas versus
5 William Ruth.
6 What says the State as to these charges?
7 MR. BOYD: Your Honor, we're ready, and I
8 believe we may have a complete plea agreement --
9 THE COURT: Okay.
10 MR. BOYD: -- that will dispose of all
11 matters.
12 THE COURT: Okay. And for the Defense?
13 MR. NORRIS: Your Honor, that is correct.
14 THE COURT: Okay.
15 MR. KING: And for the record, Charles
16 King. I've got three cause numbers, and we're ready.
17 THE COURT: Okay. And it's my
18 understanding that this plea will dispose of all the
19 cases?
20 MR. KING: Yes, your Honor.
21 THE COURT: Okay. Mr. Ruth, if you will
22 please stand.
23 MR. BOYD: May I approach, your Honor?
24 THE COURT: You may.
25 Mr. Ruth, I know that you understand these

TAMMY C. WATKINS, CSR, RPR (325) 646-4057

200 S. Broadway, Ste. 214 Brownwood, Texas 76801
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1 things, but I'm gonna -- the law requires that I go over

2 them again with you so that I'm satisfied that you
3 understand the nature of the charges, the rights you're
4 entitled to under the law, the consequences of entering
5 this plea before the Court. As you know, if at any time,
6 something occurs that you do not understand, just stop
7 the proceedings, and we will give you whatever additional
8 time you need to visit with either counsel with regard to
9 these matters.
10 THE DEFENDANT: Thank you.
11 THE COURT: By the same token, you
12 understand that up until the time that I accept this plea
13 that you have the right to withdraw these plea papers and
14 this case then would proceed to trial as it's been set in
15 this cause?
16 THE DEFENDANT: My wife would kill me if I
17 did that, so, yes, I understand.
18 THE COURT: The Court might too, so...
19 Now, you understand that the offenses that
20 you're charged with, that the Court is not bound by the
21 recommendation of the punishment as to the State, it is
22 not binding on this Court; however, if I do not accept
23 the plea, then you have the opportunity to withdraw your
24 plea of guilty to these matters.
25 Also, you need to understand if you are

TAMMY C. WATKINS, CSR, RPR (325) 646-4057

200 S. Broadway, Ste. 214 Brownwood, Texas 76801
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1 not a citizen of the United States, a plea of guilty or a

2 plea of no contest may result in you being deported from
3 this country, excluded from admission to this country or
4 being denied naturalization under federal law. And are
5 you a citizen of the United States?
6 THE DEFENDANT: Yes.
7 THE COURT: Thank you.
8 Also, you understand -- and both counsel
9 have explained to you -- that you have the right to a
10 trial by jury, you have a right to have a jury empaneled
11 in each of these cases and have that jury make a
12 determination first as to whether or not you're guilty or
13 not guilty of the charges in the indictments, and then if
14 the jury finds that you are guilty, and you filed a
15 proper election at the proper time, you have the right to
16 have that same jury assess the appropriate punishment for
17 those causes.
18 Now, in the papers that you've signed here
19 today, you've indicated that you understand that you have
20 that right to trial by jury, but that after visiting with
21 counsel, you've decided to give up or waive that right
22 and proceed just before me as the Judge. Is that still
23 what you wish to do?
24 THE DEFENDANT: Yes.
25 THE COURT: And you're giving up or

TAMMY C. WATKINS, CSR, RPR (325) 646-4057

200 S. Broadway, Ste. 214 Brownwood, Texas 76801
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1 waiving that right to trial by jury knowingly, freely and

2 and voluntarily; is that correct?
3 THE DEFENDANT: According to my
4 understanding of what -- the charges are being dismissed
5 except one.
6 THE COURT: Okay. Now, you also
7 understand, and counsel have explained to you, that you
8 have the right to remain silent; in other words, no one
9 can force you to take the stand and give testimony either
10 for or against yourself. You have that right to remain
11 silent because the burden of proof is always upon the
12 State. The State's caused these charges to be filed. By
13 law they have the responsibility to prove these matters
14 before the Court. As one accused of a violation of the
15 law, you have no responsibility to disprove those
16 charges.
17 You may, through your attorney,
18 cross-examine any witness that the State calls. You may,
19 also through your attorney and the subpoena power of the
20 Court, require witnesses to come before the Court to give
21 testimony in your particular case, and you may give up or
22 waive your right not to testify and give testimony before
23 the Court here today under oath in the formal, what we
24 call, a judicial confession admitting to the violations
25 in the cause that you're pleading guilty to.

TAMMY C. WATKINS, CSR, RPR (325) 646-4057

200 S. Broadway, Ste. 214 Brownwood, Texas 76801
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1 Now, again, in the papers that you have

2 signed before the clerk here today, you've indicated that
3 you understand that you have this right to remain silent,
4 but that after visiting with your counsel, you've decided
5 to give up or waive that right and that you wish to enter
6 this plea and admit to the violations as set forth in the
7 indictment in this cause; is that correct?
8 THE DEFENDANT: Correct.
9 THE COURT: Okay. And Counsel, which case
10 are we pleading on?
11 MR. BOYD: Your Honor, that's 27196.
12 THE COURT: 27196, okay. And you
13 understand, Mr. Ruth, that in that particular case you're
14 charged with the offense of assault on a public servant,
15 a peace officer, that that's a second-degree felony that
16 can carry with it a jail term of not less than 20 (sic)
17 nor more than two (sic) years and a fine of up to
18 $10,000. If it is reduced to a third-degree felony, then
19 you could be in prison for a term of not more than ten
20 years or less than two years, and, again, a fine of up to
21 $10,000.
22 Is that your understanding of the range of
23 punishment?
24 THE DEFENDANT: Yes, but I -- I thought I
25 was pleading to attempted --

TAMMY C. WATKINS, CSR, RPR (325) 646-4057

200 S. Broadway, Ste. 214 Brownwood, Texas 76801
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1 THE COURT: You -- you are.

2 THE DEFENDANT: Oh, I'm sorry.
3 THE COURT: Okay.
4 THE DEFENDANT: I'm sorry.
5 THE COURT: But I have to explain to you
6 the entire range of punishment in the --
7 THE DEFENDANT: Oh, yes. Yes, your Honor,
8 the original charge.
9 THE COURT: Now --
10 THE DEFENDANT: Okay, Your Honor.
11 THE COURT: And --
12 THE DEFENDANT: Sorry about that.
13 THE COURT: That's no problem. If you
14 will raise your right hand, please, and take the
15 following oath.
16 (The Defendant was sworn)
17 THE COURT: Thank you.
18 And other than matters previously stated,
19 does the State have anything else to offer?
20 MR. BOYD: Your Honor, we would offer the
21 plea packet that's been tendered to the Court together as
22 State's Exhibit 1.
23 THE COURT: Any objection?
24 MR. NORRIS: No objection, your Honor.
25 THE COURT: Okay. You also understand,

TAMMY C. WATKINS, CSR, RPR (325) 646-4057

200 S. Broadway, Ste. 214 Brownwood, Texas 76801
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1 Mr. Ruth, that because this is a plea bargain, that

2 you're giving up or waiving any right of appeal in this
3 cause; you understand that?
4 THE DEFENDANT: Correct.
5 THE COURT: Okay. And is it your
6 understanding, Mr. Ruth, that you're entering a plea
7 admitting that on or about the 11th day of January, 2019,
8 and before presentment of this indictment in the Brown
9 County, the State of Texas, that you did then and there
10 intentionally, knowingly and recklessly cause by bodily
11 injury to Taylor Fletcher, hereinafter styled the
12 complainant, by striking the complainant in the chest
13 and/or arm with your hand, and you knew that the
14 complainant was a peace officer, and that the complainant
15 was lawfully discharging an official duty, to-wit:
16 arresting the Defendant for a warrant, and you understand
17 that that is a -- is part of the attempted assault on a
18 peace officer?
19 THE DEFENDANT: Yes, attempted, reckless,
20 offensive contact.
21 THE COURT: Okay. The Court will allow
22 that record to so reflect.
23 MR. BOYD: And your Honor, just so we're
24 clear, the -- the offensive contact is not part of the
25 indictment.

TAMMY C. WATKINS, CSR, RPR (325) 646-4057

200 S. Broadway, Ste. 214 Brownwood, Texas 76801
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1 THE COURT: Okay. The Court will also

2 show that Cause No. 27195, 27476, 27477 and 27475 will be
3 dismissed as a result of the plea in this cause.
4 THE DEFENDANT: Yes, your Honor, all --
5 all the other charges, yes.
6 THE COURT: Okay.
7 MR. BOYD: And if it please the Court,
8 that's pursuant to Article 12.45 of the Penal Code.
9 THE COURT: Yes, sir. The Court will take
10 those all into consideration.
11 Well, if I could find the judgment here,
12 we would be in good shape. Counsel, go ahead and state
13 for the record the plea agreement in the cause, please.
14 MR. BOYD: Your Honor, the plea agreement
15 would be that he would enter a plea of guilty to the
16 attempted charge in 27196. He would receive deferred
17 adjudication for a period of two years, that as part of
18 that, under Article 12.45, the remaining felony cases
19 would be disposed in that manner, and that the
20 misdemeanor cases would be not prosecuted either through
21 dismissal or 12.45 -- whichever the Defendant chooses
22 is fine. We have permission from Mr. Britton to
23 represent to the Court that he's in agreement with that
24 outcome.
25 In terms of the rest of the plea bargain,

TAMMY C. WATKINS, CSR, RPR (325) 646-4057

200 S. Broadway, Ste. 214 Brownwood, Texas 76801
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1 the terms and conditions are up to the Court other than

2 paying court costs; that reasonable conditions of
3 probation be assigned by the Court.
4 THE COURT: And that's your understanding,
5 Mr. Ruth, of the plea bargain in the cause; is that
6 right?
7 THE DEFENDANT: Yes. Everything is
8 dismissed except attempted -- okay, attempted --
9 THE COURT: Yeah. And you understand the
10 term deferred adjudication to mean that if you live out
11 all the terms and conditions of the Community Supervision
12 Act of the State of Texas, that there will never be a
13 final judgment entered in that cause? If you fail to
14 live that out, and you come back before the Court, then
15 the Court has the full range of punishment available to
16 it in any subsequent trial of the cause, and you
17 understand that?
18 THE DEFENDANT: Yes.
19 THE COURT: And you're asking this Court
20 to accept that plea bargain on your behalf here today?
21 THE DEFENDANT: Yes.
22 THE COURT: The Court, then, will accept
23 the plea bargain, accepts the plea of attempted assault
24 on a public servant in Cause No. 27196 in Brown County,
25 Texas. The Court places the Defendant on deferred

TAMMY C. WATKINS, CSR, RPR (325) 646-4057

200 S. Broadway, Ste. 214 Brownwood, Texas 76801
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1 adjudication community supervision for a period of two

2 years and takes into consideration, under Section 12.45,
3 the other causes that are being dismissed, which are
4 27476, 27477, 27475, and 27195. And the terms and
5 conditions of probation are the same that your attorney
6 has explained to you basically that you're not to commit
7 any offenses against the laws of this or any other state
8 of the United States, you're to comply with and report to
9 the probation office and follow their conditions and
10 guidelines.
11 While you are on deferred adjudication
12 probation, you are not to possess a firearm of any kind.
13 That's just standard a part of the plea that, as I
14 understand it -- and your lawyers can explain it to you
15 better -- but as I understand it, if you live out all the
16 terms and conditions of deferred adjudication, then that
17 goes away once the deferred adjudication is lived out,
18 but, again, you need to understand that you're not to
19 possess a firearm during the pendency of -- of the
20 deferred adjudication.
21 Now, I assume that you will want to
22 transfer your probation to Gillespie County; is that
23 correct?
24 THE DEFENDANT: Yes.
25 THE COURT: The Court will so allow that,

TAMMY C. WATKINS, CSR, RPR (325) 646-4057

200 S. Broadway, Ste. 214 Brownwood, Texas 76801
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1 that you are to remain within Brown or Gillespie County

2 unless this Court consents in writing to a change of
3 address for you.
4 Mr. Boyd, anything else that --
5 MR. BOYD: We have nothing further on
6 that, your Honor.
7 THE COURT: Anything further from the
8 Defense?
9 THE DEFENDANT: To clarify --
10 (Defendant and attorneys whispering)
11 THE DEFENDANT: Okay. I'll ask my
12 attorneys.
13 THE COURT: Okay, thank you.
14 Thank you very much.
15 MR. BOYD: And your Honor, just so we're
16 clear, the 12.45 paperwork in the file includes an order
17 at the bottom of that page barring prosecution in those
18 cases.
19 THE COURT: Okay. Thank you very much.
20 THE DEFENDANT: Thank you, your Honor.
21 THE COURT: And I will attempt to get all
22 of the paperwork done.
23 MR. KING: Thank you, your Honor.
24 THE COURT: Thank you.
25 (Conclusion of proceedings)

TAMMY C. WATKINS, CSR, RPR (325) 646-4057

200 S. Broadway, Ste. 214 Brownwood, Texas 76801
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1 THE STATE OF TEXAS )

2 COUNTY OF BROWN )
3 REPORTER'S CERTIFICATE
4 I, TAMMY C. WATKINS, Official Court Reporter in and for
5 the 35th Judicial District Court of Brown & Mills Counties,
6 State of Texas, do hereby certify that the above and foregoing
7 contains a true and correct transcription of all portions of
8 evidence and other proceedings requested, to be included in
9 this volume of the Reporter's Record, in the above-styled and
10 numbered cause, all of which occurred in open court or in
11 chambers or via Zoom Videoconferencing, and were reported by
12 me.
13 I further certify that this Reporter's Record of the
14 proceedings truly and correctly reflects the exhibits, if any,
15 offered or admitted by the respective parties.
16 I further certify that the total cost for the preparation
17 of this Reporter's Record is $95.00 and was paid by MR. JOE
18 COOKSEY.
19 WITNESS MY OFFICIAL HAND this the 7th day of September,
20 2021.
21 /s/ Tammy C. Watkins
TAMMY C. WATKINS, CSR, RPR
22 Official Court Reporter
35th Judicial District
23 200 S. Broadway, Suite 214
Brownwood, Texas 76801
24 Phone: (325) 646-4057
E-mail: tammy.watkins@browncountytx.com
25 Texas CSR #3623 - Expires 10/31/2021

TAMMY C. WATKINS, CSR, RPR (325) 646-4057

200 S. Broadway, Ste. 214 Brownwood, Texas 76801