rotator
rotator
rotator

25 YEARS ON DOPE CHARGE AND IS ELIGIBLE FOR PAROLE IN 3-YEARS

David Wayne Brantley, 46, of Cleveland was sentenced to 25 years in prison Thursday in the 253rd District Court by Judge Chap Cain III. On June 12, 2018, Brantley was pulled over by Liberty County Sheriff’s Deputy John Mendoza for having different license plate numbers on the front and back of the vehicle. Upon making contact with the driver for the traffic violation, Deputy Mendoza immediately smelled a strong odor of burnt marijuana coming from within the vehicle. Deputy Mendoza conducted a probable cause search of the vehicle and discovered about 3 grams of methamphetamine, a digital scale, a large number of unused ziplock baggies and sandwich baggies, multiple cellular phones, marijuana, several ledgers detailing drug transactions, and over $2,000 in cash. Brantley was placed under arrest and charged with Possession of a Controlled Substance Penalty Group 1; 1-4 Grams with Intent to Deliver. His truck was also seized. Brantley bonded out of jail about 3 months later on September 3, 2018. On June 12, 2019, Deputies with the Liberty County Sheriff’s Office Criminal Interdiction Unit with the assistance of Liberty County District Attorney’s Office Gang Investigator Paul Lowery executed a search warrant in Cleveland, Texas. One of the locations searched was the home of David Brantley. Discovered within Brantley’s home was approximately 2 grams of methamphetamine, more ledgers detailing drug transactions, multiple unused clear plastic baggies, and a digital scale. David Brantley was placed under arrest for Possession of a Controlled Substance Penalty Group 1; 1-4 Grams with Intent to Deliver.
On October 15, 2019, Brantley was scheduled to go to trial. Minutes before jury selection was to begin Brantley requested to plead guilty and waive his jury trial. Assistant District Attorney Kevin G. Barnes consented to the waiving of the jury trial. Brantley’s case was set for a contested punishment hearing on January 23, 2020. Due to a prior felony conviction, Brantley’s faced anywhere from 5-99 years in prison.
At the hearing, Barnes, assisted by Assistant District Attorney Tami Pierce, submitted 58 pieces of evidence to the court and presented the testimony of Deputy Mendoza. Deputy Mendoza detailed for the court the tens of thousands of dollars and dozens of ounces of methamphetamine transactions detailed in Brantley’s ledgers and how the sales were usually not of a gram or two at a time but of larger quantities of an ounce or multiple ounces at a time. ADA Barnes also presented to the court Brantley’s prior felony convictions which included drug possession and theft.
Upon conclusion of the evidence, the defense attorney emphasized the non-violent nature of his client’s crime and requested Judge Cain to sentence his client to probation or less than 10 years in prison. ADA Barnes emphasized to the court that Brantley was not an addict who possessed meth, but was a drug dealer who was distributing large quantities of meth in order to make a healthy profit from human misery and that when Brantley made bond after his 2018 arrest for dealing meth he went right back to doing the same thing until he was arrested again for meth dealing in 2019.
Judge Cain heard both arguments, considered all the evidence and sentenced Brantley to 25 years in prison and admonished him on all the harm he was doing to the community. Brantley’s first opportunity to be granted parole will be in just under 3 years.

About The Author

2 Comments

  1. michelle227

    I will never understand those who make it seem as though the eligibility date is the fault of the judge. The simple reality is that parole eligibility is driven by the statutes in effect on the date of the offense. This is why we used to see some murder cases with a life sentence that were eligible for parole in less than seven years. As a general guideline, one is going to reach eligibility after about one-eighth of the sentence. However, eligibility does not obligate the Board to approve the individual, nor does reaching the approximate mid-point obligate a release to Discretionary Mandatory Supervision for any eligible offense committed since September 1996.

    Lost to many is the fact that a lengthier sentence almost guarantees a favorable vote at the initial review.

    As an aside…even if judge had sentenced to 99 or life, the initial review would have been (presuming good behavior while in custody) inside of seven years.

  2. WoodlandsDude

    All convicts except those sentenced to death or life without parole get regular parole hearings, even if they have served just a tiny fraction of their sentences. It is quite offensive with repect to the rule of law, the victims, and the law-abiding public. I’d look for this example of human vermin to either be paroled after a few years or at “worst” released after serving abut half, 12 years, of his sentence. Time off for good behavior. Jurors should settle on the sentence they deem appropriate, then double that amount to offset the governments lax behavior towards law and justice.

Leave a Reply