CONROE — A convicted child predator who reoffended within a year of his release will no longer be a threat to children. A Montgomery County jury in the 9th District Court of Judge Kelly Case found 53-year-old James Otis O’bryant of Conroe guilty on two counts of Sexual Assault of a Child. On Thursday, Judge Case sentenced him to life in prison for each charge. Judge Case also “stacked” the charges, meaning one sentence must be completed before the other begins.
The case was tried by Prosecutors, Nancy Hebert and Cynthia Pulcher, and investigated by Conroe Police Det. Elias Perez. Hebert and Pulcher are assigned to the District Attorney’s specialized Crimes Against Children Division located at Children’s Safe Harbor.
Hebert said O’bryant was 50 when he sexually assaulted a 14-year-old female, resulting in the latest two convictions.
“He had originally been convicted of sexual assault of a 13-year-old and a 14-year-old in 1999 and was placed on probation,” Hebert said. “He did not successfully complete the terms of his probation and he was placed in prison.”
O’bryant was released in 2009 and in 2010, he reoffended, Hebert said. During the investigation, O’bryant admitted sexual contact with the child to Det. Perez and Sgt. J.D. Thomas with the Montgomery County Sheriff’s Office, she said. However O’bryant, like so many predators, blamed the sexual contact on the victim.
He was arrested April 27, 2011 and has since been awaiting trial, with bond set at a total of $200,000.
The life sentences were automatic in the state of Texas because of his prior Sexual Assault of a Child conviction. According to Texas law, a second conviction on one count would have meant an automatic life sentence and O’bryant was convicted on two counts this time. Hebert said for this offense, it would normally be 35 years before an offender would be eligible for parole. Since Judge Case stacked the sentences, it would be 70 years before O’bryant would be eligible for parole.
“The automatic life sentence recognizes the serious nature of predators who have previously been convicted of sexual assault of children,” Hebert said. “It was within the judge’s discretion to determine whether or not to stack the two sentences.”
“Clearly, the citizens of Montgomery County and Judge Case consider the protection of all of our children to be of great importance holding the defendant responsible for his own conduct,” she said.
Judge Case learned about O’bryant’s prior offense from Investigator Joey Ashton with the Montgomery County District Attorney’s Office and from O’bryant’s victims in the prior case, both of whom are now 28.
Hebert said the county has an excellent system in place, with prosecutor’s offices at Children’s Safe Harbor, where the DA’s office is able to be involved in cases from the beginning and work hand in hand with the law enforcement agencies investigating the cases.
“We also have ICAC (Internet Crimes Against Children), recently put in place by District Attorney Brett Ligon,” she said.
ICAC allows investigators to learn whether or not someone is downloading child pornography, so they can try to stop the internet crimes that are usually a precursor to actual sexual assault of a child, Hebert said.
“They’ll be acting out some type of fantasy, and then hopefully we can stop these sorts of crimes before they actually occur,” she said.
Hebert said Children’s Safe Harbor is effective because the abuser is usually a family friend or relative – someone known to the child. When there is an outcry, law enforcement and Child Protective Services can utilize Children’s Safe Harbor where there are forensic interviewers, specially trained in talking to children. Once an interview is conducted, law enforcement can begin their investigation.
Children’s Safe Harbor also has therapists on location, free of charge. It creates a place that is familiar to the child and everything can be done at the same location.
For more information about Children’s Safe Harbor, visit their website http://www.childrenssafeharbor.org/?AspxAutoDetectCookieSupport=1
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