PALESTINE —
The 12th Court of Appeals has affirmed a 99-year prison sentence assessed against a 32-year-old Palestine man convicted last year of participating in the gang rape of his girlfriend.
James Wesley Sherrill, 32, of Palestine received a pair of 99-year sentences in May 2011 after being found guilty of the felony offenses of aggravated sexual assault and aggravated kidnapping by an eight-man, four-woman Anderson County jury.
The state was represented by Anderson County assistant district attorneys Scott Holden and Elizabeth Watkins during the trial, while the defendant was represented by local attorney Colin McFall.
On Thursday, the Tyler-based 12th Court of Appeals affirmed Sherrill’s pair of 99-year sentences.
The defendant’s appeal was based on his assertion that the jury was “coerced” into reaching a unanimous verdict after its foreman had indicated to the court that it was hung at 11-1, according to Holden.
The jury’s position was provided in response to a question from 369th State District Judge Bascom W. Bentley III who presided over the trial.
Holden pointed out that the court did not ask whether the majority of the jury favored a guilty or not guilty verdict. The assistant district attorney also argued that the jury’s unanimous verdict came shortly after jurors had requested a partial transcript of the testimony of a SANE (Sexual Assault Nurse Examiner) nurse who performed an exam on the alleged victim following the assault.
“We’re grateful for the affirmation of the sentence,” Holden told the Herald-Press Friday, “and have complete confidence in the verdict of the jury.”
During the wee morning hours of Sept. 7, 2009, authorities have said they were contacted by a 27-year-old female who reported she had been repeatedly sexually assaulted by multiple males near Pat Morris Lake off of CR 2202.
Sherrill was the victim’s boyfriend at the time of the assault, testimony in his trial showed.
“This was his girlfriend,” Holden said at the time of the 99-year verdict in May 2011. “He held her down” while three other men sexually assaulted her.
A fifth co-defendant in the case served as a lookout, according to authorities.
Testimony during Sherrill’s trial also indicated he injected the victim with a “hot shot” of illegal narcotics against her will during the course of the assault.
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Paul Stone may be contacted via e-mail at pstone@palestineherald.com
Local News
Rape sentence affirmed by 12th Court of Appeals
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