Local News
Palestine man convicted for threatening deputy
By PAUL STONE
H-P Associate Editor
A 80-year-old Palestine man was sentenced to 10 years probation Wednesday after being found guilty of threatening an Anderson County sheriff’s deputy late last year.
Al Breeden, 80, of Palestine was found guilty of the first-degree felony offense of aggravated assault on a public servant by an Anderson County jury for threatening a deputy in December 2008.
Breeden, who was 79 at the time of the offense, was sentenced to 10 years in the Texas Department of Criminal Justice, with the jury electing to probate the sentence. He was also assessed the maximum fine of $10,000.
Anderson County sheriff’s deputy Gerald Kerr stopped a vehicle in which Breeden was a passenger on East Main Street in Elkhart around 3 p.m. on Dec. 6, 2008, according to Scott Holden, assistant district attorney for Anderson County.
Kerr made “a felony stop” on the vehicle since Breeden had allegedly earlier threatened another man with a weapon and was known by law enforcement to carry a firearm, according to Holden.
Approaching the vehicle with his weapon drawn, Kerr ordered the driver, who was not charged, out of the car, authorities have said. The driver complied with the officer’s instructions, but Breeden, the vehicle’s lone passenger, did not step out of the car when instructed, according to authorities.
“Al says, ‘What are you going to do? Shoot me?,’” Holden said.
Kerr responded by saying, ‘”Not unless you make me,’” the assistant district attorney continued.
“Al says, ‘I’ll shoot you first,’” Holden said. “...The entire time he’s (Breeden) got his hand in his right pocket.”
Breeden ultimately was taken into custody without the use of force, authorities have said. He had a .loaded 25-caliber automatic pistol in his right pants pocket, according to authorities.
Breeden’s permit to carry a concealed weapon has been revoked, according to Holden.
“It (the permit) doesn’t give you the right to threaten law enforcement officers,” Holden said. “Their lives are already on the line on a daily basis.”
Local attorney Melvin Whitaker represented Breeden during the two-day trial.
369th State District Judge Bascom W. Bentley III presided over the trial.
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Paul Stone may be contacted via e-mail at pstone@palestineherald.com
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