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Four-time felon faces life in prison

Updated

By Justin Cox

Killeen Daily Herald

A four-time felon could be facing life in prison after he was indicted Wednesday in connection with an incident in which he allegedly dislocated the shoulder of a Temple police officer and beat him with a piece of wood on a city street.

A Bell County grand jury indicted Barry Dean Garrett, 46, of Temple, on a charge of aggravated assault against a public servant. According to the indictment, the May 10 attack occurred when Sgt. Gary Smith attempted to arrest Garrett in the 500 block of South Martin Luther King Boulevard in Temple.

The first-degree felony typically carries a punishment range of five to 99 years for a conviction. However, Garrett will be charged as a habitual offender, enhancing the punishment range to 25 years to life in prison. The indictment lists four third-degree felony convictions, all taking place in Milam County in the 1980s.

The most recent were two burglary of a building convictions on Aug. 18, 1989. The other two convictions came on Feb. 10, 1984, one for delivery of marijuana, the other for burglary of a vehicle.

The arrest affidavit stated that Sgt. Gary Smith stopped Garrett and attempted to detain him.

The affidavit said Garrett did not cooperate, and a struggle ensued. Smith was knocked to the ground, suffering a dislocated shoulder.

Though the officer was injured, Garrett jumped on him and hit him repeatedly with his fists. He then obtained a piece of wood lying in the street and proceeded to beat the officer with it as he lay wounded in the street.

The affidavit said a witness driving past saw Garrett on top of Smith with his hands at the officer's throat, and later witnessed him retrieving the piece of wood.

Temple police responded shortly thereafter and detained Garrett.

The first Temple PD officers to arrive at the scene witnessed Smith bleeding from a severe laceration to his head. He was rushed to Scott & White Hospital where he received seven staples to close the wound, and was also treated for his dislocated shoulder.

The grand jury issued 27 additional indictments on the following charges:

Pierre Andre Keupp, 17, of Killeen; arson, second-degree, June 29, 2007. Accused of committing the crime as a juvenile, but ruled to be tried as an adult for the crime.

Horst Loechel, 41, of Morgan's Point; sexual assault, Dec. 15.

Kenji David Milligan, 33, of Temple; sexual assault, Nov. 22.

Loy Allen Eich, 53, of Temple; aggravated sexual assault, Dec. 11.

David Lynn Rush, 46, of Belton; possession of methamphetamine, less than 1 gram, April 24.

Kevin Lewis Pitrucha, 18, of Temple; evading arrest with a motor vehicle, May 23.

Angel Guarjardo, 80, of Belton; aggravated sexual assault, March 15, 1997.

Nito Jim Guerra Jr., 29, of Temple; evading arrest with a motor vehicle, habitual offender, Oct. 2.

James Huntley Rodriguez, 23, of Belton; burglary of a habitation, Dec. 30.

Joshua Lee Johnson, 28, of Belton; possession of methamphetamine, less than 1 gram, April 10.

Vincent Morone Jeffries, 43, of Temple; possession of cocaine, less than 1 gram, habitual offender, March 15.

Fetina Fail Hardy, 37, of Troy; fraud, May 1.

Cedric James-Olaf Chapman, 35, of Killeen; possession of cocaine, less than 1 gram, May 28.

Charles Vincent Jones, 24, of Killeen; possession of cocaine, less than 1 gram, June 1.

Willie Frank Lewis, 48, of Killeen; possession of cocaine, less than 1 gram, June 2.

Constance Ann Benke, 51, of Killeen; possession of cocaine, less than 1 gram, June 4.

Sharnette Dannell Harris, 19, of Killeen; forgery by passing, March 24.

Jason Alexander, 17, of Killeen; aggravated robbery, April 11.

Luis Omar Ramos, 19, of Killeen; burglary of a building, April 21.

Rayshawn Cook, 30, of Killeen; burglary of a habitation, repeat offender, May 1.

Fernando Muniz-Luna, 33, of Killeen; aggravated sexual assault, May 26.

Carlin Richard Pullen Sr., 22, of Killeen; evading arrest with a motor vehicle, May 22.

Cleavon Laron Young, 30, of Killeen; evading arrest with a motor vehicle, May 31.

Olivia Teresa Wright, 32, of Nolanville; secure execution of documents by deception, Nov. 17, 2006.

Marion Trevino Cruz, 39, of Temple; driving while intoxicated for the third time, Feb. 4.

Rodney Wayne Mitchell Jr., 23, of Killeen; two indictments for bail jumping, March 13, April 3.

Contact Justin Cox at jcox@kdhnews.com or (254) 501-7568.

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