stacy stine cary indictment
TRANSCRIPT
THE STATE OF TEXA.S V. STACY STINE CARYCAUSE # 3CeCQ.., ~~2i?~-1D IPHYSICAL DESCRlPTION: Race W Sex: FDOB: 0911111958 Height: 5'07" Weight: 150
Count One - Engaging in Organized Criminal Activity - Bribery
CODE SECTION: TEXAS PENAL CODE § 7L02(a)
DEGREE OF FELONY: FIRST OFFENSE CODE 73991005 BO ill _
Count Two - Bribery
CODE SECTION: TEXAS PENAL CODE § 36.02
DEGREE OF FELONY: SECOND OFFENSE CODE 51990018 BO D _
Count Three - Bribery
CODE SECTION: TEXAS PENAL CODE § 36.02
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DEGREEOFFELONY:SECOND OFFENSECODE51990018 BO D _
Count Four - Bribery
CODE SECTION: TEXAS P}NAL CODE § 36.02
DEGREE OF FELONY: SECOi'fD OFFENSE CODE 51990018 BO~r~" _
Count Five - Bribery
CODE SECTION: TEXAS PENAL CODE § 36.02
DEGREE OF FELONY: SECOND OFFENSE CODE 51990018 BO D _
Count Six - Bribery
CODE SECTION: TEXAS PENAL CODE § 36.02
DEGREE OF FELONY: SECOhD OFFENSE CODE 51990018 BO "D --:--
--~---~--
DEFENDANT, following a series of meetings and communications lJ,etweenDEFENDANT,
James Stephen Spencer, and David Cary that began on or about S :ptember 19,2007, did
intentionally and knowingly offer, confer, and agree to confer on a other a benefit, which
was not a political contribution as defined by Title 15 of the Election Code or expenditures
made and reported in accordance with Chapter 305 of the Government Code, namely one or
more or all of the following payments, made through checks signe by DEFENDANT and
wire transfers authorized by DEFENDANT and directed and made pcyable to James Stephen
Spencer, who at the time of the payments was serving as campaign J,anager for Suzanne H.
Date of Checkor Wire TransferJanuary 4,2008
Date of DepositJanuary 4, 2008
Amount of Check$50, 00.00
Wooten's campaign for nomination and election to the office of Judze of the 380th Judicial
District Court of Collin County, in the 2008 primary and general elect' on conducted in Collin
County:
January 30, 2008 February 4, 2008 $25,000.00
February 14,2008 February 15,2008
February 26, 2008 February 26, 2008,
March 7, 2008 March 7, 2008
March 14, 2008 March 14,2008
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with the use of said funds benefitting Suzanne H. Wooten, as consideration for Suzanne H.
Wooten's decision, opinion, recommendation, vote, or other exercise ifdiscretion as apublic
Count Seven - Bribery
CODE SECTION: TEXAS ?ENAL CODE § 36.02
DEGREE OF FELONY: SECOND OFFENSE CODE 51990018 B I)ND
Companion Cases: David Cary, James Stephen Spencer, Suzanne H. Wooten
GRAND JURY INDICTMENT
IN THE JUDICIAL DISTRICT COURT OF COLLIN COUNTY TEXAS
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS:
THE GRAND JURY, for the County of COLLIN, State 0 Texas, duly organized,
impaneled, and sworn as such at the July Term, A.D. 2010, Ofth( 401st Judicial District
Court for said County, upon their oaths present in and to said Court at said term that:
COUNT ONE
STACY STINE CARY
hereinafter styled DEFENDANT, on or about and between September 19,2007 and October
20,2009, and before presentment ofthis indictment, in the County and State aforesaid, with
intent to establish, maintain, and participate ina combination Id in the profits of a
combination of three or more persons, namely herself, her hUSb,d David Cary, James
Stephen Spencer, and Suzanne H. Wooten, did commit and conspire to commit the felony
offense of BRIBERY, a crime under Section 36.02 of the Texas Penal Code, as follows:
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servant, and as consideration for Suzanne H. Wooten's decision, vo :e,recommendation, and
other exercise of official discretion in a judicial proceeding, to wit: proceeding with a
campaign to unseat the incumbent elected judge of the 380th Judidial District Court; filing
paperwork to run for judge and filing campaign finance reports; an later presiding as judge
of the 380th Judicial District Court, including presiding over and issuing favorable rulings
COUNT TWO
in cases pending in the 380th Judicial District Court, a court in which DEFENDANT and he
husband David Cary were parties to pending cases;
and the Grand Jury further presents in and to said Court at said ten that:
STACY STINE CARY
hereinafter styled DEFENDAI,IT, on or about January 4,2008, and biare presentment of this
indictment, in the County and State aforesaid, did intentionally and kinowingly offer, confer,
and agree to confer on another benefits, other than political contributJions as defmed by Title
15 of the Election Code or expenditures made and reported in accorolance with Chapter 305
. I.of the Government Code, namely a $50,000 wire transfer from DEFENDANT to James
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Stephen Spencer, who was at the time of the payment serving as ampaign manager for
Suzanne H. Wooten's campaign for nomination and election to the office of Judge of the
380th Judicial District Court 'of Collin County, in the 2008 primary and general election
conducted in Collin County, with the use of said funds benefitting uzanne H. Wooten, as
consideration for Suzanne H. Wooten's decision, opinion, recommendation, vote, or other
exercise of discretion as a public servant, and as consideration for Suzanne H. Wooten's
decision, vote, recommendation, and other exercise of official discretion in a judicial
proceeding, to wit: proceeding with a campaign to unseat the incum ent elected judge of the
380th Judicial District Court; filing paperwork to run for judge and Iling campaign finance
reports; and later presiding as judge ofthe 380th Judicial District Co , including presiding
over and issuing favorable rulings in cases pending in the 380th J dicial District Court, a
court in which DEFENDANT and her husband David Cary were parties to pending cases;
and the Grand Jury further presents in and to said Court at said term that:
COUNT THREE
STACY STINE CARY
hereinafter styled DEFENDANT, on or about January 30,2008, and before presentment of
this indictment, in the County and State aforesaid, did intentionall and knowingly offer,
confer, and agree to confer on another benefits, other than political cernributions as defined
by Title 15 of the Election Code or expenditures made and report ~din accordance with
Chapter 305 of the Government Code, namely a $25,000 check from DEFENDANT and
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payable to James Stephen Spencer, who at the time of the payment vas serving as campaign
manager for Suzanne H. Wooten's campaign for nomination and lection to the office of
Judge of the 380th Judicial District Court of Collin County, in the 2008 primary and general
election conducted ill Collin County, with the use of said funds enefitting Suzanne H.
Wooten, as consideration for Suzanne H. Wooten's decision, opinion recommendation, vote,
or other exercise of discretion as a public servant, and as conside ation for Suzanne H.
Wooten's decision, vote, recommendation, and other exercise of official discretion in a
judicial proceeding, to wit: proceeding with a campaign to unsea the incumbent elected
judge of the 380th Judicial District Court; filing paperwork to for judge and filing
campaign finance reports; and later presiding as judge of the 380th Judicial District Court,
including presiding over and issuing favorable rulings in cases pend' ng in the 380th Judicial
District Court, a court in which DEFENDANT and her husband Da id Cary were parties to
pending cases;
and the Grand Jury further presents in and to said Court at said term that:
COUNT FOUR
STACY STINE CARY
hereinafter styled DEFENDANT, on or about February 14,2008, and before presentment of
this indictment, in the County and State aforesaid, did intentionall and knowingly offer,
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confer, and agree to confer on another benefits, other than political contributions as defined
by Title 15 of the Election Code or expenditures made and repo: ed in accordance with
Chapter 305 of the Government Code, namely a $25,000 check from DEFENDANT and
payable to James Stephen Spencer, who at the time ofthe payment was serving as campaign
manager for Suzanne H. Wooten's campaign for nomination and election to the office of
Judge ofthe 380th Judicial District Court of Collin County, in the 2 ~08 primary and general
election conducted in Collin County, with the use of said funds benefitting Suzanne H.
Wooten, as consideration for Suzanne H. Wooten's decision, opinion recommendation, vote,
or other exercise of discretion as a public servant, and as consid eration for Suzanne H.
Wooten's decision, vote, recommendation, and other exercise of official discretion in a
judicial proceeding, to wit: proceeding with a campaign to unsea the incumbent elected
judge of the 380th Judicial District Court; filing paperwork to run for judge and filing
campaign fmance reports; and later presiding as judge of the 380th Judicial District Court,
including presiding over and issuing favorable rulings in cases pendi ng in the 380th Judicial
District Court, a court in whicl DEFENDANT and her husband Da id Cary were parties to
pending cases;
and the Grand Jury further presents in and to said Court at said term that:
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COUNT FIVE
STACY STINE CARY
hereinafter styled DEFENDANT, on or about February 26, 2008, a id before presentment of
this indictment, in the County and State aforesaid, did intentional. y and knowingly offer,
confer, and agree to confer on another benefits, other than political ontributions as defined
by Title 15 of the Election Code or expenditures made and repo ted in accordance with
Chapter 305 ofthe Government Code, namely a $25,000 wire transfer from DEFENDANT
to James Stephen Spencer, who was at the time of the payment servi g as campaign manager
for Suzanne H. Wooten's campaign for nomination and election to the office of Judge ofthe
380th Judicial District Court of Collin County, in the 2008 prim and general election
conducted in Collin County, with the use of said funds benefitting Suzanne H. Wooten, as
consideration for Suzanne H.Wooten's decision, opinion, recommendation, vote, or other
exercise of discretion as a public servant, and as consideration fo Suzanne H. Wooten's
decision, vote, recommendation, and other exercise of official discretion in a judicial
proceeding, to wit: proceeding with a campaign to unseat the incumtnt elected judge ofthe
380th Judicial District Court; filing paperwork to run for judge and filing campaign finance
reports; and later presiding as j.idge of the 380th Judicial District Co , including presiding
over and issuing favorable rulings in cases pending in the 380th Judicial District Court, a
court in which DEFENDANT and her husband David Cary were parties to pending cases;
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and the Grand Jury further presents in and-to said Court at said term that:
COUNT SIX
STACY STINE CARY
hereinafter styled DEFENDAi'iT, on or about March 7,2008, and before presentment of this
indictment, in the County and ;state aforesaid, did intentionally and J owingly offer, confer,
15 of the Election Code or expenditures made and reported in accor iance with Chapter 305
and agree to confer on another benefits, other than political contribu lions as defined by Title
of the Government Code, namely a $10,000 wire transfer from D FENDANT to James
Stephen Spencer, who was at the time of the payment serving as campaign manager for
Suzanne H. Wooten's campaign for nomination and election to thel office of Judge of the
380th Judicial District Court of Collin County, in the 2008 prim y and general election
conducted in Collin County, with the use of said funds benefitting" 'uzanne H. Wooten, as
consideration for Suzanne H. 'Wooten's decision, opinion, recomm~lndation, vote, or other
exercise of discretion as a public servant, and as consideration for Suzanne H. Wooten's
decision, vote, recommendation, and other exercise of official discretion in a judicial
proceeding, to wit: proceeding with a campaign to unseat the incumb ent elected judge of the
380th Judicial District Court; filing paperwork to run for judge and flling campaign finance
reports; and later presiding as judge of the 380th Judicial District Co , including presiding
over and issuing favorable rulings in cases pending in the 380th Ju icial District Court, a
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COUNT SEVEN
court in which DEFENDANT and her husband David Cary were p rties to pending cases;
and the Grand Jury further presents in and to said Court at said terrn that:
STACY STINE CARY
hereinafter styled DEFENDANT, on or about March 14,2008, and before presentment of
this indictment, in the County and State aforesaid, did intentionall and knowingly offer,
confer, and agree to confer onanother benefits, other than political '(Ontributions as defined
by Title 15 of the Election Code or expenditures made and reported in accordance with
Chapter 305 ofthe Government Code, namely a $15,000 wire trans er from DEFENDANT
to James Stephen Spencer, who was at the time of the payment servi g as campaign manager
for SuzanneH. Wooten's campaign for nomination and election to ie office of Judge ofthe
380th Judicial District Court of Collin County, in the 2008 primai ' and general election
conducted in Collin County, with the use of said funds benefitting uzanne H. Wooten, as
consideration for Suzanne H. Wooten's decision, opinion, recommrndation, vote, or other
exercise of discretion as a public servant, and as consideration for Suzanne H. Wooten's
decision, vote, recommendation, and other exercise of official discretion in a judicial
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proceeding, to wit: proceeding with a campaign to unseat the incum ent elected judge of the
380th Judicial District Court; filing paperwork to run for judge and filing campaign finance
reports; and later presiding as judge of the 380th Judicial District C rurt, including presiding
over and issuing favorable rulings in cases pending in the 380th i dicial District Court, a
court in which DEFENDANT and her husband David Cary were parties to pending cases;
AGAINST THE PEACE AND DIGNITY OF THE STATE.
FOREMAN OF THE GRAND JURY
Witnesses:
:~~'~I!r~~~!
;) .~7l
Glenda Anderson
James P. Bailey
Kyle Basinger
John Beasley
Alma Benavides
Charity Borserine
Amy Cabala
Karen Callihan
David Cary
Stacy Stine Cary
Alexis Katz Caughey
George Henry Clements
Gavin Cone
Darlina Crowder
11 H;\il:-':'"' i' .-:=. ;-./:.t·,('.:i~tl,t~\<:
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Daniel Dodd
Michael Finley
Kersten Alexander Hayes
William D . Johnson
Wendy Lee Kelly
Paul Dennis Key
David Marion Kleckner
Tim Lambert
Brian Loughmiller
James Mosser
Kimberlee Perkins
Michael Puhl
James Stephen Spencer
Kyle Swihart
Edward Lawson Valentine IV
Karl Voightsberger