DA Warner: ‘A man’s life has been stolen; this is not a case for probation’
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| Jason Lynn White |
The Progress Editor - posted May 7 -
Jason Lynn White, 29, of George West was found guilty of murder with a deadly weapon by a Live Oak County jury last Wednesday, April 30.
Almost a year to the day, White was arrested (April 29, 2007) on first degree murder charges. The victim, David Earl Logan, was 44. While Logan stood in inside his home, White shot him through the glass door in the chest.
Live Oak County Sheriff Larry Busby said, “We received a call for assistance from San Patricio County; the shooting was 3.5 miles east of IH 37 on FM 888 near the San Pat and Live Oak County line.”
Live Oak County deputies John Brosig, Bruce Parsons and Matt Hooper as well as DPS Trooper Richard Russell were the first at the scene. Shortly thereafter Busby, Chief Deputy Glenn Thompson and Texas Ranger Oscar Rivera arrived.
Testimony revealed White dialed 911 about an hour and half after the shooting and said he had just shot a man. Dispatchers kept him on the phone until Brosig, Hooper, and Russell arrived and took him into custody.
Jury selection began last Monday, April 28. Before the jury was selected and impaneled the District Attorney Martha Warner and the defendant’s lawyer considered a change of plea to a lesser charge including the offense of voluntary manslaughter with a cap of 20-years imprisonment but at the last moment the state chose to follow through with the charge of murder with a deadly weapon. The defendant’s lawyer, Joel Thomas of Sinton made a motion for a mistrial but was denied.
The jury and an alternate were seated and sworn-in. White was arraigned and he pleaded: ‘not guilty’. The following day, the state witnesses including Russell, Brosig, and Rivera gave testimony. District Judge Joel Johnson called for a recess and the trail resumed the next day.
Rivera was recalled and then the state rested. The defense called White and then rested. There was a short rebuttal by the state. The jury charge was prepared and given to the jury. The jury deliberated less than 8 minutes and found White guilty of murder with use of a deadly weapon. The jury was polled to confirm the verdict.
The following day the state gave their opening statement for the for the punishment phase followed by the defense. Both parties questioned witnesses to establish White’s character and demeanor.
Warner closed by thanking the jurors for their time and said, “I know your job is a difficult one - you are very important part of our system. But you know what happened; this is a murder case. A man’s life has been stolen; this is not a case for probation.” Thomas made an effort to convince the jury White would benefit from probation with rehabilitation. White had been the teased as a child and as an adult he was often the brunt of many jokes.
The jury returned punishment in the amount of 40 years at a Texas Department of Criminal Justice Center with a $4000 fine. Johnson advised White and his lawyer of their right to appeal.
Two business days later, from a telephone interview Warner said, “I am pleased with the jury’s decisions. This was not only a tragedy for Logan’s family but for White’s family too.” When asked if she was concerned by an appeal, Warner answered by saying, “I am not worried if the defense chooses to appeal. There were no errors in the case.”