A Montgomery County man accused of assaulting a public servant and threatening to kill police officers could have walked free Monday. However, after refusing a plea bargain, he was convicted and hit with a 40-year sentence.
Jurors in the 9th District Court of Judge Phil Grant convicted Raymond Lindsey Jr., 46, last week of Assault on a Public Servant and Retaliation. His attorney said he already had been in jail 19 months and would have been released with "time served."
Although he was appreciative of the deal, he did not want to plead guilty and believed everybody had conspired against him, appointed defense attorney Willis Everett Smith said.
Assistant District Attorney Philip Teissier presented evidence during the trial that on Jan. 5, 2015, Houston Police Department officers were dispatched to an apartment in Southeast Montgomery County for a possible domestic disturbance.
Officers encountered an aggressive Lindsey and his scared girlfriend, Teissier said. While the officers waited for Lindsey's girlfriend to gather items and leave the apartment, Lindsey pointed at each of the officers one by one and individually threatened to kill them, according to the DA's Office.
Lindsey then proceeded to destroy numerous objects inside the apartment, including a glass coffee table, a flat-screen TV, the entertainment center and a bird cage with a live bird inside.
After escorting Lindsey's girlfriend out of the apartment, additional officers arrived to assist. They again approached the apartment, and Lindsey threatened to kill another officer. When officers attempted to arrest Lindsey, he assaulted one of the officers by slamming the apartment door on the officer's arm multiple times.
Smith has concerns about his client's mental health and said his actions were not directed toward the officers.
"I think he was more unstable than anything else," Smith said. "Although, I think if you were to ask him, he would think he was fine. I think he needs another set of eyes and ears to look at what I've looked at."
Smith filed for a psychological evaluation in March, which said "may be incompetent to stand trial based on the numerous conversations with Lindsey, his history of mental illness, the strange occurrence and irrational conduct that caused his arrest, and letters that were sent to counsel filled with biblical references, conspiracies, delusional beliefs, and illogical conjecture."
However, Smith said Lindsey was deemed competent by the evaluation and judge.
During the sentencing hearing, Teissier presented evidence of Lindsey's prior criminal history, including two penitentiary sentences from Illinois for the offenses of Burglary and Unlawful
Possession of a Vehicle, a prison sentence from Iowa for Domestic Assault, and an uncharged family violence assault against Lindsey's girlfriend.
Because Lindsey had at least two prior sentences, his punishment range in each case was 25 years to life.
"This defendant had compiled a lengthy criminal history out of state prior to moving to Texas," Teissier said. "Consequently, Lindsey is obviously not the type of person we want living in Texas or Montgomery County. Unfortunately for him, he had to learn that the hard way."
Smith said a plea bargain would have reduced the sentence at assault and allowed Lindsey to be released.
"He is very religious and said no man should judge another man," said Smith, who said Lindsey said he understood the charges and punishment he faced. "That's another reason I filed a psychological evaluation is because of his thought process. ... He'd use religion to justify actions. The problem was the decisions weren't going to help him in reality."
"I said the minimum is 25 to life. You're going to have all of these witnesses come and testify against you and you are not going to have anyone testify for yourself. "He said, 'It is what it is.'"
Smith said this is the first time in his 30 years of experience that he has had a client turn down a plea bargain for the degree of charges Lindsey faced.
"(After the verdict) He said it's all good, you did your best," Smith said. "I said, 'Wow."
Smith said he is compiling a notice for appeal, which will go to a new lawyer for Lindsey.