stacy stine cary indictment

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THE STATE OF TEXA.S V. STACY STINE CARY CAUSE # 3CeCQ.., ~~2i?~-1 D I PHYSICAL 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 1 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 --:-- --~---~--

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Page 1: Stacy Stine Cary Indictment

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

1

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 --:--

--~---~--

Page 2: Stacy Stine Cary Indictment

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

3

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

Page 3: Stacy Stine Cary Indictment

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:

Page 4: Stacy Stine Cary Indictment

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

4

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

Page 5: Stacy Stine Cary Indictment

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

5

Page 6: Stacy Stine Cary Indictment

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,

6

Page 7: Stacy Stine Cary Indictment

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:

7

Page 8: Stacy Stine Cary Indictment

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;

8

Page 9: Stacy Stine Cary Indictment

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

9

Page 10: Stacy Stine Cary Indictment

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

10

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

Page 11: Stacy Stine Cary Indictment

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~\<:

Page 12: Stacy Stine Cary Indictment

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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