FORMER AUSTIN COUNTY OFFICIAL SENTENCED TO PRISON

  

A former Austin County Tax Assessor/Collector has been sentenced to prison for theft.

District Judge Dwight Peschel has sentenced 40 year old Marcus Pena to 10 years in prison, and ordered him to pay over $275,000 in restitution to Austin County.  Pena, who served as Austin County Tax Assessor/Collector from 2013-2016, pled guilty to charges of theft and misapplication of fiduciary property of a financial institution by a public servant.  His two 10-year sentences will run concurrently.  He had previously served 88 days in the Austin County Jail before he made bond.

Pena lost his re-election bid in 2016 to present Austin County Tax Assessor/Collector Kim Rinn.  After taking office, Rinn noticed financial irregularities and notified County Judge Tim Lapham.  District Attorney Travis Koehn referred the case to the Texas Rangers and the Texas Attorney General’s Office for investigation.  Since the case involved an elected county official, Koehn and District Judge Jeff Steinhauser recused themselves.  Assistant Attorney General Julie Stone prosecuted the case, and visiting District Judge Dwight Peschel of Guadalupe County presided over the one-day trial in Bellville.  The Department of Criminal Justice – Institutional Division has sole discretion on whether and when Pena will be paroled.