BRENHAM MAN CONVICTED OF AGGRAVATED ASSAULT AFTER FOUR DAY TRIAL

  

A Brenham man was convicted Thursday by a Washington County jury of Aggravated Assault Causing Serious Bodily Injury, a second degree felony, after a four day trial.

Twenty-seven- year old Alan Domingo Diaz was indicted on May 2, 2013 for Aggravated Assault Causing Serious Bodily Injury in Retaliation, a First Degree Felony.  Judge Carson Campbell presided over the trial in the 21st District Court.  Assistant District Attorneys Eric Berg and Lauren Haevischer represented the State at trial, and Lee Van Richardson and Elizabeth Zweiner represented the Defendant.

On January 1, 2013 the defendant was arrested for a Burglary of Habitation occurring hours earlier.  At the jail, another person arrested with Diaz gave a written statement implicating Diaz in the burglary.  On February 11, 2013, Diaz attacked the witness against him, punching him in the head repeatedly.  As a result of the assault, the witness lost sight in his left eye and has undergone multiple surgeries attempting to repair the eye.

An assault becomes an Aggravated Assault when the defendant either uses a deadly weapon or inflicts serious bodily injury.  The jury convicted Diaz of the lesser included 2nd degree felony, in essence finding that the assault did not occur in retaliation for the statement given by the victim.  As convicted by the jury, the offense is a second degree felony punishable by between 2 and 20 years in the Texas Department of Corrections.  However, based on Diaz’s criminal history, the charge may be enhanced to a first degree felony punishable by between 5 and 99 years, or life in the penitentiary.  Diaz will be sentenced by the court at a later date.

During closing, First Assistant Berg appealed to the jury saying, “I’m trying to protect you, and to seek justice.”  “We’re all here,” he explained, “because Alan Diaz blinded [the victim].”

Afterward, District Attorney Julie Renken commented after the trial, “Alan Diaz’s actions will not be tolerated in our society, in this community, or even in our jail, and this verdict reinforces that.”  Renken commented further, “This entire office has worked tirelessly to see this case get to a conviction.  And we can’t thank the jury enough for their attention and hard work in this case.”