TOMBALL MAN RECEIVES REDUCED SENTENCE FOR WASHINGTON CO. MURDER AFTER NEW TRIAL

  

A Tomball man previously sentenced to life in prison for a murder four years ago in Washington County will now serve 40 years.

25-year-old Nicholas Royal Porter was first sentenced in November 2017 for the murder of Ernest Trevino Sr. on April 10, 2017.  However, the jury’s findings from a new trial led to a reduced sentence this week in 21^st District Court.

According to Washington County District Attorney Julie Renken, Porter filed a Writ of Habeas Corpus on January 1, 2019, alleging that his attorney during the first trial, Paul Lavelle, was ineffective for advising Porter incorrectly on the law.

According to Renken, it was discovered during the writ process that Porter’s attorney told Porter during initial proceedings that he would be eligible for deferred probation if he pleaded guilty to the murder charge.  In Texas, those who are convicted of murder cannot receive probation.

On September 11, 2019, the Court of Criminal Appeals ordered the trial court to hold an evidentiary hearing to determine what happened between Porter and his attorney prior to the original guilty plea.  The hearing was held on November 21, 2019 before Judge Reva Towslee-Corbett, whose findings were sent to the Court of Criminal Appeals.  On July 1, 2020, the court vacated the previous life sentence and ordered a new trial, finding that Lavelle was an ineffective defense counsel.

Porter, who also pleaded guilty during the new trial presided over by Judge Towslee-Corbett, will receive credit from the time he has spent in jail on his new sentence.

Also sentenced in District Court this week:

26-year-old Cedrick Leonard Gee of Brenham, sentenced to five years in prison for Aggravated Assault with a Deadly Weapon.

33-year-old Robert Wayne Purselley of Houston, sentenced to 13 months in state jail for Burglary of a Building.  He must also pay $695 in restitution.

24-year-old Jordan Delano Edwards of Dayton, sentenced to 10 months in state jail for Unauthorized Use of a Motor Vehicle.

20-year-old Ricky Anthony Calamateo of Brenham, sentenced to 9 months in state jail for Fraudulent Use or Possession of Identifying Information and Theft of Property between $2,500 and $30,000.

48-year-old Luis Erasmo Gomez of Plainview, sentenced to 9 months in state jail for Theft of Property less than $2,500 with Two or More Previous Convictions.

28-year-old Kaylyn Ann Bardwell of Texas City, sentenced to 5 years deferred adjudication probation for Possession of a Controlled Substance in a Drug Free Zone, Possession of a Controlled Substance and Abandoning or Endangering a Child.  Bardwell must also pay a $180 lab fee, perform 150 hours of community service, complete a drug offender education program and a 12 month residential treatment program, and maintain no contact with the victim unless through a family law order.

20-year-old Christian Lamar Thomas of Brenham, sentenced to 3 years deferred adjudication probation for Theft of a Firearm.  Thomas must also pay a $500 fine and $50 crime stoppers fee, as well as complete 200 hours community service restitution.

30-year-old Amanda Gallegos of Brenham, sentenced to 3 years deferred adjudication probation for Injury to a Child.  She was also ordered to perform 75 hours of community service and take 12 hours of parenting class.

41-year-old Raymond Lee Dabera, Jr. of Waco, sentenced to 60 days in the Washington County Jail and ordered to pay a $50 fine for Assault Causing Bodily Injury.