Local News
Prison sentence given in Commerce shooting case
A Commerce man was sentenced to prison Wednesday for a conviction on a charge of aggravated assault with a deadly weapon.
A jury in the 354th District Court found Howard Weatherall Jr., 41, guilty of the charge, and also one count of unlawful possession of a firearm by a felon, Tuesday following a one-day trial. Weatherall had been accused of shooting a male victim in Commerce in September 2007.
Typically, a charge of aggravated assault carries a maximum sentence of up to 20 years in the Texas Department of Criminal Justice-Institutional Division, although Weatherall’s previous criminal record enhanced the potential punishment he could receive for the conviction.
Weatherall had five previous felony convictions, including two for delivery of a controlled substance, and one each for possession of a controlled substance with intent to deliver, aggravated assault with a deadly weapon and unlawful possession of a firearm by a felon.
As such, Weatherall was facing a sentence of from 25 years to life. He chose to have Judge Richard A. Beacom assess his punishment.
Wednesday morning, Beacom sentenced Weatherall to 40 years in prison on both counts, to run concurrently. As a deadly weapon was found to have been used in the commission of the crime, Weatherall will have to spend half of the sentence, or 20 years, in prison before being eligible for consideration of parole.
The Commerce Police Department responded to a call of shots fired in the 400 block of MLK on Sept. 9, 2007. Weatherall had shot an individual at the location five times after the two had engaged in a verbal altercation. Weatherall was also shot during the disturbance.
The charge of unlawful possession of a firearm by a felon involved Weatherall’s possession of the handgun used during the shooting.
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