Defendant seeking third trial in 2009 shooting

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July 27, 2012

Defendant seeking third trial in 2009 shooting

Lemons twice convicted and sentenced to prison

By BRAD KELLAR Herald-Banner Staff The Herald-Banner Fri Jul 27, 2012, 02:46 PM CDT

GREENVILLE — A Rains County man, twice convicted and sentenced to prison for shooting the husband of his girlfriend, is hoping the third time is the charm.

James Earl Lemons of Point was sentenced in June to 17 years in the Texas Department of Criminal Justice-Institutional Division, following a trial in the 354th District Court.

Lemons’ defense attorney on appeal, Scott Cornuaud, has filed a motion seeking a new trial.

“The verdict in this case is contrary to the law and the evidence,” Cornuaud said. “The trial court has the discretion to grant a new trial in the interest of justice.”

A hearing concerning the motion is scheduled in the court August 28.

Lemons’ first conviction on the charge of aggravated assault with a deadly weapon was overturned on appeal.

But a jury found Lemons guilty again June 7, following a three day trial. The sentence was handed down one week later by Judge Richard A. Beacom.

Lemons was convicted by a jury in March 2010 and at that time was also sentenced to 17 years in prison.

The Sixth Appellate District of Texas at Texarkana reversed Lemons’ conviction in February 2011, citing he received ineffective assistance from his defense counsel during trial, and remanded the case back to the district court.

Lemons was indicted in August 2009 for allegedly using a shotgun to shoot the husband of his girlfriend.

Darryl Cox was shot in the stomach on the night of Sept. 7, 2008 at his residence along Farm-To-Market Road 1569.

During interviews with family members shortly after the shooting, Karen Curtis Cox said she had a picture of Lemons on the computer at the residence and later admitted he was her boyfriend, but said she did not think he could have been the one to shoot Darryl Cox.

Karen Cox had a charge of hindering apprehension in connection with the same incident dismissed.

The appeals court ruled that Lemons’ defense counsel failed to raise evidence during the trial that Darryl Cox was the only person to identify Lemons as the shooter, after initially naming another man, which should have cast doubt on the victim’s credibility.

The charge is a second degree felony, punishable upon conviction by a maximum sentence of from two to 20 years in prison.