KBTX-College Station
Posted: 6:25 PM Apr 27, 2011
Reporter: Stephanie Palmer
Email Address: palmer@kbtx.com
A family is certain justice was not served. Charles Makofski, 20, pleaded guilty in Grimes County to molesting a child but, will not serve one day in prison.
"To find out he's only going to do 90 days in county jail and have 10 years of deferred adjudication is ridiculous," said the victim's stepmother. "It is not justice."
The victim's parents declined to give News 3 their names in order to keep their daughter's identity a secret. The stepmother and father were outraged by the judge's decision.
Prosecutors say Makofski confessed to molesting a 7 year old relative, 2 years ago. As part of the punishment, Judge Albert McCaig did make Makofski register as a sex offender. However, Makofski will still be able to attend church functions with children as long as he supervised.
"You are playing with fire. It makes me nervous when you put a sex offender in a place like that," said Tuck McLain, Grimes County District Attorney.
McLain says while he respects the judge, he is disappointed by the decision. He does not think sex offenders can be rehabilitated.
"My goal is to stop them from ever touching anybody again," said McLain. "The best way to do that is to lock them up in Huntsville."
News 3 went to the courthouse in Anderson to get Judge McCaig's point of view. He declined an interview. The Navasota Examiner published an article that says the judge factored the defendant's age and religion in the sentencing. The article includes the following quote.
"Eighteen-year-olds aren't known for having good judgment. And, by his own admission, he was drinking at the time of the offense," said McCaig.
The explanation is not enough for the victim's family.
"Keep this judge out of office, so he cannot do this another victim and their family," said victim's stepmother.
The Grimes County District Attorney says he is made changes in his office procedures to make sure sex offenders who plead guilty spend time in prison. Offenders must be tried by a jury. Once a jury convicts the defendant, the violator can not receive deferred adjudication from a judge.
This is not the first time, this judge has given a sex offender a suspended sentence. In 2009, McCaig gave Willie Clyde Snook deferred adjudication for 10 years. Snook also sexually assaulted a child.
Posted: 6:25 PM Apr 27, 2011
Reporter: Stephanie Palmer
Email Address: palmer@kbtx.com
A family is certain justice was not served. Charles Makofski, 20, pleaded guilty in Grimes County to molesting a child but, will not serve one day in prison.
"To find out he's only going to do 90 days in county jail and have 10 years of deferred adjudication is ridiculous," said the victim's stepmother. "It is not justice."
Prosecutors say Makofski confessed to molesting a 7 year old relative, 2 years ago. As part of the punishment, Judge Albert McCaig did make Makofski register as a sex offender. However, Makofski will still be able to attend church functions with children as long as he supervised.
"You are playing with fire. It makes me nervous when you put a sex offender in a place like that," said Tuck McLain, Grimes County District Attorney.
McLain says while he respects the judge, he is disappointed by the decision. He does not think sex offenders can be rehabilitated.
"My goal is to stop them from ever touching anybody again," said McLain. "The best way to do that is to lock them up in Huntsville."
News 3 went to the courthouse in Anderson to get Judge McCaig's point of view. He declined an interview. The Navasota Examiner published an article that says the judge factored the defendant's age and religion in the sentencing. The article includes the following quote.
"Eighteen-year-olds aren't known for having good judgment. And, by his own admission, he was drinking at the time of the offense," said McCaig.
The explanation is not enough for the victim's family.
"Keep this judge out of office, so he cannot do this another victim and their family," said victim's stepmother.
The Grimes County District Attorney says he is made changes in his office procedures to make sure sex offenders who plead guilty spend time in prison. Offenders must be tried by a jury. Once a jury convicts the defendant, the violator can not receive deferred adjudication from a judge.
This is not the first time, this judge has given a sex offender a suspended sentence. In 2009, McCaig gave Willie Clyde Snook deferred adjudication for 10 years. Snook also sexually assaulted a child.
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