A 21-year-old man is headed to prison for a decade after violating his initial sentence of probation for a 2016 sexual assault.
According to a press release from the office of the Tom Green County District Attorney, on July 25, 2018, a Tom Green County jury found Alex Jonathan Cabello guilty of sexual assault and sentenced him to 10 years confinement in the Institutional Division of Texas Department of Criminal Justice.
Jurors found Cabello fit for probation and suspended the imposition of the sentence, recommending he serve a term of probation. The law required that District Judge Jay Weatherby probate the sentence, and he ordered the defendant to serve 10 years of probation.
On July 10, 2019, less than a year from when the defendant was placed on probation, Assistant District Attorney Sara Reyes, filed a motion to revoke Cabello’s probation, alleging that he violated his probation terms in numerous ways.
On Oct. 10, 2019, Weatherby presided over a hearing to decide whether the State could prove the defendant violated his probation and, if so, whether to revoke his probation and impose the original sentence; to sanction him informally as the probation department recommended; or to do something else.
Reyes presented evidence of Cabello’s violations of probation.
Weatherby found Cabello violated his probation by:
- Failing to make payments
- Failing to complete an inability to pay form
- Failing to permit a supervision officer from visiting defendant’s home or work
- Failing to make a diligent effort to secure employment
- Failing to provide proof of the level of defendant’s formal education
- Failing to complete community service
- Failing to report by mail to his probation officer
- Failing to pay for sex offender therapy
- Failing to comply with the Texas Sex Offender Registration Program
Weatherby found that Cabello violated 12 conditions of his probation and chose not to engage in lesser sanctions available, such as those recommended by the probation department.
Instead, Weatherby revoked Cabello’s probation, saying that the jury sentenced him to 10 years confinement and that his second chance was the recommendation of probation, in which he failed to comply. Weatherby imposed the jury’s original sentence and sentenced Cabello to 10 years confinement in prison.
The district attorney's office released the following statement regarding the case:
"We want to thank Judge Weatherby for his careful consideration and strong statement against sexual violence in this case. The Judge’s decision is a powerful source of deterrence to potential predators in our community and, hopefully, a source of justice and a message of protection to our community at large and survivors of sexual assault specifically. We applaud the young lady who had the strength and courage to take the stand and confront her perpetrator during the original trial. We hope that this will be another step in the healing process that enables her to move forward from this awful period of her life. Prosecuting sexual crimes requires a team effort. Our office remains committed to working closely with the victims in these cases and seeking justice for our community."
