OUTCOME: Not Guilty aggravated assault and Not Guilty of assault with bodily injury
A group of young men attending Texas State University were involved in an altercation in the parking lot of Hillside Ranch apartments in San Marcos on April 8, 2011 at 3:15am. Witnesses described hars...h words exchanged between a group of 4 young men and the complainant, Stephen Jenkins. Jenkins approached the group in a confrontational manner causing Jeffrey Werland to throw the first punch in self-defense. Joshua Hoelscher pled guilty in a separate hearing to kicking Jenkins in the face causing him to sustain severe facial fractures that required extensive reconstructive surgery.
Criminal defense
Aggravated Assault (Felony) Trial
Dec 02, 2013
OUTCOME: NOT GUILTY!
San Marcos, Texas: The trial of a man charged with aggravated assault with a deadly weapon began on Monday, December 2, 2013 and ended Friday, December 6 after the jury of 8 men and 4 women deliberated... 5 ½ hours and found the defendant, Jeffrey Werland, 26, of Columbus, not guilty of either charge. In addition to the aggravated assault charge (felony), the jury was also offered a lesser charge of assault with bodily injury (misdemeanor).
Werland was arrested in connection with an alleged assault in the parking lot of the Hillside Ranch Apartments located at 1350 North LBJ Drive on April 8, 2011 at approximately 3:15am. The complainant, Stephen Jenkins, 25, sustained facial injuries and was transported by Emergency Services personnel to Brackenridge Hospital where a medical evaluation revealed multiple facial fractures.
Witnesses testified to hearing “smack talk” between a group of young men in the parking lot and Jenkins and his friend as they ascended the stairs to an apartment for an “after party.” Jenkins testified he quickly jogged down the stairs and ran through the parking lot to Werland in a confrontational manner.
In his testimony, Jenkins agreed a reasonable person would say it appeared he was going to attack Werland. Werland threw a hard punch knocking both of them to the ground where Joshua Hoelscher dealt a kick to Jenkins’ face. In emotional testimony, witnesses described the kick by Hoelscher as if he were “kicking a football.”
Police charged Joshua Hoelscher, 22, in conjunction with the assault. Hoelscher pled guilty last year and received deferred adjudication; assuming he successfully completes probation, he will not have a conviction on his record. Jenkins sustained severe facial fractures that required extensive reconstructive surgery.
In the Werland trial, utilizing a claim of self-defense, defense attorney, Paul Looney, of Looney & Conrad, P.C. in Houston said “You have the right to self-defense when someone is aggressively coming toward you. In this country you don’t have to be obliterated before protecting yourself.”
In Judge Bill Henry’s instructions to the jury, he said “for self defense, a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other’s use or attempted use of unlawful force.”
Werland and Jenkins were both students at Texas State University at the time of the incident. Police also charged Aaron Cable, 26 and Corey Peikert, 26, with giving false reports to a police officer.
Criminal defense
U.S. Marshal Accused of Blowing Agent's Cover
N/A
OUTCOME: Not Guilty on either count
Deputy U.S. Marshal Lucio Moya of Rio Grande City, was arrested in December, 2012 on charges that he obstructed an investigation into a Starr County drug smuggling ring. According to Federal prosecuto...rs, Moya leaked the identity of an undercover Immigrations (ICE) agent via text messages to his father, Juan Norberto Moya who received a 10 year prison sentence for his involvement. Two charges Lucio Moya were accessory and obstruction of a proceeding.
