Polk County Enterprise - Local News
Stories Added - August 2008
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y Publishing Company

Rushing gets life for molesting daughter
Polk County Enterprise - August 2008

LIVINGSTON — Separate Polk County juries issued stiff sentences on child molesters in trials this week in Judge Elizabeth Coker’s 258th District Court. One jury issued an 18-year sentence (out of a possible 20 years) to a defendant found guilty of Indecency with a Child in a case prosecuted by District Attorney Lee Hon. On Friday, a jury returned a life sentence to a man who molested his own daughter. Assistant District Attorneys Joe Martin and Kaycee Jones represented the State in that trial. In the second trial, Brandon Rushing, 27, of Livingston was found guilty of four counts of molestation: three indecent acts and one sexual assault committed against his 9-year-old daughter. Jurors heard details of the Polk County assaults and others that occurred when the defendant lived in Fort Worth. Another neighborhood child testifi ed concerning an incident of indecent exposure by Rushing. The jury was also made aware of Rushing’s conviction for sexual assault and indecency with a child while he was in the military in 2000. The previous conviction required the jury to assess a life sentence for the sexual assault. The jury also handed down two sentences of 20 years and one sentence of 10 years on the indecency charges. These prison terms will be served concurrently with the life sentence. In the fi rst case, David Ortiz, age 42, of Killeen was convicted of indecent contact with a 7-year -ld child who was the daughter of his girlfriend. After the jury returned a guilty verdict, Ortiz admitted the offense on the witness stand and testified that he had done so because he was interested in “little girls.” He had no explanation for why he had pled not guilty and forced the child to relive the experience on the witness stand. Martin expressed gratitude for the juries’ hard work. He said that the District Attorney’s Office has a heavy caseload of child sexual offenses and promised that prosecutors would use every tool available to continue to obtain appropriate sentences on these offenders. Martin emphasized that while these cases were tried under the child sex offense statutes in effect in 2007, even tougher laws are in effect beginning with offenses committed after Sept. 1, 2007 and the District Attorney’s Office will aggressively seek the application of these new provisions to prevent the victimization of children in Polk County.


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