Frankston man found guilty of 5th DWI

Wednesday, August 24, 2011 - 12:26pm

Athens, Texas — Gary Wayne Mauldin, II, 34 of Frankston was convicted by a Henderson County jury in a Judge Dan Moore's 173rd Judicial District Court last Wednesday afternoon. After a two day trial, the jury deliberated for less than two hours before rendering the guilty verdict.

Assistant Distrcit Attorneys Justin Weiner and Nancy Rumar prosecuted the case on behalf of the District Attorney Office.

Testimony given throughout the trial revealed that Mauldin had ben stopped by State Trooper John Massey on March 31st of last year on SH 155 near the Briarwood Bay Subdivision entrance. Maudlin was pulled over at 1:42 a.m. and was driving a car that did not have insurance and was also driving without a valid driver's license. Mauldin license was suspended after a previous DWI.

After the failure of multiple field sobriety tests, Mauldin was arrested for driving while intoxicated. Blood tests later confirmed his intoxication, revealing a blood alcohol content of .12.

In closing, Mr. Weiner asked the jury to not only trust the testimony of Trooper Massey and the blood results, but to also trust the defendant. "Trust the defendant," Mr. Weiner said "who when asked by the trooper if he was intoxicated, replied 'by state law, yes sir."

Maudlin elected to have the court assess punishment, which is scheduled for October 13.

Information from Henderson County


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