Professional Documents
Culture Documents
PHYSICAL DESCRIPTION: Race W Sex: M DOB: 06/2011955 I eight: 6'02" Weight: 240
1
Count Seven - Bribery
Companion Cases: Stacy Stine Cary, James Stephen Spencer, Suzanne . Wooten
THE GRAND JURY, for the County of COLLIN, State J Texas, duly organized,
impaneled, and sworn as such at the July Term, AD. 2010, .t 40lst JudicialDistrict
Court for said County, upon their oaths present in and to said Cou .t at said term that:
COUNT ONE
DAVIDCARY
hereinafter styled DEFENDANT, on or about and between Septem er 19, 2007 and October
20,2009, and before presentment ofthis indictment, in the County and State aforesaid, with
combination of three or more persons, namely himself, his wife S~tacyStine Cary, James
. I
Stephen Spencer, and Suzanne H. Wooten, did cornmit and conspire to commit the felony
2
offense of BRIBERY, a crime under Section 36.02 of the Texas Penal Code, as follows:
and James Stephen Spencer and Stacy Stine Cary that began on or about September 19,2007,
did intentionally and knowingly offer, confer, and agree to confer on another a benefit, which
was not a political contribution as defined by Title 15 of the Electii n Code or expenditures
made and reported in accordance with Chapter 305 of the Government Code, namely one or
more or all of the following payments, made through checks signed by Stacy Stine Cary and
wire transfers authorized by Stacy Stine Cary and directed and 1 ade payable to James
Stephen Spencer, who at the time of the payments was serving as campaign manager for
Suzanne H. Wooten's campaign for nomination and election to the office of Judge of the
380th Judicial District Court of Collin County, in the 2008 primal and general election
Date of Check
or Wire Transfer Date of Deposit Amount of Check
January 4, 2008 January 4,2008 $50, 00.00
3
with the use of said funds benefitting Suzanne H. Wooten, as consideration for Suzanne H.
servant, and as consideration for Suzanne H. Wooten's decision, vo:c, recommendation, and
campaign to unseat the incumbent elected judge of the 380th Judidial District Court; filing
I
paperwork to run for judge and filing campaign finance reports; an later presiding as judge
of the 380th Judicial District Court, including presiding over and issuing favorable rulings
in cases pending in the 3 80th Judicial District Court, a court in whicl DEFENDANT and his
and the Grand Jury further presents in and to said Court at said term that:
COUNT TWO
DAVIDCARY
hereinafter styled DEFENDANT, on or about January 4, 2008, andbe [ore presentment of this
indictment, in the County and State aforesaid, did intentionally and iowingly offer, confer,
and agree to confer on another benefits, other than political contribut ons as defined by Title
15 of the Election Code or expenditures made and reported in accordance with Chapter 305
of the Govemment Code, namely a $50,000 wire transfer from Staoy Stine Cary to James
4
Stephen Spencer, who was at the time of the payment serving as campaign manager for
Suzanne H. Wooten's campaign for nomination and election to the office of Judge of the
380th Judicial District Court of Collin County, in the 2008 primary and general election
conducted in Collin County, with the use of said funds benefitting Suzanne H. Wooten, as
consideration for Suzanne H. Wooten's decision, opinion, recom endation, vote, or other
proceeding, to wit: proceeding with a campaign to unseat the incumbent elected judge of the
380th Judicial District Court; filing paperwork to run for judge and filing campaign finance
reports; and later presiding as judge of the 380th Judicial District Court, including presiding
over and issuing favorable rulings in cases pending in the 380th Aldicial District Court, a
court in which DEFENDANT and his wife Stacy Stine Cary were arties to pending cases;
and the Grand Jury further presents in and to said Court at said terrn that:
COUNT THREE
DAVIDCARY
hereinafter styled DEFENDANT, on or about January 30, 2008, and before presentment of
this indictment, in the County and State aforesaid, did intentionallj and knowingly offer,
confer, and agree to confer on another benefits, other than political oontributions as defined
5
by Title 15 of the Election Code or expenditures made and rep rted in accordance with
Chapter 305 of the Government Code, namely a $25,000 check frbm Stacy Stine Cary and
payable to James Stephen Spencer, who at the time of the payment was serving as campaign
manager for Suzanne H. Wooten's campaign for nomination and election to the office of
Judge of the 380th Judicial District Court of Collin County, in the 2008 primary and general
election conducted in Collin County, with the use of said funds benefitting Suzanne H.
judicial proceeding, to wit: proceeding with a campaign to unseat the incumbent elected
judge of the 380th Judicial District Court; filing paperwork to run for judge and filing
campaign finance reports; and later presiding as judge of the 380t Judicial District Court,
including presiding over and issuing favorable rulings in cases pending in the 380th Judicial
District Court, a court in which DEFENDANT and his wife Stacy Stine Cary were parties
to pending cases;
and the Grand Jury further presents in and to said Court at said tern that:
6
COUNT FOUR
DAVIDCARY
this indictment, in the County and State aforesaid, did intentionally and knowingly offer,
confer, and agree to confer on another benefits, other than political contributions as defined
by Title 15 of the Election Code or expenditures made and repo ed in accordance with
Chapter 305 of the Government Code, namely a $25,000 check fr m Stacy Stine Cary and
payable to James Stephen Spencer, who at the time of the payment was serving as campaign
manager for Suzanne H. Wooten's campaign for nomination and election to the office of
Judge of the 380th Judicial District Court of Collin County, in the 2 08 primary and general
election conducted in Collin County, with the use of said funds enefitting Suzanne H.
judicial proceeding, to wit: proceeding with a campaign to unsea1 the incumbent elected
judge of the 380th Judicial District Court; filing paperwork to run for judge and filing
campaign finance reports; and later presiding as judge of the 380th Judicial District Court,
including presiding over and issuing favorable rulings in cases pendi g in the 380th Judicial
District Court, a court in which DEFENDANT and his wife Stacy Stine Cary were parties
7
to pending cases;
and the Grand Jury further presents in and to said Court at said term that:
COUNT FIVE
DAVIDCARY
this indictment, in the County and State aforesaid, did intentionally and knowingly offer,
confer, and agree to confer on another benefits, other than political contributions as defined
by Title 15 of the Election Code or expenditures made and reported in accordance with
Chapter 305 of the Government Code, namely a $25, 000 wire trans L from Stacy Stine Cary
to James Stephen Spencer, who was at the time of the payment servijg as campaign manager
for SuzanneH. Wooten's campaign fornomination and election to je office ofJudge of the
380th Judicial District Court of Collin County, in the 2008 primary and general election
conducted in Collin County, with the use of said funds benefitting Suzanne H. Wooten, as
proceeding, to wit: proceeding with a campaign to unseat the incumli ent elected judge of the
8
380th Judicial District Court'; filing paperwork to run for judge an filing campaign finance
reports; and later presiding as judge of the 380th Judicial District Court, including presiding
over and issuing favorable rulings in cases pending in the 380thudicial District Court, a
court in which DEFENDANT and his wife Stacy Stine Cary were ..arties to pending cases;
and the Grand Jury further presents in and to said Court at said te m that:
COUNT SIX
DAVIDCARY
hereinafter styled DEFENDANT, on or about March 7,2008, and before presentment ofthis
indictment, in the County and State aforesaid, did intentionally and knowingly offer, confer,
and agree to confer on another benefits, other than political contributions as defined byTitle
15 of the Election Code or expenditures made and reported in accordance with Chapter 305
of the Government Code, namely a $10,000 wire transfer from Stacy Stine Cary to James
Stephen Spencer, who was at the time of the payment serving as campaign manager for
Suzanne H. Wooten's campaign for nomination and election to th office of Judge of the
380th Judicial District Court of Collin County, in the 2008 primary and general election
conducted in Collin County, with the use of said funds benefitting Suzanne H. Wooten, as
.9
exercise of discretion as a public servant, and as consideration DDrSuzanne H. Wooten's
proceeding, to wit: proceeding with a campaign to unseat the incur bent elected judge of the
380th Judicial District Court; filing paperwork to run for judge an filing campaign finance
reports; and later presiding as judge of the 380th Judicial District Curt, including presiding
over and issuing favorable rulings in eases pending in the 380th rdicial District Court, a
court in which DEFENDANT and his wife Stacy Stine Cary were ]Dartiesto pending cases;
and the Grand Jury further presents in and to said Court at said ten that:
COUNT SEVEN
DAVIDCARY
hereinafter styled DEFENDANT, on or about March 14, 2008, and before presentment of
this indictment, in the County and State aforesaid, did intentional and knowingly offer,
confer, and agree to confer on another benefits, other than political [ontributions as defined
by Title 15 of the Election Code or expenditures made and repo Ited in accordance with
Chapter 305 ofthe Government Code, namely a $15,000 wire transfer from Stacy Stine Cary
to James Stephen Spencer, who was at the time of the payment servil as campaign manager
for Suzanne H. Wooten's campaign for nomination and election to t .e office of Judge ofthe
10
380th Judicial District Court of Collin County, in the 2008 prim ary and general election
1
conducted in Collin County, with the use of said funds benefittin@1Suzanne H. Wooten, as
consideration for Suzanne H. Wooten's decision, opinion, recom hendation, vote, or other
proceeding, to wit: proceeding with a campaign to unseat the incumbent elected judge ofthe
380th Judicial District Court; filing paperwork to run for judge and filing campaign finance
reports; and later presiding as judge of the 380th Judicial District Court, including presiding
over and issuing favorable rulings in cases pending in the 380th Judicial District Court, a
court in which DEFENDANT and his wife Stacy Stine Cary were arties to pending cases;
Witnesses:
Glenda Anderson
James P. Bailey
Kyle Basinger r::- 1; f:
.- :;
i.:!· •.
I:
:.¥
!i.:-;;..:}
1
:,'~~
>
John Beasley
Alma Benavides
Charity Borserine
Amy Cabala
Karen Callihan
David Cary
Stacy Stine Cary
Alexis Katz Caughey
George Henry Clements
Gavin Cone
Darlina Crowder
Daniel Dodd
Michael Finley
Kersten Alexander Hayes
William D. Johnson
Wendy Lee Kelly
Paul Dennis Key
David Marion Kleckner
Tim Lambert
Brian Loughmiller
James Mosser
Kimberlee Perkins
Michael Puhl
James Stephen Spencer
Kyle Swihart
Edward Lawson Valentine N
Karl Voightsberger
12