A Bowie County district judge has denied a defense request to go through the cell phone of the alleged victim of a knifepoint sexual assault.
Mount Pleasant, Texas, lawyer Bart Craytor filed a motion on behalf of Donald Mack Tussey Jr. last month seeking a court order that would force the alleged victim in Tussey's pending aggravated sexual assault case to turn her cell phone over for examination. Craytor claimed he needed the phone to search for evidence the alleged victim might be setting Tussey up or blackmailing him and that he thought the device might help him identify potential witnesses.
At a hearing July 31, First Assistant District Attorney Kelley Crisp and Assistant District Attorney Lauren Richards argued against the request. At the end of the hearing, 202nd District Judge John Tidwell said he would take the matter under advisement and issue a written ruling.
In a two-sentence order Aug. 5, Tidwell denied Craytor's motion.
"The court upon review of the pleadings, arguments of counsel and the case law cited therein finds that the moton is denied," Tidwell's order states.
Tussey, who is required to register as a sex offender because of a prior conviction involving a knifepoint sexual assault in another state, has been in jail since his arrest in January for the alleged assault in Bowie County, which allegedly occurred in his residence the night of Nov. 7.
The woman reportedly knew Tussey because he was a friend of her husband's. The woman told investigators that Tussey offered to pay her $500 if she would pose for four photographs to be used in a calendar. The woman reported that she went to Tussey's home in the 800 block of Patton Street in Leary, Texas, about 9 p.m. Nov. 7.
The woman told investigators that Tussey photographed her but did not pay her the full amount of what he agreed. Later that night, about 11:30 p.m., Tussey allegedly called the woman and told her he had more money for her. The woman reported that she went to Tussey's home with friends who waited for her outside Tussey's home in their car.
The woman said that when she went into Tussey's home, he was smoking methamphetamine and drinking. Tussey allegedly offered to give the woman more money, a welder and an air compressor if she would engage in sexual activity with him. The woman said she declined, pointing out that she was married.
Tussey allegedly became angry, grabbed the woman by the face and threw her down. The woman said she did what Tussey wanted after he grabbed a knife from his kitchen and ordered her to take off her pants. The woman said Tussey threatened to "cut her throat and kill her" if she didn't take off her pants and stop screaming. The woman reported that she screamed hoping that her friends outside would hear her but they did not.
Tussey allegedly offered to pay the woman $1,000 or $2,000 if she would keep the assault to herself.
"The victim then stated the suspect made her promise not to tell anyone because he was already a sex offender and didn't want to go back to jail," the affidavit states.
The woman told investigators that she was in Tussey's home for about 30 minutes before being allowed to leave. After telling her friends what happened, they drove her to a local hospital where a sexual assault examination was performed and law enforcement was notified.
Tussey is being held in the Bowie County jail with bond set at $500,000. At the time of his arrest, Tussey was on parole in Arkansas for possession of methamphetamine stemming from a 2017 conviction in Miller County.
Tussey is facing two counts of aggravated sexual assault with a deadly weapon. Each count is punishable by five to 99 years or life in prison.