Jury sentences McGary to 20 years probation and a fine

A Tom Green County jury has sentenced Billy McGary to 10 years probation on each count of aggravated assault against a public servant and a $5,000 fine. 

Friday morning, the jury heard testimony to attest to the character of McGary. Some friends of McGary told jurors he was a hard-working man that had good morals and strong beliefs.

The victim gave an emotional testimony as she recounted the events after the night of the incident that she and her daughter went through.

“My daughter looked at Billy as a father figure. We had spent five years together. I had to be put on medication. I am distraught over him trying to hurt me or hurt me in front of my daughter,” the victim said in court.

The jury deliberated for five hours Thursday and came back with a guilty verdict for two counts of aggravated assault on a public servant. After another hours-long deliberation for the sentencing phase of the trial, the jury came back with the maximum allowed sentence for probation on these charges; 10 years probation and a $5,000 fine. The judge will set the terms of the probation.

 

ORIGINAL STORY:Jury selection began Monday morning for Billy Ray McGary who is facing two counts of aggravated assault against a public servant with a firearm.

The jury selection process in the trial was still underway at the Tom Green County Courthouse in the 340th District court Monday afternoon.

The charges stem from an incident on June 2, 2015, when Sgt. Andrew Alwine and Deputy Joey Rios, Tom Green County Sheriff’s Office, arrived McGary’s residence, 10517 Runion Road, and found McGary had barricaded himself inside the home after a domestic disturbance incident.

Before Alwine and Rios arrived other law enforcement already on scene informed them that McGary had fired his weapon.

Alwine and Rios worked to establish a perimeter in the dark. Once in their position, through night vision, they were able to see McGary 30 feet from their location, in possession of a long gun. The officers identified themselves as law enforcement and ordered McGary to drop his gun but McGary pointed the gun at them.

McGary was booked into the Tom Green County Jail the night of the incident. According to jail records, he has not been released.

Aggravated assault against a public servant is a first degree felony punishable by five to 99 years in confinement and a fine up to $10,000.