THE STATE OF TEXAS V. DAVID CARY CAUSE #O(PCQ-~/,,-\ \-\D

PHYSICAL DESCRIPTION: Race W Sex: M DOB: 06/2011955 I eight: 6'02" Weight: 240

Count One - Engaging in Organized Criminal Activity - Bribery

CODE SECTION: TEXAS PENAL CODE § 71.02(a)

DEGREE OF FELONY: FIRST OFFENSE CODE 73991005 B ND _

Count Two - Bribery

CODE SECTION: TEXAS PENAL CODE § 36.02

DEGREE OF FELONY: SECOND OFFENSE CODE 51990018 BOND _

Count Three - Bribery

CODE SECTION: TEXAS PENAL CODE § 36.02

DEGREE OF FELONY: SECOND OFFENSE CODE 51990018 BOND _

Count Four - Bribery

CODE SECTION: TEXAS PENAL CODE § 36.02

DEGREE OF FELONY: SECOND OFFENSE CODE 51990018 BOIND _

Count Five - Bribery

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Count Seven - Bribery

CODE SECTION: TEXAS PENAL CODE § 36.02

DEGREE OF FELONY: SECOND OFFENSE CODE 51990018 B

Companion Cases: Stacy Stine Cary, James Stephen Spencer, Suzanne . Wooten

IN THE __ JUDICIAL DISTRICT COURT OF COLLIN COUNTy!, TEXAS

IGRAND JURY INDICTMENT

IN THE NAME AND BY THE AUTHORITY OF THE STATE F TEXAS:

THE GRAND JURY, for the County of COLLIN, State JTexas, duly organized,

impaneled, and sworn as such at the July Term, AD. 2010, .t40lst 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

intent to establish, maintain, and participate in a combination nd in the profits of a

combination of three or more persons, namely himself, his wife S~tacyStine Cary, James. IStephen Spencer, and Suzanne H. Wooten, did cornmit and conspire to commit the felony

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offense of BRIBERY, a crime under Section 36.02 of the Texas Penal Code, as follows:

DEFENDANT, following a series of meetings and communications between DEFENDANT

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

conducted in Collin County:

Date of Checkor Wire Transfer Date of DepositJanuary 4, 2008 January 4,2008

January 30, 2008 February 4, 2008

February 14,2008 February 15,2008

February 26,2008 February 26, 2008

March 7, 2008 March 7, 2008

March 14, 2008 March 14,2008

Amount of Check$50, 00.00

$25,(~00.00

$25,fj00.00

$25,000.00

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with the use of said funds benefitting Suzanne H. Wooten, as consideration for Suzanne H.

Wooten's decision, opinion, recommendation, vote, or other exercise of discretion as a public

servant, and as consideration for Suzanne H. Wooten's decision, vo:c, recommendation, and

other exercise of official discretion in a judicial proceeding, to wit: proceeding with a

campaign to unseat the incumbent elected judge of the 380th Judidial District Court; filing

paperwork to run for judge and filing campaign finance reports; an Ilater 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 whicl 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 term that:

COUNT TWO

DAVIDCARY

hereinafter styled DEFENDANT, on or about January 4, 2008, andbe [orepresentment of this

15 of the Election Code or expenditures made and reported in accordance with Chapter 305

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

of the Govemment Code, namely a $50,000 wire transfer from Staoy Stine Cary to James

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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

exercise of discretion as a public servant, and as consideration for Suzanne H. Wooten's

decision, vote, recommendation, and other exercise of official discretion in a 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 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 THREEDAVIDCARY

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

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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.

Wooten, as consideration for Suzanne H. Wooten's decision, opinio ,recommendation, vote,

or other exercise of discretion as a public servant, and as consideration for Suzanne H.

Wooten's decision, vote, recommendation, and other exercise 0 . official discretion in a

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:

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COUNT FOUR

DAVIDCARY

hereinafter styled DEFENDANT, on or about February 14, 2008, a id before presentment of

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.

Wooten, as consideration for Suzanne H. Wooten's decision, opinion recommendation, vote,

or other exercise of discretion as a public servant, and as consideration for Suzanne H.

Wooten's decision, vote, recommendation, and other exercise of official discretion in a

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

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to pending cases;

and the Grand Jury further presents in and to said Court at said term that:

COUNT FIVE

DAVIDCARY

hereinafter styled DEFENDANT, on or about February 26,2008, ai d before presentment of

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

consideration for Suzanne H. Wooten's decision, opinion, reco,ndation, vote, or other

exercise of discretion as a public servant, and as consideration fO'[Suzanne H. Wooten's

decision, vote, recommendation, and other exercise of official II iscretion in a judicial

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proceeding, to wit: proceeding with a campaign to unseat the incumli ent 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 Court, including presiding

over and issuing favorable rulings in cases pending in the 380thudicial District Court, a

COUNT SIX

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:

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

consideration for Suzanne H. Wooten's decision, opinion, recommendation, vote, or other

.9

exercise of discretion as a public servant, and as consideration DDrSuzanne H. Wooten's

decision, vote, recommendation, and other exercise of official discretion in a judicial

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;

DAVIDCARY

and the Grand Jury further presents in and to said Court at said ten that:

COUNT SEVEN

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

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for Suzanne H. Wooten's campaign for nomination and election to t .eoffice of Judge ofthe

380th Judicial District Court of Collin County, in the 2008 prim

1

ary and general election

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

exercise of discretion as a public servant, and as consideration f(1r Suzanne H. Wooten's

decision, vote, recommendation, and other exercise of official discretion in a judicial

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;

AGAINST THE PEACE AND DIGNITY OF THE STATE.

FOREMAN OF THE GRAND JURY

Witnesses:

Glenda Anderson

James P. Bailey

Kyle Basinger r::- 1; f:.- :;

i.:!· •.:.¥I:!i.:-;;..:}

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;"(I! (I ;,! .. ! " " :: .. r >:,'~~

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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