On Thursday, May 18, 2023, in San Saba County, 424th District Judge Evan Stubbs sentenced Joseph Cox to 18 years in prison for the offense of Aggravated Kidnapping. This sentence was announced after a brief hearing that included testimony of five witnesses, including Mr. Cox who testified on his own behalf.
Cox, age 35, had been placed on ten years deferred adjudication probation in 2016 after pleading guilty to luring a fellow San Saba County resident, Asa Harbour, into a vehicle, driving him out to a rural part of the county, assaulting him and threatening to kill him. The State filed a motion to adjudicate Cox’s guilt on April 13, 2022, after he failed to report to his probation officer several times and continued to use illegal narcotics while on probation.
At an adjudication hearing, a court determines whether a defendant has violated the conditions of his probation; the defendant’s guilt is already established when he is granted probation. The hearing before the 424th District Judge was held on the morning of May 18, 2023. Assistant District Attorney Tanner Barnes presented the State’s case, with help from fellow Assistant District Attorneys Emily Sterling and Martin Strahan.
At the hearing, the State called San Saba County Sheriff David Jenkins and Brett Walker, who manages the high risk case load for the Burnet County Adult Probation Department. Sheriff Jenkins handled the original investigation into the case and testified to the evidence showing that Cox had been a party to assaulting the victim while he was held by Cox and others.
Cox gave testimony that conflicted with his 2016 plea, and admitted to using methamphetamine while on probation. After hearing Cox’s testimony, Judge Stubbs ordered him to take a drug test to determine if he would be positive for methamphetamine, but the Defendant refused to comply with that order.
Following the hearing, Assistant District Attorney Tanner Barnes said, “The sentence assessed by the Judge in this case was appropriate, and San Saba County is safer because of it. The Defendant never took ownership of the violent acts he committed, and didn’t take seriously the opportunities he was given on probation. I credit this result to the hard work of the San Saba County Sheriff’s Office and the Burnet County Adult Probation Department.”
District Attorney Sonny McAfee agreed with Barnes and added, “If a defendant is not going to take responsibility when given a second chance, he can expect to have his probation revoked, and go to prison. The choice is his.”