On July 23, Herman Brent Brooks, a Levelland man, went to trial before a Hockley County Jury for the felony offense of Tampering or Fabricating Physical Evidence with Intent to Impair its Availability.
The guilt, innocence portion of the trial was completed on the same day. The jury found Brooks guilty of the offense charged. Brooks elected that the court, Judge Pat Phelan, assess his punishment. The court scheduled the hearing on punishment for July 31. This hearing continued on August 1.
According to statute, ordinarily, Tampering or Fabricating Physical Evidence such as this case, is a third degree felony which has a punishment range of no less than two years nor more than 10 years in the institutional division of the Texas Department of Criminal Justice and a fine of not more than $10,000.
Due to the fact that Brooks has several prior serious felony convictions, he was subject to the provisions of Texas Penal Code §12.42(d) which provided a punishment range of life in prison or a sentence of no more than 99 years nor any less than 25 years in the institutional division of TDCJ and a fine of no more than $10,000.
After hearing the punishment evidence and argument of counsel, Judge Phelan sentenced Brooks to TDCJ for a term of 45 years and no fine.
Based on good time credit and other circumstances, Brooks may become eligible for parole after serving a portion of this sentence.
A press release provided by the district attorney’s office stated, “this district attorney’s office continues to follow its directive under the laws of the State of Texas to see that Justice is done. The DA’s Office is grateful for the continued diligent work of the Hockley County citizens who actively participate in our jury trial system. Justice could not be done without this participation.”