As a
columnist, sometimes inspiration is immediate.
For the most
part, it's fairly simple. You see an injustice — whether real,
imaginary or humorous in some dark, twisted sense — and you know
you have to write about it. And, the majority of the time, the sooner
you put pen to paper — seriously, how many people write without a
keyboard these days — the more vivid the story is portrayed.
In rare
instances, however, things simply don't go as planned. Either the
words won't flow like they normally do or the product — real or
perceived — isn't what you feel like it should be.
In those
times, a wise writer learns to take a step back, breath and let the
cool waters of time smooth the edges of the angst like a stone in a
river. Wow, that was pretty visual.
Such
is the case with the guilty plea and sentencing of Edgar Dale Whitt,
the 54-year-old Big Spring man who pleaded guilty to a single count
of prohibited sexual conduct after law enforcement discovered he had
fathered a child with his daughter.
Normally, in
a case where a man had victimized his daughter in such a horrific
way, her identity would be left out of the ensuing news stories.
However, because the daughter — 26-year-old Tamara Ruth Whitt —
was also arrested and faced charges as a result of the investigation,
the line between victim and accomplice became quickly blurred.
And, of
course, there's Tamara Whitt's three children, including a 7-year-old
boy who reported to police Tamara and Edgar Whitt had restrained him
— such a kind euphemism — using a straight jacket. The children,
who also include a 5-year-old and a 2-year-old, remain in the custody
of the Texas Department of Family and Protective Services at the time
of Edgar Whitt's plea, however, it's anyone's guess how long their
respite will last.
While local
and state news played out the obvious dark implications of Whitt's
plea — I suppose the promise of incest wasn't quite enough to get
Nancy Grace's attention this time — there's another story, one that
hasn't been told. One that will likely never be told.
That story
surrounds the video-taped confession of Edgar Whitt, where he laid
out for investigators what he had done, not just to his daughter, but
to the three children living in the house. While I have yet to see
this tape, I have been given first-hand accounts by those who have
and it's enough to turn your stomach.
While Whitt
would eventually cop to the single charge of prohibited sexual
conduct — that's a fancy way of saying incest — it's important to
note he was charged with two counts of abandoning/endangering a child
– criminal negligence when he was arrested. However, days later he
was charged with continuous sexual abuse of a child.
According to
law enforcement officials, Whitt openly confessed to sexually abusing
at least one of the children living in the home, not once, but
multiple instances over a course of time. Citing an open
investigation, the age of the child and the overall length of the
abuse were not released, however, a confession was given.
That
confession was strong enough to convince a Howard County grand jury
to indict Whitt on four counts of indecency with a child and two
counts of prohibited sexual conduct, all second-degree felonies. A
second-degree felony is punishable by a sentence of two to 20 years
in prison and the obligatory $10,000 fine.
Here's some
food for thought. Indecency with a child is what the courts call a 3G
— or aggravated — offense, which means two things. First, if the
sentence is handed down by a judge, he or she can not give the
defendant probation. Second, the defendant has to serve half his or
her sentence before they are even eligible for parole.
Now, we
fast-forward several months to Edgar Whitt's plea agreement.
Whitt
pleaded guilty to a single count of prohibited sexual conduct, a
second-degree felony, accepting a sentence of 10 years. In return,
the district attorney's office agreed to drop the other charges —
four counts of indecency with a child and a second count of
prohibited sexual conduct — and dismiss the pending charges of
endangering a child against his daughter, Tamara Whitt.
Because the
charge he pleaded to is not a 3G offense, Edgar Whitt is only
required to serve one-quarter of his sentence, which, once you figure
in the six months he spent in the county detention center awaiting
trial, looks like approximately two years. That means, in all
practicality, Whitt will be eligible for parole in two years.
Bear in
mind, that doesn't mean it will be granted, and as a citizen of
Texas, I personally hope they never let him out. Edgar Whitt is,
without a doubt, a predator and a monster. However, fiscal strains on
the state budget, prison overcrowding and the burdens his medical
care will surely place on the department of corrections would seem to
point in a different direction.
Having sat
down and spoke at length with Assistant District Attorney Robin Orr
regarding the plea agreement, I can tell you this: neither he nor
anyone else in his office arrived at it without a great deal of
thought and heart. And, as Orr will quickly point out, a bird in the
hand is still worth two in the bush.
And he's
right. I've seen juries do some absolutely crazy things. Had Whitt
gone to trial, there is a very real chance he could have walked out
of the courtroom a free man, no conviction, no requirement to
register as a sex offender. It was, without a doubt, a judgment call.
However,
more than a week since the plea has passed and I can't help but think
the agreement was wrong.
I think
about Whitt, sitting in his jail cell — and I know it probably
makes me a bad person, but I hope he's anything but comfortable —
marking off two years worth of days on his calendar until he can put
on his best smile and tell the parole board how he's given his life
to the Lord and changed his heart.
I think
about those three children — at last check, two were together in a
foster home and the third was being cared for by a state facility —
trying their best to live without looking over their shoulder,
wondering if their abusive life is going to swallow them whole again.
No matter
how hard I try, I can't seem to get those thoughts out of my head.
Would things have turned out better — and by better, I mean
25-to-life, never-breathing-free-air-again better — if the case had
gone to a jury? I don't know. No one knows. However, I can't stop
wishing someone had tried.
Maybe that's
just me being naïve. I'm a single father raising a daughter who will
soon be 13 years old, so, if you don't mind, cut me a bit of slack.
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