Graham man accepts 30-year plea deal

Kevin Michael Hogue, of Graham, accepted a plea deal of 30 years in the Texas Department of Criminal Justice, Institutional Division, on a charge of tampering/fabricating physical evidence and 30 years on a felony charge of evading arrest/detention with a vehicle Tuesday, Feb. 4, at the 90th Judicial Court in Graham.

Hogue was placed on deferred adjudication community supervision Aug. 8, 2019, but on Nov. 7, 2019 was arrested and charged with three felony charges of aggravated assault on a public servant, evading arrest and detention with a vehicle and unauthorized use of a motor vehicle, according to a press release from the office of Young County District Attorney, Dee Peavy.

In the press release from Peavy, it said the new allegations against Hogue, along with other community supervision violations, led to the motion to adjudicate which was filed on Hogue. Peavy additionally filed a notice of enhancement alleging Hogue was previously convicted of two prior felonies which would allow her to enhance the punishment range on a tampering/fabricating physical evidence charge from a third-degree felony of 2 to 10 years in prison to that of a first-degree felony of 5 to 99 years in prison.

90th District Judge Steven Bristow conducted the motion to adjudicate hearing. Hogue pleaded true to all of the state’s adjudication allegation against him and Bristow found him guilty of tampering/fabricating physical evidence. Before proceeding to a punishment hearing, Hogue requested a recess in which he agreed to accept 30 years in TDCJ-ID on the tampering/fabricating physical evidence charge and 30 years on the newly indicted felony charge of evading arrest/detention with a vehicle. He also pleaded true to the enhancement allegations and pleaded true to the deadly weapon allegation within the evading arrest/detention charge.

Hogue must serve half of his prison time (15 years) without consideration of good conduct time in the evading arrest indictment before he is eligible for parole. He is eligible for parole after his time plus earned good conduct time equals 25% of his sentence on the tampering with evidence adjudication.

According to Peavy, the deadly weapon findings eliminate good credit awards in determining parole eligibility.  

For the full story, see the Saturday, Feb. 15 edition of The Graham Leader.