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Patton sentencing for manslaughter to resume Monday

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Patton sentencing for manslaughter to resume Monday
KAUFMAN COUNTY, Texas – After approximately two hours deliberating a sentence for 34-year-old Warren Ray Patton Jr., who was convicted for manslaughter in the 2012 head-on accident which killed off-duty Dallas County constable Guy Farley, the jury unanimously decided to cease deliberations until Monday morning, August 11, 2014.
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Yesterday, the jury, consisting of seven woman and five men, convicted Patton to one count of manslaughter and found him not guilty for intoxication manslaughter after deliberating for an hour and a half.

Today, the jury was presented with additional evidence and character witnesses in the sentencing hearing to determine the punishment for Patton which could include up to 20 years in prison and no less than two years. If the jury sentences Patton to less than 10 years, he would be eligible for probation, according to 422nd District Court Judge B. Michael Chitty who is presiding over the case.

Kaufman County District Attorney's Office Chief Prosecutor Marc Moffitt entered into evidence two disposed cases for Patton in Kaufman County – a 2001 misdemeanor for driving while intoxicated which Patton pled guilty to in 2002 and a conviction in a 2005 case for possession of marijuana.

The state called their first character witness in Jennifer Toal, Patton's ex-fiance and mother of his two children, to the witness stand who testified Patton smoked and sold marijuana between August 2010 and April 13, 2012, when they separated. Toal stated Patton carried a lunch box with his prescription pills, marijuana, and a gun everywhere he went. Toal also testified Patton and herself occasionally drove while intoxicated.

Patton is no stranger to the affects of driving while intoxicated. In 2002, Patton sustained injuries to his right hand which resulted in the loss of his pinky finger and a portion of his hand while riding as a passenger in a vehicle being driven by an intoxicated driver. Toal stated Patton resented the driver for driving while intoxicated which resulted in his injuries.

Toal and Patton have joint custody of the children. Approximately a month and a half ago, Toal filed a Child Protective Services (CPS) complaint against Patton. CPS ultimately ruled out the complaint and the joint custody remained, stated defense attorney Brandi Fernandez who also alleged the allegations were not true and were only made to better Toal's position for custody of the children and child support money.

The state introduced a photo of Patton taken by Toal which shows Patton at a Kaufman hospital after the accident, using a hand gesture, showing his injured foot from the accident, sticking out his tongue, and stating, “get it up with your feet up. Hospital pimpin at its finest.”

The state and defense called several other character witnesses. The state sought a maximum sentence of 20 years and the defense argued for less than 10 years so Patton would be eligible for probation.

Family members in the courtroom became tearful when Farley's aunt, Connie Farley, took the witness stand and began reminiscing about Guy Farley and his contagious laugh so many remembered as they nodded. Connie described Guy as witty and a truly good man and father.

“Guy meant the world to me, stated Richard Ivy, a life-long friend of Farley.

Kaufman County Precinct 2 Constable Jason Johnson stated, “Guy meant the world to the department.” Farley and Johnson worked at the Dallas County Precinct 4 Constable's Office together for 13 years. “[His death] shut us down, literally.”

Amber Farley, Guy's wife, told the jurors she has been “broken” without him. The state entered several photos into evidence including the last photo they had taken with him – Guy giving their daughter flowers on the night of his death at their daughter's dance recital in Crandall, Texas.

Fernandez presented an electronic communication exchange between Amber Farley and Patton which contained an apology from Patton and a statement of forgiveness from Amber Farley.

“I really hated him a lot,” stated Amber who said her choice to forgive Patton at the time was because she was faced with the decision to hate Patton and neglect her children or focus on loving and raising her children.

Eugene Green, Pastor at Lone Oak Community Church, stated Patton started coming to his church regularly two years ago. To his knowledge, he only missed two services in two years.

Terry Patton, Patton's mother, took the stand and described how Patton cares for the family since her husband left when Patton was approximately 21 years old. Patton's younger brother, Brandon, was involved in a stunt driving accident in 2008 which resulted in a traumatic brain injury and him being in a vegetative state. Terry stated Patton cares for Brandon.

“I don't know how I would survive without Ray,” she said. “It would affect everyone.”

Moffitt stated “We are here because of [Ray's] actions. The jury found him guilty.”

In closing arguments, Prosecutor Shelton Gibbs used Terry Patton's statement “I don't know how I would survive without Ray” and stated “You don't get to victimize and then play victim.”

“I laugh at 20 years,” stated Gibbs. “Patton gave Farley's father a life sentence, gave Kimber [Farley's daughter] a life sentence, gave his whole family a life sentence.”

Gibbs addressed the jury, “The [Farley] family is going to think back on this day and this moment and about the justice you have or have not given them.”

“20 years isn't going to bring Guy Farley back,” said Fernandez. “A 20 year sentence makes more children fatherless.”

Fernandez stated Patton is seeking a sentence less than 10 years so he could be considered for probation. “Sometimes good people make bad decisions.”

Moffitt closed by stating Patton is still able to see his family no matter what sentence is given, Farley's does not. “[Patton] knows what intoxication does, he knows what cars do, and he knows because he lost half his hand already and still drives intoxicated.”

“He didn't care until he got convicted and was facing prison time,” stated Moffitt. “No matter what you do to him, he's still gonna have a life.”

Because the trial remains in recess until after the sentencing, the state and defense were unable to provide comment.

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