Update: Grimes County District Attorney says Judge Albert McCaig could not have sent Makofski to jail. Makofskit was to enter a plea of "true" or "not true," but the court could not accept a plea of "true" because Makofski was appointed an attorney yesterday afternoon.

At his hearing, Makofski is not entitled to a jury to determine the alleged violations. The decision of whether or not the district attorney proves he violated the conditions of his probation will rest solely with Judge McCaig.
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21 year old Charles Makofski remains free, even though he's accused of violating his probation.

The victim's family members are so upset about today's outcome.

Good Friday, four days from now, marks the three year anniversary of when a little girl told her parents what her uncle did to her.

Long time family friend, Randa Fox, said, "I can't tell you how nervous and that feeling in your stomach that we all felt, where we were trying to be cool, calm and collected."

Family and friends of the victim say their nightmare continues because 21 year-old Charles Makofski is not behind bars.
They believe the Grimes County District Attorney is right about him violating 12 conditions of his probation.
506th Judicial District Court Judge, Albert McCaig, sentenced Makofski to 90 days in jail and 10 years deferred adjudication for the aggravated sexual assault of his niece, who was seven at the time.

The little girl's mother, Jessica, couldn't make it inside the courtroom and had to be taken away by ambulance.

"She was holding it together, but she had to let it out," said Fox.

Cameras are not allowed inside while court is in session at the Grimes County Courthouse, but family and friends of Jessica and her husband Daniel say it was difficult sitting so close to Makofski and his parents.

Fox said, "We've just got to be able to speak up, find our voices and say no more, no more, not on our watch."

One of the alleged violations includes Makofksi being "friends" with a 6th grade girl on Facebook.

"I was expecting Judge McCaig to do exactly what he did and that was my worst fear," Fox added.

Makofski is still out on probation, a free man, but he's due back in this courtroom June fourth.