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Updated: 7:03 PM Mar 8, 2010
Defendant Sentenced in Renaissance Festival Assault
A Magnolia man originally charged with murder in Grimes County will end up spending only 100 days behind bars.
Posted: 6:56 PM Mar 8, 2010Reporter: Joe Brown Email Address: brown@kbtx.com |
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He started off charged with murder. In the end, he'll spend only 100 days behind bars.
That is the punishment handed down Friday to Magnolia resident Jonathan Damuth, 23, for his part in the 2004 murder of Brandon Smith at the Texas Renaissance Festival.
The sentencing ends more than five years of waiting for Damuth, his attorneys and prosecutors. During that time, Damuth has been out on bond, gotten married and had a child.
It all started with Smith being attacked and stabbed to death in the Renaissance Festival parking lot in October 2004. Smith was a Virginia sailor on leave who was visiting Grimes County. Damuth and Brent Nolan were arrested and charged with murder.
Prosecutors tried Nolan first in 2006 claiming he was the one who actually stabbed Smith. Nolan was convicted of murder and received a 55-year sentence.
Damuth's murder trial was scheduled for January 2008, but was postponed after his attorney suffered a death in his family. The case returned eight months later in September 2008, but was postponed by the judge.
Damuth's next trial date was set for January 2009, but was again postponed by the judge and set for April 2009. Three months later, Anderson suffered significant flooding so Damuth's trial was set aside for a fourth time.
In February 2010, Damuth struck a deal with prosecutors to plead guilty to a lesser charge of aggravated assault. Friday, he was sentenced by 12th District Court Judge Donald Kraemer to 100 days in jail, 10 years probation and a fine.
Judge Kraemer declined to comment on the sentencing. District Attorney Tuck McLain said, "I respect his decision, but we're disappointed."
Latest Comments
@ me location: texas Do YOU feel better after your nasty post? You are pretty judgemental yourself...take a look in the mirror, you are the one that has resorted to name calling. To start off your response "everyone is entitled to their own opinion" and "there is only one judge" you condemn those who have expressed their opinions and have judged others as cowards. Hypocrite.
Everyone is entitled to their own opinion. There was too much confusion that night. Only each person knew what he or she did that night. No one deserved to die. Smith will never be forgotten by friends or family. But most of all he won't be forgotten by Brent or Jonathan. How dare any of you judge anyone or say things you have no clue of that supposedly happened. Shame on anyone who said anything about his innocent wife and child. They had absolutely nothing to do with the case or that night. But I'm sure it made all you feel better after you left your nasty comments. There is only one judge and its definately none of you cowards. You should all be ashamed of yourselves for being nosey and judgemental and discussing innocent people. Shame on every single one of you
A defender of our country dies not in battle but at the hands of a couple of drunks. He dies, not injured dies. the person charged with the crime, walks! gets married has a kid, life in goes on for him, but not for Seaman Brandon Smith
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