2009-12-03

Guilt leads to tragic end

By Carol L. Smith

Gary Leon Dacus, a resident of Pipe Creek, apparently committed suicide the morning of Tuesday, Dec. 1, just prior to being sentenced by 216th Judicial District Judge Keith Williams in Bandera.

Dacus had originally been charged with aggravated sexual assault on Dec 27, 2006. According to Bandera County Sheriff’s Office Lt. Allen Tucker, Dacus was set for sentencing at 1:30 pm, Tuesday.

An emergency call had come in at approximately 8:30 am that morning, dispatching deputies and EMS personnel to Elm Pass Road and Betsy Drive, off Highway 173 North. Dacus appeared to have hung himself. He was pronounced dead by Precinct 3 Justice of the Peace Eino Zapata at 9:20 am.

According to Tucker, Dacus had previously admitted to his family that “he didn’t think he would make it in prison.”

Court records had indicated the defendant had previously pled guilty to indecency with a child. Additionally, several witnesses were scheduled to appear at the sentencing and offer testimony.

Citing violations of his client’s Third, Fourth and Fifth Constitutional Amendments, regarding lack of right to counsel and inadequate reading of the Miranda Rights, Dacus’ attorney had filed for motions to suppress oral statements made by his client on June 15, 2007.

However, personnel from the Kids Advocacy Place, a nonprofit organization in Kerrville dedicated to preventing child abuse, had submitted camera documentation that was ruled as relevant to the case on Sept.19, 2008, court records indicated.

According to court records, the 9-year-old girl and her mother had been visiting Dacus, the mother’s father-in-law, during Christmas 2006. After suspecting a sexual assault had occurred, the mother and her daughter left Dacus’ home. After leaving, the mother asked the child detailed questions, which caused her to determine that a sexual assault had occurred. The woman filed charges against Dacus immediately.