Saturday, August 15, 2009

Donald Ray Eubanks Charged with Sexual Assault

A Galveston jury returned Friday guilty verdicts against a League City man on charges that he sexually assaulted two young girls, a state prosecutor and defense attorney said.

Donald Ray Eubanks, 55, remains free on bond, pending the outcome of his sentencing hearing scheduled for 9:30 a.m. Monday in Judge Wayne J. Mallia’s 405th District Court in Galveston, prosecutor Paul Darrow said.

The jury found Eubanks guilty of two counts each of aggravated sexual assault, indecency with a child, possession of child pornography and sexual performance of a child, Darrow said.

The charges stem from acts that occurred in Eubank’s home in August and September 2006, according to court documents.

In closing arguments, Darrow told the jury League City police found 105 pictures on the computer.

Defense attorney Ned Barnett told the jury that Eubanks’ wife of 36 years didn’t think anything was going on inside the house and asked the jury to consider whether there was any reasonable doubt to the charges.

Darrow told jurors they should be angry that the acts occurred in their community.

“This is a chance to send a message that this is not acceptable in Galveston County,” Darrow said. “It’s also a chance to send a message to someone else ... that’s a child molester that hasn’t been caught yet.”

Because Eubanks committed the offenses in 2006 under different state penalty statutes, he is eligible for probation on all guilty verdicts, Darrow said.

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