A Borger woman was convicted of burglary in district court on Tuesday.
On March 27, 2012, a Hutchinson County jury of eight men and four women convicted Cheryl Kathaleen Nixon, 40, of Borger, of burglary of a building. The burglar occurred on May 11, 2010, in a building off of 10th Street in Borger.
John Holland, the owner of the building, testified that on Tuesday morning around 10:30, he drove onto his property and saw a blue Oldsmobile parked behind one of his buildings. Holland told his wife to call the police and report the tag number, which she did.
Holland walked north toward another building when he saw a man leaning out of a broken window laying something on the ground. Holland saw two boxes containing wire on the ground outside the broken window and a compressor coil on the ground near an open door. All of the items were taken from inside Hollandâ€™s building.
When Nixon saw Holland, she and the man, identified later as Theodaro Ramon, Jr., approached Holland where they denied being in his building or taking any items. Nixon and Ramon drove off in the blue Oldsmobile, which was stopped by police a few blocks from the scene. Inside the car, police found a screwdriver, wire cutters, two pairs of gloves, and a crescent wrench and small flashlight in Ramonâ€™s jacket. These items were believed to be tools of the crime.
After the evidence was presented, the jury deliberated for an hour before finding Nixon guilty. Prior to trial, Nixon requested that visiting 316th District Judge David Gleason assess punishment instead of the jury. The punishment range for Burglary of a Building is between six months and 24 months in a state jail.
During the punishment portion of the trial, District Attorney Mark W. Snider presented evidence that Nixon had previously been convicted of two felonies and one misdemeanor theft charge. Nixonâ€™s mother testified on her behalf.
After hearing closing arguments from Snider and Defense Attorney Amanda Harris, Judge Gleason sentenced Nixon to 16 months confinement in a Texas Department of Criminal Justice State Jail Facility. Nixon will not be eligible for parole and will serve the entire sentence.
Nixonâ€™s co-defendant Theodaro Ramon, Jr., was also indicted by a Hutchinson Grand Jury for the burglary. However, he passed away in December of last year.
District attorney Snider said he is very pleased with the juryâ€™s verdict. He also praised the victim John Holland, not only for his compelling testimony but also his prompt actions on the morning of the crime.