Polk County Criminal
District Attorney's Office
Press Release
October 15, 2009
Two young Polk County criminals
received stiff prison sentences in district court yesterday for robberies
committed early in 2009. Nathaniel Jamon
Whitaker (19) and Mashaw Rashad Tucker (18) were sentenced to 25 and 10 years
respectively. Each will be eligible for
parole after serving one-half of the sentence.
In January and February of this
year a rash of robberies were reported to the Livingston Police
Department. In these cases the victims
were all young males who were approached by the defendants and others in public
places. They were threatened, assaulted
and then robbed. In one case the victim
was struck repeatedly by the two defendants with what appeared to be baseball
bats.
The police department's
investigation identified Whitaker and Tucker as two of the assailants. A third participant has now been identified
and is expected to be arrested shortly.
Both Whitaker and Tucker have extensive histories with juvenile authorities. Both were placed on probation for multiple
burglaries in recent years and both violated those probations repeatedly and
were eventually committed to the Texas Youth Commission (reform school) for
approximately one year. Both had serious
episodes of violence at the Livingston Public Schools including threats and
actual violence against school officials and other students. In fact, Whitaker's commitment to the youth
commission was for an attack on a teacher's aide.
Tucker pled guilty to the charges
and requested his sentence be determined by a district judge. Whitaker pled not guilty but was found guilty
by a jury on September 9, 2009. Both
cases were set for a punishment hearing on October 14, 2009.
The defendants' former juvenile
probation officer testified concerning repeated attempts that were made to
assist the young men to modify their behavior and their eventual failure to
conform to the terms of juvenile probation.
Testimony was also received
concerning an incident in October, 2005 during
which Mashaw Tucker became angry at a teacher, cursing him and
threatening him. Tucker then punched a hole in the wall near the teacher's
head. This behavior resulted in Tucker being sent to the youth commission. The
next day Whitaker threatened another teacher, saying "I'll knock a hole in your
head like Mashaw did."
In April, 2006 a teacher's aide
was in the process of trying to recover a bag of marijuana from a student who
was attempting to swallow it. Whitaker
pushed her against a wall and grabbed her hand bending her thumb in a manner
that caused severe pain. Whitaker said
he was merely trying to reach his friend in order to pat him on the back so he
would not choke. He had no explanation
for why it was necessary to bend the aide's thumb. Following a jury trial in May, 2006 Whitaker
joined his friend at the youth commission.
The teacher's aide also testified
that Whitaker was a constant behavior problem, continuously disrespectful,
fighting with other students and often bullying others, taking their property
and money. Marty Drake and Chad Lilly,
Livingston Police Department school resource officers at Livingston Junior High
and Livingston High respectively, testified concerning the defendants' behavior
at those schools.
A Polk County adult probation
officer testified that she had supervised Whitaker on a possession of marijuana
charge from July, 2008 out of Nacogdoches County. Whitaker has committed numerous and repeated
violations and is facing a motion to revoke that probation.
Whitaker took the stand in his
defense and admitted he was present for two of the robberies but denied any
involvement. He admitted that he has
behavior problems due to his attention deficit and bipolar disorders. He does not take his medication because it
causes him to lose appetite and weight.
On cross examination by assistant district attorney Joe Martin, Whitaker
was presented with two letters he had written while in jail. In each letter he blamed the conduct on
Tucker and said he and the third individual were forced to participate by
him. Whitaker said that Tucker was a
member of the criminal street gang, Gangsta Disciples, and had told them that
he had killed two people. Whitaker also
told of certain "G.D." tattoos that he said Tucker had on his chest. Whitaker did not explain why a person like
himself, with such a history of violent behavior could be so easily intimidated
by a lifelong friend. He also did not
explain why the victims had identified him as one of their attackers.
Whitaker's grandmother and
caretaker, Carrie Carter, testified in his behalf. She stated she had raised him since he was
abandoned by his parents at an early age.
She did not believe he was capable of robbery. She specifically said she did not believe
that he had committed the attack against the teacher's aide or many of the
other things that he was accused of.
Under cross examination she related an incident while Whitaker was out
on bond when $2,000 of her social security savings disappeared from her house
while Whitaker was there.
Tucker did not testify but his
sister, Tabitha Tucker told the court that she had raised him since age 11 when
their mother went to prison. She was 17
at the time. The mother is now in prison for capital murder. Their father has never been involved in their
life. Ms. Tucker made no excuses for his
conduct but said she believed she could handle Tucker if he were given
probation. However, she acknowledged she
had not been able to prevent him from violating his probation while a
juvenile. She also stated that Tucker
did have the tattoos on his chest, but did not believe he was a member of the
Gangsta Disciples. She pled with the
judge stating that "he is all that me and my three sons have."
Assistant District Attorney Joe
Martin expressed satisfaction with the sentences, stating, "My firm belief is
that if these young men had not been taken off the streets their violence would
have escalated to the point that we would have ended up with a death or a
serious injury. Further, their behavior,
if not dealt with severely, encourages others to do the same. Simply put, we
want the message sent that we will not tolerate this kind of violence in our
community. The best way for that message
to get out is tough sentences like those handed down in these cases."