THE STATE OF TEXAS V.

DAVID CARY
PHYSICAL DESCRIPTION: Race W Sex:

CAUSE

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M DOB: 06/2011955

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eight: 6'02" Weight: 240

Count One - Engaging in Organized Criminal Activity - Bribery CODE SECTION: TEXAS PENAL CODE § 71.02(a) OFFENSE CODE 73991005 B ND _

DEGREE OF FELONY: FIRST Count Two - Bribery CODE SECTION:

TEXAS PENAL CODE § 36.02 OFFENSE CODE 51990018 BOND _

DEGREE OF FELONY: SECOND Count Three - Bribery CODE SECTION:

TEXAS PENAL CODE § 36.02 OFFENSE CODE 51990018 BOND _

DEGREE OF FELONY: SECOND Count Four - Bribery CODE SECTION:

TEXAS PENAL CODE § 36.02 OFFENSE CODE 51990018 BOIND _

DEGREE OF FELONY: SECOND Count Five - Bribery

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Count Seven - Bribery CODE SECTION: TEXAS PENAL CODE § 36.02 OFFENSE CODE 51990018 B

DEGREE OF FELONY: SECOND

Companion Cases: Stacy Stine Cary, James Stephen Spencer, Suzanne . Wooten

IN THE __

JUDICIAL DISTRICT COURT OF COLLIN COUNTy!, TEXAS

GRAND JURY INDICTMENT
IN THE NAME AND BY THE AUTHORITY OF THE STATE THE GRAND JURY, for the County of COLLIN, State impaneled, and sworn as such at the July Term, AD. 2010,

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F TEXAS: Texas, duly organized, 40lst JudicialDistrict

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Court for said County, upon their oaths present in and to said Cou .t at said term that:

COUNT ONE DAVIDCARY
hereinafter styled DEFENDANT, on or about and between Septem er 19, 2007 and October
20,2009,

and before presentment ofthis indictment, in the County and State aforesaid, with nd in the profits of a

intent to establish, maintain, and participate in a combination

combination of three or more persons, namely himself, his wife S~tacyStine Cary, James

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Stephen Spencer, and Suzanne H. Wooten, did cornmit and conspire to commit the felony

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offense of BRIBERY, a crime under Section 36.02 of the Texas Penal Code, as follows: DEFENDANT, following a series of meetings and communications between DEFENDANT and James Stephen Spencer and Stacy Stine Cary that began on or about September 19,2007, did intentionally and knowingly offer, confer, and agree to confer on another a benefit, which was not a political contribution as defined by Title 15 of the Electii n Code or expenditures made and reported in accordance with Chapter 305 of the Government Code, namely one or more or all of the following payments, made through checks signed by Stacy Stine Cary and wire transfers authorized by Stacy Stine Cary and directed and
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ade payable to James

Stephen Spencer, who at the time of the payments was serving as campaign manager for Suzanne H. Wooten's campaign for nomination and election to the office of Judge of the 380th Judicial District Court of Collin County, in the 2008 primal conducted in Collin County: Date of Check or Wire Transfer January 4, 2008 January 30, 2008 February 14,2008 February 26,2008 March 7, 2008 March 14, 2008 and general election

Date of Deposit January 4,2008 February 4, 2008 February 15,2008 February 26, 2008 March 7, 2008 March 14,2008

Amount of Check $50, 00.00 $25,(~ 00.00 $25,fj00.00 $25,000.00

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with the use of said funds benefitting Wooten's

Suzanne H. Wooten, as consideration

for Suzanne H.

decision, opinion, recommendation,

vote, or other exercise of discretion as a public decision, vo:c, recommendation, to wit: proceeding and

servant, and as consideration other exercise

for Suzanne H. Wooten's in a judicial

of official discretion

proceeding,

with a

campaign to unseat the incumbent

elected judge of the 380th Judidial District Court; filing

paperwork to run for judge and filing campaign finance reports; an later presiding as judge
of the 380th Judicial District Court, including presiding over and issuing favorable rulings and his

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in cases pending in the 3 80th Judicial District Court, a court in whicl DEFENDANT wife Stacy Stine Cary were parties to pending cases;

and the Grand Jury further presents in and to said Court at said term that:

COUNT TWO DAVIDCARY
hereinafter styled DEFENDANT, indictment, on or about January 4, 2008, andbe [ore presentment and of this

in the County and State aforesaid, did intentionally

iowingly offer, confer,

and agree to confer on another benefits, other than political contribut ons as defined by Title 15 of the Election Code or expenditures of the Govemment made and reported in accordance with Chapter 305

Code, namely a $50,000 wire transfer from Staoy Stine Cary to James

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Stephen Spencer, who was at the time of the payment serving as campaign manager for Suzanne H. Wooten's campaign for nomination and election to the office of Judge of the 380th Judicial District Court of Collin County, in the 2008 primary and general election conducted in Collin County, with the use of said funds benefitting Suzanne H. Wooten, as consideration for Suzanne H. Wooten's decision, opinion, recom endation, vote, or other

exercise of discretion as a public servant, and as consideration for Suzanne H. Wooten's decision, vote, recommendation, and other exercise of official discretion in a judicial

proceeding, to wit: proceeding with a campaign to unseat the incumbent elected judge of the 380th Judicial District Court; filing paperwork to run for judge and filing campaign finance reports; and later presiding as judge of the 380th Judicial District Court, including presiding over and issuing favorable rulings in cases pending in the 380th Aldicial District Court, a court in which DEFENDANT and his wife Stacy Stine Cary were arties to pending cases;

and the Grand Jury further presents in and to said Court at said terrn that:

COUNT THREE
DAVIDCARY
hereinafter styled DEFENDANT, on or about January 30, 2008, and before presentment of this indictment, in the County and State aforesaid, did intentionallj and knowingly offer, confer, and agree to confer on another benefits, other than political oontributions as defined 5

by Title 15 of the Election Code or expenditures made and rep rted in accordance with Chapter 305 of the Government Code, namely a $25,000 check frbm Stacy Stine Cary and payable to James Stephen Spencer, who at the time of the payment was serving as campaign manager for Suzanne H. Wooten's campaign for nomination and election to the office of Judge of the 380th Judicial District Court of Collin County, in the 2008 primary and general election conducted in Collin County, with the use of said funds benefitting Suzanne H. Wooten, as consideration for Suzanne H. Wooten's decision, opinio ,recommendation, vote, or other exercise of discretion as a public servant, and as consideration Wooten's decision, vote, recommendation, and other exercise
0 . official

for Suzanne H. discretion in a

judicial proceeding, to wit: proceeding with a campaign to unseat the incumbent elected judge of the 380th Judicial District Court; filing paperwork to run for judge and filing campaign finance reports; and later presiding as judge of the 380t Judicial District Court, including presiding over and issuing favorable rulings in cases pending in the 380th Judicial District Court, a court in which DEFENDANT and his wife Stacy Stine Cary were parties to pending cases;

and the Grand Jury further presents in and to said Court at said tern that:

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COUNT FOUR
DAVIDCARY
hereinafter styled DEFENDANT, on or about February 14, 2008, a id before presentment of this indictment, in the County and State aforesaid, did intentionally and knowingly offer, confer, and agree to confer on another benefits, other than political contributions as defined by Title 15 of the Election Code or expenditures made and repo ed in accordance with Chapter 305 of the Government Code, namely a $25,000 check fr m Stacy Stine Cary and payable to James Stephen Spencer, who at the time of the payment was serving as campaign manager for Suzanne H. Wooten's campaign for nomination and election to the office of Judge of the 380th Judicial District Court of Collin County, in the 2 08 primary and general election conducted in Collin County, with the use of said funds enefitting Suzanne H.

Wooten, as consideration for Suzanne H. Wooten's decision, opinion recommendation, vote, or other exercise of discretion as a public servant, and as consideration for Suzanne H. Wooten's decision, vote, recommendation, and other exercise of official discretion in a judicial proceeding, to wit: proceeding with a campaign to unsea1 the incumbent elected judge of the 380th Judicial District Court; filing paperwork to run for judge and filing campaign finance reports; and later presiding as judge of the 380th Judicial District Court, including presiding over and issuing favorable rulings in cases pendi g in the 380th Judicial District Court, a court in which DEFENDANT and his wife Stacy Stine Cary were parties

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to pending cases;

and the Grand Jury further presents in and to said Court at said term that:

COUNT FIVE DAVIDCARY
hereinafter styled DEFENDANT, on or about February 26,2008, ai d before presentment of

this indictment, in the County and State aforesaid, did intentionally and knowingly offer, confer, and agree to confer on another benefits, other than political contributions as defined by Title 15 of the Election Code or expenditures made and reported in accordance with

Chapter 305 of the Government Code, namely a $25, 000 wire trans

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from Stacy Stine Cary

to James Stephen Spencer, who was at the time of the payment servijg as campaign manager for SuzanneH. Wooten's campaign fornomination and election to je office ofJudge of the
380th Judicial District Court of Collin County, in the 2008 primary and general election conducted in Collin County, with the use of said funds benefitting Suzanne H. Wooten, as

consideration for Suzanne H. Wooten's decision, opinion, reco,ndation,

vote, or other

exercise of discretion as a public servant, and as consideration fO'[Suzanne H. Wooten's
decision, vote, recommendation, and other exercise of official
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iscretion in a judicial

proceeding, to wit: proceeding with a campaign to unseat the incumli ent elected judge of the

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380th Judicial District Court'; filing paperwork to run for judge an filing campaign finance reports; and later presiding as judge of the 380th Judicial District Court, including presiding over and issuing favorable rulings in cases pending in the 380thudicial District Court, a

court in which DEFENDANT and his wife Stacy Stine Cary were ..arties to pending cases;

and the Grand Jury further presents in and to said Court at said te m that:

COUNT SIX DAVIDCARY
hereinafter styled DEFENDANT, on or about March 7,2008, and before presentment ofthis indictment, in the County and State aforesaid, did intentionally and knowingly offer, confer, and agree to confer on another benefits, other than political contributions as defined byTitle 15 of the Election Code or expenditures made and reported in accordance with Chapter 305 of the Government Code, namely a $10,000 wire transfer from Stacy Stine Cary to James Stephen Spencer, who was at the time of the payment serving as campaign manager for Suzanne H. Wooten's campaign for nomination and election to th office of Judge of the 380th Judicial District Court of Collin County, in the 2008 primary and general election conducted in Collin County, with the use of said funds benefitting Suzanne H. Wooten, as consideration for Suzanne H. Wooten's decision, opinion, recommendation, vote, or other

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exercise of discretion as a public servant, and as consideration DDrSuzanne H. Wooten's decision, vote, recommendation, and other exercise of official discretion in a judicial proceeding, to wit: proceeding with a campaign to unseat the incur bent elected judge of the 380th Judicial District Court; filing paperwork to run for judge an filing campaign finance reports; and later presiding as judge of the 380th Judicial District Curt, including presiding over and issuing favorable rulings in eases pending in the 380th rdicial District Court, a

court in which DEFENDANT and his wife Stacy Stine Cary were ]Dartiesto pending cases;

and the Grand Jury further presents in and to said Court at said ten that:

COUNT SEVEN
DAVIDCARY
hereinafter styled DEFENDANT, on or about March 14, 2008, and before presentment of this indictment, in the County and State aforesaid, did intentional and knowingly offer,

confer, and agree to confer on another benefits, other than political [ontributions as defined
by Title 15 of the Election Code or expenditures made and repo Ited in accordance with

Chapter 305 ofthe Government Code, namely a $15,000 wire transfer from Stacy Stine Cary to James Stephen Spencer, who was at the time of the payment servil as campaign manager

for Suzanne H. Wooten's campaign for nomination and election to t .e office of Judge ofthe

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380th Judicial District Court of Collin County, in the 2008 prim ary and general election conducted in Collin County, with the use of said funds benefittin@1 Suzanne H. Wooten, as consideration for Suzanne H. Wooten's decision, opinion, recom hendation, vote, or other exercise of discretion as a public servant, and as consideration decision, vote, recommendation, f(1 Suzanne H. Wooten's r
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and other exercise of official discretion in a judicial

proceeding, to wit: proceeding with a campaign to unseat the incumbent elected judge ofthe 380th Judicial District Court; filing paperwork to run for judge and filing campaign finance reports; and later presiding as judge of the 380th Judicial District Court, including presiding over and issuing favorable rulings in cases pending in the 380th Judicial District Court, a court in which DEFENDANT and his wife Stacy Stine Cary were arties to pending cases;

AGAINST THE PEACE AND DIGNITY OF THE STATE.

FOREMAN OF THE GRAND JURY

Witnesses: Glenda Anderson James P. Bailey Kyle Basinger

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John Beasley Alma Benavides Charity Borserine Amy Cabala Karen Callihan David Cary Stacy Stine Cary Alexis Katz Caughey George Henry Clements Gavin Cone Darlina Crowder Daniel Dodd Michael Finley Kersten Alexander Hayes William D. Johnson Wendy Lee Kelly Paul Dennis Key David Marion Kleckner Tim Lambert Brian Loughmiller James Mosser Kimberlee Perkins Michael Puhl James Stephen Spencer Kyle Swihart Edward Lawson Valentine N Karl Voightsberger

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