He was indicted on charges of sexual assault of a child and indecency with a child in March, accused of having a sexual relationship with a 14-year-old boy, when he was 18. The boy was not legally of age to consent to having sex. Both original charges are second-degree felonies and carry penalties of two to 20 years in prison and fines of up to $10,000 each.

If he had been convicted on the sex charges, he would have been mandated to register as a sex offender. The injury to a child charge does not require that Evans’ name be added to the sex offender list.

Judge Lee Gabriel, who presides over the 367th District Court, is Evans’ mother. She declined comment.

Because of that relationship, District Attorney Paul Johnson recused himself from the case to avoid any possibility of a conflict of interest, as did 362nd District Judge Bruce McFarling. McFarling asked a regional administrative judge to appoint a visiting judge, who appointed Wichita Falls lawyer Ron Poole as special prosecutor in the case.

Texas law states that if a teen who is at least three years older than a teen under the age of 17 has a consensual sexual relationship with the younger teen, the older teen can be charged with sexual assault. Evans’ attorney, Rick Hagen, said that his client is three years and 12 days older than the other boy.

Hagen responded to a request for comment with the following written statement:

“This case involves two high school students who engaged in a consensual dating relationship. The media has chosen to report this event because one of the parents of the young men involved is a public figure. Cases involving the conduct of public figures are worthy of attention. Cases involving the conduct of their children and family members are not. I have personal knowledge of other situations where family members of public figures have been arrested and the media did not report it. Media coverage of these incidents discourages qualified individuals from seeking positions of authority and serves no purpose. On numerous occasions the media reports an arrest and fails to report the disposition. To say that because this case was reported before requires further attention is inconsistent with the coverage of other cases. The efforts of the officials involved to avoid the appearance of special treatment resulted in this young man being punished more severely than those similarly situated. Officials typically do not prosecute cases involving consenting high school students or those cases are reduced to misdemeanors.”

The boy’s parents contacted the Texas Rangers when they found out about the relationship, and a Collin County-based Ranger not associated with Denton County handled the case.

The Denton Record-Chronicle does not identify sexual assault victims.

Evans was a Sanger High School student at the time the allegations came to light in late 2007. Evans graduated in May from Sanger High School. Sanger Superintendent Jack Biggerstaff said when Evans was indicted in March he was placed in the District Alternative Education Program. He remained there until graduation.

DONNA FIELDER can be reached at 940-566-6885. Her e-mail address is This e-mail address is being protected from spambots. You need JavaScript enabled to view it

 



The story first broke:


Denton County judge's son, 18, indicted in sexual assault

08:45 PM CDT on Friday, March 28, 2008

From staff reports

A grand jury on Thursday indicted Robert Wyatt Evans, 18, of Sanger on a charge of sexual assault and a charge of indecency with a child. Mr. Evans, the son of state District Judge Lee Gabriel, is accused of having a sexual relationship with a 14-year-old boy.

Texas law states that if a teenager who is at least three years older than a child under the age of 17 has a sexual relationship with the younger teen, the older teen can be charged with sexual assault even if the two parties said the sex was consensual. Mr. Evans' attorney has said his client is three years and 12 days older than the boy.

Mr. Evans was an all-state band member ranked eighth academically in a class of 131 at Sanger High School at the time the allegations came to light in late 2007. He enrolled in a private school after the case began.

Both charges are second-degree felonies and carry penalties of two to 20 years in prison and a fine of up to $10,000.

Donna Fielder, Denton Record-Chronicle

 Court Disposition:

In the 362nd Judicial District Court
Denton County, Texas
Cause No. F-2008-0988-D

Defendant
Evans, Robert Wyatt

Defense Attorneys
Hagen, H. F (Bar # 08687250)
Case Filed on 05/16/2008
10/06/07-INJURY CHILD/ELDERLY/DISABLE W/INT BODILY INJ
3rd Degree Felony
Current Status: Disposed/CSCD

Disposition Information
05/21/2008 - Nolo Contendere/order Of Deferred Intensive Probation
Presiding Judge: TOWERY, ROGER E.
Probation: 5 Years

Events and Orders of the Court
05/16/2008
LETTER
TO RICK HAGEN FROM RON POOLE OFFICE
05/16/2008 INFORMATION
05/19/2008 ORDER
OF VOLUNTART RECUSAL
05/20/2008 AMENDED INFORMATION
FIRST
05/21/2008 TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL
05/21/2008 NOLO CONTENDERE
PLEA MEMORANDUM
05/21/2008 ORDER
IMPOSING CONDITIONS OF COMMUNITY SUPERVISION

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