Trial in plot to kill Montgomery County officer begins
Feb. 12, 2008, 10:23PM
Jail inmate held grudge against narcotics officer, prosecutor says
By RENÉE C. LEE
Copyright 2008 Houston Chronicle
CONROE — A plan to kill a Montgomery County sheriff's deputy was hatched inside the county jail by an inmate with a grudge against the narcotics officer, a prosecutor said Tuesday during opening statements of a conspiracy to commit capital murder trial.
Joshua Aaron Kennedy wanted Lt. Philip Cash dead because he felt the deputy was disrespectful and had harassed Kennedy and his family by keeping him under surveillance, Montgomery County prosecutor Frances Madden said.
Kennedy, of New Caney, and his co-defendants Cole Younger Patton, of Porter, and Billy Jack Pelton, of Pearland, are on trial in the 359th state District Court. They are charged with conspiracy to commit capital murder. Kennedy has an additional charge of criminal solicitation of capital murder.
Kennedy's cousin, Rose Ann Bond, of New Caney, also is charged with conspiracy to commit capital murder. She pleaded guilty before the trial and will testify against the other defendants.
The charges are capital because the alleged acts were against a police officer.
Defense attorney Brent Dornburg, who represents Pelton and attorney Darin Ray, representing Patton, reserved their right to give opening statements until later in the trial.
Kennedy's attorney Jose Mata said his client was a victim of entrapment by another inmate turned witness.
Madden told jurors the evidence will show that in May 2007, Kennedy organized the plot from his jail cell and solicited Pelton, Patton and Bond, who were on the outside, to locate Cash's vehicle and place a bomb under it.
Authorities learned of the plot on March 20 from another inmate, who was going to help with the plan but backed out, Madden told jurors. The FBI Joint Terrorism Task Force and the Bureau of Alcohol Tobacco and Firearms joined the case.
The inmate agreed to wear a wire, giving investigators nearly eight hours of taped conversation with Kennedy discussing the plan. Investigators also have videotape of Bond buying materials to make a bomb, she said.
On June 5, a grand jury indicted Kennedy, Patton, Pelton and Bond.
Prosecutors said the plot involved building two bombs and buying two cell phones with tracking devices. A phone with a tracking device would be placed under the vehicle and the other phone would be used to track the vehicle. One of the defendants would place a bomb under the gas tank and tie the other bomb to the crankshaft, so when Cash started the ignition, the car would ''blow up with him in it," Madden said.
If convicted, the defendants could face life or five to 99 years and a $10,000 fine.
