Boerne Chili's Suspect Sentenced

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Man Responsible for Robbery at Boerne Chili’s Sentenced

Boerne, Texas – On July 10, 2020 Samuel McDonald plead guilty to Burglary of a Habitation and Robbery. Both offenses are 2nd Degree felonies, coupled with a prior trip to prison for felony assault and felony escape in Washington State, resulting in a punishment range of 5 – 99 years or life in prison and/or a fine up to $10,000. The State agreed to waive a jury trial and have Judge Kirsten Cohoon decide punishment after a presentence investigation by Adult Probation, and a sentencing hearing before the judge. The sentencing hearing took place on October 22, 2020. The State of Texas was represented by Erica Matlock and Nicole Bishop, and the defendant was represented by Chris Griffith.

Cause # 6986 – October 3, 2018 5:20 p.m. – Burglary of a Habitation – Samuel McDonald broke into the home of an elderly Boerne resident with the intent to commit theft. McDonald rifled through the woman’s dresser drawers and went through the purse of the resident’s in-home caretaker. The caretaker discovered McDonald in the elderly woman’s home. The caretaker told police she saw her wallet in McDonald’s pocket. As he fled the home, she grabbed the wallet, pushed him out the door and quickly locked it. McDonald continued trying to get in the house. Later the caretaker noticed her iPad was missing from her vehicle.

Cause # 6987 – October 3, 2018 7:27 p.m. – Robbery – McDonald entered the Boerne Chili’s through the side door for patrons to pick up and pay for to-go orders. McDonald grabbed the cash register and headed out the door. The employee attempted to prevent the theft, and McDonald assaulted her. McDonald was able to get to his vehicle with the register. Two other Chili’s patrons tried to stop McDonald, but he fought them off. One patron was attempting to get McDonald out of his vehicle when McDonald began to drive off, knocking the patron to the ground.

Police located his vehicle shortly after the robbery on I-10 headed towards San Antonio and attempted a traffic stop. McDonald began accelerating and gaining distance from the marked patrol car, eventually striking a vehicle causing the driver to lose control and spin onto the concrete divider. McDonald eventually crashed, then exited through the driver’s window with the cash register, opened it by slamming it on the ground, and ran off with the money. McDonald eluded authorities until the following day when he was located by the Comal County Sheriff’s at a residence. After a brief standoff, McDonald surrendered when K-9 assistance was called in.

Samuel McDonald pleads guilty

McDonald was placed in the Kendall County Jail and Justice of the Peace Teri Nunley set a $30,000 bond for Burglary of Habitation and $40,000 for Robbery. On December 19, 2018 McDonald was released from jail, and in May 2019 he was arrested in Bexar County for additional felony offenses. On May 13, 2019 Judge Cohoon revoked the bonds.

In the hearing before the Court, the State presented evidence of these crimes against persons as well as McDonald’s extensive criminal history. Throughout Washington, Arkansas, and Texas between 1997 and 2019, McDonald committed numerous offenses including burglary, theft, assault, escape, evading, forgery, false report to a peace officer, and drug violations. Just three days prior to the Kendall County crimes, McDonald was placed on felony probation in Arkansas.

Adult Probation Officer Oscar Moncada completed the sentencing investigation, and recommended incarceration given the nature of the crimes, McDonald’s extensive criminal history and severe drug addiction.

Other testimony to the court was from the caretaker who stated she still suffers fear and anxiety from the burglary, and a Boerne Police Department officer who stated that while McDonald had assisted by giving information about drug investigations, this did not justify putting the community at risk.

McDonald’s family testified that this behavior was completely out of character for McDonald, and blamed his actions on drug addiction as well as drug treatment medication he took while trying to get clean. McDonald testified to witnessing violence with his parents growing up and guilt he felt from the loss of his sister to a drug overdose. McDonald testified that he did not remember that day clearly, and that he had never felt that way before. McDonald also stated that he could not remember driving.

Defense attorney, Griffith, asking for leniency, argued for the court to take into consideration who McDonald’s character, his upbringing, his cooperation with law enforcement, and his addiction. McDonald was now clean and intended to stay that way.

Assistant District Attorney Matlock reminded the court that under current law, a person who has committed the charged offenses is eligible for parole when they have completed one-fourth of their sentence or 15 years, whichever is less. The time completed is calculated by the number of actual days incarcerated plus any good-time credit earned. (Note: when good-time credit is applied on a 15-year sentence, a defendant could be eligible for parole in 2 years, 1 month and 20 days.)

ADA Matlock argued unlike a first time drug offender, McDonald’s crimes against persons demonstrate a risk to the public. The State argued the priority in sentencing should be on protecting the community and deterring similar crimes. Matlock stated “to release McDonald back into the general population is risking the safety of the community on a hope and a prayer that McDonald will not fall victim to his addiction again.”

The State requested a sentence of 40 years in the interest of public safety and deterring others from committing similar crimes.

Judge Cohoon sentenced McDonald to 15 years in prison on both charges to run concurrently.

Criminal District Attorney Nicole Bishop: Drugs not only hurt the user but the family and friends that care about them as well. The crimes that occur to pay for a drug addiction also hurt the community. We want to do everything that we can to try to rehabilitate first time offenders or those who are a low risk to the community. The goal of rehabilitation is for individuals to break the addiction, thrive, and not reoffend. However, rehabilitation takes a backseat when the defendant is a repeat offender or poses a future danger to our citizens and our businesses. Therefore, we seek sentences that both align with past jury sentences, and that also have a deterrent effect on future crimes. We want someone to think twice before feeding their drug addiction by committing crimes against innocent victims in Kendall County.