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Thursday, November 26
BERGHEIM • BOERNE • COMFORT • FAIR OAKS • KENDALIA • SISTERDALE • WARING • WELFARE
Harris Sentencing A plea agreement between the State of Texas vs. Andrew Harris is accepted Christina Ryrholm Hill Country Weekly While driving a Ford 150 pickup truck at a high rate of speed nearly sixteen months ago Andrew James Harris struck Boerne Police Officer Michele Van Stavern so hard that she went flying. It was just after 10 at night on August 30 last year and Officer Van Stavern was directing traffic after a Champion High School football game. A school resource officer who generally worked at Boerne Middle School North was near the Boerne High School entrance on Esser Road. She was wearing a high-visibility traffic vest and using a wand flashlight to direct traffic. Although she received multiple injuries including a concussion, lacerations, fractured wrist and broken ribs she managed to crawl to her radio and call for an ambulance. Harris, then 35, had stopped at the scene and later that night was arrested by the Texas DPS officer investigating the crime scene. The charge was at the time was Intoxication Assault, a third degree felony. On Thursday afternoon
November 19 of this year a plea agreement between the State of Texas Criminal District Attorney’s office for the 451st District and the defendant represented by Shawn Lovorn was presented to the District Court Judge Kirsten Cohoon. While waiting for the judge to take her seat on the bench the left hand side of the visitor’s section was filled with Michele’s husband and three children, fellow police officers and other co-workers and friends. On the right hand side were the defendant’s immediate family as well as a couple of supporters. In spite of the near silence with only soft murmurs of whispering the tension in the room was palpable. After the judge was seated Andrew James Harris, now 36, was summoned to stand in front of Cohoon with his lawyer to his right and two deputies behind and on either side. After a series of questions the judge was satisfied that Harris had read and understood the charges against him and was entering his plea of guilty to the charge of intoxication assault with a vehicle resulting in serious bodily injury of his own free will. This is a third
Andrew James Harris degree felony. Cohoon explained that if she accepted the plea arrangement he would receive a sentence of not less than two but not more than ten years, a fine of up to $10,000 and court costs. If he was convicted he would be waiving a jury trial and any appeal and he would be taken into custody after the proceedings. If she did not accept the agreement he would be allowed to withdraw his guilty plea. Judge Cohoon then stated she was going to accept the plea - the term of confinement within the TDCJ (Texas Department Criminal Justice) system was for five years, a $10,000 fine and the court costs of $390. The sentence
would begin immediately with credit for the five days he had already spent in jail. She also stated that he was “lucky he did not kill anyone”. Cohoon further commented that while in prison he would be forced to make choices and that it was up to him to make himself a better man, to address his issue with alcoholism and to rectify the “damage he left in his wake”. The judge then instructed him to turn around and face his victim who would be giving an impact statement. Michele Van Stavern began by telling Harris that on that night over a year ago she texted her daughter, phoned her husband and the next day was planning to go and say a final goodbye to her grandmother who was not expected to survive the weekend. She softly, but clearly, spoke of being lifted off of and thrown to the ground, of calling for the ambulance on her radio, of refusing to close her eyes for fear of not waking up and then gave a litany of her injuries. She highlighted the transfusions, the therapy, the continued memory loss and the
effects on her children. Michele stated that “she was glad she was his speed bump” because behind her was a crosswalk full of students and parents. She declared that only two families were effected, that she was not the only victim and that she wanted him to be the best dad and husband that he could. Then, tearfully, she forgave him. In response Harris spoke so softly that he could not be heard most of the time. He mentioned that he needed to learn about his addiction and that he appreciated the prayers for him and his family. A letter he had written to her was given by his lawyer to a deputy who then handed it to Michele. Michele then crossed the room and they hugged. As Andrew Harris was escorted out of the courtroom by two deputies through a side door and a reception line of police officers prepared to give Michele a hug, the contrast was vivid. Judge Cohoon ended the proceeding with “”You just saw what forgiveness looks like”.
