Early release or committed to an institution? Jury to decide fate of Harker Heights child rapist | Crime | #childpredator | #onlinepredator | #sextrafficing

A jury was selected in the 264th Judicial District Court on Monday to decide whether Wintrow will receive sex offender treatment and possibly be released early from his prison sentence or face a “civil commitment” as a “sexually violent predator,” according to court documents obtained by the Herald.

As an indigent inmate, Wintrow is being represented by an attorney with the State Counsel for Offenders. Wintrow denied the state’s petition, which prompted the trial.

By Wednesday before noon, the jury had retired to deliberate. Members of the jury heard testimony from two people: Stephen Thorne, who testified for the state; and Wintrow, who testified as the respondent, according to Bell County court records. 

In its four-page petition filed on Dec. 19, 2022, the state cites a provision of the Texas Health and Safety Code as the basis for the lawsuit.

“The State of Texas brings this original petition, alleging that Johnathan Wintrow is a sexually violent predator, and requesting that (he) be committed for treatment and supervision, pursuant to Title 11, Chapter 841, of the Texas Health and Safety Code,” according to Maureen Whittmore with the Huntsville-based Special Prosecution Unit. “(The) Health and Safety Code provides for the civil commitment of sexually violent predators. (Wintrow) is a repeat sexually violent offender who suffers from a behavioral abnormality that makes him likely to engage in a predatory act of sexual violence.”

According to the petition, Wintrow “is pending entry into the TDCJ Sex Offender Treatment Program, which could result in (his) release on parole prior to his discharge date … of Aug. 19, 2034.”

Wintrow’s attorney filed an answer on Jan. 23, demanding proof that Wintrow is a sexually violent offender with a behavioral abnormality and alleging that the code itself is contrary to the U.S. Constitution and the Constitution of the State of Texas.

“Sections 841.001 … of the Texas Health and Safety Code deprive (Wintrow) of due process and equal protection of the law under the Fourteenth Amendment to the U.S. Constitution and Article One, Section Nineteen of the Texas Constitution,” according to the 5-page answer. “Chapter 841 … does not apply to (Wintrow) because (he) is amenable to traditional treatment modalities.”

The response also cites the Eighth Amendment, which protects Americans from “cruel and unusual punishment.”

One organization — Texans Against Civil Commitment — is fighting against the concept and calls the Texas Civil Commitment Center in Littlefield a “shadow prison.” Many of the people there already have completed their criminal sentences but then are committed for additional, indefinite sentences, according to TCCC.

The girl was assaulted by Wintrow on March 1, 1999.

“Wintrow has given me a written statement in which he admitted having sexually assaulted (the victim) by taking her into his room, pulling down her pants and fondling (her) sexual organ,” according to an arrest affidavit. “I have obtained documents that reflect that (Wintrow) was previously convicted in federal court in 1991 of abusive sexual contact.”

On Oct. 22, 1999, in the 264th Judicial District Court, Wintrow pleaded guilty to a two-count indictment and then was sentenced to 35 years in prison on the first-degree felony charge of aggravated sexual assault of a child.

The Herald will continue to follow this case.