Hindering Prosecution Leads to Possession Collar

By Will Johnson
Messenger Reporter 

LATEXO – A welfare check on a residence located at 708 CR 1825 led to the arrest of a Latexo man for hindering the apprehension or prosecution of a known felon, late last week.

Wyatt Graham, 51, was arrested on March 8 after deputies with the Houston County Sheriff’s Office went to a residence located on CR 1825 in reference to a welfare concern, a probable cause affidavit reported.

When the deputies arrived at the location owned by Graham, the affidavit indicated the law enforcement officials observed “… a male subject known to them as Phillip Zuckero. Zuckero currently has outstanding warrants for his arrest for delivery of a controlled substance. He was taken into custody.”

The probable cause document stated Graham was aware Zuckero was on his property and also was aware Zuckero was wanted for a felony offense.

“Graham was taken into custody and charged with hindering apprehension or prosecution due to the fact Graham allowed Zuckero to stay on his property to work on a vehicle,” the affidavit reported. “It appears that Zuckero had been in and out of the property and was allowed to store cars on Graham’s property. Zuckero was wanted in Trinity County for the offense of manufacturing /delivery of a controlled substance greater than four grams but less than 200 grams, a first degree felony,” the legal document stated.

A separate affidavit of probable cause reported a search warrant was obtained to search Graham’s residence.

Once the warrant was obtained and the search was conducted, 0.3 grams of methamphetamine was discovered along with 0.3 grams of clonazepam, scales and a large amount of plastic baggies – used to distribute narcotics – according to the probable cause affidavit.

Graham was charged with hindering the apprehension or prosecution of a known felon and possession of a controlled substance, penalty group one, less than one gram.

The hindering charge is considered as a third degree felony. According to Section 12.34 of the Texas Penal Code, “An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the institutional division for any term of not more than 10 years or less than two years. In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.”

The possession charge is considered a state jail felony. According to Section 12.35 of the Texas Penal Code, “An individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days. In addition to confinement, an individual adjudged guilty of a state jail felony may be punished by a fine not to exceed $10,000.”

Graham is being held at the Houston County Jail on bonds totaling $40,000.

Will Johnson may be reached via e-mail at [email protected].