Judge Hamilton Singleton granted leniency to James Womack on Tuesday in the First Division of the Circuit Court of Union County.
Womack was in court for a probation revocation hearing. He was originally sentenced to six years probation in June 2017 after failing to register as a sex offender after a 1999 first-degree sexual abuse conviction.
In August 2017, the first petition to revoke Womack’s probation was filed; in October of that year, he pleaded true to the revocation allegations and was placed back on probation for six years.
The latest revocation petition came on Sept. 6 after Womack failed to report to his probation officer on three separate occasions and failed to make payments on supervision fees.
“I don’t understand why we’re back,” Singleton said. “I should have sent you to the penitentiary the first time.”
“I beg you for a second chance,” Womack replied.
Singleton questioned Womack on why he did not report to his probation officer. Womack said every time he went to the office, his officer was not in. He claimed that his grandfather, who he said had cancer, had lost his home in a fire, distracting him from his reporting responsibilities.
Singleton seemed poised to serve Womack with a harsher sentence than he had in previous revocation hearings, until the defense said Womack’s wife would like to speak to the court.
“I’m not here to beg you and have you convinced … but he’s not lying about his granddad’s house catching fire,” Womack’s wife said.
She continued, adding that Womack is a father of two girls, including a newborn baby, and that his family needs him. She said she and Womack’s mother would be responsible for making sure Womack meets his reporting requirements. Singleton asked her what would happen if Womack did fail to report.
“Then he’s going to go to prison for the rest of his life and never see his children again,” she replied.
Singleton said Womack would be exposed to a potential 10 years of incarceration if he did choose to sentence him to the Arkansas Department of Corrections (ADC).
“I can’t believe I’m even thinking of this,” Singleton said. “I’m going to cut you the slack your wife wants me to cut you.”
Singleton sentenced Womack to 120 days in the county jail with 32 days credit for pre-trial incarceration. He is also back on probation. Singleton said if Womack fails to report again, he will be sentenced to the maximum 10 years in the ADC.
“I’m going to write that down right now,” Singleton said, making a note of his promise to Womack.
Caitlan Butler can be reached at 870-862-6611 or [email protected].