By PEGGY O'HARE
Copyright 2006 Houston Chronicle
A judge this morning ordered that one of two Spring men accused in the vicious beating and sexual assault of a teenager be held without bail as the victim continues fighting for his life.
The 16-year-old victim, who was sodomized with a piece of rigid plastic pipe and was carved on the chest with a knife during a party at a Spring home last weekend, remains in extremely critical condition at Memorial Hermann Hospital.
He suffered major damage to his internal organs and more than likely will not survive, prosecutors said.
More details about the gruesome assault surfaced today as one of the suspects, David Henry Tuck, 18, appeared in court to answer a charge of aggravated sexual assault.
Although Tuck's bail originally was set at $20,000, state District Judge Michael McSpadden ordered him held without bond.
The other suspect, Keith Robert Turner, 17, also charged with aggravated sexual assault, is free in lieu of $100,000 bail. His probable-cause hearing will be held in McSpadden's court at a later date, once his case is transferred from another court.
Prosecutors revealed in court today that a third person, a juvenile, may have participated in the assault. That boy, who is believed to have had minimal involvement, is being treated only as a witness and will not be charged, prosecutors said.
The incident, which occurred in the 21300 block of Glenbranch, has drawn national media attention.
Detectives believe the victim was attacked during the party about 11:30 p.m. Saturday after he tried to kiss a 12-year-old girl who lives at the residence. It is unclear whether any adults were present.
The injured boy was left in the back yard, near death, for more than 10 hours before anyone called for medical help, said Lt. John Denholm of the Harris County sheriff's homicide division.
During this morning's hearing, prosecutor Mike Trent told the judge that Tuck, of the 3400 block of Nutwood, was wearing steel-toed boots when he attacked the victim and kicked him in the head.
Tuck and others are accused of dragging the victim into the back yard and shoving a PVC pipe into his rectum, Trent said. Tuck is accused of then kicking the pipe with his boots, the prosecutor said.
"I don't mean just a little bit," Trent told McSpadden. "He kicked it in and shoved it so far in that he has caused major internal injuries and organ damage."
Detectives also told prosecutors they believe the attackers tried to carve something "racially offensive'' on the boy's chest during the assault, Trent said later outside the courtroom. "There's no question they were cutting him on the chest with a knife,'' Trent said.
As Trent spoke, Tuck stood before the judge's bench, dressed in the standard orange jail inmate's uniform.
The suspects also are accused of pouring bleach on the boy, although Trent could not say specifically which one is believed to have done that. Sheriff's detectives said the bleach was used in an attempt to destroy evidence.
The victim, who is Hispanic, also was subjected to racial slurs during the attack, investigators said. The two suspects are white.
State prosecutors will not pursue the incident as a hate crime since that would not enhance the first-degree felony charges already filed or the penalty possibilities - but said any evidence of a racial motivation will be presented to jurors to consider if and when they consider punishment, Trent said.
The suspects have admitted their involvement in Saturday's attack, although "they're pointing fingers at each other as to who did what," Trent told the judge.
Defense attorney Chuck Hinton, who was appointed today to represent Tuck, declined to comment. Hinton invoked the teen's Fifth and Sixth amendment rights during the hearing, asking that the District Attorney's Office not try to interview his client without contacting him first.
After the hearing, Trent told reporters the charges against Tuck and Turner will be upgraded to capital murder if the victim dies.
"It's pretty bad," he said. "...I've been told, more likely than not, that he probably won't survive."
Trent said he isn't sure how many people saw the attack, but he confirmed that at least one person did.
No more arrests are expected, Trent said.
Turner, of the 21000 block of Star Grass, may be allowed to remain free after he appears in court because prosecutors said they are "pretty comfortable" with his $100,000 bail amount.
If convicted of the aggravated sexual assault charge, the suspects could face anything from five years to life in prison
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This kid goes to my school.
