McMullen was living in George West from 2007-12 and maintained his registration throughout his residency until it was time for him to re-register on Oct. 9, 2011, according to attorney Deborah Branch. Although his indictment declares his lack of registration to begin on Dec. 1, 2011, Branch said it was on Oct. 9, 2011, that he failed to register.
The reason for the discrepancy is because sex offenders get a 30-day period prior to and after their birthdays. Branch said he registered once law officers got involved in early 2012.
McMullen was convicted on July 4, 1994, for the sexual assault of two children in Colorado. He was initially sentenced in May 1992, then there was re-sentencing in 1994, according to Branch. At that time, he was sentenced to eight years of probation and 180 days in jail. He was also required to register annually for the rest of his life, which he failed to do while living in George West.
McMullen was represented in this failure to register by Michelle Ochoa and Branch represented the district attorney’s office for his failing to register. As a third degree felony, the range of punishment was from two to 10 years in prison and a fine of up to $10,000.
Jose Aliseda, the 156th Judicial District attorney, said that “although these cases are often difficult to decide, we agree that Judge Bauer did the right thing.”
Branch said McMullen moved to Rockport in May of this year.