San Marcos Mercury | Local News from San Marcos and Hays County, Texas
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January 11th, 2008
Former D.A. dropped rape, sex tape charges to circumvent judge’s ruling on evidence [PRO]

By BRAD ROLLINS
Managing Editor

Matthew Todd Ferguson was headed for a trial on charges he sexually assaulted a woman and secretly videotaped sex with others at his San Marcos apartment.

But in June 2006, then-District Attorney Mike Wenk unexpectedly dropped the local charges against Ferguson, a former Texas State University student with a prior sexual assault conviction in Michigan. His motion for the dismissal noted that Ferguson had been indicted on similar charges in McLennan County where Ferguson lived while attending Baylor University.

“Hays County only has a single complainant and McLennan County clearly has the majority of witnesses and evidence [and] the State of Texas wishes to facilitate that prosecution and dismiss the immediate charges,” the motion stated.

And that happened. As his trial approached last fall in McLennan County on two sexual assault and nine counts of improper visual recording for sexual gratification, Ferguson agreed to plead guilty to some of the charges in exchange for a total of 25 years in prison.

The aborted prosecution in Hays County, however, is not as routine as it sounds, a case of passing the prosecution to the jurisdiction with the strongest case.

The move was prompted largely by District Judge Bill Henry’s ruling that defense team should have copies of the sex tapes Ferguson secretly recorded over the years at his home in Waco and then in San Marcos. Ferguson’s San Antonio attorneys had argued they needed copies to review and analyze since a large part of the case against their client centered around the dozen tawdry tapes found during a search of Ferguson’s North LBJ Drive apartment.

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8 thoughts on “Former D.A. dropped rape, sex tape charges to circumvent judge’s ruling on evidence [PRO]

  1. Pingback: Video evidence probably irrefutable but former D.A. dropped charges in rape, sex tape cases : Newstreamz

  2. “In the months before the election, the association threw its support to Anna Martinez Boling, who went on to win 14,626 votes to Henry’s 15,064.” Boling won with less votes than Judge Henry? I thought Judge Henry would win if he got more votes. So who really won?

  3. Ok, Boling “won” or got 14,626 votes. Therefore, Henry won the election with 15,064 votes, 438 votes more than Boling. Henry won the election in spite of the fact that the San Marcos Police Officer’s Association withdrew their support of Henry. Thanks for the clarification.

  4. The DA dropped the charges in June 2006, and the sex tape guy was sentenced in Waco last fall.
    So where the hell is the news if everything happened months ago.
    There wasn’t one newsworthy tid-bit in that story — what a waste of time.

  5. The San Marcos Police Officers Association DID NOT throw its support to Anna Martinez Boling. They withdrew their support from Bill Henry, but did not endorse her. The Fraternal Order of Police DID endorse Boling.

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