New Braunfels man gets 7 years for sexual assault

Kelly Higgins • June 18, 2025

SAN MARCOS, Texas - Hays County Criminal District Attorney Kelly Higgins announced today that 28-year-old Benjamin Cearley of New Braunfels was sentenced to seven years in prison on June 13, 2025.


On June 12, 2025, a jury found Benjamin Cearley guilty of two counts of sexual assault. The evidence at trial showed that Cearley was an acquaintance of the victim. He gave her a ride home after work and then sexually assaulted her inside her apartment. After the offense occurred, the victim thought to use her phone to record a conversation between herself and the defendant, during which the defendant admitted he was aware that the victim had told him “no” and that she didn’t want anything sexual to happen between them. Another woman also testified during the trial about the defendant’s attempt to sexually assault her inside her apartment as well.


After the jury found the defendant guilty of both counts of sexual assault, the punishment phase of the trial began. The jurors heard additional testimony from the victim and her friend, detailing the traumatic effect the crime had on the victim. The defendant had no prior criminal history and was eligible for probation. The jury ultimately returned a sentence of seven years in prison for the first count of sexual assault and two years in prison for the second count of sexual assault.


After sentencing, the victim chose to give a statement. She said, in part, “I will never forget the pain I’ve endured, but I am no longer letting it define my future. I am proud of myself. I am proud of myself for going through with this, for standing here today and speaking my truth. It has been a long and painful journey, and it’s taken everything in me to get to this point. I know how difficult it is for victims to come forward, to speak about something so painful and raw. Many people, after all this time, would have stayed silent. Many never do. But I chose to speak. I chose to share my story, to make my voice heard. And I will never regret that.


“I hope that my courage to stand up will remind others that they are not alone, that they too can find the strength to fight, even when the scars feel too deep to heal. I hope that, in some way, this will help bring closure — not only for myself, but for anyone who has lived with this kind of trauma, with this kind of betrayal.


“To the person who assaulted me, Benjamin Cearley: What you did to me was wrong. You took something from me that you had no right to take. But you will not take my future. My life, my healing, and my joy belong to me—and I am claiming them back, piece by piece.


“Thank you to the Court for giving me the space to share my story. This moment is not the end of my journey, but a turning point. I am moving forward—not because of what happened, but in spite of it.”


The San Marcos Police Department investigated this case, which was prosecuted by Assistant Criminal District Attorneys Jessica Rabena and Elizabeth Schmidt.



"We want to thank the victim in this case for her bravery in reporting this horrific crime and for having the strength to face the defendant in Court and testify,” Schmidt said. “I hope her courage will inspire others who have been victims of these crimes to come forward and share their stories. We also want to thank the jurors for their service and the San Marcos Police Department for their work investigating the case. Justice has prevailed.”


By Jose Garcia May 20, 2026
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By Natalie Frels May 19, 2026
HAYS COUNTY, Texas — Hays County continues advancing plans for projects in the Hays County Road Improvements Program and encourages community members to visit the program website for the latest information. According to Transportation Director Aaron Jones, the region has experienced exponential growth, and improvements are needed to maintain safe and efficient traffic flow. Projects in this program focus on improving existing roadways and planning for future infrastructure needs. “We are working to provide as much information to our communities as possible,” said Jones. “The County is committed to keeping the public informed throughout this process and sharing project information as it becomes available.” The program website serves as a central hub where community members can find program updates, background and status on road projects, sign up for newsletters and learn about upcoming engagement opportunities. Project milestones and updates will be posted online as they become available. Community members can contact the program team with questions or comments by phone at (512) 649-0601 or by email at hello@hayscoroads.com. Additional information is available at HaysCoRoads.com. ###
By Natalie Frels May 15, 2026
SAN MARCOS , Texas – The Office of Hays County Criminal District Attorney Kelly Higgins announced today that Hays County District Judge Joe Pool sentenced 49-year-old Juan Manuel Yanez to life in prison on Thursday, May 14, for murdering 43-year-old Victoria Valadez in her San Marcos apartment in February 2025. The sentence was the maximum punishment available under the law. Yanez had previously entered a “guilty” plea to the crime at a May 6 hearing and had agreed to let the Court determine his punishment. Yanez will not be eligible for parole until he has served at least 30 years in prison.  Evidence presented in the punishment hearing showed that on Feb. 7, 2025, Yanez called 9-1-1 and told the operator he had just shot his wife. Yanez and Valadez were not legally married, but they had been romantically involved for several months leading up to the shooting. San Marcos Police Department officers traced the call to an apartment unit on River Road, where they found a woman with a fatal gunshot wound to the head. Investigators found no sign of a struggle, and the evidence supported the conclusion that she may have been asleep when she was killed. Surveillance video from a 7-Eleven near the crime scene — taken about 20 minutes before the 911 call — showed Yanez arriving in the victim’s truck, buying four beers and driving toward the River Road apartment. The beers were found at the crime scene: two were opened, and all four were still cold to the touch. Yanez’s wallet was also found on the victim’s nightstand. After the 9-1-1 call, Yanez disposed of the murder weapon, which was never recovered, and fled to Houston, where he maintained a residence and a separate family. Harris County authorities apprehended Yanez in the vicinity of his Houston residence after a brief manhunt. Forensic testing confirmed the victim’s blood was on clothing and jewelry collected from Yanez. Testing also found gunshot residue. When officers recovered Yanez’s cellphone, they discovered its SIM card had been physically removed before the phone was collected by police, which investigators said indicated an attempt to inhibit efforts to track Yanez as he fled. Despite extensive forensic examination of digital evidence in the case, investigators were never able to determine a motive for the murder. Assistant Criminal District Attorneys Jon English and Abigail Whitaker prosecuted the case. “This sentence recognizes the truth of what happened in that apartment: a life was taken, a family was destroyed, and a community was disrupted. Justice required a sentence equal to the gravity of that crime,” English said. “Judge Pool’s sentence delivered that justice for the community and the victim’s loved ones, and the exceptional work of the San Marcos Police Department made this outcome possible.” “The family showed extraordinary courage throughout this case and through the sentencing hearing,” Whitaker said. “Their strength ensured the court saw not only the facts of the murder, but also the true cost to the victim’s family and the community as a whole.” Multiple officers from the San Marcos Police Department worked the case, with the investigation led by Detective Logan Murphy and Detective Chris Marroquin. The State’s trial team included members of the District Attorney’s Family Justice Unit and members of the 428th District Court Prosecution team: Prosecutors English and Whitaker, Victim Assistance Coordinator Annalise Brewer-Hall, Digital Media Evidence Legal Assistants Kendall Evans and Mercedes Pena, Legal Assistant Avery Slocum, HCCDAO Investigator Sgt. Erica Saenz and HCCDAO Investigator Sgt. David Cabrera. # # #
By Natalie Frels May 8, 2026
SAN MARCOS , Texas – The office of Hays County Criminal District Attorney Kelly Higgins announced that on May 7, 46-year-old James Shope was found guilty by a Hays County jury of two counts of continuous sexual abuse of a child under 14 years of age and one count of indecency with a child by sexual contact. After the punishment phase of trial, the jury returned a verdict of two life sentences in the Texas Department of Criminal Justice for the two continuous sexual abuse counts and the maximum punishment available for indecency with a child by sexual contact — 20 years’ imprisonment. There is no possibility of parole for the convictions of continuous sexual abuse of a child. District Judge Joe Pool ordered that the two life sentences run consecutively, stating, “We don’t accept this in Hays County.” The investigation of Shope began in August of 2023 when two children outcried that Shope had sexually abused them from their kindergarten to their pre-teen years. They further testified to his efforts to keep them silent. After the trial, the jury expressed their unanimous belief in the girls and sympathy for their well-being during their testimony. This case was investigated by the Hays County Sheriff’s Office, with lead detective Corporal Chase Crow, and was prosecuted by Assistant Criminal District Attorneys Cassidy Story and Abigail Whitaker, assisted by Annalise Baker, Zoie Sanders, Kendall Evans, and Sergeant Investigator David Cabrera. “Our duty is to seek justice, and this jury and judge delivered exactly that,” Story said. “I am so proud of our team’s continued vigilance in protecting the children of this county and of the children who bravely faced the perpetrator in court. Although no verdict will ever heal the lifelong trauma this man has caused, I sincerely hope that both children gain strength and confidence from the jury’s very clear words, ‘we believe you.’”  # # #
By Jose Garcia May 4, 2026
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By Kate Esqueda April 28, 2026
HAYS COUNTY, Texas — The Homeless Coalition of Hays County successfully participated in the 2026 Point‑in‑Time (PIT) Count, an annual, nationwide effort that documents the number of people experiencing homelessness in communities across the United States. On Jan. 22, 2026, around 70 volunteers were deployed across Hays County to count and connect with unhoused neighbors, offering resource bags with hygiene items and information about local available services. Support and Participation This year, the Hays County Health Department’s Behavioral Health Coordinator, Dr. Izzy Vigil, led the effort alongside Erika Rosa, co‑founder of Breaking Bread Outreach Ministries. Dr. Vigil and Erika Rosa worked closely with fellow PIT Count Board members from local partners, including Southside Community Center, the Hays County Food Bank and other leadership from the Homeless Coalition of Hays County. Their collaboration helped ensure the count was conducted safely, accurately, and with respect for all those encountered on the day of the count. Data was sent to the Texas Homeless Network (THN), where it was cleaned and analyzed. The report was subsequently shared with the Homeless Coalition of Hays County for dissemination of the data to municipalities and the greater Hays County community. Results of the 2026 PIT Count The 2026 PIT Count documented: 151 people are experiencing homelessness across Hays County. Survey responses were primarily collected in San Marcos (n = 144), with smaller numbers in Kyle (n = 6) and Buda (n = 1). The majority of individuals counted were adults ages 25–64, with most experiencing unsheltered homelessness. Approximately 21% of respondents identified as survivors of domestic violence. The total shows a decrease of 36 people compared to the 2025 count of 187. These findings help measure current needs, identify service gaps and guide strategic planning for homelessness response efforts across Hays County. It is important to emphasize that the PIT Count is a one‑night snapshot and does not capture the full scope of homelessness throughout the year, particularly individuals who are precariously housed or at risk. Additionally, the timing of this year’s count may have influenced the results due to environmental factors that may have affected shelter utilization and overall participation. Ongoing Collaboration and Long‑Term Strategy Hays County remains committed to working alongside the Homeless Coalition of Hays County, local nonprofits, service providers, municipalities and community leaders to strengthen coordinated responses to homelessness. In the year ahead, the County will focus on expanding outreach partnerships to improve year‑round engagement with unhoused individuals, enhancing data sharing and service coordination among local partners to streamline access to support and advancing funding initiatives and grant applications that build the capacity of local homelessness response systems. These efforts also aim to address the social determinants of health by addressing key components of primary prevention, such as housing, transportation and access to healthcare. “Sustained progress takes shared commitment. We are continuing to build strong partnerships across our community so that our response is coordinated, consistent and grounded in long-term solutions,” said Hays County Health Department Behavioral Health Coordinator Dr. Izzy Vigil. “This work is about strengthening systems over time while staying focused on the people we serve and the conditions that support their health and stability.” About the Point‑in‑Time Count The PIT Count is a federally required initiative coordinated by the U.S. Department of Housing and Urban Development (HUD). It provides a snapshot of homelessness on a single night in January and informs funding, policy decisions and local planning efforts. For more information on the PIT Count and Hays County’s work to support homelessness response efforts, contact The Homeless Coalition of Hays County at hayscounty.lhc@gmail.com. ###
By Natalie Frels April 9, 2026
SAN MARCOS, Texas — Lawanda Moreno pleaded guilty to arson with intent to damage a habitation (first-degree felony) and was sentenced by Judge Tracie Wright-Reneau on March 17, 2026, to 20 years in prison for a structure fire that occurred in a residential neighborhood in Kyle on Nov. 4, 2024. On the same day, Moreno was also convicted of healthcare fraud - $150,000-$300,000 (20 years), healthcare fraud - $2,500-$30,000 (2 years), and unauthorized insurance business (10 years), with the sentences to be served concurrently. Although Moreno denied having an insurance policy, investigators discovered that two policies for the residence were purchased seven and five days, respectively, before the fire. Further, while the eviction process was underway, the defendant told her property manager that she was skilled at obtaining free rent and threatened to damage the property if the eviction continued. Based on differential fire damage and burn patterns, investigators from the Hays County Fire Marshal’s Office determined that the fire originated inside a cabinet located between two windows in an upstairs bedroom. They concluded that the fire was caused by the intentional introduction of an open flame to readily ignitable materials. Agencies that participated in the investigation include: Hays County ESD No. 5 Kyle Fire Department; the Kyle Police Department; the Texas Department of Public Safety and the Texas Rangers; the Hays County Sheriff’s Office; the Buda Police Department; the Austin Police Department; the State Fire Marshal’s Office; and the Hays County District Attorney’s Office. The case was prosecuted by Hays County Assistant District Attorney Courtney Hansen. “The Hays County Fire Marshal’s Office extends its sincere appreciation for the dedication and professionalism demonstrated by our personnel and the assisting agencies throughout this investigation,” said Hays County Interim Fire Marshal Aaron Bauer. “The collaboration and coordination among these agencies were instrumental in the successful outcome of this investigation. We remain committed to working together to protect our community and ensure that incidents like this are thoroughly and responsibly addressed.” ###
By Jose Garcia April 7, 2026
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By Natalie Frels April 7, 2026
KYLE, Texas — Hays County will host an in-person open house on April 23 to share updates and gather public input on planned improvements to FM 2001. The project includes safety improvements and roadway realignment between I-35 and SH 21 to improve safety and mobility in a rapidly growing area of the county. “Hays County is committed to a transparent planning process that keeps residents informed as road projects move forward. As our region continues to grow, it's important that the community understands how planned improvements to FM 2001 will support future transportation needs,” said Commissioner Debbie Ingalsbe. The FM 2001 Improvements Open House will be held from 4:30 to 7 p.m. on Thursday, April 23, at Studio Estates Event Center, 6880 Goforth Road in Kyle. The open-house format allows residents to stop by at any time to review project information, learn about next steps and speak directly with the project team. “As our region grows, we are prioritizing infrastructure investments that keep pace with the needs of our residents. Improvements along FM 2001 are a key part of that effort, designed to improve mobility and make travel safer and more efficient,” said Commissioner Michelle Cohen. Meeting materials and opportunities to submit comments will also be available online at hayscoroads.com from April 23 through May 6. Project Overview The County and TxDOT have worked together to identify, design, and construct improvements along several segments of FM 2001. A portion of the project was completed in 2022, and the county is now preparing to move forward with the remaining improvements. The FM 2001 Improvements Project aims to support future transportation needs by enhancing safety and mobility within the growing region while respecting local priorities and environmental constraints. Additional details about the project can be found at hayscoroads.com. ###
By Natalie Frels March 31, 2026
SAN MARCOS , Texas – The Office of Hays County Criminal District Attorney Kelly Higgins announced the successful hosting of a multi-agency “Autism in Criminal Justice Settings” training. The training, held on March 27, 2026, centered on increasing understanding of autism spectrum conditions throughout the criminal justice system. Attendees included representatives from the Hays County Criminal District Attorney’s Office, Hays County Sheriff’s Office, Buda Police Department, Kyle Police Department and Hays County Juvenile Probation Department. Anne Jackson, a Bell County assistant county attorney, led the training and spoke about how raising a child on the autism spectrum raised her awareness of neurodiversity issues relevant to her work as a prosecutor. Her experiences allowed her to make more informed decisions in cases where victims, witnesses and defendants on the autism spectrum were frequently misunderstood by first responders, lawyers, probation officers and the courts. “It is incumbent upon lawyers in the system, whether we be defense, prosecutors or judges, to know what to do when we hear or read the word ‘autism’ in our work. We are the gatekeepers — the people with the power to affect people’s liberty and lives,” said Jackson. Participants also heard from Jackson’s son, Tres, who talked openly about his life on the autism spectrum and coordinated directly with participants on strategies for engaging with those on the autism spectrum at various criminal justice touchpoints. Tres noted, “Autism doesn’t care about your skin color, religion or sexuality. We try to be like everyone else, but there are going to be days when we struggle. When we call for help, I want us to be seen as someone in need ... and not any of these other things.” “We are proud to be the first prosecutor’s office in the State to host this training for our criminal justice partners,” stated Landon Campbell, division chief in the Hays County Criminal District Attorney’s Office. “We hope to use this training as a springboard to increase awareness of mental health and intellectual disability issues in our local criminal justice system and beyond.” The Hays County Criminal District Attorney’s Office thanks Anne Jackson, Tres Jackson and Bell County Attorney Jim Nichols for dedicating resources to this pivotal training. # # #