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Daveon Marqui Allen
File PhotoThe legal saga of Wharton murderer Daveon Marqui Allen came to a close Friday, but not without one final twist.
Allen, 29, pleaded guilty to first-degree murder and was sentenced to 50 years in prison by 329th District Judge Randy Clapp, as opposed to the original sentence of life without the possibility of parole for the Nov. 25, 2021 capital murder of Larry Joe Guerra, 25, of Wharton, that he received on Oct. 30, 2024.
Patrick McCann, representative for Allen, who originally accepted a plea deal in August only to reject the deal in September, filed a motion for a new trial Dec. 19 on the grounds that Allen’s original attorney, Don Hecker, did not effectively represent Allen in the trial, which lasted just three days.
After hearing arguments from McCann and then-Assistant District Attorney Mark Racer, who on Jan. 1 was sworn in as district attorney, in December, Clapp scheduled a follow-up hearing for Friday, citing the need to research the issue before rendering a judgment.
Instead of definitely spending the rest of life behind bars, Allen will be a free man someday, though not for a long time.
Allen, who was remanded to the custody of Wharton County Sheriff’s Office, is credited for the more than 1,100 days served since his arrest on Nov. 26, 2021.
“We’re thrilled the judge granted a new trial,†McCann said, “It’s always tough to see a young man go away for a long time, but his family can look forward to him being free someday.â€
Racer said offering a new plea deal to Allen represented the best option for Guerra’s family that spared them the ordeal of rehashing the case with a new trial, but still secured a significant length of prison time for Allen.
Still awaiting trial is co-defendent Nathaniel Ford Allen, 29, of Wharton. No date is scheduled, but Racer believes a resolution could be reached in the new few months.
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