MARLIN, TX — Police incident reports obtained by Central Texas News Now appear to contradict claims by Marlin City Council candidate Chris Spain over his 2007 conviction for sexual assault of a child.
Spain, 43, is running for a seat on the Marlin City Council. He is hoping to represent Precinct 5.
On Tuesday, Spain defended himself by saying he didn't know the victim's real age. He claimed to have met her at a bar and that she used a fake ID to get in.
"My past was a mistake," Spain said. "I was lied to by a female who lied about her age."
The incident report explains that an investigator with the Marlin Police Department was informed that a family in town was having problems with their 16-year-old foster child, who was sexually involved with Spain.
According to the report, the victim had been babysitting Spain's child for four months. She would tend to the child at Spain's home.
Police also spoke to a former roommate of Spain's who, according to the report, confirmed the relationship.
The roommate said the victim would walk around in a shirt and underwear while Spain walked around the home naked. He would see them walk into Spain's room, where he heard sounds and talking that indicated sexual activity was taking place.
The roommate added that Spain told him 'she's 16, so I gotta treat her like a queen,' the report stated.
In the report, Spain's former roommate claims Spain told him to lie to law enforcement if he was ever asked about their relationship. He was told to say the victim was just a babysitter.
The report also said the victim was involved in a sexual relationship with a 25-year-old while she was 14.
Spain was arrested on Aug. 2, 2007.
In the report, the victim's foster parent claims Spain called their home to talk to the victim while he was in jail. He told Spain not to call again.
When Spain was sat down to be questioned, he told police that he would accept a lesser charge. He also said that his former roommate was threatened by police to make statements against him that were not true.
Police relayed the messaged to his former roommate, who said he was never threatened.
Spain is listed as a sex offender on the Texas Department of Public Safety's Sex Offender Registry for sexual assault of a child in 2007. His victim was a 16-year-old girl.
The Texas Election Code states that to be an eligible candidate for, or elected or appointed to, a public elective office in this state, a person must have not been finally convicted of a felony from which the person has not been pardoned or otherwise released from the resulting disabilities.
According to DPS, Spain did not serve jail time. He was ordered to serve 10 years of probation with community supervision.
John Floyd is a board-certified criminal defense lawyer based in Houston. He said Spain is not considered a convicted felon since the judge accepted his plea deal and granted him deferred adjudication.
Floyd said this means that proceedings are deferred, pending probation. Floyd said Spain is legally able to run for a seat on the council because he successfully completed his 10-year probation and did not serve jail time.
Drawing for ballot placement is scheduled for Feb. 25 at 4 p.m. at Marlin City Hall. There are six other people running for three seats on the council.
KXXV has reached out to Spain for comment. Spain said he has no comment at this time.
