Midland County District Attorney Laura Nodolf announced in a Thursday news release that a 54-year-old Midland man was sentenced to 40 years in prison. Tony McCoy was charged in case number CR58515 with Sexual Assault. Wednesday afternoon, the jury found McCoy guilty and later that afternoon the jury accessed punishment at 40 years in the Texas Department of Criminal Justice.
The evidence presented in the case showed that on July 3, 2022, officers with the Midland Police Department responded to a residence for an adult sexual assault. Officers learned through their investigation that the victim had been visiting an acquaintance at the residence and was asleep in one of the bedrooms. The defendant, who was also a visitor in the home, entered the bedroom, crawled into bed with the victim, and sexually assaulted her.
Jurors heard 2 days of evidence from MPD, witnesses at the scene, a DNA expert from the DPS Crime Lab in Lubbock, and a SANE Nurse from Midland Memorial Hospital.
The defendant had a lengthy criminal history, including two prior incarcerations in the Texas Department of Criminal Justice. The defendant’s criminal history enhanced his punishment range to a minimum of 25 years confinement and up to life in prison. Due to the nature of the offense, the defendant must serve at least half of his sentence before the possibility of parole, the release said.
The case was prosecuted by Midland County Assistant District Attorney Katie Hill. McCoy was represented by Scott Layh. The trial was held in the 142nd District Court and presided over by Judge David Rogers.
