Retired Corpus Christi Police Officer Tommy Cabello who was sentenced to prison for beating his wife over 17 years is asking a judge to pull him from prison.
On July 1, Cabello was found guilty of continuous violence against a family member, tampering with evidence and witness tampering. On July 2, District Court Judge Inna Klein gave Cabello the maximum sentence of 10 years in prison. According to court documents, three days after he was sentenced, Cabello's attorney filed a motion asking that he instead receive shock community supervision, which is better known as shock probation.
Shock probation is a provision in the Texas Code of Criminal Procedure that allows a court to maintain jurisdiction over a case after a defendant has been sentenced to either county jail or the Texas Department of Criminal Justice Institutional Division. The motion filed states that Cabello would not benefit from further incarceration. Therefore, Cabello is requesting the court impose a period of community supervision.
During his trial, Cabello's ex-wife Tina testified that the verbal and physical abuse began in 2002. She recalled at least one incident where Cabello pointed an unloaded gun to her head.
During Cabello's punishment phase, Tina Cabello asked the judge to send Cabello to prison because she wouldn't feel safe if he was placed on probation. Their 15-year old autistic son also testified that he too feared for his safety.
So far, a hearing has not been scheduled to hear Cabello's motion. In the meantime, Cabello remains in the Nueces County Jail. Jail officials say there's no word on when or where he'll be transported to a state prison. They say the state notifies them when a facility has an open bed.