Earnest Lynn Ross sat quietly in a courtroom Tuesday listening to his defense attorney call a former friend who set him up for arrest "an evil man" and "the devil himself." Earnest Lynn Ross
Ross, 46, is charged with engaging in organized criminal activity and three counts of being a felon in possession of a firearm. He was arrested during a sting operation June 16, 2008, accused of plotting with three other men to take a 6-foot-tall safe from a house in Plano.
Lead prosecutor Bill Schultz told the jury Monday that the case involved a sting that took place in a parking lot in a part of Dallas that lies in Denton County. Cedric Autrey, one of the co-conspirators in a gang Ross allegedly ran, had agreed to assist Dallas police with information in return for a cap of 15 years on sentencing for numerous crimes he had committed. Dallas officers contacted Denton County Sheriff Benny Parkey about crimes committed in this county, and Parkey committed two specialized units to assist Dallas police.
Dallas officers told Parkey that Ross had threatened to kill him and had bragged that he twice had the sheriff in his gun sights, according to reports at the time. That has not yet come out in testimony, however.
Defense attorney Mic Meyer used his opening statements to demonize the informant, Autrey. He listed a long string of offenses, including 26 home invasion robberies that Autrey either has been convicted of or charged with and questioned the county's willingness to take the word of "this evil man."
"That's who the county put their stock in," Meyer said in the opening statement. "The devil himself."
Ross has an equally long criminal record, including a conviction for capital murder that was later overturned on a technical issue, a conviction for the violent sexual assault of a 14-year-old girl, convictions for aggravated assault, and numerous pending charges in other jurisdictions including attempted capital murder of a police officer and carjacking.
He was convicted in 2008 on federal weapons charges and sentenced to 20 years, which he is to serve after his state sentences are complete.
Sheriff's Lt. David Scott was the first witness. He testified that he was directed by Parkey to meet with Dallas officers and their informant, Autrey. He learned about a planned robbery or burglary, he said, that led him to gather a group of sheriff's investigators and SWAT team members to make a quick arrest, since Ross was considered so dangerous.
Scott, a 40-year law enforcement veteran, was the arresting officer in the burglary-rape case involving a Denton girl in 1981.
He testified that he met several times with Autrey before the 2008 sting operation and learned about a planned burglary that involved a huge safe. He began surveillance on Autrey's Arlington home and watched Ross and another member of the group meet there, he said.
In answer to Schultz's questions, Scott testified that, according to a plan he devised for the sting operation, sheriff's Sgt. Jeff Davis rented a truck equipped with a hydraulic lift and drove it to a large parking lot that June 16. Autrey and co-defendant Courtney Farmer parked across the street, walked over and climbed inside the truck.
Then Ross' silver Mercedes-Benz pulled up with Ross and Devin Stephens inside. Scott said the SWAT team blocked the Mercedes in front and back, and officers surrounded the car and pulled the two suspects out. Officers found in the trunk an assault rifle, two pistols, restraining devices and clothing with police insignias.
Autrey was "fake arrested'' on the charges and later released, Scott said, because of his cooperation in the case.
The following day officers executed a search warrant at Stephens' Denton home, where Ross also was living, and found two shotguns.
They went to the Plano home where the men allegedly planned to take the safe and found a large jewelry safe in the garage and evidence of the planned burglary, Scott said.
Meyer did not take long to grill Scott when his turn came to question him. He asked about the number of burglaries and robberies Autrey had committed.
Probably about a hundred each, the lieutenant said. Meyer asked about policy concerning using an informant and whether he had fully investigated Autrey before taking his word about the impending criminal activities of his friends.
"He was not my informant. He belonged to the Dallas police," Scott said.
"Did you watch him constantly?" Meyer asked.
He was wearing an ankle monitor, Scott said, and then acknowledged at Meyer's insistence that Autrey apparently later slipped out of the monitor to commit other crimes.
Meyer picked at Scott's insistence that he had written a report about the incident and that report was lost in the county's "antiquated" computer system. Davis was the case manager and maintained a large file on the case, but Scott's report was not among the numerous other reports in the book.
"I cannot retrieve it," he said. "I've tried numerous times."
Meyer returned again and again to Autrey.
"Why did you not document him?" Meyer asked.
"Because I did not employ him," Scott said.
Autrey signed an agreement with Dallas police, he said, but the law did not require Scott to make a document as well.
Sheriff's warrants Deputy Brian Wilkerson testified next. In answer to questions from prosecutor Michael Graves, he testified he is a team leader on the SWAT entry team, and he also took photographs of the meeting at Autrey's house. He photographed a computer case Ross was carrying that later was found in the car's trunk and contained a handgun.
Meyer questioned him about the necessity of the SWAT team to break one of the car windows when they surrounded it.
The windows were very dark and it was a safety issue, Wilkerson said. He acknowledged there was no resistance from either of the car's occupants.
The case continues today in 158th District Court.
DONNA FIELDER can be reached at 940-566-6885. Her e-mail address is dfielder@dentonrc.com .
