RAP*D Scout Boy Then Left Him Screaming — Now Wants Probation | Judge Sends Him Straight To Prison

Added: 2026-05-19

[00:00:00]like to know what were you thinking when you were kissing the seven-year-old them if you could kiss their penis? What were you thinking when you were asking them that? When did you make the decision that you were going to kiss the penis kissing them? I'm assuming in the mouth with your tongue. When did court is calling 2020 CR 3796 state of Texas versus Robert Shioalier. Can I have parties announce for the record for the state?

[00:00:24]>> 13 minutes for the state defense.

[00:00:26]>> Jennifer Zarka for Mr. Shioval.

[00:00:28]>> And are you Mr. Shiovalier.

[00:00:29]>> Yes.

[00:00:30]>> All right. You entered a plea to aggravated sexual assault of a child on October 20, 2022. You entered a plea of no contest.

[00:00:41]According to the plea bargain agreement, you all need to whisper in the box.

[00:00:47]According to the plea bargain agreement, uh the state is asking that your punishment be assessed at a cap of 15 years. The state is silent on your application. And of course, there's no complex contact with the complaintants in chapter 62 registration. Have both parties had a chance to review the PSI report?

[00:01:05]>> Yes, your honor.

[00:01:06]>> Yes.

[00:01:06]>> Any objections to the PSI report. State?

[00:01:09]>> No, you're not.

[00:01:09]>> Defense?

[00:01:10]>> No.

[00:01:11]>> All right. The state is silent. Uh, are there witnesses?

[00:01:13]>> Yes, your honor.

[00:01:14]>> All right. You may call your first witness.

[00:01:16]>> Thank you, judge. I would call Pastor Tim Stoer.

[00:01:19]>> All right. Mr. Stoker, would you come forward, please?

[00:01:27]Gentlemen, >> if you could raise your right hand for me, please. Do you solemnly swear affirm the testimony you give will be the truth and nothing but the truth? So, help you God.

[00:01:39]>> All right. You can lower your hand. Make sure you keep your voice up so that court reporter can hear you. If you could state your name for the record, please.

[00:01:45]>> My name is Timothy Stoker.

[00:01:47]>> All right. And how do you spell your last name?

[00:01:48]>> S P O K E R.

[00:01:50]>> All right. Defense.

[00:01:51]>> Thank you, Judge. Pastor Stoker, where are you currently employed? I am pastor at Living Water Fellowship in Pleasanton, Texas.

[00:02:00]>> And is that how you know Mr. Spiral?

[00:02:02]>> I do know him as a member of our church.

[00:02:05]>> Okay. And um how often does he attend church?

[00:02:08]>> Uh we have services regularly, twice a week. He attends those almost always. Uh sometimes with special meetings three or four times a week.

[00:02:17]>> Okay. So, is it fair to say he's a faithful parishioner?

[00:02:20]>> Very much so.

[00:02:21]>> Okay. And um you know why we're here today? It's a sentence. Correct.

[00:02:26]>> Yes, ma'am.

[00:02:26]>> And did you just hear the court read the charge?

[00:02:28]>> I did.

[00:02:29]>> Okay. So, you understand what he has pled to in this case, correct?

[00:02:33]>> Yes.

[00:02:33]>> Okay. And so, I'm asking you today, um, is it your opinion, if the court were to grant his application for deferred community supervision, is it your opinion that he could be successful on that?

[00:02:48]>> I do believe so.

[00:02:49]>> And why? I uh in watching him over been a member of our congregation since around 2015.

[00:02:57]Uh and because of his good report, we have seen no signs of anything that would indicate that he has had any appropriate any appropriate inappropriate contact or behavior with children in our congregation, which we do take seriously. And u as far as communicating with him personally, I do believe that he is pursuing his faith. um his relationship with God and I believe that that contact and communication he would be uh a good candidate for probation.

[00:03:31]>> Is your congregation a supportive environment?

[00:03:35]>> It is a close community. We're not a large congregation. So we're pretty close as a spiritual family and community. And do you believe that continued participation in your congregation would benefit him should the court allow him to be on a deferred community supervision?

[00:03:52]>> I do believe so.

[00:03:54]>> And is there anything else that you would want the court to know today um to help her make her decision?

[00:04:02]>> I um would say that as a minister of course I believe that we all need spiritual uh guidance and assistance in our life.

[00:04:12]Robert has shown a humility, a desire to pursue that, to engage with us uh through this time. I do see him seeking the Lord and I believe his righteousness as well.

[00:04:25]>> In your congregation, again, should the court grant this um would there always be supervision were any children around at the church at services?

[00:04:38]>> Yes. So there would not be opportunity for him to be alone with children.

[00:04:42]>> We are very diligent and try to be very diligent in our campus >> community as well as our even our small groups.

[00:04:53]>> And so once again um could you give your court your opinion? Do you believe that time in custody or time on a deferred probation would better serve Mr. Shioalier?

[00:05:05]I believe as far as us ministering to him um with his spiritual desires and need, his faith would be better served, be able to be on probation and be engaged with me as his pastor, the other leadership of the church as well as the congregation.

[00:05:21]>> And as a pastor, would you commit to assisting him should he be given the opportunity for >> Absolutely.

[00:05:29]>> And and if not, just say the judge decides to go a different way, would you still commit to supporting it?

[00:05:34]>> I will.

[00:05:36]No further questions.

[00:05:37]>> Any questions?

[00:05:38]>> Uh, briefly, um, um, are you aware that some of the allegations in Link's case are directly directed back to meeting the victims at church >> at my congre in my congregation?

[00:05:56]>> I I I just at a church >> at a church. I did attend church with him previous to uh him being a member of my congregation before I was pastor there. Uh so yes, I am aware of that knowledge in that context.

[00:06:10]>> Okay. And and you how long have you been aware of the charges?

[00:06:14]>> Since uh since he called me from the arrest from from the war.

[00:06:19]>> Okay. No further questions.

[00:06:21]>> All right. Thank you. Thank you so much for coming in and thank you for the work that you do.

[00:06:25]>> All right. Defense, call your next witness.

[00:06:27]>> I would call James Valdez. Could you raise your hand for me, please?

[00:06:41]>> Yes, ma'am.

[00:06:42]>> Do you solemnly swear affirm the testimony you give will be the truth and nothing but the truth will help you, God?

[00:06:46]>> Yes, ma'am.

[00:06:46]>> All right. You can lower your hand.

[00:06:47]State your name for the record.

[00:06:49]>> My name is James Valdez.

[00:06:51]>> All right. Defense.

[00:06:52]>> Thank you, Judge. Mr. Valdez, how do you know Mr. Shio?

[00:06:55]>> I am from church. We've been friends for approximately 12 to 13 years.

[00:07:02]>> And so, and again, you know why you're here today?

[00:07:05]>> Yes, ma'am.

[00:07:06]>> And so, I'm ask going to ask some of the same questions. Um, do you believe that Mr. Shabalier and the community would be better served with prison time or a deferred community supervision?

[00:07:21]deferred community supervision is the best route for him and >> and the reason being is that he's already been out. He's not done anything to the best of my knowledge anything wrong. He's lived a good life. Um he's done well. We talk all the time. Um we hang out for Bible study. Um everything he says is is good. We never talk about anything bad or wrong or anything in that nature. At least we're encouraging each other prayer in the word.

[00:07:53]>> So is your relationship and did it come from your church community?

[00:07:59]>> Well, it started there and then we still just kept it going for all these years.

[00:08:04]I've known him since um you know, Valley High and ever since he's moved out to the country um we've been just friends um for a long time and I've known his kids for just forever. I mean since they were like small and stuff and so it's been really loving and I tell you what I thought his wife the family are very nice.

[00:08:25]>> Do you believe that his family is a environment for him? Should the court grant a deferred community supervision?

[00:08:33]>> Oh very much so. The family's wonderful everybody.

[00:08:38]>> And um you talked about him. Do you also believe do you believe there would be any safety issues for the community should grant the community supervision?

[00:08:49]>> There's no safety issues at all. I've never known Robert to be, you know, to be an issue in that area at all. He's always been safe. He's been kind. He's always helpful.

[00:09:03]>> Do you believe he's a productive member of society?

[00:09:06]>> Very much so.

[00:09:07]and um he called you an accountability coach. Would you tell the court what that?

[00:09:13]>> Well, in terms of accountability coach, we're we are accountable to each other.

[00:09:18]I mean, we we read the word, we go through questions, we ask about our families, you know, how we're doing in terms of reading the Bible, living our lives, how we're doing within the community, what have you. And so we really are focused on trying to live a good life. Um, and we've been doing this for years.

[00:09:41]>> And so should he be granted the deferred community supervision, would you be supportive of him in that venture?

[00:09:48]>> Oh, very much so.

[00:09:50]>> And do you believe he could complete it successfully?

[00:09:53]>> Oh, very much so.

[00:09:54]>> Is there anything else you want the court to know today?

[00:10:00]I've known Robert for 12 to 13 years and he's been wonderful and I loved his family. They've been really good. I mean, even knowing his parents until they passed. Um, just wonderful. They've been kind. They help others in the community. But then they um are really involved and they I will I only have known them as doing a lot of volunteer work and doing a lot of voling for others literally.

[00:10:29]I'll pass the witness your honor.

[00:10:30]>> Thank you.

[00:10:30]>> Any questions? No questions.

[00:10:32]>> All right. Thank you so much for coming in and giving me more information about him.

[00:10:37]>> Thank you very much.

[00:10:38]>> Thank you. You can call your next witness.

[00:10:39]>> One further witness, judge. I would call Jennifer.

[00:10:51]>> All right. If you can raise your right hand for me, please.

[00:10:55]Do you slely swear affirm the testimony you give will be the truth and nothing but the truth. So help you God.

[00:11:01]>> All right. So you can lower your hand.

[00:11:02]I'm going to need you to speak up because the court reporter is trying to hear.

[00:11:05]>> Oh, okay.

[00:11:05]>> All right. And to make it easier because I think your voice is low. Uh if you can move right there.

[00:11:12]>> Right here.

[00:11:13]>> Yes. Okay.

[00:11:14]>> No. No. A little bit closer.

[00:11:15]>> Okay.

[00:11:16]>> Thank you. Right there.

[00:11:18]>> Can you state your name for the record, please?

[00:11:20]>> Um I'm Jennifer Shabay.

[00:11:23]>> All right. Uh, you may ask your questions.

[00:11:25]>> Thank you, Judge. And how do you know Robert?

[00:11:28]>> Well, I've been married to Robert for 21 years and we've known each other for 22.

[00:11:34]>> And how many children do you have?

[00:11:36]>> We have two. We have my stepson. And then we have our son together.

[00:11:41]>> And how old are your children?

[00:11:43]>> Uh, 26 and 20.

[00:11:45]>> And um, are they here today?

[00:11:46]>> Yes.

[00:11:46]>> Both your sons are here in the gallery.

[00:11:48]Is that right?

[00:11:49]>> And his wife and his fiance.

[00:11:51]>> Okay. And so, um, is it fair to say there are quite a few supporters here for Robert today?

[00:11:56]>> Yes. His brother's here, too.

[00:11:57]>> Right. And so, um, the family that's here, do you believe if the court were to grant the deferred supervision, do you think the family would be supportive of Robert?

[00:12:07]>> Yes.

[00:12:09]>> And do you think everyone in the family would assist him in getting through the requirement of such a probation?

[00:12:15]>> Yes.

[00:12:16]And as his wife who may be a little biased that do you believe Robert could successfully complete that? Yes, I do.

[00:12:25]And tell the court why.

[00:12:27]Oh, well um my husband I've been by his side all this time and I know that he is a man of character.

[00:12:38]Um I know he loves me. I know he loves God. I know that he would he would do it for me and for God that he would uh want to do the right thing because he's always wanting to help people and um that's how this situation happened. But anyway, that he want to help people and love people and think he wants to to difference and with terms of a community supervision like this there is some intensive therapy and things required.

[00:13:17]Are you aware of that?

[00:13:18]>> Yes.

[00:13:19]>> Okay. And so knowing that, do you believe that Robert would be committed to doing those things?

[00:13:25]>> Yes. And do you believe a deferred community supervision is a better way to treat this than sending him to prison and and tell the court why?

[00:13:39]>> Well, um he would have the support of his church and me um that I would help help him work through whatever issues maybe be struggling with. Um, he also has some health issues. I think if he were in prison, um, he would decline. Um, he has a heart and lung issues.

[00:14:06]Um, that's my main concern that I don't think that would be a supportive environment with his health issues. Does he regularly seek medical care?

[00:14:18]>> Oh, yes. And so does he how frequently would you say he seeks medical attention?

[00:14:23]>> Um well he has a cardiologist that he sees I think every six months and he has a abologist that he see he's on a CPAP machine and then he uses inhalers and nebulizers.

[00:14:49]Okay. And so today, um, can you tell the court that you believe he would successfully complete a deferred community supervision should she grant it?

[00:15:00]>> Yes.

[00:15:02]>> And you're fully confident of that?

[00:15:04]>> Yes.

[00:15:05]Is there anything else you want the court to know today before she makes a decision that uh I love my husband very much and I'm just going to try to be there for him and support him in whatever faculties that he needs.

[00:15:23]Um whatever it takes, whatever it's it's obviously it's in your hands. So it's whatever you grant for him. I I think that um that he and I uh will work through this together with God's help.

[00:15:41]>> Any questions?

[00:15:42]>> Uh just briefly, um you said you've been married for 21 years. Um when did you start dating before you were married? We started dating [clears throat] February.

[00:16:01]I have a bad memory.

[00:16:03]Um, we dated for a year before we got married.

[00:16:08]>> Okay.

[00:16:09]>> Okay. Yeah. Was it here in Fair County?

[00:16:12]>> Yes.

[00:16:15]>> Well, no, in Temple Temple, Texas. Okay, I'm sorry.

[00:16:20]>> Yes, >> that's okay. That's okay. It was in temple. Okay, thank you. I'll pause.

[00:16:26]>> All right. Thank you so much for coming and giving me some more insight. Thank you. Any other witnesses?

[00:16:33]>> Mr. Shabal, is there anything that you would want to say in the court? And before you say it, the court would have to swear you.

[00:16:41]>> All right. Can you raise your right hand? Do you summarize it?

[00:16:46]>> Yes, sir.

[00:16:47]>> All right. You can lower your head.

[00:16:48]State your name for the record.

[00:16:49]>> Robert Shiovay.

[00:16:51]>> Okay. What would you like to say to the court?

[00:16:58]>> I believe that I can complete the every I will complete every aspect of probation if granted.

[00:17:05]>> Um I'm at your mercy.

[00:17:12]We just pray that you have given me grace so that we have this opportunity to re redirection my paths.

[00:17:22]>> Okay. All right. I have a couple of questions for you.

[00:17:26]>> How old were the complaintants in this case?

[00:17:28]>> Um one was he was a year older than my son and I think he was like 14 15.

[00:17:36]>> The other >> um seven or eight.

[00:17:39]>> All right. So, with regards to the seven or eight year old, I've read the PSI report. I would like to know what were you thinking when you were kissing the seven-year-old.

[00:17:54]>> I'm not exactly sure what I was thinking. I just know I was in a downward spiral with stress.

[00:18:01]Um, >> so are you doing it to relieve stress?

[00:18:07]>> Possibly.

[00:18:08]>> All right. And if you were doing that to relieve stress, did you do the same with your child and your stepchild?

[00:18:13]>> No ma'am.

[00:18:14]>> Why not?

[00:18:23]>> My voice.

[00:18:24]>> Oh, okay. But these were two complainants that your wife testified to that you were helping, >> right?

[00:18:32]>> All right. And then uh one of them said that you asked them if you could kiss their penis. What were you thinking when you were asking them that?

[00:18:50]>> I don't think I was thinking about it.

[00:18:52]And according to what I'm what I've read and I always read the PSI report and I always read the plea agreement and the stipulations that this was going on for a period of time. Right.

[00:19:05]>> That's right.

[00:19:05]>> So each time these children were invited to your home or asked to come to your home, were you getting excited at the prospect of touching them?

[00:19:21]>> No.

[00:19:22]So, how did you formulate, okay, these two boys come over to your house. I'm assuming they want to play with your boys. They're spending a night or whatever they're doing. When did you make the decision that you were going to kiss the penis, kissing them, I'm assuming, in the mouth with your tongue?

[00:19:40]When did that formulate in your mind that you're going to do this? And what were your other children doing at the time? Your stepson and your other son?

[00:19:55]I'm not really sure how to answer that, your honor. I >> All I know is I was not in my right mind. Basically, I wasn't thinking.

[00:20:05]>> But how are you not thinking?

[00:20:07]>> I wasn't thinking about the consequences of what?

[00:20:10]>> But no, I'm I'm like, how are you not thinking about these two children?

[00:20:14]because they're not your biological children, but you're thinking about your biological children and your stepchild as these are my children. So, I'm not going to touch them to put them through that trauma. I'm just trying to understand where you're coming from so I can make a informed decision on whether or not I should send you to prison.

[00:20:35]>> I don't know how to answer that.

[00:20:38]>> All right. Because what I'm reading here, it says, "While in his friend's home, the defendant would attempt to kiss him, but he would always walk away or move his head. On one occasion, the defendant grabbed his arm after he exited the bathroom and attempted to kiss him. On some occasions, the defendant was able to kiss him on the lips by grabbing his chin and holding the back of his neck. The defendant would also attempt to place the defendant's hand inside of his pants, but he was able to stop this by tightening his belt. The defendant only touched the side of his thigh outside of his underwear. The defendant also pinched him when he was wearing pajamas.

[00:21:10]And of course, it goes on and on about you rubbing his buttocks, grabbing his buttocks. Um, he believes this because the he said the defendant also attempted to kiss his buttocks and penis. He believes this because the defendant would be on his knees in front of him and attempt to pull down his pants.

[00:21:33]So, here's my question for you. I know you want deferred adjudication, but why should I give you deferred adjudication?

[00:21:48]>> I believe I can do better.

[00:21:50]>> Well, I mean, everybody everybody over there in the box believes they can do better.

[00:21:54]>> And I want to be able to give to the community I've taken. And I want to be able to give and to be able to serve and to just be a better member of society.

[00:22:14]>> And what trouble do you think you've caused the complaintants in this case?

[00:22:17]How do you think they're doing today?

[00:22:20]>> I pray they're doing good, but I don't know. I'm sure they have some some issues.

[00:22:26]>> Okay. Any questions to thanks?

[00:22:31]You said you want to do better.

[00:22:35]Can you tell the court you would proactively do anything that's asked of you on a community supervision should it be granted?

[00:22:44]>> Absolutely.

[00:22:46]>> Any counseling?

[00:22:47]>> Any counseling? Anything.

[00:22:52]>> And would you seek the help of all the people that are here to support you today?

[00:22:56]>> Absolutely.

[00:22:58]And is anything like this ever going to happen again?

[00:23:01]>> No.

[00:23:03]>> That's all the And are you asking the court to grant your application for deferred community supervision?

[00:23:08]>> Yes, I am asking for >> another question.

[00:23:13]>> Um Mr. Shabali, how long was your probation in your previous case?

[00:23:18]>> Five years.

[00:23:19]>> And who was the victim in that case?

[00:23:22]>> Um it was a boy scout.

[00:23:26]>> No further questions. Just very briefly, were you also a boy scout at the time?

[00:23:30]>> Yes, sir.

[00:23:31]>> And there was some four or five years age difference. Is that right?

[00:23:34]>> Yes, sir.

[00:23:35]>> Okay. But you were also a boy scout at the time?

[00:23:37]>> Yes.

[00:23:38]>> No further questions, judge.

[00:23:39]>> All right. Anything else?

[00:23:40]>> No.

[00:23:41]>> All right. This is what the court is going to do.

[00:23:44]>> Oh, the court's going to find you guilty, sentence you to 15 years in the prison, give you credit for any time served. There's a $1,500 fine. Time and money run concurrent. There should be no contact with the complaintants or the complainant's family. showing you what's entitled trial court certification of defendants's rights to appeal. Did you review that with your attorney? Did you understand it and did you sign it?

[00:24:03]>> Yes, sir.

[00:24:04]>> Because this is a plea bargain agreement. Because I followed your plea bargain agreement and because you wave your right to appeal, you do not have the court's permission to appeal. Do you understand?

[00:24:12]>> Yes, sir.

[00:24:12]>> Because this is a felony conviction, you're not allowed to own or possess any weapons or ammunition. If you have question what a weapon or ammunition is, you'll need to speak to an attorney. And the chapter 62 registration is for life.

[00:24:24]All right. Good luck to you.

[00:24:26]>> Thank you, Miss Sarka.

[00:24:28]>> In the end, the courtroom stopped listening to explanations and started focusing only on reality. Every attempt to justify what happened collapsed under the weight of the testimony, the PSI report, and the judge's direct questions. There were no more comfortable answers left, no more ways to soften what had already been laid out in detail. The room didn't need interpretation anymore. It needed accountability.

[00:24:56]The judge's words cut through every excuse, forcing the defendant to confront the full impact of his actions, not just on paper, but in human terms.

[00:25:06]What remained was not confusion, not misunderstanding, but consequences.

[00:25:12]And when the sentence was finally delivered, it landed with the weight of everything that had been said before it.

[00:25:18]For the victims, for the families, and for everyone watching, the message was clear. The courtroom does not forget and it does not look away when the truth finally comes out.