Canton man sentenced to prison after breaking Upshur County deputy's nose

Canton man sentenced to prison after breaking Upshur County deputy's nose

UPSHUR COUNTY, TX (KLTV) - An East Texas man has been sentenced to 15 years in prison for assaulting an Upshur County deputy.

Brian Leslie Walters, 40, of Canton, was handed his sentence today under a plea bargain agreement. Prior to jury selection, Walters pled guilty and was sentenced to prison.

On April 15, 2017, Upshur County Deputy Josh Lambert was dispatched to the Midway Truck Stop located North of Gilmer on Highway 271 after a call came in about a man running out into traffic.

Lambert arrived on scene and found Walters behind the truck stop. Walters was arrested for public intoxication. At the jail, Walters refused to exit the patrol car and began to fight Lambert. Walters struck Lambert in the nose with his head, fracturing Lambert's nose. Lambert ultimately had to have surgery to repair his broken nose. Lambert did fully recover from his injury.

Walters was indicted for what is normally a third-degree felony of Assault against a Public Servant with a maximum sentence of 10 years in prison. However, because the defendant had previously been sent to prison in 2003 out of Van Zandt County for Burglary of a Habitation, the punishment range increased to a maximum of 20 years in prison because the State sought enhanced punishment.

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