From: Penny Clarkston

To: Janessa Deleon

Subject: FW: 241-0922-19

Date: Thursday, August 5, 2021 9:54:38 PM

Would you see if you can find this? Thanks.

From: Denise Langston 

Sent: Thursday, August 5, 2021 2:26 PM

To: Penny Clarkston <PClarkston2@smith-county.com>; Gina McClung <GMcClung@smithcounty.com>

Cc: Meghan Willis <MWillis@smith-county.com>; Melissa Wilgus <MWilgus@smith-county.com>

Subject: 241-0922-19

CAN YOU PLEASE LOCATE THIS FILE AND EXPEDITE THE PEN PACKET. He was sentenced on July 8th

and is time served.

JACK SKEEN, JR., Judge

DENISE LANGSTON | Court Administrator | 241st District Court | 903.590.1634

1

Case 6:23-cv-00344-JDK Document 1-2 Filed 07/11/23 Page 1 of 14 PageID #: 83
From: Terry Morrow

To: Penny Clarkston

Subject: FW: Byrd, Demarcus Lane SID# 08864266

Date: Wednesday, December 8, 2021 2:44:15 PM

From: Yvonne Mills <Yvonne.Mills@tdcj.texas.gov>

Sent: Wednesday, December 8, 2021 2:44:06 PM (UTC-06:00) Central Time (US & Canada)

To: Terry Morrow <TMorrow@smith-county.com>

Subject: RE: Byrd, Demarcus Lane SID# 08864266

***** This is an email from an EXTERNAL source. DO NOT click or open links, or open

attachments without positive sender verification. NEVER enter USERNAME, PASSWORD or any

other sensitive information on linked pages from this email. ***** 

Do you have a phone number for the person that handles that at the Sheriff’s office?

From: Terry Morrow <TMorrow@smith-county.com> 

Sent: Wednesday, December 8, 2021 2:40 PM

To: Yvonne Mills <Yvonne.Mills@tdcj.texas.gov>

Cc: Daniel R. Custer <DCuster@smith-county.com>; Sandra E. Harris <SHarris@smith-county.com>;

Marsha Smith <MSmith@smith-county.com>

Subject: RE: Byrd, Demarcus Lane SID# 08864266

CAUTION: This email was received from an EXTERNAL source, use caution when clicking links or

opening attachments.

If you believe this to be a malicious and/or phishing email, please contact the Information Security

Office (ISO).

Here is a copy of that judgment.

The jail picked up that penpack on 11.29.2021.

Once it leaves the District Clerk’s office it is in the hands of the sheriff’s department.

Penny Clarkston,

Smith County District Clerk

By:/s/Terry Morrow

2

Case 6:23-cv-00344-JDK Document 1-2 Filed 07/11/23 Page 2 of 14 PageID #: 84
Terry Morrow, 114th/Appeals Deputy Clerk

100 N. Broadway, Room 204

Tyler, Texas 75702

903-590-1679

tmorrow@smith-county.com

From: Yvonne Mills [mailto:Yvonne.Mills@tdcj.texas.gov] 

Sent: Wednesday, December 8, 2021 2:29 PM

To: Terry Morrow <TMorrow@smith-county.com>

Subject: RE: Byrd, Demarcus Lane SID# 08864266

***** This is an email from an EXTERNAL source. DO NOT click or open links, or open

attachments without positive sender verification. NEVER enter USERNAME, PASSWORD or any

other sensitive information on linked pages from this email. *****

Do you have any update on this pen packet?

From: Terry Morrow <TMorrow@smith-county.com> 

Sent: Wednesday, November 17, 2021 9:55 AM

To: Yvonne Mills <Yvonne.Mills@tdcj.texas.gov>

Subject: RE: Byrd, Demarcus Lane SID# 08864266

CAUTION: This email was received from an EXTERNAL source, use caution when clicking links or

opening attachments.

If you believe this to be a malicious and/or phishing email, please contact the Information Security

Office (ISO).

It is in the stack ready to be picked up.

From: Yvonne Mills [mailto:Yvonne.Mills@tdcj.texas.gov] 

Sent: Wednesday, November 17, 2021 8:59 AM

To: Terry Morrow <TMorrow@smith-county.com>

Subject: Byrd, Demarcus Lane SID# 08864266

3

Case 6:23-cv-00344-JDK Document 1-2 Filed 07/11/23 Page 3 of 14 PageID #: 85
***** This is an email from an EXTERNAL source. DO NOT click or open links, or open

attachments without positive sender verification. NEVER enter USERNAME, PASSWORD or any

other sensitive information on linked pages from this email. *****

Will you please send me the pen packet for the above offender on cause# 007-0342-21 Ct 1? Parole

is waiting for it.

Thank you,

Yvonne Mills

TDCJ Classifications and Records

State Ready

936-437-6445

4

Case 6:23-cv-00344-JDK Document 1-2 Filed 07/11/23 Page 4 of 14 PageID #: 86
From: Daniel R. Custer

To: Marsha Smith

Subject: FW: Commitment - Pen Packet - Oneal, Staci (SO# 161595)

Date: Friday, April 30, 2021 2:20:00 PM

Attachments: Outlook-no1clkpx.png

Sentenced back in March, but her custody status still showing pre-trial. Not sure if/when pen pack

was sent.

From: William Phariss 

Sent: Friday, April 30, 2021 2:18 PM

To: Daniel R. Custer <DCuster@smith-county.com>

Subject: Commitment - Pen Packet - Oneal, Staci (SO# 161595)

Can you verify if a pen packet has been sent to TDCJ?

William T. Phariss

Captain

Smith County Sheriff's Office

Cell: 903-952-3992

Office: 903-590-2809

Fax: 903-590-2882

Email: wphariss@smith-county.com

5

Case 6:23-cv-00344-JDK Document 1-2 Filed 07/11/23 Page 5 of 14 PageID #: 87
From: Daniel R. Custer

To: Terry Morrow

Subject: FW: MARTIN,WAYNE #05828137

Date: Thursday, July 8, 2021 10:11:18 AM

Any chance there’s a pen pack laying around up there for Wayne Martin (114-1245-19). Or maybe

know someone that may know?

From: Channon Clayton 

Sent: Thursday, July 8, 2021 9:41 AM

To: Daniel R. Custer <DCuster@smith-county.com>

Subject: FW: MARTIN,WAYNE #05828137

From: Rosa Beltran <Rosa.Beltran@tdcj.texas.gov> 

Sent: Thursday, July 8, 2021 9:39 AM

To: Channon Clayton <CClayton@smith-county.com>

Subject: MARTIN,WAYNE #05828137

***** This is an email from an EXTERNAL source. DO NOT click or open links, or open

attachments without positive sender verification. NEVER enter USERNAME, PASSWORD or any

other sensitive information on linked pages from this email. *****

RE: MARTIN,WAYNE DALE JR #05828137

CAUSE #114-1245-19

Good morning,

requesting assistance obtaining a pen packet for the offender above. Fax was received

07/07/21; however, required documents are needed to process offender's intake. If you have

any further questions, please feel free to contact me.

Respectfully,

Rosa Beltran

Admin Asst. III

State Ready

Classification & Records

(936)437-6478

6

Case 6:23-cv-00344-JDK Document 1-2 Filed 07/11/23 Page 6 of 14 PageID #: 88
From: Daniel R. Custer

To: Sandra E. Harris

Subject: FW: Willhite, Zabrina

Date: Tuesday, November 23, 2021 9:57:33 AM

From: Katie Pegoda [mailto:KATIE.PEGODA@tdcj.texas.gov] 

Sent: Tuesday, November 23, 2021 9:39 AM

To: Marsha Smith <MSmith@smith-county.com>; Blair Edmonds <BEdmonds@smith-county.com>

Cc: Daniel R. Custer <DCuster@smith-county.com>

Subject: Willhite, Zabrina

***** This is an email from an EXTERNAL source. DO NOT click or open links, or open

attachments without positive sender verification. NEVER enter USERNAME, PASSWORD or any

other sensitive information on linked pages from this email. *****

Do you have a copy of the pen packet for the above inmate? Her father keeps calling every 15

minutes.

Katie Pegoda

Program Supervisor I

Admissions

Classification & Records

Phone: 936-437-6236

Fax: 936-437-8788

7

Case 6:23-cv-00344-JDK Document 1-2 Filed 07/11/23 Page 7 of 14 PageID #: 89
From: Daniel R. Custer

To: Penny Clarkston

Cc: Marsha Smith; Marvin Martin; John Shoemaker; Sandra E. Harris

Subject: Pen Pack Meeting

Date: Wednesday, December 22, 2021 11:37:24 AM

Good morning, Mrs. Clarkston;

This is Lieutenant Daniel Custer over at the jail. I was formerly the supervisor over commitments, but

as a lieutenant, I am still accountable for the commitments division. You have no doubt seen me

sneaking around the office stealing pen packs on occasion.

Recently, we’ve had some trouble communicating effectively with TDCJ. I’m unaware of any recent

changes in your office as to what documents are sent directly to TDCJ, but historically, entire pen

packs are sent to us, the Sheriff’s Office, and are then completed with our two forms and sent to

TDCJ Admissions/Huntsville. However, TDCJ is emailing us daily about receiving only partial

documents or packets, and they’re telling us that the district clerks are sending them. However, we

run into issues where either TDCJ or the clerks here are telling us that the pen pack was sent to us.

TDCJ has been receiving judgements and other forms directly from the clerks, but asking us for pen

packs that we have yet to receive.

To be clear, I have no issues whatsoever with any of your clerks or your office. I operate under the

assumption that they are acting under guidelines given to them. It would seem TDCJ, though, upon

receiving a single item from your office, is expecting us to automatically have the entire pen packet

ready to go.

I know the holidays are not the ideal time for such a request, but would it be possible in the near

future to schedule a casual “meet-and-greet” between a few of our staff to discuss any changes or

new processes so we may better serve the community? (I’m certain your clerks receive hundreds of

calls from families just as we do in reference to this.)

I do appreciate your time and consideration. Have a great holiday weekend!

Daniel Custer, Lieutenant

Smith County Sheriff’s Office

104 S. Spring St.

Tyler, TX 75702

(903) 590-2888

“When you do the right thing, people won’t be sure you’ve done anything at all...”

8

Case 6:23-cv-00344-JDK Document 1-2 Filed 07/11/23 Page 8 of 14 PageID #: 90
From: John Shoemaker

To: Brittney Losack

Subject: RE: Email Address

Date: Friday, January 28, 2022 4:59:00 PM

Well I think I emailed you prematurely sorry to bother you we got it worked out. Thank you

From: Brittney Losack [mailto:Brittney.Losack@tdcj.texas.gov] 

Sent: Friday, January 28, 2022 4:51 PM

To: John Shoemaker <jshoemaker@smith-county.com>

Subject: RE: Email Address

***** This is an email from an EXTERNAL source. DO NOT click or open links, or open

attachments without positive sender verification. NEVER enter USERNAME, PASSWORD or any

other sensitive information on linked pages from this email. *****

He is not in our system – when did his pen packet get submitted?

From: John Shoemaker <jshoemaker@smith-county.com> 

Sent: Friday, January 28, 2022 4:31 PM

To: Brittney Losack <Brittney.Losack@tdcj.texas.gov>

Subject: RE: Email Address

 

 

CAUTION: This email was received from an EXTERNAL source, use caution when clicking links or

opening attachments.

If you believe this to be a malicious and/or phishing email, please contact the Information Security

Office (ISO).

 

 

Can I get your help on a possible release? Dustin Walker SID 07884229 was sentenced to 10 months

State Jail and should already be time served. Can you look at this and let me know what you find

out? 

From: Brittney Losack [mailto:Brittney.Losack@tdcj.texas.gov] 

Sent: Friday, January 28, 2022 9:50 AM

To: John Shoemaker <jshoemaker@smith-county.com>

Subject: RE: Email Address

***** This is an email from an EXTERNAL source. DO NOT click or open links, or open

attachments without positive sender verification. NEVER enter USERNAME, PASSWORD or any

other sensitive information on linked pages from this email. *****

9

Case 6:23-cv-00344-JDK Document 1-2 Filed 07/11/23 Page 9 of 14 PageID #: 91
From: Terry Morrow

To: Penny Clarkston

Subject: FW: Pen Pack Folder

Date: Wednesday, February 16, 2022 12:38:26 PM

From: Melissa Wilgus <MWilgus@smith-county.com>

Sent: Wednesday, February 16, 2022 12:38:21 PM (UTC-06:00) Central Time (US & Canada)

To: James R. Jackson <JJackson2@smith-county.com>; Keith January <KJanuary@smith-county.com>;

Marsha Smith <MSmith@smith-county.com>; Marvin Martin <MMartin@smith-county.com>; Daniel R.

Custer <DCuster@smith-county.com>; Penny Clarkston <PClarkston2@smith-county.com>; April Fox

<AFox@smith-county.com>; Terry Morrow <TMorrow@smith-county.com>; Meghan Willis

<MWillis@smith-county.com>; Brandi Williams <BWilliams@smith-county.com>; Racheal Shirley

<RShirley@smith-county.com>; Marilu Martinez <MMartinez@smith-county.com>; Christopher Gatewood

<CGatewood@smith-county.com>; Lorri Robertson <LRobertson@smith-county.com>

Subject: Pen Pack Folder

Good afternoon everyone,

Okay, so by now Ty with IT should have given everyone who needs it access to the new pen

pack drive, and I believe we are ready to do a test run. The folders in the drive are set up slightly

different from our discussion yesterday, so let me take a moment to explain.

· When your trigger happens, and you have pen pack information complete and ready to

go, you will drop it into your office’s folder in the pen pack drive.

· Label each PDF with the offender’s name and cause number(s), or in the jail’s case, the

SID number if you do not have a cause number.

· That information will then be moved out of your folders as Lorri assembles the pen

packet. She will make an individual folder for each offender, and once the completed

pen pack has been submitted to TDC, she will move the person to the Sent Pen Packs

folder.

I believe this workflow will be the most beneficial and smooth for everyone, but please feel free

to let me know if you think something needs to be adjusted. If possible, we’d love to do a test

run this afternoon.

Thank you!

Missy Wilgus

Smith County District Attorney's Office

100 N. Broadway Ave. - 4th Floor

Tyler, Texas 75702

Telephone: (903) 590-1720

Fax Number: (903) 590-1719

This message and any attachments are solely for the individual(s) named above, and others who have been specifically authorized to receive

10

Case 6:23-cv-00344-JDK Document 1-2 Filed 07/11/23 Page 10 of 14 PageID #: 92
From: Larry Smith

To: Thomas Wilson

Cc: Marvin Martin; John Shoemaker; Keith January; Terry Phillips; Marsha Smith; Heather McCarver; Daniel R. Custer

Subject: Re: Letter - Lisa Peters SO# 192073

Date: Tuesday, March 22, 2022 6:31:26 PM

Attachments: FW Lisa Marie Peters.msg

Captain Martin,

Check on this and let me know ASAP what we were waiting on since 11/22/2021 for the pen

packet to be submitted to TDC.

Thanks,

Larry R. Smith

Sheriff

Smith County Sheriff’s Office

227 North Spring Avenue

Tyler, Texas 75702

(903)590-2720

On Mar 22, 2022, at 11:52 AM, Thomas Wilson <TWilson@smith-county.com>

wrote:

Please see the attached email we just received from TDCJ regarding this inmate.

Sincerely, 

Thomas Wilson

Assistant District Attorney

Civil Division 

100 N. Broadway Avenue, 4th Floor

Tyler, Texas 75702

P: (903) 590-4629

F: (903) 590-4647

This message and any attachments are solely for the individual(s) named above

and others who have been specifically authorized to receive such and may contain

information which is confidential, privileged or exempt from disclosure under

applicable law. If you are not the intended recipient, any disclosure, copying, use

or distribution of the information included in this message and any attachments is

strictly prohibited. If you have received this communication in error, please notify

us by reply e-mail and immediately and permanently delete this message and any

attachments.

-----Original Message-----

From: Thomas Wilson 

Sent: Tuesday, March 22, 2022 11:38 AM

11

Case 6:23-cv-00344-JDK Document 1-2 Filed 07/11/23 Page 11 of 14 PageID #: 93
To: Marvin Martin <MMartin@smith-county.com>; John Shoemaker

<jshoemaker@smith-county.com>; Larry Smith <LSmith@smith-county.com>;

Keith January <KJanuary@smith-county.com>

Cc: Terry Phillips <TPhillips@smith-county.com>; Marsha Smith

<MSmith@smith-county.com>; Heather McCarver <HMcCarver@smithcounty.com>; Daniel R. Custer <DCuster@smith-county.com>

Subject: RE: Letter - Lisa Peters SO# 192073

Thanks. As I understand we are waiting on jail staff to finalize the pen pack so

she can be paper ready. We have also communicated with TDCJ, who has stated

that all they need is a pen pack from the jail and she will be on the list. The

records provide that the Clerk sent the Pen Pack to the Jail on 11/22/2021, and

was acknowledged received on 11/29/2021. Hopefully, we can all work together

to make sure that we can get inmates paper ready, so that when TDCJ does decide

to pick them we will not be rushing to complete paperwork. It may be a good idea

to see how many inmates are in the same status as Ms. Peters, i.e. being held out

of County awaiting Pen Pack completion. Please feel free to reach out to me if

you have any question. 

Sincerely, 

Thomas Wilson

Assistant District Attorney

Civil Division 

100 N. Broadway Avenue, 4th Floor

Tyler, Texas 75702

P: (903) 590-4629

F: (903) 590-4647

This message and any attachments are solely for the individual(s) named above

and others who have been specifically authorized to receive such and may contain

information which is confidential, privileged or exempt from disclosure under

applicable law. If you are not the intended recipient, any disclosure, copying, use

or distribution of the information included in this message and any attachments is

strictly prohibited. If you have received this communication in error, please notify

us by reply e-mail and immediately and permanently delete this message and any

attachments.

-----Original Message-----

From: Marvin Martin <MMartin@smith-county.com> 

Sent: Tuesday, March 22, 2022 9:07 AM

To: Thomas Wilson <TWilson@smith-county.com>; John Shoemaker

<jshoemaker@smith-county.com>

Cc: Terry Phillips <TPhillips@smith-county.com>; Marsha Smith

<MSmith@smith-county.com>; Heather McCarver <HMcCarver@smithcounty.com>; Daniel R. Custer <DCuster@smith-county.com>

Subject: RE: Letter - Lisa Peters SO# 192073

Unfortunately we don't have control over the available female beds at TDCJ. I

12

Case 6:23-cv-00344-JDK Document 1-2 Filed 07/11/23 Page 12 of 14 PageID #: 94
will have someone reach out to TDCJ to see if she can be expedited.

MARVIN MARTIN

JAIL OPERATIONS

CAPTAIN

903-590-2844 (office)

-----Original Message-----

From: Thomas Wilson <TWilson@smith-county.com> 

Sent: Tuesday, March 22, 2022 9:03 AM

To: Marvin Martin <MMartin@smith-county.com>; John Shoemaker

<jshoemaker@smith-county.com>

Cc: Terry Phillips <TPhillips@smith-county.com>

Subject: Letter - Lisa Peters SO# 192073

Please see the attached letter sent to Commissioner Phillips regarding Lisa Peters.

I appears she is waiting to be sent to TDCJ.

Thanks,

Thomas Wilson

Assistant District Attorney

Civil Division 

100 N. Broadway Avenue, 4th Floor

Tyler, Texas 75702

P: (903) 590-4629

F: (903) 590-4647

This message and any attachments are solely for the individual(s) named above

and others who have been specifically authorized to receive such and may contain

information which is confidential, privileged or exempt from disclosure under

applicable law. If you are not the intended recipient, any disclosure, copying, use

or distribution of the information included in this message and any attachments is

strictly prohibited. If you have received this communication in error, please notify

us by reply e-mail and immediately and permanently delete this message and any

attachments.

-----Original Message-----

From: xerox@smith-county.com <xerox@smith-county.com> 

Sent: Tuesday, March 22, 2022 8:51 AM

To: Thomas Wilson <TWilson@smith-county.com>

Subject: Scanned from a Xerox Multifunction Printer

Please open the attached document. It was scanned and sent to you using a Xerox

Multifunction Printer.

Attachment File Type: pdf, Multi-Page

13

Case 6:23-cv-00344-JDK Document 1-2 Filed 07/11/23 Page 13 of 14 PageID #: 95
Multifunction Printer Location: 

Device Name: XRX9C934E94290D 

For more information on Xerox products and solutions, please visit

http://www.xerox.com

14

Case 6:23-cv-00344-JDK Document 1-2 Filed 07/11/23 Page 14 of 14 PageID #: 96