A former Kempner mayor pleaded no contest Monday to a charge of indecent assault.
Keith Lanard Harvey, 52, appeared in the 27th District Court of Lampasas County, where he entered a plea of no contest to the charge and was sentenced to one-year deferred adjudication probation with a court fine of $3,417. “I’m somewhat glad he’s somewhat accepted responsibility finally,” said Lampasas County Special Prosecutor John Greenwood.
Greenwood said he’s not entirely surprised that Harvey pleaded no contest in the case, especially considering a solid victim’s statement.
“The young lady made a very good witness. Her statement was consistent throughout the case and she was sticking to it,” Greenwood said. “I’m not terribly surprised, especially when the case ended up in front of Judge [Debbie] Garrett.”
Harvey is represented by defense attorney James Stapler of Killeen, who said he had no comments about the result of the case.
“He pled no contest and was deferred. … I don’t feel it would be appropriate to comment further,” Stapler said.
Harvey initially was arrested on July 10, 2023 on the assault charge as well as two misdemeanor charges. He was indicted on the indecent assault charge on July 28, 2023.
According to a probable cause affidavit, on Dec. 17, 2021, a female member of Harvey’s family told Kempner police he had touched her inappropriately several times between August and late November of 2021. During an examination, the victim told law enforcement officials she was “too scared to speak or physically resist,” the document read.
Police examined the victim’s cell phone and discovered text messages between her and Harvey that supported her story. The texts beginning in July 2021 “included sexual references and appeared to be ‘grooming’” the victim, police said.
After the victim communicated to Harvey that she did not want to be touched, police said the text messages became “controlling, stern and angry, and included suggestions that [the victim] delete the text messages between them.”
CASE MOVED TO DISTRICT COURT
While a misdemeanor charge would typically be tried in county court, Greenwood said Harvey’s case was moved to district court due to conflicts among court officials, including “scheduling to personality conflicts.”
Greenwood also said the case was unusual because of the lengthy gap between the initial report and the warrant sought for Harvey’s arrest.
“There was a strange delay. The events happened back in 2021, but the warrant wasn’t sought until July 2023,” Greenwood said. “You see that on some sexual assault cases where you’re waiting on DNA evidence,” but a delay in an indecent assault case isn’t typical, he said.
When asked if local political sensitivities may have played a role in the delay, Greenwood said he had no knowledge of any, but that it was a possibility.
The assault began just months after the end of Harvey’s mayoral term as Kempner mayor from 2019 to 2021. He filed for a second term, only to be defeated at the May 2021 polls by John “J.W.” Wilkerson.
CHANGES IN CRIMINAL CODE
The charge of indecent assault wasn’t added to the Texas Penal Code until recently, Greenwood said.
“Prior to 2019, it wasn’t an offense at all. It would have been a Class C ‘offensive touching.’ I’ve tried one of those [cases] before,” he said, adding that a crime of that degree wouldn’t have resulted in jail time.
In Harvey’s case, technicalities prevented the charge from being a felony.
“She was a teenager, but an adult under the law,” Greenwood said of the victim. “If she would have been 16 at the time, it would have been a felony. On any level, it was not appropriate.”
