Waco felon gets eight years in prison in sexual assault of incapacitated woman

WACO, Texas (KWTX) - A seven-time convicted felon who sexually assaulted an incapacitated woman in 2016 was sentenced to eight years in prison Thursday.

Marvin Lee Dickerson, 53, pleaded guilty to a sexual assault charge in a plea bargain with prosecutors that called for the state to waive an habitual offender designation and recommend eight years in prison in exchange for Dickerson’s guilty plea.

Judge Susan Kelly of Waco’s 54th State District Court accepted the plea agreement and sentenced Dickerson to eight years in prison.

Had prosecutors not waived the habitual allegation, Dickerson would have faced a minimum of 25 years and up to life in prison if convicted at trial.

According to arrest records, Dickerson asked a woman to give him a ride home in March 2016. When they got to Dickerson’s residence, the woman asked if she could use the bathroom. Dickerson said it was in his bedroom.

The woman reported she heard Dickerson come into the bedroom and lock the door. When she came out, Dickerson asked if she wanted to smoke some “ice” and pulled out a bag of crystal methamphetamine, according to an arrest affidavit.

“The victim reported that she only took 2 hits off the pipe and that it did not look or taste like ‘ice.’ The victim described it as black and bubbly. At that point, the victim reported that she must have passed out,” the affidavit states.

When she woke up about 90 minutes later, her pants were pulled down to her knees and her hips were hurting and bruised, she reported to police. She said she couldn’t remember anything during that 90-minute period.

DNA collected during an examination was linked to Dickerson, reports state.

Court records show Dickerson was placed on felony probation in 1989 for burglary of a motor vehicle. His probation later was revoked and he was sentenced to three years in prison.

He also was sentenced to 20 years in prison in 1993 after pleading guilty to five counts of delivery of cocaine. He was sentenced to six years in prison in 2018 after his conviction for assault-family violence.

Dickerson must serve at least four years in prison on his latest conviction before he can seek parole.

Dickerson’s attorney, Jonathan Sibley, said Dickerson is pleased to resolve the case and “avoid a trial where the risk would have been substantially larger and unpredictable.”

“Had this case gone before a jury, we believe there would have been two very different stories describing the events on that evening between Mr. Dickerson and the complaining witness,” Sibley said. “However, the way the penal code treats people with prior felony convictions put Mr. Dickerson in a position where an adverse verdict would have likely resulted in a very lengthy sentence. That is a difficult position to be in, but we feel the outcome was reasonable under those difficult circumstances.”

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