Daily Progress, Jacksonville, TX

July 25, 2013

Sex offender wanted here actually in jail in Brazoria County

Ben Tinsley
Jacksonville Daily Progress

JACKSONVILLE — A convicted sex offender who recently was indicted in Cherokee County on four counts of “sexual molestation of a child under the age of 17” is currently in custody in Brazoria County on separate charges.

Cody Alan Whiteley, 27, is being held without bond in Brazoria County Jail, according to jail records examined Wednesday. He still faces trial on four counts of “sexual molestation of a child under the age of 17” in Cherokee County for which he was indicted in May.

These second degree charges, which allegedly took place in February, are punishable by as much as 20 years in prison.

Whiteley's mother, Cathy Whiteley, said during a Wednesday phone call that her son had been incarcerated in Brazoria County Jail – after his probation was revoked for a violation and he was sentenced to serve at least a portion of his original sentence.

“He is not on the run,” his mother said. “He's leaving Sunday to start his prison sentence. He will go to Huntsville for 30 days and we won't know where he will be after that.”

However, a spokesman for the Texas Department of Criminal Justice said during a Wednesday email that he could find no current record for Whiteley.

In August 2006, a Brazoria County judge ordered Whiteley to register as a sex offender as a consequence of that previous first-degree offense of aggravated sexual assault of a child. He also was placed on seven years probation at that time, court records show.