Ex-library employee gets 8 years in theft

GALVESTON — A former maintenance man, who was convicted of stealing from Rosenberg Library, smiled as he left the courtroom Thursday to begin serving an eight-year prison term.

A jury convicted Terry R. Merchant, 52, on Aug. 13 on a charge of felony theft by deception.

Between May 1999 and March 2006, Merchant approved and the library paid more than $100,000 in invoices to lawn and heating and cooling service companies Merchant owned, testimony revealed.

The prosecution contended Merchant didn’t do the work for which he submitted invoices.

Merchant was a con man, Prosecutor Larry Drosnes told Judge John Ellisor, of Galveston’s 122nd District Court. Drosnes asked for a sentence of more than 10 years.

Drosnes sought sentence enhancements based on Merchant’s 1984 felony theft and 1987 arson convictions.

“This man takes advantage of the weak and goes to the extent of burning a building and injuring people to collect money,” Drosnes said.

Without remorse, Merchant stole from children, taxpayers and poor people who rely on the library for services not everyone can afford, Drosnes said.

“This man is a thief and a con man, and he is a threat to society,” Drosnes said. “How many chances do we give him, judge?”

Defense attorney Mark Stevens asked for a sentence of less than 10 years, saying someone must have been cutting the grass and working on the air conditioning.

“We think the state went over the line,” Stevens said. “We think this is a civil, not a criminal, matter, and we think it will be resolved on appeal.”

Three witnesses, a church deacon, an Alvin car dealership owner and a neighbor, testified on Merchant’s behalf. Merchant declined to testify in his trial or punishment hearing.

Daniel Herrera, of Algoa, said Merchant was a caring neighbor who helped him when Hurricane Ike ripped his roof from his house.

“I would beg the court for as much leniency as possible,” Herrera said. “I believe all of us are capable of mistakes. I pray to God you see him as a gentle person who can contribute to the community.”

Ellisor, after pronouncing sentence, denied Stevens’ request that Merchant remain on bond pending the outcome of an appeal.

Merchant turned to people sitting on his side of the courtroom and smiled as a bailiff led him to jail.