A man accused of "squatting" on a $405,000 home in northeast Arlington while the homeowner was receiving cancer treatments in Houston is scheduled to go on trial this week, with a life sentence among the possible outcomes.
David Cooper, 26, of DeSoto faces life in prison on a first-degree felony charge of theft over $200,000. He also faces a charge of burglarly that carries a maximum punishment of 20 years in prison, court records show.Jury selection was scheduled to begin Monday.The case could turn on this question: Did Cooper plan to live at the property, which he claimed was abandoned, or was his intent to commit fraud and loot it?An attorney for Cooper says he tapped an obscure Texas law that allows people to claim rights to abandoned or vacant properties as long they maintain the property and pay taxes on it. In October 2011, Cooper paid $16 to file what is known as an affidavit of adverse possession with the county clerk's office, claiming ownership of the 4,320-square-foot home in the 3000 block of Forestwood Drive.Cooper intended to live in the home, said Dallas defense attorney Deborah Goodall, who said she will offer evidence showing that he performed upkeep on the property."Our position is that you cannot commit burglarly" if what you are doing is filing an affidavit of adverse possession, Goodall said. "Burglarly requires you to enter and the intent is to commit another offense, such as theft."Assistant District Attorney Steve Gebhardt was not available for comment.A year ago, Tarrant County District Attorney Joe Shannon deemed adverse possession affidavits "fraudulent" and directed the county clerk's office not to accept them. Dozens of people had taken ownership of more than $8 million in Tarrant property.Prosecutors will likely point to evidence that Cooper committed a crime by breaking into the Forestwood Drive home of Julie and Raymond Dell while Julie Dell was in Houston receiving chemotherapy treatments.Arlington police said they believed that Cooper had planned to take possession of the Dells' home long before the first piece of furniture was moved. He watched for weeks to ensure that it was vacant, police said. Then, he tried to claim ownership and looted it, they said.Some estimates found that as much as $250,000 in valuables were removed from the home, including the Dells' furniture and clothing.The trial is scheduled for Judge Sharen Wilson's Criminal District Court No. 1.Yamil Berard(817) 390-7705
Squatters targeted Arlington home while owner was getting cancer treatment
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Tarrant County district attorney says squatters' affidavits are fraudulent
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