Ennis Dentist Takes Plea Bargain

City Commissioner Stephen Durbin pleaded guilty Monday in a settlement agreement and will be placed on five years deferred adjudication, the maximum length of probation available for his crime of improper photography or video recording.
The plea bargain was reached between the County and District Attorney’s Office and the defendant after a request was made in affidavits signed by all eight of his victims, asking for deferred adjudication. As per the victims’ request, the plea bargain agreement requires Durbin to attend sex offender counseling at his own expense, his work and home computers be monitored for improper material and he be responsible for paying up to $1,000 in counseling expenses for the victims.
Durbin was indicted by an Ellis County Grand Jury on Nov. 26, 2007, on three counts of improper photography or video recording, a state jail felony. County and District Attorney Joe Grubbs said his office was ready to proceed to a jury trial, but after extensive meetings with the victims to ensure their wishes were met an offer was made to Durbin for the probation.
“When you have victims who have specific requests you have to weigh that in,” Grubbs said following Monday’s court hearing.
Grubbs also said it was important that the victims feel the criminal justice system provide them with a sense of satisfaction and justice for the trauma and violation they have suffered.
Durbin’s criminal case was resolved only a few weeks after a related civil case was settled. On March 19 at a 10-hour mediation, Durbin’s former employees received an undisclosed amount of compensation. The victims’ attorney Clay Jenkins said nothing in the terms of the settlement in the civil case affected the criminal case or its resolution.
“My clients are satisfied with the outcome and are appreciative of the hard work and support of District Attorney Joe Grubbs, Chief Felony Prosecutor Don Maxfield and Assistant District Attorney Lindy Tober, who remained in close contact with these women throughout this ordeal,” Jenkins said in a press release. “I am proud of my eight clients for standing up against Dr. Durbin’s abuse.”
City Attorney Toby Mash said with Durbin pleading guilty and taking the plea bargain, the City Commission could vote the Ward 5 Commissioner off the board. However, since Durbin has not filed for re-election and his term ends in May it is most likely the City will just let his term end and the unopposed former Ennis Police Chief Dale Holt will then take Durbin’s place.
Durbin turned himself in to authorities Aug. 18, 2007, after a warrant was issued for his arrest on a charge of improper photography or video recording.
The affidavit for the arrest warrant issued by Judge Bill Woody’s office reported a complainant contacted Ennis Police Chief John Erisman advising one of Durbin’s female employees had found a wireless color video camera hidden in the changing room of his office at 400 W. Ennis Ave. The report stated the camera was used to film the female staff while they were changing clothes.
The affidavit also states the employees later confronted Durbin about the camera and filming and recorded his admission to the crime on a digital audio recording. Det. Sgt. Mike Hopson confirmed police have the audio recording in custody.
If all conditions of the probation are met, Durbin is eligible to request an order of non-disclosure that would prevent criminal justice agencies from allowing his original arrest warrant or information from the court proceedings to be disclosed.