Lindale man arrested for child sex assault

Thomas Capps

A cellphone found by the wife of a 46-year-old Lindale man detailed his sexual relationship with a Lindale High School student and how he provided her and at least one other underage student with alcohol. 

Lindale Police Chief Dan Somes said an arrest did occur as a result of the investigation, and a copy of the arrest affidavit in the case details the relationship between Thomas Allan Capps and the victim and how he provided at least two students alcohol last month.

According to the affidavits, Capps and the Lindale student met multiple times since June and phone records and video obtained from various locations proved the two were together. 

The affidavit states Capps' wife found a Tracphone in a box belonging to her husband and when she looked at the phone, she found text messages between Capps and the student that were sexual in nature. 

On July 31, "they talk about her pregnancy scare and about him needing to wear condoms," the affidavit states. 

The record also shows they talked about marriage and raising children together.

The affidavit states he called her 79 times in a two-week period and she called him 31 times, but the records showed there were 2,017 text messages between Capps and the girl. 

The affidavits and police indicate the two met at least once at the agriculture barn at Lindale High School. 

Lindale Independent School District Superintendent Stan Surratt said Capps was not affiliated with any school activities but may have been part of a group not affiliated with the school helping some of the school's agriculture students. 

Records show Capps has been convicted of burglary of a building, possession of a controlled substance and possession of a firearm by a convicted felon. Capps also has been arrested for assault causes bodily injury.

Somes said Capps was arrested and charged with sexual assault of a child and purchase/furnish alcohol to a minor on Aug. 26. 

Surratt said it was difficult to know who the students come in contact with in the peripheral scope of the school, but added that the campuses require all visitors to present their identification, which is fed into a system called Raptor. 

Surratt said Raptor will indicate whether a person is a felon or a sex offender, which would keep them off campuses. 

Surratt said policies may need to be addressed.

"The safety of our children is of the utmost importance," he said.

Capps remained jailed Friday afternoon in the Smith County Jail on bonds totaling $180,000.



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