The office of Hays County Criminal District Attorney Kelly Higgins announced that a Hays County jury sentenced Andy Wayne Carty to 65 years in prison for aggravated assault with a deadly weapon, family violence, after convicting him in a case involving a violent attack on his girlfriend in front of their young children in Kyle.
The jury also found Carty guilty of continuous family violence, assault family violence — impeding breath/circulation, and violation of a protective order, each with a five-year prison sentence. The sentences are concurrent, and Carty must serve 30 years before parole eligibility for the aggravated assault conviction.
Judge Joe Pool presided over the two-week trial, which began on Feb. 3. The convictions arose from assaults on two separate nights — Jan. 31, 2023, and Feb. 25, 2023 — involving an adult female victim and her two young daughters.
On Jan. 31, 2023, a verbal argument escalated when Carty slammed the woman’s shoulder and head into a wall, resulting in significant injuries, according to a press release from Hays County. The children witnessed the assault, and when one attempted to call 911, Carty took the phone. The mother and children escaped into the garage, barricaded themselves in a vehicle, called 911, and waited for police to arrive. Carty was arrested on misdemeanor assault charges and bonded out the next day.
On Feb. 25, 2023, he entered the home between 2:30 a.m. and 3 a.m. by climbing through an unlocked window, according to a press release from Hays County. His head was shaved, he was barefoot, and he wore only boxer shorts. He hid electronic devices that could be used to call for help as his family slept. Then, he strangled the woman in bed while whispering that he would kill her for sending him to jail. One of the children was sleeping beside her.
The assault escalated as the mother fought to escape. Carty choked her nearly unconscious and struck her in the head multiple times with a 10-pound dumbbell, causing significant injuries. He wielded a long hunting knife and attempted to duct-tape his family’s mouths shut, according to the Hays County press release.
The struggle continued to the front door, where Carty again attempted to strangle the woman as a child fought to pull him away. The children fled through the garage to a neighbor’s home while their mother fought off their father and escaped to the neighbor’s as well. Police and SWAT responded, and the woman was taken for medical care. Carty fled but was apprehended later that morning after a brief manhunt by the Kyle Police Department.
Assistant Criminal District Attorneys Jon English and Claudia Garcia of the Hays County Criminal District Attorney’s Office in San Marcos prosecuted the case.
“The defendant was brought to justice because regular people did heroic things,” English said. “The victim’s strength, her children’s courage, and the Kyle Police Department’s dedication inspire us in our fight against domestic violence.”
“The jury’s sentence holds the offender accountable and warns that domestic violence will have serious consequences,” Garcia said. “We appreciate the Kyle Police Department’s professionalism and persistence, and we’re committed to protecting victims and pursuing justice in domestic violence cases.”
The prosecution team included Assistant Criminal District Attorneys Daniella Garcia, Abigail Whitaker and Harrison Watson; Victim Assistance Coordinators Annalise Brewer-Hall and Erin Dupalo; Legal Assistant Avery Slocum; Digital Media Evidence Assistant Mercedes Pena; and HCDAO Investigator Sgt. Rheanne Garcia.
