Charles Arthur Roberts Mugshot
By Sergio Chapa
Tuesday, August 25, 2009 at 2:08 p.m.
Read more: Local, Crime, Politics, Strange, Charles Arthur Roberts, Wicca, Wiccan, Chaplain Juan Tovias, Assistant Warden Philip Lewis, Jason Clark, Texas Department of Criminal Justice, TDCJ, Lopez Unit, El Cibolo Road, Edinburg, Hidalgo County, Rio Grande Valley, Texas, Brownsville, Cameron County, Brownsville Police Department
A Wiccan man jailed in Edinburg has sued the Texas prison system based on claims that they refuse to accommodate the practice of his religious beliefs.
Charles Arthur Roberts filed a federal lawsuit against the Chaplaincy Department of the Texas Department of Criminal Justice.
Roberts alleges in a pro se lawsuit that he made repeated requests to practice Wicca to the chaplain and administrators at TDCJ’s Lopez Unit off El Cibolo Road in Edinburg.
Wicca is a pagan, nature-based religion.
The 28-year-old Brownsville native claims that prison administrators allow Catholic, Protestant and Moslem services but will not allow him to practice his Wiccan faith.
Roberts wrote in his lawsuit that administrators told him they needed a Wiccan volunteer to hold a service for him but claims that they never attempted to obtain a volunteer.
The jailed Wiccan claims he even tried to contact administrators at a state level but never received a reply.
“I have been dealing with the defendants for a year to get things for my religion but they have not tried to get anything started, which is a violation of my Constitutional rights,” Roberts wrote in his lawsuit.
Court records show that the lawsuit was filed before U.S. District Court Judge Randy Crane and names Chaplain Juan Tovias, Lopez Unit Assistant Warden Philip Lewis and TDCJ Chaplaincy Department.
TDCJ spokesman Jason Clark said the agency could not comment on the case due to the pending lawsuit.
A copy of the TDCJ “Offender Orientation Handbook” posted on the agency’s website states that religious services and support are provided to all interested offenders.
The Chaplaincy Program’s overview states that services are provided based on demand, need and resources.
“It is the policy of the TDCJ to extend as much freedom as possible to pursue individual beliefs and practices consistent with security, safety and orderly conditions in the institution,” the overview stated.
TDCJ records show that Roberts was sentenced to five years in prison for an aggravated assault case from Cameron County.
Court courts show that Roberts was first arrested by Brownsville police for an aggravated assault case in January 2004.
His projected release date is December 26, 2011.
TDCJ records show that Roberts was eligible for parole in July 2007 but has remained in custody.