A Texas man charged with sending a chocolate penis to a sheriff's deputy says he's being unfairly treated because the recipient is a law enforcement officer.
Thomas Roy Gourneau mailed the chocolate member to McLennan County Sheriff's Deputy Tracy Chance, the ex-husband of his now ex-girlfriend, in December 2017, records indicate. Although the treat was sent anonymously, investigators subpoenaed Gourneau's financial records to prove he made the purchase and arrested him a year later. "I question whether if I ... had received a chocolate candy bar in the shape of a penis, how long I would be sitting before they arrived at my office or my house to investigate that crime," says Gourneau’s attorney, Cody Cleveland. Gourneau is out on bail, but faces six months in jail for the deed.
However, a spokesman for the McLennan County District Attorney's Office says Gourneau has "a long history of improper communication with the victim," noting the chocolate willy came with a note suggesting that Chance perform fellatio on it. But Cleveland dismisses the D.A.'s claim, saying, "Was it the size of it? Was it that it was chocolate and he prefers vanilla? I don’t know, but he will get to tell the jury and explain to them why he feels like this is a crime."