GOP Senate Candidate Ken Paxton Defends One-Day Plea Deal in Child Sex Abuse Case: 'We Did Our Best'

Republican US Senate candidate and Texas Attorney General Ken Paxton has defended his office's decision to initially offer a plea deal that would have resulted in just one day in jail in a child sexual abuse case, saying prosecutors 'did our best' after the victim said he did not want to testify at a second trial.

Paxton addressed the controversy during a United States Hispanic Business Council event in Dallas on Monday, 28 September, where he was questioned about the plea agreement involving former Waco lawyer Adam Hoffman.

'The criticism has been that I let a child predator out after one day,' Paxton said. 'Well, guess what? They served 60 days.'

'It wasn't what we wanted. We did not control that situation. We did our best to present the case,' he continued, referring to the first trial ending with a hung jury.

There is an important distinction in Paxton's account: Hoffman was sentenced to 60 days but physically spent 29 days in jail before being released after receiving two-for-one credit for good behaviour.

Judge Rejected Prosecutors' One-Day Proposal

Hoffman was originally charged with continuous sexual abuse of a young child, a first-degree felony carrying a possible sentence of 25 years to life. His 2025 trial ended without a verdict after jurors deadlocked. Seven jurors reportedly believed the victim's testimony and forensic evidence were sufficient to prove guilt, while five leaned towards acquittal.

The young victim later made clear to prosecutors that he did not want to testify at a second trial. Paxton's prosecutors subsequently negotiated a deal under which Hoffman pleaded guilty to two Class A misdemeanours — indecent assault and displaying harmful material to a minor.

The initial plea recommendation called for 'time served', which amounted to the single day Hoffman had spent behind bars following his arrest before posting bond. Visiting Judge Roy Sparkman objected.

'One day. Seriously? Somebody has to sell me on the wisdom of it,' Sparkman said during an April hearing.

Prosecutors then proposed 30 days in jail and the surrender of Hoffman's Texas law licence. At formal sentencing on 27 April, however, the victim's mother told the court that 30 days was 'not enough', prompting Sparkman to increase the sentence to 60 days.

Hoffman Ultimately Served 29 Days

Hoffman was released from McLennan County Jail on 25 May after physically serving 29 days of the 60-day sentence. KWTX reported that he received two-for-one credit for good behaviour, a credit routinely given to eligible McLennan County Jail inmates.

The misdemeanour convictions did not require Hoffman to register as a sex offender in Texas. After moving to Nebraska, however, authorities there determined that his indecent-assault conviction required him to register as a sex offender.

Paxton has argued that prosecutors faced a difficult choice because pursuing another felony trial would have required compelling the young victim to testify again.

Assistant attorneys general who prosecuted the case previously said the child had made clear that he would not voluntarily testify at a second trial and wanted to prioritise his 'mental and emotional health'.

Plea Deal Returns to Spotlight in Senate Race

The case has resurfaced as Paxton campaigns against Democratic state Representative James Talarico for the US Senate. A BIG DATA POLL Public Polling Project survey conducted from 24 to 26 September measured Talarico at 44.6% and Paxton at 41.6% among 698 likely Texas voters.

After undecided voters were asked which way they leaned, the figures were 46.8% for Talarico and 44.9% for Paxton. The poll reported a margin of sampling error of ±4 percentage points at the 95% confidence level, placing the measured difference within that margin.

Paxton has defended the handling of the Hoffman case by pointing to the first jury's inability to reach a verdict and the victim's decision not to voluntarily testify again.

His statement that Hoffman 'served 60 days', however, conflates the sentence imposed by the judge with the time Hoffman physically spent in jail. Sparkman imposed a 60-day sentence after rejecting more lenient recommendations from prosecutors, and Hoffman was released after 29 days with good-behaviour credit.