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Man gets a choice: Marry her or go to jail

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Josten Bundy and Elizabeth Jaynes. Bundy was told to get married or face jail time. (Photo: KLTV)

SMITH COUNTY, Texas – A Texas man who pleaded guilty to a misdemeanor assault charge of punching his girlfriend’s ex was given a choice between marrying her or going to jail for the crime.

Josten Bundy, 21, pleaded guilty on July 2 to assault with bodily injury, stemming from a brawl he had with the former boyfriend of Elizabeth Jaynes back in February.

Smith County Judge Randall Rogers then gave him a choice between two years of probation or 15 days in jail, according to Jaynes, 19.

The probation terms included requiring Bundy to write out a Bible verse 25 times a day (“If a man digs a pit, he will fall into it.” — Proverbs 26:27), and getting married within 30 days.

“We figured he’d get probation but were surprised about the other conditions, especially the marriage,” Jaynes told CNN on Friday.

“Then the judge asked Josten if I was worth it and if we were living together, and we both said ‘yes.’ When the judge said part of the probation was that we had to get married Josten smiled at me and I was turning red. The judge said, ‘You might want to check with her first.’ Josten said that because my face was red he thought I was OK with it, but then the judge made me stand up and asked me if I was OK with it. I said yes. People were laughing behind me and the bailiff had to say ‘order in the court.’ It was embarrassing.”

Jaynes said she told her parents about what happened in court and her father was very angry. He told them they didn’t have to go through with it but they did, getting married at City Hall on July 20.

“I was really upset. Judge Rogers stepped into my family and tried to tell them what to do without any regard for me or anything. This isn’t his decision,” Elizabeth’s father, Kenneth Jaynes, told CNN.

“I told them they didn’t have to do this, but they were afraid. They are young and they didn’t know that they had any other options,” he said.

Bundy told CNN affiliate KLTV, “(Rogers) offered me 15 days in jail and that would have been fine and I asked if I could call my job [to let them know],” said Bundy. “The judge told me ‘Nope, that’s not how this works.'”

CNN reached out to the Smith County court for comment from Rogers but received no response Friday.