Christopher Allgood v. State

CourtCourt of Appeals of Texas
DecidedAugust 29, 2012
Docket04-11-00358-CR
StatusPublished

This text of Christopher Allgood v. State (Christopher Allgood v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Christopher Allgood v. State, (Tex. Ct. App. 2012).

Opinion

MEMORANDUM OPINION No. 04-11-00358-CR

Christopher ALLGOOD, Appellant

v.

The STATE of Texas, Appellee

From the 290th Judicial District Court, Bexar County, Texas Trial Court No. 2009CR9645 Honorable Melisa Skinner, Judge Presiding

Opinion by: Marialyn Barnard, Justice

Sitting: Sandee Bryan Marion, Justice Rebecca Simmons, Justice Marialyn Barnard, Justice

Delivered and Filed: August 29, 2012

AFFIRMED

A jury convicted appellant Christopher Allgood of the murder of Courtney Gass. On

appeal, Allgood contends: (1) the evidence was insufficient to support the murder conviction; (2)

his trial counsel was ineffective; and (3) the jury charge improperly shifted the burden of proof

on the issue of self-defense. We affirm the trial court’s judgment. 04-11-00358-CR

BACKGROUND

Officers from the San Antonio Police Department were called to an apartment complex in

the early morning hours of July 5, 2009. When they arrived, officers entered an apartment and

found the bodies of Courtney Gass, her young daughter, and a friend, John Kevin Bones. 1 All of

the victims had been shot in the head. After questioning witnesses at the crime scene, the police

took Allgood, Gass’s former boyfriend, to the police station for questioning. Ultimately,

Allgood was arrested and charged with Gass’s murder. At trial, the State solicited testimony

from people who were at the apartment complex at the time of the murder, a friend of Gass’s,

law enforcement personnel, and crime lab personnel.

Roland Garcia testified that in the early morning hours of July 5, 2009, he was awakened

by a loud “bang.” He then heard another loud “popping noise,” followed by five or six other

“popping noises.” All of the noises were coming from the apartment below.

Jesse Flores, who was visiting a friend who lived at the complex, testified he heard

gunshots. Flores told the jury he arrived at the complex around 2:00 a.m. or 2:30 a.m. He stated

that when he arrived, his friend was outside on the ground level talking to Allgood. Flores said

Allgood was holding a rifle. Flores and his friend went upstairs to her apartment, but remained

outside talking. It was then he heard the gunshots, which he said came from below.

Abel Trask, the security guard on duty at the apartment complex that night, testified he

heard gunshots. He stated he thought someone was firing the gun to celebrate the July 4th

holiday. Trask drove to where he believed the shots came from and saw Allgood walking

outside, holding a rifle. Trask drew his weapon and ordered Allgood to drop the rifle, but

Allgood ignored Trask. Trask and Allgood then struggled over the rifle.

1 With regard to this appeal, Allgood was convicted only of the murder of Gass.

-2- 04-11-00358-CR

Both Garcia and Flores testified they heard Trask order Allgood to drop the rifle. Garcia

and Flores stated they saw Trask struggling to take the weapon away from Allgood. Flores told

the jury he went downstairs to help Trask. Flores and Trask were able to remove the rifle from

Allgood. Trask said that when they took the rifle from Allgood, it felt warm, as if it had been

fired recently.

Detective Linda Miller testified Allgood was given Miranda warnings and interviewed at

the police station. According to Detective Miller, Allgood initially denied any involvement in

the shootings, but after several hours he admitted shooting Gass. He claimed he shot Gass

because she had killed her daughter and Bones and was coming at him with a knife. Alternately,

Allgood claimed the gun accidentally discharged. Detective Miller testified Allgood’s story

changed several times throughout the interview, but he consistently denied shooting Gass’s

daughter or Bones.

Dawn Pennington, a friend of Gass’s, testified about a possible motive for the murder.

She told the jury Gass had visited her a couple of weeks before the murder. During that visit,

Gass and Pennington made plans for Gass and her daughter to leave Allgood and move to Austin

where they would live with Pennington. Pennington also told jurors that Allgood had once been

employed at a San Antonio shooting range.

The State also called experts to testify. One of those experts was Chrystyna Vachon, a

forensic scientist in the trace evidence section of the Bexar County Crime Lab. Vachon’s

testimony concerned the results of gunshot residue tests. Vachon told the jury gunshot residue

particles are present when a person fires a gun, handles a gun that has been recently fired, or is

near a gun when it is fired. According to Vachon, a living person loses these residue particles as

time passes from regular movement; a dead body does not.

-3- 04-11-00358-CR

Vachon testified a gunshot residue test was performed on residue from Allgood’s hands.

The first test was done approximately four hours after the murders and showed Allgood had

gunshot residue on both hands. A second test was performed twelve hours after the murders, and

no residue was found on his hands. Tests taken from Gass’s body showed she had particles on

both hands, with more on her right hand, on her face, and on her hair close to the entry wound of

the bullet. Vachon admitted she could not say with certainty whether Gass fired a firearm,

handled a firearm that had been recently fired, or was merely in close proximity to a firearm

when it was fired. However, she opined that the residue on Gass’s face was most likely present

because she had either come into contact with a recently fired weapon or was in close proximity

to it when it was fired.

The State also called a DNA expert from the crime lab. This expert testified only

Allgood’s DNA was found on the trigger of the rifle. Gass’s DNA was not found on the trigger.

A firearms expert testified all of the bullets found at the scene were fired from the rifle

that was in Allgood’s possession after the murder. The expert stated the trigger pull on the rifle

is “on the heavier side for a rifle.” In other words, a light touch would not make it fire.

Allgood, in support of his claim of self-defense, called a police officer who arrested Gass

for assaulting Allgood about two weeks before she was killed. The officer testified it appeared

Gass had been the aggressor. However, the officer admitted he offered victim services to Gass.

Allgood also called a private forensic scientist who testified gunshot residue can remain

on a person longer than six hours, contradicting Vachon’s testimony that it would not. The

expert also testified the gunshot residue on Gass’s right hand was consistent with her having

fired a gun. He admitted, however, that a body can become coated with gunshot residue if it is

simply in a room when a gun is fired.

-4- 04-11-00358-CR

At the conclusion of the evidence, the trial court charged the jury on the applicable law.

As requested by Allgood, the trial court’s charge included an instruction on the law of self-

defense. After deliberating, the jury found Allgood guilty of murder, rejecting his claim of self-

defense.

ANALYSIS

As noted above, Allgood raises three issues challenging the trial court’s judgment. More

specifically, he challenges the sufficiency of the evidence to support his conviction, the

effectiveness of his trial counsel, and the court’s jury charge relating to self-defense. We shall

deal with each issue in turn.

Sufficiency of the Evidence

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