Cooley v. State

232 S.W.3d 228, 2007 Tex. App. LEXIS 4477, 2007 WL 1632688
CourtCourt of Appeals of Texas
DecidedJune 4, 2007
Docket01-06-01146-CR
StatusPublished
Cited by57 cases

This text of 232 S.W.3d 228 (Cooley 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.

Bluebook
Cooley v. State, 232 S.W.3d 228, 2007 Tex. App. LEXIS 4477, 2007 WL 1632688 (Tex. Ct. App. 2007).

Opinion

OPINION

JANE BLAND, Justice.

Appellant, Christopher Cooley, challenges an aggregate bail of $750,000 for three solicitation of capital murder charges. Specifically, Cooley challenges the trial court’s refusal to lower the $250,000 bail set in Cooley’s original solicitation for capital murder case and the trial court’s setting bail at $250,000 each for two subsequently filed solicitation of capital murder cases. We affirm.

*230 I. Factual Background

On November 23, 2006, the State took Cooley into custody, executing an arrest warrant issued by a magistrate on the strength of an affidavit in which Houston Police Department Sergeant Frank Quinn swore that, in case number 1094019, he had information that on November 19, 2006, Cooley instigated, planned, and funded a plot to kill Cooley’s business partner, Charles Zubarik. Cooley requested the trial court lower his bail to $30,000. The trial court set a hearing on the request for December 1, 2006.

The day before the bond reduction hearing, the State filed against Cooley two additional solicitation of capital murder cases, case numbers 1094815 and 1094816, alleging that in April 2005 and on May 5, 2005, Cooley solicited persons to kill Zu-barik. The District Attorney recommended bail be set at “no bail” in each of these latter two cases. At the hearing, Cooley requested and the trial court agreed to include the bail settings of these two latter cases in the writ hearing, along with the bail setting in the original case.

A. Sergeant Quinn’s Affidavit

1. Information Based on Informant Wade’s Statement

The State introduced into evidence the affidavits of Sergeant Quinn, exhibits 1-4. These affidavits were the complaints sworn out by Quinn to support his successful requests for the issuance of arrest warrants for Cooley and co-defendants, Celso Castillo, George Argueta, and Adrian Bel-tran. In exhibit 4, Quinn avers that a police informant, Michael Wade, told Quinn that Argueta introduced Wade to Castillo, an employee of Genesis Air Support (GAS). Castillo told Wade that a silent partner 1 was interfering with some of their activities and, therefore, they wanted to have him killed. Castillo also told Wade that he had tried to kill the silent partner in Houston about a year ago, shooting him in the shoulder. Castillo arranged to meet with Wade again in Dallas on November 20, 2006, to view the silent partner’s home and worksite, supply Wade with a 9 mm pistol, and pay him $2,000 up front. Castillo agreed to pay $15,000 to Wade upon killing the silent partner.

At a subsequent meeting, on November 19, 2006, Argueta and Castillo told Wade that the company’s owner wanted the silent partner killed because the silent partner was interfering in the company’s activities. At this meeting, Argueta and Castillo told Wade that the owner had already obtained a “piece” for Wade to use.

On Monday, November 20, 2006, in Dallas County, Wade met Castillo and Argue-ta, who arrived in a white pick-up truck, later determined to be registered to Cooley. Co-defendant Mark Gregulak, the GAS Dallas station manager, was also present. Castillo and Argueta showed Wade the warehouse where they wanted Wade to make the “hit.” They told him that Cooley was going to make sure that the target was present. Argueta and Castillo showed Wade the pistol and $2,000, and then gave them to Wade’s companion, under cover officer Cantu, who posed as Wade’s accomplice. The police electronically monitored and recorded the meeting. Quinn arrested Castillo and Argueta, both of whom gave confessions in which they stated that Cooley was the person who instigated, planned, and funded the plot to kill Zubarik.

2. Castillo’s Confession

*231 In his confession, Castillo states that, two or three weeks before the offense, Shawn Edwards, also a GAS employee, told him that Cooley wanted to talk to him. Cooley told Castillo that Edwards would drive them to Dallas, and Mark “Greg-something” would have the money. When they met in Dallas, Castillo took the money from Grugelak and told Wade to call Argueta when the job was done.

3. Argueta’s Confession

In his confession, Argueta states that he was a GAS employee and that Castillo was Cooley’s right-hand man. In May 2005, he and Castillo arranged for Adrian Beltran, another GAS employee, to shoot Zubarik in Houston upon Zubarik’s departure from a dinner meeting with Cooley. Argueta stated that later that same night he went to Castillo’s house, picked up about $7,000, and paid Beltran $4,000.

B. Sergeant Quinn’s Hearing Testimony

Quinn testified that he knew about the attempts to kill Zubarik on May 2, 2005, and on November 20, 2006, but from Ar-gueta’s confession, Quinn learned about another attempt, made on or about April 80, 2005. In Argueta’s confession, Argue-ta told Quinn that Castillo told Argueta where to intercept Zubarik, and that the message was relayed through Cooley. It was Cooley who wanted Zubarik dead. Castillo furnished Argueta with the glock, which Argueta attempted to fire, but it malfunctioned. May 2, 2005 became the next attempt to kill Zubarik.

The November 20 meeting was videotaped and from it Quinn identified Castillo, Argueta, Gregulak, and Edwards. Based on Quinn’s investigation, on each of the three attempts, it was Cooley who wanted Zubarik dead.

Quinn further testified that all the people involved in the murder plot, including the ones in the Dallas area, have been arrested. He further testified that in his nearly 30 years with the Houston Police Department, he has never seen a case in which the defendant tried to kill the same person three times.

On cross-examination, Quinn testified that Cooley has no criminal record of convictions or arrests, that Quinn has some recorded phone conversations of Cooley, which he believes corroborate Cooley’s involvement in the plot to kill Zubarik; and that Cooley is not on any of the videos compiled in the case. Quinn is in the process of getting Cooley’s phone call records.

C. Zubarik’s Testimony

Zubarik testified that in 1992, he met Cooley, a representative for another company, and he observed him to be hardworking, competent, and smart. In 1997, Zubarik and Cooley formed GAS with Zu-barik as a silent partner, contributing seed-money capital, and Cooley, as the managing partner. GAS is an air cargo handling warehousing company. Today, GAS is worth three to nine million dollars, and it has facilities in Houston, Dallas, San Antonio, Detroit, and Atlanta. During the company’s first three years, Zubarik took no money from the company and Cooley took whatever he made. In 2000, Cooley and Zubarik received equal shares in GAS and agreed that each would receive a $100,000 annual salary. Cooley lived up to his agreement regarding the operation of the company. Cooley treated Zubarik decently and Zubarik considered him a friend.

Zubarik testified that in the week before the hearing, he reviewed the company’s records and found that, without Zubarik’s knowledge, Cooley took two million dollars

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Cite This Page — Counsel Stack

Bluebook (online)
232 S.W.3d 228, 2007 Tex. App. LEXIS 4477, 2007 WL 1632688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cooley-v-state-texapp-2007.