Daniel, Brandon

485 S.W.3d 24, 2016 Tex. Crim. App. LEXIS 23, 2016 WL 519836
CourtCourt of Criminal Appeals of Texas
DecidedFebruary 10, 2016
DocketNO. AP-77,034
StatusPublished
Cited by11 cases

This text of 485 S.W.3d 24 (Daniel, Brandon) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Daniel, Brandon, 485 S.W.3d 24, 2016 Tex. Crim. App. LEXIS 23, 2016 WL 519836 (Tex. 2016).

Opinion

OPINION

MEYERS, J.,

delivered the opinion'for a unanimous Court.

In February 2014, a jury convicted appellant of the capital murder of peace officer Jaime Padrón. Tex. Penal Code § 19.03(a)(1). Pursuant to the jury’s answers to the special issues set forth in Texas Code of Criminal Procedure article 37.071, sections 2(b) and 2(e), the trial judge sentenced appellant to death. Tex. Code Crim, PROC. art. 37.071, § 2(g). 1 Direct appeal to this Court is automatic. Art. 37.071, § 2(h). Appellant raises three points of error. After reviewing appellant’s points of error, we find them to be without merit. Consequently, we affirm the trial court’s judgment and sentence of death.

STATEMENT OF FACTS

The evidence showed that on the evening of April 5, 2012, appellant was at his apartment in Austin with his roommate, Kelvin Davis. Davis testified that, while they were drinking alcohol and smoking marijuana in their apartment, appellant wondered aloud “what it would be like to hit a store” and “how much money would they keep in the cash drawer.” Appellant also remarked that he had already gotten away with “worse shit.” Davis observed appellant drinking a large quantity of tequila and taking several Xanax pills throughout the course of the evening. He also heard appellant crying and talking to his mother on the phone about his ex-girlfriend, Jenna Feland. Davis testified that appellant was still in their apartment when Davis went to sleep around 9:30 p.m.

Appellant drove his motorcycle to a Wal-mart store later that night. Several store employees, including Sean McCarthy, Lincoln LeMere, and Archie Jordy, testified that appellant appeared to be intoxicated. Sometime between midnight and 1:00 a.m. on April 6th, appellant approached McCarthy, who was re-stocking water inside the store, and asked him- to watch his bags while he went outside to get something. Appellant -exited the store for -a few minutes, then came back inside, retrieved his bags, and continued walking through the aisles. Jordy testified that appellant was “drifting from side to side” with a' “glazed look” in his eyes, attempting to pick up items and dropping them on the floor. *27 After observing appellant’s behavior, LeM-ere called the police “to keep him from driving” while intoxicated. LeMere waited outside for the police to arrive, and Jordy remained inside the store and watched appellant.

Uniformed police officer Jaime Padrón arrived at the Walmart, and LeMere accompanied him inside the store. LeMere testified that he pointed out appellant, who was approximately 100 yards away with Jordy behind him. Padrón told appellant that he was from the Austin Police Department, and added “[S]top, I need to talk to you.” Appellant then began running towards the front exit. • Padrón tackled appellant, and they fell to the ground. LeM-ere testified that he never saw Padrón remove his gun from his holster; however, LeMere, Jordy, and other store employees heard a gunshot as Padrón and appellant fell to the ground. Employee Alma Ramirez Gutierrez testified that she saw appellant, put a gun to Padron’s neck and fire a second shot. She then, ran to the customer service area and called 9-4-1. .

LeMere testified that he “immediately jumped onto” appellant, who raised his arm and fired a third shot that passed by LeMere’s ear. LeMere pushed appellant’s arm to the ground and Jordy stepped on appellant’s hand, causing him to release the gun. Jordy then kicked the gun away. LeMere testified that appellant “laid- his head down” and appeared to pass out “for a second.” Appellant then raised his head and looked at Padrón, .who was lying on the floor bleeding profusely from.his neck. Appellant laughed and said, “I killed a cop.”

When Officer Christopher Kroger arrived at the Walmart, appellant still was on the ground. Kroger handcuffed appellant, and he and Sergeant Scott Perry performed CPR on Padrón until EMS personnel arrived. Perry observed three shell casings and a gun on the ground, and he testified that Padron’s gun was still in its holster in a locked position. EMS personnel attempted to resuscitate Padrón,-but he died at the scene. The medical examiner who performed Padron’s autopsy testified that he died from a gunshot wound to the neck which fatally damaged his carotid and vertebral arteries. The “muzzle imprints and the gunpowder soot” around the wound indicated that the gun barrel was pressed against Padron’s neck at the time of the shooting. Padrón also had a hole in his shirt, but there did not appear to be any damage to the armored vest he was wearing underneath.

The. evidence indicated that appellant used a Jimenez Arms .380 pistol with hollow point bullets to shoot Padrón. The medical examiner testified that hollow point bullets -typically “cause more damage” on impact than regular bullets. Greg Karim, a firearm and toolmark examiner, testified that the first shot appellant fired went through Padron’s shirt, the second shot, went through Padron’s neck, and the third shot went through the roof of the Walmart.

The police searched appellant at the scene and found a magazine containing six .380 hollow point bullets in his pocket. He also had a backpack containing $56.90 worth of unpaid items, including food and alcoholic beverages. He was taken outside and placed in the back of Officer Albert Arevalo’s patrol car. Arevalo testified that appellant smiled and winked at him when he was inside the patrol car. He asked Arevalo if they were in Travis or Williamson County, and he inquired whether one county was more lenient than the other. He also wanted to know if he would get a life or death sentence for what he had done, how long it would take and how much it would cost to get bailed out of jail, where his motorcycle would be taken, and *28 how long it would take to retrieve it. Are-valo noticed that appellant seemed lethargic, and he had slurred speech and red, watery eyes. At one point, appellant was removed from the patrol car for EMS worker Christopher Lester to examine him. Lester testified that appellant did not smell like alcohol, and appellant denied that he had consumed any alcohol or drugs. Appellant also asked Lester “if he was going to get life in prison for this.” Lester described appellant as “blank,” “cold,” and emotionless during their conversation. ■

Officer Cory Knop transported appellant to the police station in his patrol car. Knop testified that at times appellant pressed his face against the glass divider and lay down in the car, his speech was slurred, and he- appeared to be !<on some kind of depressant.” Arevalo testified that when appellant arrived at the police station, he saw an old police motorcycle and remarked that it was “cool,” and he spontaneously ‘ said, “[H]ey, I killed a cop.” Appellant also asked Knop if he remembered him, which Knop did because he had previously arrested appellant for DWI -in February 2012. Knop testified that appellant said, “[T]he next time I see you I’ll be 70 years old.” Detective Anthony. Nelson also testified that when appellant’s blood was drawn, he looked down at his hands, chuckled, and said, “I guess I got that cop’s blood on my hands.”

Appellant gave a recorded statement to police in which he admitted that he killed Padrón.

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Cite This Page — Counsel Stack

Bluebook (online)
485 S.W.3d 24, 2016 Tex. Crim. App. LEXIS 23, 2016 WL 519836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daniel-brandon-texcrimapp-2016.