David Fowler v. State

CourtCourt of Appeals of Texas
DecidedNovember 26, 2019
Docket01-18-00883-CR
StatusPublished

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Bluebook
David Fowler v. State, (Tex. Ct. App. 2019).

Opinion

Opinion issued November 26, 2019

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-18-00883-CR ——————————— DAVID FOWLER, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 180th District Court Harris County, Texas Trial Court Case No. 1523977

MEMORANDUM OPINION

A jury convicted appellant, David Fowler, of the second-degree felony

offense of arson.1 After appellant pleaded true to the allegations in two enhancement

1 See TEX. PENAL CODE ANN. § 28.02(a)(2)(E). paragraphs, the jury assessed his punishment at twenty-six years’ confinement. In

one issue, appellant contends that the State failed to present sufficient evidence that

he burned a vehicle owned by the complainant.

We affirm.

Background

Appellant and Demetrius Lee, the complainant, have known each other for

more than forty years. In 2016, they entered into an agreement for appellant to

purchase a white Chevrolet truck from Lee. At the time, a mechanic was completing

repairs on the truck, and the truck was not in Lee’s possession. According to Lee,

the total purchase price of the truck was $2,500, and appellant paid Lee $700 as a

down payment.2 Appellant offered to pay the remaining balance on the truck in $30

or $40 increments, which Lee did not consider to be a suitable arrangement. Lee

proposed that they “keep [their] friendship agreement” while terminating their

business agreement and that he return appellant’s $700 down payment. Lee testified

that he and appellant made plans to meet on September 16, 2016, for Lee to return

appellant’s down payment.

2 Appellant introduced into evidence a handwritten receipt indicating that, on June 7, 2016, he paid $700 to Lee “for the purchase of a 1998 Chevy [four-door] white” truck. This receipt was signed by both appellant and Lee. Appellant argued that because the receipt did not mention a purchase price of $2,500, the total purchase price of the vehicle was $700. Eddie Clark, Jr., who was a friend of both appellant and Lee, testified on appellant’s behalf that he was present when appellant and Lee entered into the agreement concerning the truck and that the purchase price was $700 or $750. He did not recall any discussion of a $2,500 purchase price.

2 Lee and his girlfriend, Bridget Nelson, lived in a house in northeast Houston.

On September 15, 2016, the day before appellant and Lee were scheduled to meet,

appellant stopped by Lee’s house when Lee was not present. Appellant was “kind of

acting erratically,” and Nelson called Lee and passed her phone through the front

door so Lee and appellant could speak. Nelson heard appellant ask Lee, “When can

you pay me my money?” Lee told appellant, “I am giving you your money

tomorrow.” Appellant responded, “Well, okay, that’s fine.” Appellant then left Lee’s

house.

Around 8:30 that evening, Lee and Nelson were at home when appellant

returned to the house. Appellant started cursing and banging on the front door to the

house, and Lee declined to speak further with appellant and stayed inside the house.

At this time, a black truck was parked in Lee’s driveway. Lee used this vehicle in

his carpet-installing business. He testified that he owned this truck and that this was

not the truck that was the subject of the agreement between him and appellant—that

truck, which was white, was being repaired and was not located at Lee’s house. Both

Lee and Nelson testified that they had left a squeeze bottle containing lighter fluid

sitting on their front porch.

Lee and Nelson then received a phone call from a family friend of Lee’s,

notifying them that they should go outside. At Lee’s direction, Nelson looked

through the peephole of the front door, which had a view of their driveway. She saw

3 appellant “standing in front of our black truck squeezing something that he had in

his hand and all I [saw] was flames.” Nelson saw appellant squeeze lighter fluid onto

Lee’s black truck and she saw a fire ignite. Nelson went outside and walked about

ten feet from the front door. She “locked eyes” with appellant, whom she had met

on several occasions and whom she identified in court, before going back inside the

house. She testified that the fire did not appear to be an accident, stating, “Because

[appellant] had banged on the door maybe ten minutes prior, banging and screaming,

telling [Lee] he want[ed] his money.” Nelson stated that she had “no doubt” that

appellant lit the fire that destroyed Lee’s truck.

When Lee learned that appellant had lighter fluid in his hand, he looked

outside and saw that appellant was holding a container of lighter fluid and that his

black truck was burning. Lee described the fire as a “very good blaze,” and he stated

that he had a “very good view of it.” He saw appellant speak to someone near his

mailbox at the end of the driveway before leaving his property, and Lee called the

police. Lee acknowledged on cross-examination that he did not witness appellant

pour lighter fluid on his truck or set the truck on fire.

Lee testified that while police officers and firefighters were at his house

investigating the fire, appellant called him. Lee put the call on speaker so officers

could hear the call, and he asked appellant why he set the fire. Appellant responded,

“I told you I wanted my money,” and Lee replied, “I told you I was going to give

4 you your money back tomorrow at 4:30.” Appellant called Lee several times that

evening, and, at one point, Lee offered to meet him at a nearby washeteria and to

give him whatever money Lee had in his possession and the remainder of the down

payment the next day, but appellant did not appear for this meeting.

While officers were still present at Lee’s house, appellant returned to the

scene, riding in the passenger seat of a car. Lee was speaking to an investigator at

the time, and he told the investigator that appellant was the one who started the fire.

The investigator informed other officers of what Lee had said, and the officers

detained appellant. Lee identified appellant as the perpetrator of the arson.

Houston Police Department Officer J. Hatcher was dispatched to Lee’s house,

where he saw a truck that had been burned along the hood and the dashboard. This

did not look like an accidental fire to Hatcher; instead, “[i]t looked like it was set.”

Hatcher observed a container of lighter fluid located on the ground near the truck.

Hatcher was present at Lee’s house when appellant returned to the scene as a

passenger in a car, and, after Lee identified appellant, Hatcher conducted a traffic

stop of the vehicle. Before officers arrested appellant, appellant stated that he had

come by Lee’s house because Lee owed him money and Lee had told him to come

to the house.

J. Eli, an arson investigator with the Houston Fire Department, was also

dispatched to Lee’s house, where he learned that the fire had been located around

5 the hood and front windshield of the black truck. Eli examined the entire truck and

saw that there was almost no damage to the truck’s engine compartment, indicating

that the cause of the fire was likely not mechanical or electrical. The damage from

the fire was “contained to the dashboard and the windshield and mostly on the hood,”

although a hole had burned through the windshield and “scorched” a portion of the

steering wheel and the driver’s seat.

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David Fowler v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/david-fowler-v-state-texapp-2019.