Gates v. State

24 S.W.3d 439, 2000 Tex. App. LEXIS 3625, 2000 WL 705308
CourtCourt of Appeals of Texas
DecidedJune 1, 2000
DocketNo. 01-99-00586-CR
StatusPublished
Cited by14 cases

This text of 24 S.W.3d 439 (Gates 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
Gates v. State, 24 S.W.3d 439, 2000 Tex. App. LEXIS 3625, 2000 WL 705308 (Tex. Ct. App. 2000).

Opinion

OPINION

TIM TAFT, Justice.

A jury convicted appellant of murder and assessed punishment at confinement for 25 years. We address whether: (1) the evidence is legally and factually sufficient to prove murder; (2) a juror’s improper communication with a witness denied appellant a fair trial; (3) a police officer qualified as an expert in order to render an opinion that the deceased did not commit suicide; and (4) error in the exclusion of statements of the deceased was preserved in the absence of a bill of exceptions showing the substance of the statements. We affirm.

Facts

On August 5,1996, Sandra Hawkins (the deceased) died of a gunshot wound to the head. At the time of her death, she and appellant were in the bedroom of their apartment. The deceased was taking prescription medications for depression at the time of her death, and she and appellant had been drinking throughout the day.

Conflicting stories were presented at trial. Appellant testified that the deceased took the gun from him while he was sitting on the bed and then shot herself. The deceased’s sister, a guest in the apartment at the time of the shooting, testified that appellant shot the deceased after spending a good portion of the day threatening both women with the gun. The sister did not see the actual shooting, but ran into the bedroom immediately afterwards. She saw the appellant drop the gun from his hand as she ran into the room.

Sufficiency of the Evidence

In his first issue, appellant challenges the legal and factual sufficiency of the evidence proving murder. Appellant argues that the evidence is more supportive of a finding of suicide than of murder.

A. Legal Sufficiency

In reviewing a claim of legal sufficiency, this Court examines the evidence in the light most favorable to the verdict to determine whether any rational trier of fact could have found the essential elements of the offense beyond a reasonable doubt. Lane v. State, 933 S.W.2d 504, 507 (Tex.Crim.App.1996).

Viewing the evidence in the fight most favorable to the verdict, there is ample evidence to legally support a murder verdict. Appellant spent a significant portion of the day threatening the deceased and her sister with the gun: he waved the gun in the air, pointed it at the two women, and made other threatening actions. Immediately before the shooting, appellant and the deceased entered the bedroom, and the sister heard them arguing. The sister heard the deceased ask appellant if he planned to “blow her head off’ and, immediately after this statement, heard the gunshot. When the sister entered the [442]*442bedroom, she saw appellant putting down the gun. In addition to the fatal contact wound to the base of the neck halfway between the back of the neck and the right ear, the deceased sustained a wound and powder burns to a finger of her left hand. The assistant medical examiner who performed the autopsy concluded the wound was not self-inflicted. We hold this evidence is legally sufficient to prove appellant murdered the deceased.

B. Factual Sufficiency

In a review of a claim for factual insufficiency, this Court looks at the totality of the evidence without the prism of “in the light most favorable to the prosecution” and sets aside the verdict only if it is so contrary to the' overwhelming weight of the evidence as to be clearly unjust. Clewis v. State, 922 S.W.2d 126, 135 (Tex.Crim.App.1996).

Appellant’s theory is that the deceased committed suicide. Appellant relies on: (1) the deceased’s past medical history of depression; (2) his medical expert’s testimony stating that 15% of people treated for depression commit suicide; (3) the combination of prescription medications and alcohol in the deceased’s bloodstream on the day of her death; (4) his forensic expert’s testimony that the location of the wound on the back of the head was not inconsistent with suicide; (5) the sworn statement the deceased’s sister gave to police on the night of the shooting did not include the information that she saw appellant drop the gun after the shooting; and (6) the atomic absorption test done to determine if appellant had fired a weapon was inconclusive. Additionally, appellant points to the deceased’s past violent tendencies — the police had been called to their home on a prior occasion in order to take away from the deceased a gun that she was using to threaten appellant, and the deceased had threatened to commit suicide prior to the night she died.

While the location of the wound might not be inconsistent with suicide, the assistant medical examiner testified it was not physically possible for the deceased to have killed herself. There was also evidence that appellant might have had time to wash his hands or change clothes after the shooting and before police arrived at the scene, so the inconclusive atomic absorption test is not a significant factor. The 15% suicide rate, when viewed in the light of the other testimony and the unlikely location of the wound, is not a compelling percentage. It was for the jury to decide the credibility of, and how much weight to give, each individual’s testimony, and we conclude that their decision was not contrary to the overwhelming weight of the evidence.

The evidence is both legally and factually sufficient to support a finding of murder. We overrule issue one.

Improper Juror Communication

In his second issue, appellant complains about a juror who spoke with the son of the deceased in the elevator on the way up to the court. The juror noticed that the man was wearing a gold ribbon on his coat, and she asked him what the ribbon signified. He told her that it meant his mother had been murdered and he was in court that day to testify about it. When they got off the elevator, the juror realized the man was coming to testify in the same court where she was a juror. Upon learning of the conversation, the trial court questioned the juror about it. The trial court cautioned the juror not to talk to anyone, but denied appellant’s request for a mistrial. When the jurors were brought back into the courtroom, the trial court warned them not to speak with anyone in the hallway because they may be told something they were not entitled to hear.

A juror is not permitted to converse with anyone about the ease on trial except in the presence, and with the permission of, the court. Tex.Code.Crim. P. art. 36.22 (Vernon 1981). When a juror engages in unauthorized conversation, in[443]*443jury is presumed. Alba v. State, 905 S.W.2d 581, 587 (Tex.Crim.App.1995). The presumption is rebuttable by a showing that the ease was not discussed or that nothing prejudicial to the accused was said. Id.

In Ites v. State, this Court reversed for failure to rebut presumed injury when the defendant’s son had been running down in front of the jurors saying that if he had to spend an hour with his daddy, he would kill himself. 923 S.W.2d 675, 676 (Tex.App.—Houston [1st Dist.] 1996, pet. ref'd). Ites was being tried for aggravated sexual assault of his daughter, and his son had been sworn as a witness. Id. at 676.

In Williams v. State,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Deonta Childs-Payton v. the State of Texas
Court of Appeals of Texas, 2021
Cornelius Ashley Palmer v. State
Court of Appeals of Texas, 2021
Skief, Tiwian Laquinn
Court of Appeals of Texas, 2015
Christian Dion Black v. State
Court of Appeals of Texas, 2015
Edward Earl Washington, III v. State
Court of Appeals of Texas, 2015
Skief, Tiwian Laquinn v. State
Court of Appeals of Texas, 2013
Brad Lyle Bokemeyer v. State
355 S.W.3d 199 (Court of Appeals of Texas, 2011)
Dale Raymond Crunk v. State
Court of Appeals of Texas, 2009
Eddie Donald Gates v. State
Court of Appeals of Texas, 2003
Rockey Lee Lopez v. State
Court of Appeals of Texas, 2002

Cite This Page — Counsel Stack

Bluebook (online)
24 S.W.3d 439, 2000 Tex. App. LEXIS 3625, 2000 WL 705308, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gates-v-state-texapp-2000.