In re T. S.

548 S.W.3d 711
CourtCourt of Appeals of Texas
DecidedApril 10, 2018
DocketNO. 01-17-00825-CV
StatusPublished
Cited by8 cases

This text of 548 S.W.3d 711 (In re T. S.) 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
In re T. S., 548 S.W.3d 711 (Tex. Ct. App. 2018).

Opinion

Laura Carter Higley, Justice

T.S., a minor, has been charged with two counts of aggravated robbery in Brazoria, County. He brings this accelerated appeal to challenge the juvenile court's order, waiving its exclusive jurisdiction and transferring him to district court for criminal proceedings. In his sole issue, T.S. contends that the juvenile court abused its discretion by waiving its jurisdiction and transferring him to criminal court. Because we conclude that the juvenile court did not abuse its discretion, we affirm the order.

Background

On July 31, 2017, the State filed a Petition for Discretionary Transfer to Criminal Court. The State alleged that, "because of the seriousness of the offenses(s) and the background of [T.S.], the welfare of the community requires that the Juvenile Court waive jurisdiction" and transfer T.S. to criminal district court for the prosecution of two counts of aggravated robbery. The charges concerned an armed robbery of a Pearland pawn shop on June 26, 2017. Because two complainants were involved, two counts of aggravated robbery were alleged.

The State averred that T.S., who was born July 5, 2000, "is reasonably sophisticated and mature for his age and should be treated as an adult." The State asserted that "the prospects of adequate protection of the public and the likelihood of reasonable rehabilitation of [T.S.] by the use of procedures, services, and facilities currently available to the Juvenile Court is in serious doubt." The State also requested a hearing on the petition.

The juvenile court conducted an evidentiary hearing on the transfer petition on September 26, 2017. Detective C. Arnold of the Pearland Police Department testified about his investigation of the aggravated robbery. Detective Arnold was on duty on June 26, 2017 when the robbery at the pawn shop occurred. He responded to the scene and was placed in charge of the investigation.

When he arrived, Detective Arnold spoke to the three pawn shop employees who were working at the time of the robbery. He also viewed a store surveillance video that had captured the event. On the video, Detective Arnold saw a white truck back up to the pawn shop, five masked males jump out and run into the store.

One of the individuals brandished a handgun, which he pointed at two store employees. This individual was later determined to be Jacoby West. While West held the employees at gunpoint, the other four robbers jumped the counter and began loading rifles into duffle bags. Unbeknownst to the assailants, a third employee in the back of the store alerted authorities to the robbery. The employee also activated a metal door to close over the gun case.

*715The five assailants then fled the store and left in the white truck to a nearby church parking lot. When the police arrived, the assailants split up. West was able to evade police on foot, but the other four individuals were detained.

T.S. was one of the four individuals apprehended. Detective Arnold testified that T.S. was 16 years old at the time of the robbery, and the other three individuals apprehended that night were 17 years old. Detective Arnold confirmed that the robbery occurred nine days before T.S.'s seventeenth birthday.

Two of the three 17-year-olds, J.J. and D.G., spoke to police. They each provided information about the robbery. J.J. and D.G. each identified T.S. as being involved in the robbery.

A tip soon led to the arrest of West, who, at the time of the robbery, was 26 years old, making him the only adult in the group. After his arrest, West was identified as a perpetrator in another robbery in Houston. West was taken to the Houston Police Department where Detective Arnold spoke to him about the Pearland pawn shop robbery. West admitted to Detective Arnold that he and D.G. had stolen the white truck used in the robbery in a recent carjacking. West also admitted that he provided the gun used in the robbery and that he had been the gunman.

When asked what West had said about his "co-actors" in the robbery, Detective Arnold testified that West "laid out all of their involvement and prior planning that went into the robbery." Detective Arnold said that West had identified T.S. as being involved in the planning of the robbery. West told Detective Arnold that he and two of the 17-year-olds, D.G. and J.J., had conducted "dry runs" to the pawn shop to learn how many guns the store had and where the security camera were located.

On cross-examination, Detective Arnold acknowledged that T.S. had not directly threatened anyone during the robbery. He agreed that the violent actor had been West, who wielded the gun. Detective Arnold acknowledged that the "totality of the evidence" gathered in his investigation suggested that West was "the guy that planned [the robbery] and recruited children to do it with him." However, Detective Arnold also testified that T.S. had indirectly threatened people in the pawn shop. Detective Arnold stated, "The mere act of jumping over the counter, grabbing firearms and rushing out of the store, that whole act put those individuals in fear inside the store."

Detective Arnold testified that the video did not show West controlling the four minors during the robbery. He pointed out that West's focus was on the store employees, and his back was to the four minors as they jumped the counter and grabbed the rifles. He stated that the four minors appeared to be "focused and driven" on their task of grabbing the guns. He testified that T.S. did not appear to be "operating under any duress or any threats or any coercion." Detective Arnold stated that, to the contrary, he learned information during the investigation indicating that T.S. was not operating under duress during the robbery. Specifically, Detective Arnold was told by T.S.'s "four co-defendants," Houston police, and an Alcohol, Tobacco, and Firearm (ATF) agent that T.S. was involved "in a similar aggravated robbery that occurred in Houston."

Dr. Fuller, the psychiatrist the court ordered to evaluate T.S. for the transfer hearing, also testified. Dr. Fuller had prepared a written report of his evaluation, which was admitted into evidence.

Dr. Fuller stated that, at the time of their meeting, T.S. was 17 years old and in the tenth grade at Can Academy, which *716Dr. Fuller described as "an alternative school" "for youths who have had some difficulties in their regular high school." T.S. told Dr. Fuller that he had previously attended Sterling High School but had been expelled.

Dr. Fuller agreed that, at 17 years old, T.S. should be in a higher grade than tenth grade. However, "the fact that [T.S.] was behind a grade in school" was not a concern to Dr. Fuller. When asked whether being a grade behind might "suggest a mental deficiency that may impact [T.S.'s] trial knowledge, his understanding of the legal process, and his ability to participate in his defense," Dr. Fuller testified it could, or "[i]t could suggest behavioral problems" or a combination of the two. Dr. Fuller noted that T.S. told him he was receiving "decent grades," B's and C's, in school.

T.S. told Dr. Fuller that he "had been evaluated for and treated for Attention Deficit Hyperactivity Disorder when [he was] younger" but was uncertain whether he had ever taken medication for ADHD. T.S. did not indicate that he had any other psychiatric diagnosis. T.S. also reported to Dr.

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

Related

In the Matter of J. B. v. the State of Texas
Court of Appeals of Texas, 2025
In the Matter of D. T. v. the State of Texas
Court of Appeals of Texas, 2025
In the Matter of C.P.R. v. the State of Texas
Court of Appeals of Texas, 2023
in the Matter of T.S.
Court of Appeals of Texas, 2021
in the Matter of A.S.
Court of Appeals of Texas, 2019
in the Matter of A. M.
Court of Appeals of Texas, 2019
In re A.M.
577 S.W.3d 653 (Court of Appeals of Texas, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
548 S.W.3d 711, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-t-s-texapp-2018.