Jordan v. State

558 S.W.3d 173
CourtCourt of Appeals of Texas
DecidedJune 5, 2018
DocketNo. 06-17-00161-CR
StatusPublished
Cited by2 cases

This text of 558 S.W.3d 173 (Jordan 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
Jordan v. State, 558 S.W.3d 173 (Tex. Ct. App. 2018).

Opinion

Opinion by Justice Moseley

A Bowie County jury convicted Patrick Jordan of discharging a firearm in a manner *175that constituted deadly conduct, a third degree felony. See TEX. PENAL CODE ANN. § 22.05 (West 2011). Jordan was sentenced to four years' imprisonment.

On appeal, Jordan argues that the trial court erred in (1) denying his request to instruct the jury that it was required to acquit him if it had reasonable doubt as to whether the State disproved his justification of self-defense, (2) denying his request to include an instruction that his belief that deadly force was immediately necessary was presumed reasonable if he knew or had reason to believe that the victim or others were committing or attempting to commit murder or serious bodily injury, (3) excluding multiple assailant language in the jury charge, (4) including a duty to retreat in its instructions on self-defense, (5) excluding evidence of the first aggressor's reputation, and (6) excluding evidence of Jordan's good reputation for honesty.

We overrule Jordan's first four points of error after concluding that he was not entitled to an instruction on self-defense. We further find that Jordan failed to preserve his fifth point of error and that no harm resulted from the trial court's exclusion of testimony regarding Jordan's reputation for honesty. Accordingly, we affirm the trial court's judgment.

I. Factual and Procedural History

The shooting involved in this case occurred in the parking lot of the Silver Star Smokehouse & Saloon in Texarkana, Texas. The evidence at trial demonstrated that Jordan and his friend, Cody Lynn Bryan, stopped at the restaurant for dinner after packing up Jordan's belongings in preparation for his move to Broken Bow, Oklahoma. Before arriving, Jordan sent a text message to his ex-girlfriend, Summer Varley, to see if she was working at Silver Star and to seek her permission to eat there. Varley, a waitress at the establishment, responded that she was at the restaurant, but was not currently working a shift. She granted Jordan permission to patronize the restaurant and buy her a drink.

Marissa Jones was waitressing at the restaurant and recalled that Varley had been at the bar drinking with friends Jordan Royal, Austin Blake Crumpton, Damon Prichard, and Joshua Stevenson. Varley testified that Royal was like a brother to her and that she had discussed with Royal the complicated nature of her relationship with Jordan. According to Varley, Royal was intoxicated and upset at Jordan's treatment of her during their relationship. Royal testified that Varley informed him of an altercation that she had with Jordan, causing him concern for Varley's well-being.

Jordan and Bryan testified that they were met by Royal at the entryway of the establishment. According to the five-foot-five Jordan, the over-six-foot Royal, a member of the Arkansas Army National Guard, "squeezed [his] hand pretty intently." Matt Cashatt, a detective with the Texarkana, Texas, Police Department (TTPD), testified that Royal instructed Jordan not to speak with Varley. Jordan said he told Royal that he was only there to eat, not to talk to Varley. Jordan and Bryan obtained a table in the main section of the restaurant, away from the bar, and ordered burgers and beers.

While they were waiting on their food to arrive, Jordan and Bryan were visited by Varley and Prichard. According to Cashatt, Varley told Jordan "that he couldn't be an asshole to her and come up there and not expect for someone to say anything to him about it." Next, Prichard approached Jordan and asked him if he liked to hit women, prompting a response from Jordan that he did not know what Prichard was talking about. At trial, Prichard testified *176that Bryan slapped him in the chest twice at the table after his conversation with Jordan and that, as a result, he instructed Bryan and Jordan to meet him outside. Bryan and Jordan both denied any physical altercation with Prichard, whom they described as having "a pretty aggressive nature." Their testimony appeared corroborated by Vince Minter, who was eating dinner with his wife at a table near Jordan and Bryan. Minter said that he saw Prichard approach Jordan and Bryan to exchange words. According to Minter, Jordan and Bryan were very quiet and were not involved in any confrontation with Prichard while in the restaurant.

Soon thereafter, Prichard, Royal, Stevenson, Crumpton, and Varley paid their tabs at the bar and walked outside, gathering near the front entrance. Varley testified that the rest of the group was upset and that she was telling everyone to calm down and mind their own business. A surveillance video recording of the front entrance showed Varley appearing to argue with the group. Meanwhile, Jordan testified that he and Bryan decided to cancel their food order to avoid confrontation. They waited ten or fifteen minutes, "[l]ong enough for [the group] to disperse from the parking lot," before exiting the business.

The surveillance recording depicted Jordan and Bryan exiting several feet to Varley's right while Royal and his group were standing several feet to Varley's left. Cashatt testified that according to Varley, Jordan said he did not mean to cause any problems and immediately attempted to leave with Bryan walking behind him.1 Varley said she told Jordan to leave because she was aware of an impending attack by Royal and feared for Jordan's safety. Bryan testified that he and Jordan walked speedily toward Bryan's car because Royal, Prichard, Stevenson, and Crumpton (collectively referred to as Royal's group) were all intoxicated and "hollering a little bit, kind of moving around." According to the recording and analysis of the same by Greg Walker, a Sergeant at the TTPD, "it appear[ed] that [Royal's] group was outside, and when Bryan and Patrick Jordan exit [the restaurant] straight out to the parking lot, the group quickly follows." Varley sped behind Royal's group, who appeared to be chasing after Jordan and Bryan as they attempted to leave. Screaming, she tried in vain to get Royal's group to leave Jordan alone. Consistent with Varley's testimony, Cashatt testified that Varley reported chasing after Royal because he was drunk and angry, and she knew Royal would "tear into [Jordan]."

There was no surveillance recording of the parking lot, allowing for two versions of the incident. According to the version of events from Varley, Jordan, and Bryan, Royal hit Bryan with such force that it knocked Bryan completely unconscious. The evidence at trial showed that Bryan was hospitalized and treated for a fractured eye socket and nose sustained from one punch lobbed by Royal.2 Bryan testified that he did not see the remaining altercation because he woke up in an ambulance. Cashatt recalled that Varley told him Royal became fired up and swung at Bryan, who did not provoke Royal. According to the second version of events from Royal and Crumpton, Bryan slapped Royal before Royal knocked him out cold.

*177Jordan testified that he turned around when he heard the punch, saw Bryan on the ground, and watched Royal signal for Stevenson to chase Jordan. Jordan tried to run to the car when Royal "reached around [his] face, fish-hooked [his] eye, and turned [him] around." Jordan testified that Royal "lock[ed him] up" and got on top of him.

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Bluebook (online)
558 S.W.3d 173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jordan-v-state-texapp-2018.