Keech v. State

707 S.W.2d 178, 1986 Tex. App. LEXIS 12285
CourtCourt of Appeals of Texas
DecidedFebruary 27, 1986
DocketNo. 13-85-317-CR
StatusPublished
Cited by4 cases

This text of 707 S.W.2d 178 (Keech 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
Keech v. State, 707 S.W.2d 178, 1986 Tex. App. LEXIS 12285 (Tex. Ct. App. 1986).

Opinion

OPINION

BENAVIDES, Justice.

Appellant was convicted of murdering her husband and was sentenced to sixty years’ imprisonment in the Texas Department of Corrections. We affirm appellant’s conviction.

Appellant asserts six grounds of error on appeal, claiming: (1) the trial court erred in refusing appellant’s requested charge on accomplice witness testimony as a matter of fact; (2) the court erred in refusing to charge on accomplice witness testimony as a matter of law; (3) the evidence was insufficient to prove the offense charged; (4) the court erred in refusing to charge on the lesser included offense of voluntary manslaughter; (5) the court erred in overruling appellant’s objections to “have you heard” questions posed by the State; and (6) the court erred in overruling appellant’s objection to the introduction of a handgun demonstration conducted by the State’s witnesses.

At approximately 2:00 a.m. on October 17,1983, police answered a call regarding a possible burglary at a residence in Live Oak, Texas. Upon entering the residence, the officers found the body of James Keech on the floor of the master bedroom, face down, apparently shot in the back of the head. Medical technicians, called to the scene at approximately 2:30 a.m., observed rigor mortis and livor mortis in the body, and thus made no effort to revive the victim. The call to police had been placed by the Keeches’ neighbor, where appellant and her children were located during the bur[180]*180glary investigation. Shortly thereafter, the police and medics informed appellant of her husband’s death.

Appellant gave two written statements regarding the events of the evening. In her first written statement, taken on October 18, 1983, appellant stated that on October 16, 1983, she and her husband closed their place of business, The Starlight Lounge, sometime between 8:30 and 9:00 p.m. They then went to dinner and arrived home to find their son Jimmy watching “Galligar” on T.V. and their other two children, Stephanie and David, asleep in David’s room. Appellant’s statement continued as follows:

I walked in, I told Jimmy to go to bed, checked the sliding glass door to see if it was locked. I also turned off the lights in the spare bedroom. I don’t recall if the side door was locked. I then went into my bedroom, placed my purse in the closet and I think I placed the money bag on the ironing board which is in our bedroom. Jim went into the living room, took off his boots and began watching T.V.
I started to make a pot of coffee and then went to put on my robe. I then watched a little of Galligar on T.V. and had a cup of coffee.
I then decided to go to bed, Jim stayed watching T.V. I layed down on our bed. But then I had to take some Malox, then went to the bathroom. I then went to my daughter’s bedroom. I may have had a cigarette, but am not sure. I layed down for a while. When I left the room a short time late (sic) Jim was asleep in his chair, wearing only his under shorts and M.A.S.H. was on T.V.
I woke him up, he got a glass of water for himself and I got a glass for myself. We went back to the living room talking, it was about the ballgame and about Pete’s party. Jim was also having trouble with his stomach and went to the bathroom. Then we went to our bedroom.
Later I got up again to get a glass of water. I checked the alarm and it was after 1:00 a.m. As I was leaving the room after opening the door I heard a noise. It was a noise that I can’t describe. It was not the noise of the door opening. I recognize that door sound because that door sticks. I told Jim that I heard a noise. Jim was laying down. He got up and began reaching for his gun. He keeps it in the drawer of the water bed sometime (sic) and other times it’s on the night stand. I don’t remember exactly what he was doing. He told me to get the children and wait until he called me. The best I recall he said “get the children.” I ran down the hall to Jimmy’s bedroom, the older boy. I dragged him from his room to David’s room which is across the hall. I recall seen (sic) Jim standing in front of our bedroom. We all barracaded ourselves in David’s room, Stephanie, David, Jimmy, our dog and myself. About 30-40 minutes later, we all climbed out through the window and went next door to Lupe and Carol Yount. While we were in David’s room we didn’t hear any shot. We heard some noises but I can’t say what it was. After we had been in David’s room for about 15 minutes, we looked out the window. I remember seeing two cars that belong to my neighbors, the Smiths. I thought I saw a silhouette of a person along the Smith’s back fence by the sign “Dead End.” I mentioned to the kids that I saw one (sic) one.
Later the police arrived at Lupe’s house. We told him what was going on and after they went into my house to look for my husband. The police kept asking me to stay at Lupe’s house. Shortly thereafter Live Oak Rescue, then an ambulance arrived. Finally I was told by a lady from S.A.F.E.S. that my husband was dead.

On November 1, 1983, appellant gave the following statement:

On Oct. 18, 1983 I voluntarily gave a written statement to Texas Ranger A. Cuellar reference (sic) the death of my husband James Keech. Everything I said in that statement was correct how[181]*181ever I failed to say that Herbert Reil, a friend of mine, had been at my house on Oct. 16, 1983. I believe that M.A.S.H. was on T.V. so it was probably between 10:30 p.m. and 11:00 p.m. when Herb came to our house. I don’t know when he left.
The next morning, after my husband’s death Herb called me at Minnie Mauger’s house. He asked me not to tell the police about him being there because he had been in the penitentiary before and because of all the trouble Herb had with James.

Officer Adolfo Cuellar testified at trial that at the time of taking appellant’s first statement, he specifically asked her if anyone had been at her house on the evening of October 16, and she responded “Not that I know of.” Between October 18 and November 10, 1983, Cuellar continued the investigation with Officer Gary Hopper. During that time, they determined someone had visited the Keech home on the evening of October 16. They knew that a vehicle had been there shortly after midnight, knew the identity of the person in possession of the vehicle, and had been told that person was a friend of appellant’s. When confronted again on November 10, appellant admitted that Herbert Reil had been at her home on the evening of her husband’s death, but “didn’t think anything wrong with it at the time” to withhold Reil’s name from the police.

At trial, the State utilized Reil’s testimony in its case in chief. Reil testified that he and appellant had been involved in an adulterous affair; that she had asked him to come over to her house around midnight on the night of the incident1 and that he was at her house at 12:10 a.m. on October 17, 1983. Reil testified that when he arrived at the Keech residence the appellant greeted him, appeared upset, showed him the body of her husband, asked him to get rid of the murder weapon, and said she would make the shooting look like a burglary. Reil testified on direct examination that appellant said her husband had gotten angry, they had fought over the gun, and she had shot and killed him, but refused his suggestion to call the police to report the shooting as an accident.

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Cite This Page — Counsel Stack

Bluebook (online)
707 S.W.2d 178, 1986 Tex. App. LEXIS 12285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keech-v-state-texapp-1986.