Langley v. State

723 S.W.2d 813, 1987 Tex. App. LEXIS 6368
CourtCourt of Appeals of Texas
DecidedFebruary 6, 1987
Docket12-86-0060-CR
StatusPublished
Cited by9 cases

This text of 723 S.W.2d 813 (Langley 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
Langley v. State, 723 S.W.2d 813, 1987 Tex. App. LEXIS 6368 (Tex. Ct. App. 1987).

Opinion

COLLEY, Justice.

Gerald Langley was convicted by a jury of aggravated kidnapping. The jury assessed his punishment at twenty-five years’ confinement. We affirm.

The record shows that on October 15, 1984, Langley and approximately five other inmates of the Eastham Unit of the Texas Department of Corrections confined in the north solitary unit, “shorted” the electronic door locks on all individual cells in the solitary unit, thereby opening the automatic door locks on the barred inside doors of each cell. This group of inmates, acting together, but led by one Jack Knapp, overpowered corrections officer Ronald Will-mon, the only officer on duty in that unit. Willmon testified that Knapp grabbed him around the neck and that Langley was standing right behind Knapp at the time. Willmon stated that another inmate, Danny Davis, opened his cell door and came out, and the inmates walked Willmon “inside the little cell there.” Willmon further testified that he was blindfolded and that Davis and Knapp handcuffed his hands behind him; Knapp took his keys, gave them to Langley and told him to go lock all the doors to the cells of people they didn’t want out.

Willmon testified that he was then led handcuffed and blindfolded to the hallway of the unit where he was seated so that he could be seen by prison officers and officials outside the solitary unit. Willmon stated that some prison officials came to a window opening of the unit on the outside of the solitary unit and were conversing with the inmates. He testified that he heard an unidentified inmate say that they needed a walkie-talkie so they could communicate. Then, according to Willmon, Knapp told Langley to “come over and sit down beside me, you know, to watch over me.” Willmon’s testimony also reveals that the inmates had found a wooden box in which there was a tape recorder. The box was locked with a padlock, but after the inmates were told that the box contained a tape recorder, the box was opened by the inmates; the tape recorder was brought to Willmon to record a message to the authorities at the prison unit. Knapp then told Willmon to state his name and *815 that he was all right. Willmon was further instructed to inform the prison officials that all the inmates wanted was a walkie-talkie and that “they better keep the door [to the unit] shut.” Willmon testified that after he had recorded the message, the blindfold was removed, and he saw Knapp, Langley and three other inmates standing close to him. Langley was holding the tape recorder. Shortly after these events, Willmon related that a rescue team came through the front outside door of the unit firing tear gas and that he was released by Knapp who pushed him towards the door.

Bobby R. Boykin, another corrections officer, testified that he was alerted to the breakout of the inmates by an inmate trustee who was working as a porter in the solitary unit. Boykin stated that he opened the door and saw Langley and Knapp bringing Willmon out of a cell into an open area of the unit. Boykin testified further that Langley had his arm around Willmon’s neck. Building Captain Robert H. Babic testified that while he was at the scene immediately outside the solitary unit, he could hear inmates shouting, demanding a walkie-talkie, and saying if they “didn’t get them a walkie-talkie within five or ten minutes that they were going to kill Officer Willmon.”

John L. Bonner, an assistant warden at the Eastham Unit, testified that after the breakout, he checked all of the cells and found that only the wiring in Langley’s cell “had been pulled out of the conduit and tied together.” Therefore, “the locks [on each cell] would automatically come open.” Bonner testified that he and another warden talked with Langley and Knapp through a window opening of the solitary unit. He stated that Langley told them “that if we try to make assault we were going to drag out a dead boss.” 1

Langley presents four points of error. He contends by his first two points that the evidence is insufficient to sustain his conviction because the State failed to establish his criminal responsibility under the law of parties 2 or that by his own conduct he committed the offense in concert with the other actors. Langley also argues that the evidence is insufficient to establish that deadly force was used or threatened to restrain Willmon in order to prevent his liberation, as alleged in the indictment.

The elements of aggravated kidnapping, relevant to this case, are that a person (1) intentionally or knowingly (2) abducts (3) another person (4) with the specific intent to use him as a shield or hostage. Section 20.04(a)(2); Phillips v. State, 597 S.W.2d 929, 932 (Tex.Cr.App.1980). Langley argues that the record reflects that no “deadly force” 3 was used directly against Will-mon and that no threats to use “deadly force” were communicated directly to Will-mon to prevent his liberation. Therefore, Langley claims that the evidence is insufficient. We disagree.

It is true that no serious bodily injuries were inflicted on Willmon during the time he was restrained of his liberty, and neither Langley nor any other inmate directly threatened Willmon with the use of deadly force during the episode. However, Langley himself warned Warden Bonner, in effect, that Willmon would be killed if any attempt was made to liberate him. Such language constitutes an express threat to use deadly force against Willmon. As applicable to the facts of this case, section 20.01(2) defines “abduct” as follows: “ ‘Abduct’ means to restrain a person with intent to prevent his liberation by; ... (B) using or threatening to use deadly force.” (Emphasis added.) We construe this definition of “abduct” to include threats to use deadly force against the kidnapped victim made with intent to prevent his liberation whether they be directed to the victim, or to his would-be rescuers.

*816 The indictment, omitting the formal parts, alleged that Langley “did then and there intentionally abduct [Willmon] without his consent, with intent to prevent his liberation, by using and threatening to use deadly force on [Willmon] and with intent to use him as a shield or hostage.” In the ' guilt-innocence phase of the trial, the trial court abstractly instructed the jury on the law of parties and then charged them on the application of the law to the facts of the case as follows:

Now, if you find from the evidence, beyond a reasonable doubt, that on or about the 15th day of October, 1984, in Houston County, Texas, that Gerald Langley did intentionally or knowingly abduct Ronald Wilmon, without his consent, with intent to prevent his liberation, by using or threatening to use deadly force on Ronald Wilmon and with intent to use him as a shield or hostage or that the defendant, Gerald Langley, acted with intent to promote or assist Jack Knapp in the commission of the offense of aggravated kidnapping of Ronald Wil-mon, then you will find the defendant, Gerald Langley, guilty of aggravated kidnapping as charged in the indictment.

No complaint is made by Langley about either the indictment or the charge, and we perceive no unassigned error that should be addressed in the interest of justice.

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Related

Tibbs v. State
125 S.W.3d 84 (Court of Appeals of Texas, 2003)
Tibbs, Randy Dale v. State
Court of Appeals of Texas, 2003
Beasley v. State
902 S.W.2d 452 (Court of Criminal Appeals of Texas, 1995)
Anderson v. State
901 S.W.2d 946 (Court of Criminal Appeals of Texas, 1995)
Ex Parte Langley
833 S.W.2d 141 (Court of Criminal Appeals of Texas, 1992)

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Bluebook (online)
723 S.W.2d 813, 1987 Tex. App. LEXIS 6368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/langley-v-state-texapp-1987.