Selvin Canales Chirinos v. State

Court of Appeals of Texas·Decided January 11, 2011·No. 14-09-00919-CR·Published

Opinion

Affirmed and Memorandum Opinion filed January 11, 2011.

In The

Fourteenth Court of Appeals

NO. 14-09-00919-CR

Selvin Canales Chirinos, Appellant

v.

The State of Texas, Appellee

On Appeal from the 209th District Court

Harris County, Texas

Trial Court Cause No. 1234856

MEMORANDUM OPINION

Appellant Selvin Canales Chirinos challenges his conviction for capital murder on the grounds that the evidence is legally and factually insufficient and that the trial court reversibly erred by instructing the jury on the law of transferred intent.  We affirm.

BACKGROUND

On April 17, 2007, several individuals attempted to hijack a silver[1] Ford F-150 pick-up truck on Highway 59 North in Harris County.  The incident began on the exit ramp for Bissonnet Street and culminated at the intersection of the 59 North Service Road (the “Service Road”) and Bissonnet.  Several people witnessed the incident both on and off the freeway.  The incident involved three pick-up trucks:  the silver Ford, a white Chevy, and a green Chevy.  After numerous shots were fired, two individuals were found dead, one in the Bissonnet intersection and another in the back of the abandoned silver Ford parked in a nearby strip mall. 

During their investigation, Houston Police Department (“HPD”) officers quickly identified appellant as a suspect and brought him in for questioning.  Appellant voluntarily made two video-taped statements.  In the first, he denied his involvement in the attempted hijacking, explaining that he was shot in the arm as an innocent bystander.  After watching the red-light camera video, however, he made another statement in which he admitted his involvement in the incident.  Appellant provided the following information in his second statement.  He explained that on April 16, two individuals he identified only as “Brujo” and “the Cousin” offered him $500 to help “steal” a “load of wetbacks.”  Appellant then called an individual he identified only as “Gustavo” to help.  The plan involved using two trucks to get in front of and behind the silver Ford, which the cousin and Brujo knew was carrying illegal aliens.  They also knew the silver Ford would be exiting 59 North at Bissonnet, and they planned to trap it and “intimidate” the driver into giving up his load of illegal aliens.  Brujo and the Cousin told appellant that the illegal aliens would not have weapons but that Brujo and the Cousin would be carrying guns.

On the day of the incident, Gustavo was driving appellant’s white Chevy truck with appellant as the passenger.  They drove behind the silver Ford as it exited Highway 59 at Bissonnet.  Brujo and the Cousin were driving the green Chevy, which pulled in front of the silver Ford truck on the Bissonnet exit ramp.  The green Chevy stopped, forcing the silver Ford to stop behind it.  The Cousin got out of the passenger side of the green Chevy, and appellant got out of the white Chevy.  They both approached the silver Ford; the Cousin was armed, but appellant claimed that he was not.  As appellant approached the driver’s side of the silver Ford, someone in the backseat shot at him through the window of the truck.  As appellant ran back to his truck, he heard several shots fired. 

The green Chevy and the silver Ford exited onto the Service Road and were involved in an accident at the light at Bissonnet.  When Gustavo and appellant arrived at the light at Bissonnet, appellant saw that there had been an accident at the intersection.  He also saw shooting between the green and silver trucks.  Appellant stated that the green Chevy “took off” through the intersection to the left, and the silver Ford was driven down the Service Road until it turned into a parking lot.  Gustavo drove appellant’s truck down the road behind the silver Ford and took appellant to the hospital.  Appellant expressed the Cousin’s threat that if anything went wrong, “they” would kill the person who talked.

Appellant was indicted and tried for the capital murder of the decedent found at the scene, Moises Mejia.  Specifically, he was charged with “unlawfully, while in the course of committing and attempting to commit the kidnapping of Moises Mejia, intentionally caus[ing] the death of Moises Mejia by shooting Moises Mejia with a deadly weapon, namely, a firearm.” 

Appellant’s statement was admitted at his trial, together with the red-light camera video, various crime-scene photos, bullets and fragments, and the autopsy reports from both decedents, among other things.

The red-light camera video showed a silver pick-up truck running the red light on the Service Road at Bissonnet, hitting a brown sedan on Bissonnet in the intersection, then coming to a stop.  Several individuals jumped out of the back and the cab of the silver truck and ran away.  A white pick-up truck drove up on the driver’s side of the silver truck, and a green pick-up truck pulled in behind the silver truck.  The actions between the white pickup and the silver truck’s driver’s side are hidden from the angle of the camera by the body of the silver truck.  Several small explosions appeared in the front windshield of the green truck.  An individual exited the passenger side of the green truck and approached the silver truck, only to quickly return to the green truck.  The silver truck drove away from the scene and continued straight on the Service Road.  The white truck, fully visible at this point, appeared to have the front driver’s door open.  Both it and the green truck followed shortly after the silver truck; the green truck ran over something in the road as it left the scene.  The entire incident at the intersection took less than a minute to unfold.  Once several cars cleared the intersection, the video showed what appeared to be a person lying on the street in the intersection of Bissonnet and the Service Road.

Numerous witnesses testified, including several police investigators and analysts, an individual who saw the incident beginning on 59 North, and two individuals who observed what occurred at the intersection of Bissonnet and the Service Road.  The witness who saw the incident from Highway 59 explained that he was caught in slow-moving traffic.  He was in the lane next to the Bissonnet exit and saw, through his passenger window, two Hispanic-looking individuals approaching a silver Ford pick-up truck with guns drawn.  These two individuals approached the silver Ford from behind and began shooting into the back window of the silver truck.  He testified that the silver Ford drove down the exit ramp, while he continued on 59 North to the next exit, Gessner Street, and turned around to come back to the scene.  He stated that he

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