State v. Kerwick

353 S.W.3d 911, 2011 Tex. App. LEXIS 8847, 2011 WL 5247890
Court of Appeals of Texas·Decided November 3, 2011·No. 02-10-00312-CR·Published·Cited by 6 cases

Opinion

*913 OPINION

SUE WALKER, Justice.

I. Introduction

In this State’s appeal, the primary issue we address is whether the trial court abused its discretion by granting Appellee Stacie Michelle Kerwick’s motion to suppress. Based on the standard of review that we are required to apply, we cannot hold that the trial court’s ruling was outside the zone of reasonable disagreement. Accordingly, we will affirm the trial court’s suppression ruling.

II. Factual Background

At around 12:19 a.m., Fort Worth Police Officer Jeffrey J. Bradford was dispatched to a bar on North Main Street in Fort Worth in response to a call about several people fighting in front of the bar. When Officer Bradford arrived at the bar, several people were standing outside in front of the bar. Officer Bradford made contact with the person he believed to be the person who had called the police. The person was the owner of a damaged vehicle. That person pointed to a vehicle parked on the street across from the bar and said, “There they are right there. There they are, there they are.” Officer Bradford walked over to the vehicle as it started moving northbound on the street and stopped the vehicle by yelling at the driver, ordering her to stop. Officer Bradford testified that he “believed that they— at that point they were involved in an offense.”

Appellee was charged with driving while intoxicated. She filed a motion to suppress. At the suppression hearing, Officer Bradford was the only witness to testify, and no exhibits were admitted into evidence. The State’s entire questioning of Officer Bradford concerning his initial investigatory detention of Appellee-after predicatory questions establishing Officer Bradford’s employment history and that he was dispatched to the bar at 12:19 a.m. — was as follows:

Q. And why were you dispatched there? A. In reference to a fight.
Q. And did you respond to that?
A. I did.
Q. What did you know about that fight before you got to that location?
A. The details stated several people were fighting out front in front of the bar.
Q. And when you got there did you see several people outside?
A. Yeah. There were several.
Q. And did you make contact with anyone?
A. Yes, the — I believe it was the person who called the police. There was a vehicle that was damaged there. He was the owner of the vehicle that was damaged.
Q. Okay. And did you see the damaged vehicle there?
A. I did.
Q. And did you speak to that person?
A. Yes.
Q. And do you know who that person was?
A. I have it written down here.
Q. So you — you do have it written down?
A. Yes.
Q. So that person was identified to you?
A. Right.
Q. And what did — what did that person say to you?
A. He pointed at a vehicle, which was parked across the street and pointed at it and said, “There they are right there. There they are, there they are.”
*914 Q. When you say across the street, where was that vehicle parked?
A. Directly across from the [ ] bar on the east side of the roadway, facing northbound.
Q. Okay. And so is this — is this in the Stockyards?
A. It is.
Q. And is that — was that car parked in the street or in the parking lot?
A. It was in the street.
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Q. Okay. So the witness said, “There they are,” and what did you do?
A. I — I was on foot at this point. I walked over to the vehicle as it started moving northbound. At that point I stopped it.
Q. How did you stop it?
A. Ordered the driver to stop the vehicle. I yelled at her.
Q. Why did you do that?
A. Because I believed that they — at that point they were involved in an offense.
Q. And which offense do you believe they were involved in?
A. An assault, criminal mischief, or both.

The trial court granted Appellee’s motion to suppress and, upon request by the State, issued findings of fact and conclusions of law. 1

III. Standard of Review

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State v. Kerwick, 353 S.W.3d 911, 2011 Tex. App. LEXIS 8847, 2011 WL 5247890 (Tex. Ct. App. 2011).

353 S.W.3d 911 (State v. Kerwick) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State of Texas v. Kerwick, Stacie Michelle
393 S.W.3d 270 (Court of Criminal Appeals of Texas, 2013)