Travis Shawn Monaghan v. the State of Texas

Court of Appeals of Texas·Decided January 9, 2025·No. 11-23-00240-CR·Published

Opinion

Opinion filed January 9, 2025

In The

Eleventh Court of Appeals

No. 11-23-00240-CR

TRAVIS SHAWN MONAGHAN, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 42nd District Court Taylor County, Texas

Trial Court Cause No. 28835-A

MEMORANDUM OPINION

In a two-count indictment, Appellant, Travis Shawn Monaghan, was charged with the first-degree felony offense of aggravated robbery (Count One) and the second-degree felony offense of aggravated assault, by striking Gregory Webb on or about the head with his hand or an unknown object, causing Webb to sustain serious bodily injury (Count Two). TEX. PENAL CODE ANN. §§ 29.03(a)(1), 22.02(a)(1) (West 2019 & Supp. 2024). The jury acquitted Appellant of aggravated

robbery but found him guilty of aggravated assault. After Appellant pled “true” to the enhancement allegation, the jury assessed Appellant’s punishment at thirty years’ imprisonment in the Institutional Division of the Texas Department of Criminal Justice. The trial court sentenced Appellant accordingly.

In his sole issue on appeal, Appellant challenges the sufficiency of the evidence to support his conviction for aggravated assault. We affirm.

I. Factual Background

On April 20, 2018, Webb’s father received a phone call from an unknown number; a male whose voice he did not recognize made the call. The male caller told Webb’s father that he had rescued Webb, who “had been beaten by two [B]lack people” and was severely injured. The caller then specifically requested that Webb’s mother travel to Abilene to take Webb to a proper facility for medical care. Webb’s father became suspicious of the caller, and because he lived approximately sixty miles from Webb, he called the Abilene Police Department (APD) to report that his son had been assaulted.

Around 2:40 a.m. the same day, APD Officer Brady Broyles was dispatched to Webb’s apartment. Webb answered the door. According to Officer Broyles, it appeared that Webb had been recently assaulted—his left eye was almost swollen shut, and Officer Broyles observed that Webb appeared to be scared. Two other individuals, Appellant and James Sims, were also present in Webb’s apartment. Webb told Officer Broyles that he had been assaulted “outside” in the apartment complex, and that he did not know what had occurred or who had assaulted him. Webb also told Officer Broyles that he wanted to go back to bed because he was in pain. While Officer Broyles was speaking with Webb, he noticed Webb signal to him that he wanted the other men to leave his apartment. Officer Broyles then instructed Appellant and Sims to step outside.

Officer Broyles spoke to Appellant outside the apartment. Officer Broyles testified that he “lost track” of the various explanations Appellant provided as to why he was at Webb’s apartment that night. Initially, Appellant told Officer Broyles that “some guys . . . from upstairs” attacked Webb and that he came over to check on him. Later, Appellant stated that Webb went to “[the] wrong hookup” to get drugs and that an individual decided to “jack him.” Appellant also told Officer Broyles that he was not present when Webb was assaulted. However, after Officer Broyles observed blood stains on Appellant’s clothes and questioned Appellant about them, Appellant then told the officer that the blood on his shirt was from those who had jumped Webb.

Officer Broyles testified that Appellant was unable to recall Webb’s name during their interaction, and he believed that Appellant “was under the influence of something” at that time. Officer Broyles took photographs of Appellant and Sims and instructed them to leave the premises. Officer Broyles then returned to the apartment to speak to Webb, but Webb did not answer the door. Officer Broyles’s photographs of Appellant and Sims—as well as his body camera footage of his contact with Webb, Appellant, and Sims—were admitted and published to the jury at trial.

Around 4:00 a.m., APD Officer Jay Young 1 responded to a disturbance between Appellant and Sims near Webb’s apartment. Officer Young observed blood on Appellant’s breast pocket and stated that Appellant was unable to follow basic instructions. Officer Young searched Appellant’s backpack and found a pill bottle of medication that belonged to Webb. At some point during their interaction, Officer Young determined that Appellant was “under the influence of some kind of

Prior to trial, Officer Jay Shafer changed her name to Jay Young. We will refer to her as “Officer 1

Young” in this opinion.

substance,” and she arrested Appellant for public intoxication and possession of a dangerous drug. Officer Broyles was also present during the arrest. Appellant’s arrest was captured and recorded by the dash camera in Officer Young’s patrol unit and the recording was published to the jury at trial.

Dr. John Russell, an emergency physician, testified that he treated Webb’s injuries on the afternoon of April 20. Dr. Russell recalled that Webb had multiple lacerations as well as maxillary and orbital fractures to his face. Based on the injury pattern to Webb’s face, Dr. Russell believed that Webb had been struck about his face multiple times. Dr. Russell testified that Webb told him that he was walking his dog, “and he came in and at some point lost consciousness and woke up with ten unknown people in his home.”

Dr. Russell testified that Webb’s injuries were consistent with someone being struck by a blunt object. Dr. Russell stated that the types of injuries that Webb sustained were caused by a significant amount of force, and that he has observed similar injuries to patients that have been struck in the face with a pipe. According to Dr. Russell, it is more likely that Webb’s injuries were caused by an object rather than a fist. Webb underwent facial reconstruction surgery to repair the damage that he suffered as a result of the assault. Dr. Russell opined that Webb’s injuries constituted serious bodily injury, and that the object used to injure Webb was a deadly weapon.

On May 10, 2018, Webb contacted APD Detective Roger Romero to report that he was a victim of an aggravated assault that had occurred on or about April 20. Webb told Detective Romero that he was in his bedroom when he was struck several times, causing him to lose consciousness. Webb told Detective Romero that he did not see who struck him, but he believed it was Appellant because they had been arguing, and Appellant was the only other person in the apartment at the time he was struck. Webb also told Detective Romero that a necklace, watch, and $100 in cash

had been stolen from his apartment after he was assaulted. The next day, Detective Romero went to Webb’s apartment to take photographs of the scene and locate evidence of the assault. Detective Romero recovered bloodied bedding and pillowcases from Webb’s bedroom, and he photographed blood spatters that were present on the walls and ceiling of Webb’s bedroom.

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Travis Shawn Monaghan v. the State of Texas, (Tex. Ct. App. 2025).

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