Alcala v. State
| Docket Number | 13-18-00614-CR |
| Decision Date | 28 August 2023 |
| Parties | ELOY HERACLIO ALCALA, Appellant, v. THE STATE OF TEXAS, Appellee. |
| Court | Texas Court of Appeals |
Do not publish. Tex.R.App.P. 47.2 (b).
On appeal from the 332nd District Court of Hidalgo County Texas.
Before Justices Longoria, Hinojosa, [1] and Silva
Appellant Eloy Heraclio Alcala appeals his conviction of capital murder involving a double homicide, a first-degree felony. See Tex. Penal Code Ann. § 19.03(a)(7). The trial court assessed a life sentence. By eleven issues, which we have reorganized, renumbered, and consolidated into four issues, appellant argues: (1) the evidence is insufficient to support his conviction; (2) the trial court abused its discretion in denying appellant's motion to suppress; (3) the trial court impeded his ability to cross-examine witnesses; and (4) the trial court erred in denying his request for an exclusionary rule instruction under Article 38.23(a) of the Texas Code of Criminal Procedure.[2] We affirm.
At approximately 1:30 a.m. on October 8, 2010, Pharr Police Department (PPD) Investigator Enrique Ontiveros contacted dispatch to report hearing "three loud noises that appeared to be gunshots." Within minutes, Investigator Ontiveros was directed to respond to reports of "shots fired with two men down" in the 900 block of East Santa Monica. Investigator Ontiveros arrived on scene near the intersection of East Santa Monica and South Sabino Avenue and observed a brown van with its lights on and engine running. Two men, later identified as cousins David Garcia and Victor De La Cruz, were lying motionless on the ground by the van, blood pooling around their heads. Investigator Ontiveros was soon joined by PPD Investigator Juan Manuel Quilantan Jr., Interim Police Chief Jose Alejandro Luengo, Investigator Michael Perez, Officer Eric Galaviz, Sergeant David Castillo, and Sergeant Daniel Leal.
Less than two hours later, appellant and his son, Eloy Jiovanni Perez Alcala (Jiovanni), had been identified as suspects in the double homicide and arrested. Appellant was later indicted on capital murder charges and pleaded not guilty. In a trial spanning over four weeks, twenty-three witnesses testified and well over three hundred exhibits were admitted. We summarize the relevant evidence below.
David's mother and sister, both named Maricela Garcia,[4] testified that David arrived home after midnight on October 8, 2010, severely beaten up and covered in blood. David told his mother and sister that he had gotten into a fight. Shortly thereafter, a white car, described by Maricela as a "beige or white" Cadillac, pulled up in front of their home. David went outside, and a physical altercation ensued inside the white car between David and the driver of the white car, an individual Mrs. Garcia recognized as a former classmate of David's and Maricela recognized by name-Jiovanni. A neighbor intervened and separated David and Jiovanni. Mrs. Garcia testified that Jiovanni drove away only to return and attempt to "veer[] the car into" David, who sought shelter behind a mailbox. Maricela corroborated Mrs. Garcia's testimony, stating that Jiovanni "steered the car towards" David, but David "jumped to the side of the mailbox." Jiovanni then left, and David began walking on foot towards Victor's house, located several blocks away.
At some unspecified point, Jiovanni returned but this time as a passenger in a white truck driven by another man. They were looking for David. After a brief exchange with Mrs. Garcia, the two men left the home. Maricela described the two men as "angry," and in an affidavit admitted at trial, Maricela stated that Jiovanni apologized before leaving. After the white truck departed, Maricela saw Victor's van pass by their house. "[M]aybe four minutes" later, Maricela heard gunshots. Mrs. Garcia later identified the driver of the white car as Jiovanni and the man who had accompanied Jiovanni to her home that same night in a white truck as appellant.
Luis Alberto De La Cruz and Robert Mena De La Cruz, Victor's brothers, testified that earlier that evening, they had been drinking with David, Victor, and some friends. According to Luis, David arrived around 7:00 p.m., but after four or five hours, David wanted a ride to buy drugs. Luis and Robert testified that David ultimately left the home by himself. When David returned, he "was bloodied up" with a gash on his face. David claimed to have been attacked by Jiovanni. Victor insisted that he and David confront Jiovanni. Victor and David departed in Victor's van. Luis estimated that five or six minutes elapsed, and he went inside the house. Then, Luis and Robert heard gunshots and eventually made their way to the crime scene, where Luis and Robert saw Victor's van.
David Garza testified that on October 8, 2010, he resided in the 700 block of East Santa Monica. In the early morning hours, Garza was awoken by a phone call. Already awake, Garza heard commotion coming from outside his home. Garza looked out his window and saw Jiovanni pacing back and forth, yelling, and threatening to "kill the damn dog." Believing Jiovanni was expressing an intention to kill Garza's dog, Garza prepared to go outside to speak with Jiovanni. By the time he got outside, however, Jiovanni was getting into appellant's white Dodge truck. Appellant and Jiovanni drove off, and Garza retreated inside his home.
Shortly thereafter, Garza heard three gunshots. Garza ran to the window and saw appellant's white Dodge truck traveling down Santa Monica with his headlights off. According to Garza, the truck parked along the side of the street and Jiovanni got out of the passenger side of the truck. Before going inside the home, Jiovanni went to his own vehicle-a Cadillac parked in the driveway of the home-and opened and shut the hood. Meanwhile, appellant did not immediately exit the truck. It was only after an officer drove by that appellant moved his white Dodge truck into the driveway within the fenced-off perimeter of his home.
As appellant was closing the fence gate, Garza used the opportunity to approach appellant. Garza told appellant he had heard gunshots and asked appellant if he knew what had happened. Appellant claimed he had not heard anything and excused himself. Garza testified that appellant's statement and general disinterest struck him as unusual because appellant was the head of the neighborhood watch group, and he ordinarily expressed interest in neighborhood incidents.
Garza remained outside his home and after seeing officers talking to a neighbor, he approached officers and notified them that the only vehicle he had seen traveling after the shooting had been driven by his neighbor-appellant, and appellant had just pulled the white Dodge truck into his yard.
Investigator Ontiveros testified that he was the first to arrive on scene and upon seeing the two men down, he immediately called for backup and notified dispatch that he had received information that a gray truck was witnessed leaving the scene.[5] Two minutes later, Investigator Ontiveros informed officers he had received subsequent information from an eyewitness describing the involved vehicle as a white Dodge truck.
An SUV pulled up behind Investigator Ontiveros while he was attempting to secure the crime scene. Mrs. Garcia and Maricela exited the vehicle, distraught. Mrs. Garcia told officers her son David "had just gotten into a fight" with an unknown male. Although Mrs. Garcia could not identify the male subject by name, she informed officers he drove a white truck and indicated he lived near Santa Monica and Laurel Avenue-three blocks west of the shooting.
Chief Luengo was a patrol officer on duty on October 8, 2010, when he responded to a dispatch call regarding two men down. On his way to the crime scene, Chief Luengo initiated a traffic stop of a vehicle traveling from the direction of the alleged shooting. Upon receiving a description of the suspect vehicle, he ended the stop and began canvasing the 900 block of East Santa Monica for the vehicle matching the description provided by witnesses: a white Dodge truck. While walking westbound, Chief Luengo spotted a white Dodge truck parked at 7002 South Laurel, at the intersection of Laurel and Santa Monica. Officers spoke with the residents of 7002 South Laurel and ruled the truck out as the suspect vehicle.
Chief Luengo then spoke with witnesses who directed him to 708 Santa Monica, a residence located in the intersection of La Mora and Santa Monica, one block over. Chief Luengo set a perimeter up around 708 Santa Monica. A white Dodge truck and white Cadillac were both located within the fenced area of the home. Chief Luengo recounted having received information concerning a physical altercation involving one of the deceased and the driver of a white Cadillac just prior to the shooting.
Chief Luengo testified that he accompanied Sergeant Castillo to search the white Dodge truck on the property, where Sergeant Castillo found bullets. Chief Luengo also reported seeing blood in plain view inside the Cadillac after passing through the fence line.
Investigator Quilantan testified that he helped secure and block off the crime scene to preserve any potential evidence. Investigator Quilantan then joined other officers in looking for the suspect vehicle and ruled out the involvement of two other white Dodge trucks within the neighborhood before locating a third white Dodge...
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