Bowden v. State
| Decision Date | 18 August 2021 |
| Docket Number | 08-19-00057-CR |
| Parties | ANTHONY MICHAEL BOWDEN, Appellant, v. THE STATE OF TEXAS, Appellee. |
| Court | Texas Court of Appeals |
Do Not Publish
Appeal from the 384th District Court of El Paso County, Texas (TC# 20160D05559)
Before Rodriguez, C.J., Palafox, and Alley, JJ.
A jury convicted Appellant Anthony Michael Bowden of murder and sentenced him to a term of thirty-five years' confinement and a maximum fine. In three evidentiary issues, Bowden seeks a reversal of his conviction and remand of his case for a new trial. His first two issues contend the trial court erred in denying his motion to suppress evidence of (1) a recorded interview he gave to law enforcement following his appearance before a magistrate judge where he had requested the appointment of counsel, and (2) of data contained on his cell phone, as well as records stored by his service provider both of which were obtained from the execution of four search warrants. Lastly, in a third issue, he argues the trial court erred in admitting text messages between him and a third-party witness during the guilt/innocence phase of trial.
Finding no error, we affirm.
On August 8, 2016, Detective Joe Ochoa and other officers of the El Paso Police Department responded to an apartment at 212 Lisbon where a body had been discovered and reported to police. The victim was later identified as Eric Tijerina. At the scene, Detective Ochoa met with the victim's stepfather and other neighbors who were present at the time. In addition to learning the victim's identity, Detective Ochoa learned neighbors had earlier seen an individual walking into the victim's apartment. At least one neighbor gave a physical description of the unknown person.
To start his investigation, Detective Ochoa obtained a search warrant for the victim's phone records. On receipt of those records, officers noted they showed multiple phone calls and text messages were sent to a single number at a time preceding the victim's death. An additional search warrant confirmed the number traced to a person identified as Anthony Michael Bowden. With further investigating, Detective Ochoa soon learned that Bowden was a soldier stationed at Fort Bliss. From that information, he was able to secure a photograph of Bowden and confirmed it matched with the description given by the victim's neighbor. On September 13, 2016, Detective Ochoa and his partner, Detective Ray Sanchez, went to the Fort Bliss Criminal Investigations Division to arrange to meet with Bowden. Upon meeting, Bowden agreed he would speak with them back at their headquarters.
In a video-recorded interview, Bowden answered questions for nearly an hour. The recording of his statement was played to the jury at trial. At the start, Bowden disclosed he had been employed as a specialist with the U.S. Army for a little over three years and gave other preliminary information. Detective Ochoa informed him that his name came up in an investigation of an incident that occurred several weeks prior particularly on August 8, 2016. He next described that office procedures required he read, out loud, the legal rights afforded to Bowden.[1] After he informed Bowden he was not under arrest, Detective Ochoa then asked whether Bowden understood his rights and whether he knowingly, intelligently, and voluntarily wanted to waive his rights. Bowden replied "Yes."
When told they were investigating a case involving the address of 212 Lisbon, Bowden initially denied being familiar with it or having heard of it. After Detective Ochoa mentioned they had records showing he had talked to somebody that lived in the area, Bowden revealed he had dating apps on his phone that he occasionally used to meet females. Bowden next signed a consent form allowing a search of his cell phone and its data and provided his passcode. Bowden maintained he had been in the area but denied visiting the apartment at the address where the victim lived. But, soon after Detective Ochoa disclosed that they had information indicating he had been to the apartment in question, Bowden revealed he went there about a month before August 8, but not on the date in question.
Bowden described, When asked to clarify, Bowden stated he met this person on Craigslist. He thought he was going to be "hooking up with a girl," and when he arrived, she was dressed like a girl but she looked different than her pictures. She was bigger than him. He next described they started "making out and stuff." "And then I come to find out that she had [male anatomy]." He continued, "But she -- she just continued, and I -- I was, like -- I was just in shock, like . . . and she just -- she finished." When asked for clarification, Bowden described he engaged in intercourse with that person. Afterwards, he claimed he got dressed and went home.
When pressed for more information, Bowden acknowledged he had been to the apartment but not on the date in question. Detective Ochoa then disclosed they knew he had been in the area on August 8. Bowden responded, Detective Sanchez responded he understood exactly what Bowden was saying and he was on the right track, that is, the person was murdered. Bowden replied, "I didn't even want to say the rape thing because right there, motive." Detective Ochoa interjected by asking "What is it specifically that you said about a lawyer?" Bowden confirmed he wanted a lawyer and did not want to talk any more without one. The detectives ended their questioning and explained they would go check to see if they were done with Bowden's phone.
Shortly thereafter Detective Ochoa informed Bowden he was no longer free to go and placed him in a holding cell to await further paperwork. After preparing affidavits, Detective Ochoa next sought an arrest warrant and several search warrants from a magistrate judge. He transported Bowden with him to the magistrate court. After Bowden was formally arrested, the magistrate judge set a bond and administered Miranda warnings to him. Bowden requested court- appointed counsel after the judge read his warnings. The magistrate judge also signed several search warrants including one for a sample of Bowden's DNA.
Detective Ochoa testified he returned with Bowden to police headquarters to execute the DNA search warrant and to have photographs taken of him. Afterwards, he returned Bowden to a holding cell at police headquarters and set about preparing an arrest card required for jail booking. He described that Bowden then summoned him over to the holding cell. As he approached, Bowden told him he wanted to tell him more about what took place. Detective Ochoa explained that-because Bowden had invoked his rights-a request for an interview had to come from him. After Bowden insisted, Detective Ochoa left his side and went to speak to his supervisor. A decision was made to allow Bowden to provide a second formal statement, recorded as before.
The second recording was also played to the jury. As before, Detective Ochoa read to Bowden his legal rights. After confirming that Bowden wanted to waive those rights, Detective Ochoa asked him to describe what happened. Bowden responded that what he had described in his first statement did occur, but it had occurred a month or two before August 8. Bowden then repeated he was raped as he had earlier described. Without mentioning a date, he next described he once again tried to find a partner and sent a picture of his face. The person he contacted then called him and it turned out it was the same guy with different pictures. Bowden described that the guy then said he would contact Fort Bliss and tell them: "I'm trying to pay him for sex or whatever, and he would put my picture on Craigslist under 'looking for guys,' like -- like I'm -- with my number and stuff." Bowden continued, "So he was, like, blackmailing me to come over again and also pay him $200 for his services or whatever, which I did not want to -- And then -- so I proceeded to go over there."
Bowden then described how he proceeded to the victim's apartment, while also revealing that, on the way, he stopped at a hardware store near the victim's apartment and bought a chisel. When he arrived at the victim's apartment, he went in with the chisel but "chickened out" and left it at the bottom of the stairs. He stated the guy started taking off Bowden's shirt and he thought, "I'm about to get raped again." When asked whether he brought money, Bowden responded he had left it in his car and would go get it. Instead of going to the car as he had said he would, Bowden described that he went and grabbed the chisel, then went back upstairs and "stabbed him to death." He further stated,
Bowden was later charged by indictment with the murder of Eric Tijerina. Before trial, Bowden moved to suppress his video-recorded statements and the search warrants for his cell phone records. The trial court denied both motions to suppress and the case proceeded to a jury trial. At trial the State...
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