Brooks v. State

• Decision Date: 31 March 1999
• Docket Number: No. 72806,72806
• Citation: 990 S.W.2d 278
• Parties: Carl BROOKS, Appellant, v. The STATE of Texas.
• Court: Texas Court of Criminal Appeals

Page 278

990 S.W.2d 278

Carl BROOKS, Appellant, v. The STATE of Texas.

No. 72806.

Court of Criminal Appeals of Texas,

En Banc.

March 31, 1999.

Rehearing Denied May 26, 1999.

Donald H. Fidler, Jr., San Antonio, for appellant.

Enrico B. Valdez, Assist. DA, Edward F. Shaughnessy, III, Assist. DA, San Antonio, Matthew Paul, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

McCORMICK, P.J., delivered the opinion of the Court, in which KELLER, HOLLAND and KEASLER, JJ., joined;

Appellant was convicted of capital murder that was committed on or about October 26, 1995. V.T.C.A., Penal Code, Section 19.03(a)(2). At the punishment phase of trial, the jury answered the special issues in such a manner as to require the trial court to sentence appellant to death. Article 37.071, Section 2(b) and (e), V.A.C.C.P. The trial judge sentenced appellant to death pursuant to Article 37.071, Section 2(g). Direct appeal to this Court is automatic. Article 37.071, Section 2(h). Appellant raises twenty-four points of error. We will affirm.

The evidence presented at trial shows that Reginald Taylor and his friend, Demeture DeLane, met the victim, Frank Johnson, on the afternoon of October 26 at the Candlestick Circle Apartments in San Antonio. Thereafter, Reginald and Demeture accompanied the victim to an automotive shop so that he could sell "weed" (marijuana) to some individuals. The three of them drove to the shop in the victim's car.

When they arrived the victim parked the car in the front of the building. The victim went inside the shop with a "pound of weed wrapped up in a towel." Reginald and Demeture waited in the car for the victim to return. Shortly thereafter, Arnold Johnson ("Little Arnold" no relation to the victim) came to the car and told Reginald and Demeture that the victim "said bring the car around to the back." Little Arnold then drove the car himself around to the back of the building and parked it there. Reginald and Demeture were told to get out of the car. All three then proceeded around to the front of the building. Reginald was ordered into the shop by appellant at gun point. Meanwhile, Demeture pulled out his own gun and ran from the building.

Appellant asked the victim about the whereabouts of his money and any more marijuana. The victim initially told appellant that all he had was $25.00 and the pound of marijuana, but later said that he had six more ounces of marijuana in the car. Someone was sent to get the additional marijuana from the car. At this point, the victim and Reginald were ordered to take off most of their clothes. Meanwhile, Little Arnold had backed the car up to the door of the auto shop. The victim and Reginald were then told to get into the car. Appellant ordered the victim to sit in the front passenger seat and Reginald to sit behind the driver in the rear seat. Appellant sat behind the victim and Little Arnold drove the car. Appellant was holding his TEC-9 semi-automatic pistol. Reginald was ordered to put his head down between his legs and not look up. Appellant told Reginald that if he looked up he would be shot.

Soon thereafter, Little Arnold asked the victim "Do you feel like you are going to die today?" To which the victim said "yes." At that instant, appellant shot the victim in the back of the neck. Little Arnold then ordered Reginald to get out of the car whereupon Reginald jumped from the car. As Reginald was jumping from the moving car, he saw appellant fire a second shot into the back of the victim's head. When Reginald was out of the car, he briefly looked back at the car and then began to run down the street.

Reginald asked a man he saw to "call 911 and tell them to come out here to this street, I just had a homeboy get shot in the back of the head." Reginald was then given a ride home from a lady whom he flagged down as he ran down the street. At home, Reginald talked with his brother about the shooting. After he got dressed, Reginald went to Larry's house. Larry was a close friend of the victim's. Both Reginald and Larry returned to the scene of the shooting where the only thing they noticed was blood on the street. Reginald and Larry then went to the victim's mother's house to tell her what had happened. After they told her what had taken place, Reginald and Larry drove to the San Antonio police substation so that Reginald could make a statement.

Meanwhile, San Antonio Police Officer Emanuel Keith received a dispatch for a "down and out." According to Officer Keith a "down and out" meant that the call would include an intoxicated vagrant, or someone sick or injured in the roadway, or someone who couldn't walk or was unable to do anything for themselves at that time. Upon arriving on the scene, Officer Keith was told by a bystander that there was someone lying on the ground in the street. Officer Keith testified that he found the victim lying on the ground. The victim was wearing a T-shirt, boxer shorts, and a pair of socks. Keith also testified that the body had no shoes, no pants, or other items of clothing. He also testified that blood was "oozing" from the victim's head.

Demeture DeLane testified that he and Reginald Taylor met the victim at the Candlestick Apartments on October 26. He testified that all three of them got into the victim's car and drove to the shop so that the victim could sell some marijuana. At the shop, Demeture watched the victim exit the car and take a bag of marijuana into the building. Demeture testified that Little Arnold came out of the building and drove the car to the back of the shop and then ordered them to get out of the car. Demeture also recalled that appellant pointed a TEC-9 semi-automatic handgun at him and told him not to run. However, Demeture instead took off running.

Detective Daniel Terrill with the San Antonio Police Department collected and processed the crime scene evidence. Detective Terrill recovered two shell casings and a blood sample from the pavement. Sergeant Brian Custard, also with the San Antonio Police Department, processed the victim's car found at the intersection of Hedges and Terrell Street. Custard found a spent bullet located a few feet from the driver's side of the car. He also found a shell casing in the car's right front floorboard. Sergeant Custard found three 9 millimeter ammo rounds inside the car, and a rifle round. An AK-47 assault rifle was discovered in the trunk. The three 9 millimeter rounds were found in the floorboard of the backseat and on the front seat. Custard located a blood stain on the ground next to the car and a bullet hole in the windshield. He testified that brain matter was discovered on the passenger door. There were two sets of fingerprints lifted from the car. Ralph Looney, a latent fingerprint examiner for the San Antonio Police Department, testified that the prints from the right passenger door window of the car matched appellant's left ring finger. Richard Stengal, a retired firearms and tool mark examiner, testified that the cartridge cases recovered from the crime scene were all fired from the same weapon. He identified them to be nine millimeter casings. Both bullets showed the same type of markings and were consistent with being fired from a TEC-9 semi-automatic handgun.

Carolyn Revercomb, a former assistant medical examiner with Bexar County, performed the autopsy on the victim on October 27. She testified that the victim had two gunshot wounds. Gunshot wound No. 1 was fired at close range. It entered the decedent on the back of the left neck and passed through the esophagus and passed out through the right front of the neck. Gunshot No. 2, also fired from close range, entered the back of the head and passed through the skull, into and through the brain, and exited the left side of the forehead. Dr. Revercomb testified that the two gunshots were fired at close range because there was blackening or soot located on the skin surrounding the wounds. She concluded that the these wounds were inflicted within a range of six inches. Dr. Revercomb also testified that both wounds were potentially fatal. At the conclusion of the autopsy, the victim was tested for drug use, but the toxicological report found no evidence that he was under the influence of any drug or alcohol at time of death.

Zackery Greenwood testified that on October 26 he was having his car repaired at the auto shop. He observed Arnold Johnson and appellant arrive there together around noon that day. Zackery knew appellant because they were at one time both involved with the same girl. He recalled seeing appellant with a TEC-9 that day at the auto shop. Zackery also remembers seeing the victim driving a vehicle with two passengers that day. He recalled that the car parked in front of the shop. He testified seeing the victim walk into the shop. Zackery testified that the victim's two passengers did not get out of the car at that time. Next, he observed Little Arnold drive the victim's vehicle to the rear of the building. Zackery remembered seeing Little Arnold and the two passengers get out of the car and walk along the side of the building to the front. He then observed "one of the guys that came with" the victim run from around the building with what appeared to be a gun in his hand. He then observed the victim get into the car and sit in the passenger's seat. He saw appellant get into the car and sit behind the victim in the back seat next to the victim's friend who was already in the car. He also recalled seeing Little Arnold behind the steering wheel. As the car drove off, Zackery described the guy seated behind the driver as "like laying, like getting down, you know, like in that manner." The car left and approximately 30 minutes later appellant and Little Arnold returned in another car driven by a woman. Evelyn Whitley testified that on October 26 she drove appellant and Little Arnold to the shop.

Mack Simpson testified that he was arrested on October 29 by...