Canfield v. State

• Decision Date: 04 June 2014
• Docket Number: No. 01–12–00303–CR.,01–12–00303–CR.
• Citation: 429 S.W.3d 54
• Parties: Jonathan D. CANFIELD, Appellant v. The STATE of Texas, Appellee.
• Court: Texas Court of Appeals

429 S.W.3d 54

Jonathan D. CANFIELD, Appellant

v.The STATE of Texas, Appellee.

No. 01–12–00303–CR.

Court of Appeals of Texas,

Houston (1st Dist.).

Feb. 13, 2014.

Discretionary Review Refused June 4, 2014.

Kurt B. Wentz, Houston, TX, for Appellant.

Devon Anderson, District Attorney, Heather A. Hudson, Assistant District Attorney, Harris County, Texas, Houston, TX, for Appellee.

Panel consists of Chief Justice RADACK and Justices SHARP and MASSENGALE.

OPINION

SHERRY RADACK, Chief Justice.

This is a capital-murder case. Appellant Jonathan Canfield was convicted by a jury and sentenced by the trial court to life imprisonment. We affirm the trial court's judgment.

THE EVIDENCE

Appellant's former uncle by marriage, Mario Towns, was shot and killed by William Garret (known as “Plug”), one of appellant's friends. Appellant was charged and convicted of capital murder as a co-conspirator or party. Several fact witnesses testified at trial, giving a fairly consistent account of the parties' relationships, the surrounding events, and the motive for the robbery that led to the murder.

A. Background

Both the appellant and the deceased, Mario, lived in Monroe, Louisiana. Mario and his wife, Nicole Towns, lived in a house with their two children, their six children from prior relationships, and one of Mario's nephews. Nicole and Mario owned an urban clothing store called “Sugar'sBoutique,” which Nicole primarily ran. Appellant is the nephew of Mario's ex-wife, Wynell. Appellant would often stay at Mario's house because he was close with Mario's oldest son, and because Mario was like a father figure to appellant. Mario and appellant always had a good relationship until a March 2009 dispute over money.

Mario, along with several of his family members, ran a marihuana-trafficking enterprise. Because marihuana was cheaper in Houston, Mario and others would frequently travel to Houston to purchase marihuana, and then transport it to Monroe, Ohio, or Atlanta to sell. Several family members would pool their money for these trips, and receive a return based on the percentage contributed. On some trips, they took as little as $3,000, and other trips they took as much as $50,000–$60,000 to spend. Generally, they could expect to double their money.

Usually these purchasing trips were done with some combination of Mario, John Town (Mario's nephew), and Chris Harris (Mario's son). A few times, appellant participated in these runs. Other people unrelated to the drug trafficking also joined them at times, including Nicole Townes,¹ Mario's girlfriend.

They often stayed at a house in Houston on Dulcimer Street with appellant's uncle, Roosevelt Canfield (known by his nickname, “Perney”). That house was owned by Perney's girlfriend's mom, but Perney's girlfriend had her own place in Fresno. Perney would sometimes stay in Fresno at his girlfriend's while guests were at the Dulcimer house; other times he would stay with his guests to socialize, go clubbing, etc. He was aware about some of Mario's drug activities, but not involved in them.

Appellant and Perney were very close. For one year in high school, appellant lived with Perney in Houston at a different house.

A. The March 2009 Loss

John and Chris testified that, around March 17, 2009, they went to Houston to purchase marihuana. They had a total of $23,000 with them. They both testified that appellant had contributed $5,000 to that amount, and the rest was contributed by Mario, John, and Chris. John and Chris did not find marihuana in the quality they liked by March 20, 2009, and decided to head back because John's birthday was that day and he wanted to celebrate at home in Monroe.

The money was hidden in the truck under the spare tire of their car, and they had two guns in the center console. They were pulled over by police in Nacogdoches, Texas. The police searched the car, found the money and guns, impounded the car, and took Chris and John to jail. They testified that, after about three hours, they were pulled out of their cell and presented with a deal: the police would let them go and not say anything about the guns if they would give up any claim to their money. They agreed, retrieved their vehicle from the impound yard, and headed home.

They called Mario, who was angry that they had left Houston empty-handed without telling him first. When they explained what had happened with their arrest, he told them to just come home to Monroe. They later called appellant, who was angry and did not believe their story. John said appellant seemed to believe them after they saw him in person and showed him paperwork related to their arrest. Nonetheless, John said appellant still blamed them “somewhat” for the loss of his $5,000. John testified that he and appellant later argued over the lost money.

Chris likewise testified that his relationship “starting getting rocky” with appellant after that. He had three or four conversations with appellant in which appellant complained about the loss of his money. He also heard about appellant and Mario fighting about this lost money.

Mario's wife Nicole testified that she had always perceived Mario and appellant to have had a good relationship until she witnessed an altercation between them in the parking lot of her clothing store around April 1, 2009. Mario and appellant got in a heated argument over some money that appellant “felt Mario owed to him.” After appellant left, Mario came into the store and told her to call the police because appellant had just threatened him. Ultimately, she did not call because Mario also left the store. After that fight, appellant did not come around their house or store as he normally would. Appellant called Nicole at one point to ask if she knew about some money that was supposed to be returned to him that Mario owed him and she told him that she did not.

B. The May 16, 2009 Shooting

On Wednesday May 13, 2009, appellant called his friend Lashaka in Houston to let her know that he was coming to town the next day and that something bad was about to happen. Her understanding was that there was something wrong, but appellant did not answer her follow-up questions about what he meant. Appellant testified that the next day—May 14, 2009—he came to Houston to buy drugs. He testified that he got a late start out of Monroe and was tired, so he called his friend Plug to ride with him so they could share driving responsibilities. They went first to Lashaka's house, where they hung out for a while and then decided to go to a strip club. He and Plug took Lashaka's brother, Perry Lowe (known as P–A). P–A and appellant had been friends since meeting in appellant's ninth-grade-year at Bellaire High School when he previously lived with Perney in Houston.

Before going to the club, they stopped at the Dulcimer house to let Perney know that they would be staying there. Perney testified that he was not expecting them, as appellant had not called to let him know he would be in town. Perney already knew P–A as a friend of appellant's, but had never before met Plug. Perney was on his way out of the house, but left them a key and went to his girlfriend's house in Fresno for the night.

The next day, Friday, Perney stopped by the Dulcimer house to get ready for work and got the impression that appellant and his friends were leaving that evening, so he gave them instructions about how to lock up. After work, Perney went back to his girlfriend's house in Fresno for the night without going back by the Dulcimer house.

It is in the recitation of the events of the next day—Saturday, May 16, 2009—in Houston that there is some divergence between appellant's and the other witnesses' version of events. On the morning of May 16, Mario, Mario's girlfriend Nicole, Chris, and Tracey Davis (Chris's uncle, known as “Trey”) returned to Monroe from three days in Ohio. Mario then decided then that they should go to Houston.

After just a couple of hours in Monroe, Mario, his girlfriend Nicole, Chris, John, Trey, and Mike Davis (Mario's cousin) headed out to Houston in two vehicles, a Ford F150 and a Lincoln Navigator. Although the purpose of the trip was to buy marihuana, Trey and Mike were not involved in trafficking, but instead were along for the ride to do some clubbing and shopping. Each person who was coming to buy drugs was carrying his own money. John, Nicole, and Chris each testified that Mario had $7,000 in his lower right cargo shorts pocket. Chris had $3,000 and John had $1,600. Mario called Perney to let him know that they were coming and would be staying at the Dulcimer house. No one who testified at trial had talked to appellant or told appellant that they were traveling to Houston.

Unbeknownst to Perney, appellant and his friends had not left Houston on Friday. Rather, according to appellant's testimony, they stayed longer because he had been unable to accomplish the drug transaction he wanted to complete. While waiting at the house for his deal to come together, appellant decided on Saturday to have Lashaka and her friend pick up his car to take it to a mechanic she knows to troubleshoot a problem he had been having. As a result, there was no car outside of the Dulcimer house on Saturday afternoon to indicate that appellant, Plug, and P–A were there.

Mario arrived Saturday afternoon at the Dulcimer house in the Lincoln Navigator with Nicole, Mike, and John. Because it appeared from the outside of the house that no one was home, they waited for a few minutes outside. Mario then called Perney, who said he would be there in 25–30 minutes. Mario decided they should head over to an urban clothing store nearby to kill some time.

Chris and Trey pulled up a few minutes later in the F150 and likewise assumed that no one was in the house. They headed to the same clothing store.

In the meantime, before Mario's group made it back by, Perney stopped by the Dulcimer house to leave a key for Mario outside. When he got there, he decided to go in to the...