Ryder v. State
Decision Date | 18 July 2019 |
Docket Number | NO. 14-18-00148-CR,14-18-00148-CR |
Citation | 581 S.W.3d 439 |
Parties | Johnny Ray RYDER, Jr., Appellant v. The STATE of Texas, Appellee |
Court | Texas Court of Appeals |
Crespin Michael Linton, Houston, TX, for Appellant.
Michelle R. Townsend, Angleton, TX, for Appellee.
Panel consists of Justices Christopher, Hassan, and Poissant.
A jury found Appellant Johnny Ray Ryder, Jr. guilty of four counts of aggravated sexual assault of a child. See Tex. Penal Code Ann. § 22.021 (Vernon 2019). The jury sentenced Appellant to four life sentences; the trial court's final judgment states that these life sentences are to run consecutively. In three issues, Appellant asserts (1) the evidence is insufficient to support the convictions; (2) the trial court erred by admitting evidence of certain extraneous offenses; and (3) the trial court erred by admitting Facebook messages that were not properly authenticated. For the reasons below, we affirm.
Appellant was arrested and charged with four counts of aggravated sexual assault of a child. Appellant proceeded to a jury trial in February 2018.
Complainant, Appellant's daughter, testified at trial. Complainant met Appellant for the first time when she was 13 years old, after having been removed from her mother's custody by the Texas Department of Family and Protective Services ("DFPS"). Complainant moved into Appellant's Lake Jackson house in the summer of 2013; Complainant lived at the house with Appellant, Appellant's wife Tiana Ryder, and Tiana's son.1
Complainant testified in detail regarding two incidents of sexual assault that form the basis of Appellant's convictions. The first incident occurred in December 2013, when Complainant was 13 years old. According to Complainant, a Christmas party was held at Appellant's house during which she was given alcohol. Complainant recalled drinking too much and said she went to the bathroom in her bedroom to vomit.
Stating that she "was really drunk" and that "[e]verything was dizzy," Complainant said she walked out of the bathroom and was met by Appellant. According to Complainant, Appellant asked her if she "was okay" and if she was "having a good time." Complainant testified that Appellant hugged her and started rubbing her back and butt. According to Complainant, Appellant told her he "had a surprise" for her and showed her a bottle of strawberry lubrication. At some point, Appellant took off his necklace that had his wedding ring on it and Tiana became upset and was mad at Appellant about it.
Appellant and Complainant walked out of Complainant's bedroom and into Appellant's bedroom. Appellant and Complainant lay on the bed; Tiana walked into the bedroom and lay on the bed with Appellant and Complainant. Complainant was in the middle of the two adults. Complainant said Appellant opened the lube and let her "taste it and Tiana, both of us." Complainant testified that Appellant and Tiana "started making out over the top" of her while Appellant was "rubbing on [her] leg." Complainant said Appellant instructed her to take off her shorts. Complainant took off her shorts and sat down on the bed; Appellant kept trying to get her to come in a little. "Like he would reach over and rub [her] leg and try to get [her] to join in." Appellant and Tiana were on their knees on the bed kissing and Appellant reached for Complainant and pulled her into the bed. Appellant and Tiana starting kissing Complainant and she also kissed Tiana.
Complainant testified that Tiana walked out of the bedroom and told the remaining party guests to leave the house. While Tiana was out of the bedroom, Complainant said Appellant took off her shirt and underwear and performed oral sex on her. Tiana returned to the bedroom and, according to Complainant, "it started getting really heated." Complainant was on the bed and Tiana was on her knees performing oral sex on the Complainant at the same time that Appellant was having "doggy style"2 sex with Tiana. Appellant then had sex with Complainant, putting his penis in her vagina and anus. While Appellant was having sex with Complainant, Tiana "was trying to get in front of" Complainant and "wanted" Complainant to perform oral sex. Tiana laid down on the bed and Complainant, on her knees, performed oral sex on Tiana while Appellant was having "doggy style" sex with Complainant.
Complainant testified that her stomach started to hurt and she felt dizzy, after which she fell off the bed. Complainant said Appellant and Tiana gave her a pillow and blanket and she "laid there on the floor for a little while." Complainant slept for a short while before returning to her bedroom.
Complainant testified about a separate incident that occurred several days later at a New Year's Eve party held at Appellant's house. Complainant said she was drinking alcohol in the living room when Appellant and Tiana "started kissing." Complainant said Complainant testified that she went in Appellant's bedroom with Appellant and Tiana and "pretty much the same thing happen[ed]." Complainant said she again had sexual intercourse with Appellant during which he put his penis in her vagina. Appellant then had sexual intercourse with Tiana, during which he rubbed Complainant's clitoris and put his fingers inside her vagina. Complainant testified that the incident lasted for "maybe an hour." Afterwards Appellant, Complainant, and Tiana returned to the living room and watched the New Year's Eve ball drop on television.
Complainant testified regarding her interactions with Appellant after the incidents at the Christmas party and New Year's Eve party discussed above; this testimony described several of the extraneous offenses Appellant challenges on appeal. These incidents are summarized as follows:
Complainant said her sexual relationship with Appellant lasted "[f]or most of 2014 going into 2015." In July 2015, Complainant started dating J.V., whom she knew through work and school.3 J.V. moved in to Appellant's house that same month. Complainant said Appellant was "jealous" of her relationship with J.V. and told her she "spent too much time with" J.V. According to Complainant, Appellant wanted J.V. to move out of the house and gave him "formal notice to vacate" in March 2016.
On March 28, 2016, Complainant and J.V. went to the Lake Jackson police station and Complainant reported Appellant's actions to Detective Rachel Pierce. Detective Pierce collected Complainant's cell phone and photographed sexually-explicit messages sent from Appellant to Complainant on Facebook Messenger. These photographs of Appellant's and Complainant's messages were admitted into evidence at Appellant's trial.
Complainant also testified regarding the DFPS caseworkers with whom she had worked, stating she "had like three or four" caseworkers during the time she lived at Appellant's Lake Jackson house. Complainant said she did not report the sexual abuse to any of the caseworkers except Leonor Salazar. Complainant said she met with Salazar in February 2014 and told Salazar she "had been sexually assaulted by [Appellant]." Complainant testified that Salazar told her that she was lying. Afterwards, Complainant said she made up her mind that she "wasn't going to tell anybody else" because she "didn't want to go back into a foster family."
Ten additional witnesses testified at Appellant's trial — relevant portions of their testimony are summarized below.
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