State v. Jones
| Docket Number | 13-21-00019-CR |
| Decision Date | 26 May 2022 |
| Parties | THE STATE OF TEXAS, Appellant, v. GLOVER JONES A/K/A GLOVER B. JONES JR., Appellee. |
| Court | Texas Court of Appeals |
Do not publish. Tex.R.App.P. 47.2 (b).
On appeal from the County Court at Law No. 8 of Travis County Texas.
Before Justices Longoria, Hinojosa, and Silva
Appellee Glover Jones a/k/a Glover B. Jones Jr. was arrested for driving while intoxicated (DWI), a Class A misdemeanor.[1] See Tex. Penal Code Ann. § 49.04(a), (d) (reclassifying Class B misdemeanor DWI to a Class A misdemeanor whenever a person driving while intoxicated is shown to have had an "alcohol concentration level of 0.15 or more at the time the analysis was performed"). A complaint and information followed, and Jones filed a motion to suppress evidence obtained from a warrantless search and seizure, which the trial court granted. By two issues appellant the State of Texas challenges the trial court's ruling. We affirm.
On May 26, 2018, officers conducted a warrantless arrest of Jones at his residence inside The Coves, a gated community. In a written motion to suppress evidence, Jones asserted that the officers had unlawfully entered into his gated community, executed a warrantless search of his residence, and effectuated a warrantless arrest-infringing on his constitutional rights. See U.S. Const. amend. IV. Jones further argued that he was not Mirandized prior to speaking with law enforcement, and he did not consent to a field sobriety test or receive statutory warnings before providing a blood sample. The trial court held a two-part hearing on Jones's motion via Zoom on October 5, 2020, and November 2, 2020.
Two witnesses, Michael Kent Brooks and Lou DeLira, testified that they observed an individual later identified as Jones at The Reserve at Lake Travis, a gated community, in the hours preceding Jones's arrest. Brooks, a development manager for The Reserve, testified that he saw Jones "in th[e] window of maybe 10:00 [a.m.] to 2:00 [p.m.]" operating a "red four-wheeler." Brooks witnessed Jones drive through a landscape median, "r[u]n into the garage of a unit," and then hit the gate as he was attempting to exit The Reserve. Brooks opined that Jones "seemed" to be "intoxicated" and was nonresponsive when Brooks attempted to intervene before Jones struck The Reserve gate. After Jones exited The Reserve, Brooks followed Jones in his own vehicle to a neighboring gated community, The Coves, and called the local sheriff's department. Jones was unable to gain entry into The Coves and shifted his focus to Brooks, pursuing Brooks for an unspecified period before returning to The Coves and successfully inputting the gate code. Brooks entered into The Coves behind Jones and followed Jones until he "turn[ed] into" the driveway of a residence. Brooks then "backed off," exited The Coves, and waited for law enforcement to arrive.
During cross-examination, Brooks confirmed that he lost sight of Jones as Jones drove up the driveway, and he never saw Jones park or exit the vehicle but presumed that he did so where the driveway curved behind the residence. In the image below, the driveway entry is located on the upper, left-hand corner; midway up the driveway, the driveway forks with the right side continuing behind the residence to the garage area, unviewable from the foot of the driveway or any streets surrounding the home.[2] (Image Omitted)
DeLira testified that he had been working as a security officer at The Reserve when he approached Jones sometime between 12 p.m. and 3 p.m. on May 26, 2018. DeLira saw Jones "staggering" and struggling to "keep[] his balance" while walking around the pool area. This observation prompted DeLira to escort Jones to a shaded nearby structure, where DeLira provided Jones with some water. "[C]oncerned about who [had been] actually serving" Jones, DeLira left Jones unattended in search of the bar manager. Jones was gone when DeLira returned. A few minutes later, DeLira received reports that an individual driving a "large four-wheeler," "mule type" vehicle had "barreled" through the front entrance gate of The Reserve. DeLira later identified Jones at Jones's residence as the intoxicated individual he had interacted with at The Reserve.
Deputy John Cavendish with the Travis County Sheriff's Office testified that he was dispatched to The Reserve at 4:55 p.m., following reports of a "male in a red dune buggy vehicle" that had struck property, causing "at least $20, 000" in damages. Brooks briefed Deputy Cavendish on what he had witnessed, and Deputy Cavendish testified that Brooks was also "able to get ahold of someone on [The Coves's] homeowners' association [(HOA)]" to provide law enforcement with an address of the individual believed to have a "vehicle like" the one allegedly involved.
At approximately 5:42 p.m., Deputy Cavendish entered The Coves accompanied by DeLira and two other deputies, Richard Rigsby and Edward Paul Coleman. Deputy Cavendish testified that once they were at the residence, he and Deputy Rigsby walked up the driveway and continued past the path which led to the front door of a courtyard. For reference, below is a photograph exhibit admitted by the trial court depicting the residence, including the courtyard entrance situated between two windows and viewable immediately upon entering the driveway.
(Image Omitted)
The officers walked behind the residence, where they located a vehicle matching witnesses' descriptions parked outside the garage. Deputy Cavendish testified, after they "[f]ound the vehicle, [they] kind of examined it, [and] saw the damage to the front and to the wheels." Officers then returned to the front of the residence, where Deputy Rigsby made contact with a woman who was in the residence's gated backyard pool area. Deputy Cavendish testified that she retreated into the residence, and the officers returned to the courtyard door, where they met with the woman and Jones. Deputy Cavendish testified that Jones admitted to having driven the vehicle, and Brooks identified Jones as the driver of the vehicle. Deputy Cavendish noted that Jones had bloodshot eyes, was unsteady on his feet, and emanated a "[h]eavy odor of alcohol." Jones was unable to complete field sobriety tests and was subsequently arrested for DWI.
Deputy Rigsby testified that he was the officer responsible for opening the entrance gate at The Coves, and he had used an index of gate codes saved in his phone. Deputy Rigsby observed "black marks going up" the driveway once they reached the residence and testified that the officers first sought to find the implicated vehicle, found the vehicle parked outside the garage behind the residence, and inspected the vehicle for damage. While "investigat[ing] a little bit farther" and making his way back to the front of the property, Deputy Rigsby heard a woman outside in a pool area. Deputy Rigsby informed her that he was "looking for a male" and "she walked off." Deputy Rigsby testified that the officers waited outside the courtyard door for her to return. "I think we knocked on th[e] [windows of the courtyard] and we knocked on the door and then she came to the door with [Jones]," Deputy Rigsby explained. According to Deputy Rigsby, Jones admitted to driving the vehicle "four or five hours earlier," but "he didn't remember hitting anything." Deputy Cavendish then accompanied Jones inside to retrieve Jones's identification (ID). Deputy Rigsby denied entering the home and could not recall if Deputy Cavendish had been "invited."[3] Deputy Coleman testified that he had been present to assist but could not recall how the officers gained entry into The Coves. Deputy Coleman further testified that the officers first "found the vehicle," noted the "damage to it so [they] knew [they] were probably at the right place," and then "went over to the fence" to speak to a woman in the backyard. Someone asked her to go inside and retrieve the driver, and Jones met with officers at the front door of the courtyard. Deputy Coleman testified that Deputy Cavendish asked Jones to produce his ID, Deputy Cavendish and Jones "went back into the residence for . . . a minute or two," and the "DWI investigation" ensued.
Dalia, Jones's mother, testified that she had been outside by the pool when the officers approached the fence line, asking her if she was the owner of the residence. Dalia testified that she only speaks Portuguese, and the officers attempted to communicate with her in English and Spanish. Dalia thereafter went into the residence to "see [her] son." While inside the home, Dalia heard the officers "knock[ing] at the [courtyard] door," stating, "'let me in; let me in, '" and "'open the door, open the door.'" When she opened the door, they entered into the courtyard uninvited. Dalia denied inviting law enforcement onto the property or giving the officers consent to be inside the courtyard or inside the home. Dalia also testified that the officers came to speak with Jones by going inside the home, into Jones's bedroom.
The trial court granted Jones's motion and issued findings of fact and conclusions of law, which stated in relevant part:
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