Abey Belette Girma v. State
05-14-00023-CR
Tex. App.—WacoApr 3, 2015Background
- Late night Aug. 15, 2012: Lemma (Yared) Yayehyirad and his wife Desta (Salome) Yenenesh were shot to death at their front door; each sustained three gunshot wounds. Medical examiner placed at least some shots within a few inches to a few feet.
- No weapon found at scene; fired casings collected. Ballistics later matched a nine‑mm Taurus recovered from appellant’s car.
- Appellant (Abey Girma) fled Texas, forced a coworker (Djungu‑Sungu) to drive him across states, and was later arrested in Aurora, Colorado.
- Appellant confessed in a recorded interview, admitting he followed the couple, confronted them on the porch, and shot them; he claimed he did not intend to kill but said he was "ready for anything."
- Trial: jury convicted Girma of capital murder for killing more than one person in the same criminal transaction; sentenced to life without parole.
- Appeal posture: sole issue challenges sufficiency of evidence that Girma had the specific intent to kill Salome.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence was sufficient to prove Girma had the specific intent to kill Salome | State: multiple close‑range shots to Salome, use of a deadly weapon, matching ballistics, confession, and flight support an inference of specific intent to kill | Girma: claimed lack of specific intent to kill Salome (challenging proof as to that victim) | Affirmed — a rational trier of fact could find beyond a reasonable doubt Girma intended to kill Salome |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (constitutional standard for reviewing sufficiency of evidence)
- Thornton v. State, 425 S.W.3d 289 (Tex. Crim. App. 2014) (deference to factfinder on credibility and inferences)
- Ex parte Norris, 390 S.W.3d 338 (Tex. Crim. App. 2012) (capital murder under §19.03(a)(7)(A) requires specific intent to kill as to each victim)
- Hall v. State, 418 S.W.2d 810 (Tex. Crim. App. 1967) (intent to kill may be inferred from acts, words, and conduct)
- Kincaid v. State, 198 S.W.2d 899 (Tex. Crim. App. 1946) (same)
- Guevara v. State, 152 S.W.3d 45 (Tex. Crim. App. 2004) (intent may be inferred from circumstantial evidence)
- Brown v. State, 122 S.W.3d 794 (Tex. Crim. App. 2003) (use of deadly weapon supports inference of intent to kill)
- Adanandus v. State, 866 S.W.2d 210 (Tex. Crim. App. 1993) (deadly‑weapon use in deadly manner gives near‑conclusive inference of intent)
- Womble v. State, 618 S.W.2d 59 (Tex. Crim. App. 1981) (close‑range firearm use resulting in death presumes intent to kill)
- Bigby v. State, 892 S.W.2d 864 (Tex. Crim. App. 1994) (flight and concealment evidence shows consciousness of guilt)
- Cantrell v. State, 731 S.W.2d 84 (Tex. Crim. App. 1987) (same)
- Sorto v. State, 173 S.W.3d 469 (Tex. Crim. App. 2005) (jury may accept or reject defendant’s statements about intent)
