Alberson, Tina Marie
PD-1552-14
| Tex. App. | Feb 6, 2015Background
- Tina Marie Alberson was convicted by a jury of recklessly causing serious bodily injury to her 10-year-old stepson, Jonathan, by failing to provide adequate hydration; punishment assessed at 85 years and $10,000.
- Medical evidence (autopsy and pediatric review) concluded Jonathan died of dehydration that developed over several days, with organ failure, no urine in bladder, and high electrolytes.
- Prosecution evidence: Jonathan was frequently punished (time-outs, standing on an X in front of an open window in >100°F heat, holding potatoes), and Alberson admitted restricting his fluids at dinner, during time-outs, and at night; witnesses testified she denied him water for periods before his collapse.
- Defense evidence: Alberson and one son (B.J.) testified water was available, she limited fluids only briefly before bed, and Jonathan had a history of chapped lips; conflicting testimony existed from family members.
- Trial rulings: the court admitted a close-up pre-autopsy photo of Jonathan’s lips and refused Alberson’s requested jury instruction on criminally negligent injury as a lesser-included offense. On appeal, the Fifth Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument (Alberson) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Legal sufficiency of evidence for reckless injury by omission | Evidence only shows short, intermittent restrictions on water; medical experts said dehydration developed over days, and no witness proved multi-day denial | Combined direct and circumstantial evidence (visible dehydration, punishments, admissions) permit inference Alberson consciously disregarded a substantial risk | Affirmed — evidence legally sufficient for reckless omission to cause serious bodily injury |
| Admission of autopsy photograph (Rule 403) | Photo was gruesome and prejudicial, likely to inflame the jury | Photo was relevant to show visible signs of dehydration and was probative of whether Alberson would have seen those signs | Affirmed — probative value not substantially outweighed by unfair prejudice; admission within trial court’s discretion |
| Denial of jury instruction on criminally negligent injury (lesser-included offense) | Criminal negligence should be submitted as a lesser-included offense | Under Texas law, negligence is not a culpable mental state for omissions causing child injury; criminally negligent omission is not an offense here | Affirmed — requested instruction not required because criminal negligence is not a valid mental state for omission-based child-injury offenses |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for reviewing legal sufficiency of evidence)
- Williams v. State, 235 S.W.3d 742 (Tex. Crim. App.) (recklessness requires conscious disregard of a substantial and unjustifiable risk)
- Sonnier v. State, 913 S.W.2d 511 (Tex. Crim. App.) (admission of photographs rests within trial court’s discretion)
- Gallo v. State, 239 S.W.3d 757 (Tex. Crim. App.) (Rule 403 presumption favoring admission of relevant evidence; balancing test for prejudicial effect)