Brian Bradford v. State
02-16-00421-CR
| Tex. App. | Dec 28, 2017Background
- Brian Bradford pleaded guilty to continuous family violence; the trial court deferred adjudication and placed him on community supervision with a condition prohibiting new offenses.
- The State filed a motion to adjudicate alleging Bradford committed two new assaults on his then-wife Gina: (1) in January 2016 by grabbing/choking her neck, causing red marks and impaired breathing; (2) in February 2016 by slamming her hand in a door, allegedly causing a fracture and reduced finger mobility requiring surgery.
- At the revocation hearing Gina testified to both incidents; she sent photos of neck redness to her sister and described hand injury, though she had earlier told a deputy the hand injury was accidental and admitted alcohol use and mental-health treatment history.
- Investigator Michelle Haiduk testified she referred the matter to a grand jury but conceded x-rays did not show an acute fracture and that she lacked personal knowledge of the neck marks’ cause.
- Bradford denied both assaults, testifying he avoided confrontation in January and that the February hand injury was an accidental door closure while he tried to hide in a closet.
- The trial court found the State’s allegations true, revoked community supervision, adjudicated guilt, and sentenced Bradford to eight years’ confinement; Bradford appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence is sufficient to revoke community supervision based on alleged new assaults | State: preponderance of evidence shows Bradford committed two assaults violating supervision | Bradford: incidents were accidental or unproven; Gina’s credibility was questionable and evidence (photos/x-ray) did not conclusively show injury | Court affirmed revocation — evidence sufficient and trial court entitled to weigh credibility |
Key Cases Cited
- Leonard v. State, 385 S.W.3d 570 (Tex. Crim. App. 2012) (standard of review for probation revocation)
- Powe v. State, 436 S.W.3d 91 (Tex. App.—Fort Worth 2014) (proof by preponderance; single-condition violation suffices to revoke)
- Garrett v. State, 619 S.W.2d 172 (Tex. Crim. App. 1981) (defer to trial court on witness credibility in revocation)
- Clay v. State, 361 S.W.3d 762 (Tex. App.—Fort Worth 2012) (review standard and credibility deference)
- Miles v. State, 343 S.W.3d 908 (Tex. App.—Fort Worth 2011) (trial court free to accept or reject witness testimony)
- Laster v. State, 275 S.W.3d 512 (Tex. Crim. App. 2009) (pain may suffice to establish bodily injury)