Curtis Glaze v. State
09-13-00549-CR
Tex. App.Sep 30, 2015Background
- Curtis Glaze was indicted for murder under Tex. Penal Code § 19.02(b)(1) after Brian Drake Jr. was shot and killed; jury found Glaze guilty and assessed life imprisonment plus a $10,000 fine.
- Victims Theal and Herring were riding in Drake’s pickup when a white Dodge Durango pursued them, blocked an intersection, and later chased the truck on Highway 326 at high speed.
- Witnesses (including occupants of the Durango and a passenger who later identified Glaze) testified that Glaze leaned out of the Durango and fired a .30-06 rifle at the truck’s rear window; the truck’s rear window was shattered and Drake was struck in the head.
- Glaze initially denied involvement, later admitted firing one shot at the truck and claimed he aimed at the vehicle, not a person, and that his cousin Joshua had ordered or threatened him to shoot; officers recovered the rifle where Glaze said he hid it.
- Additional evidence included eyewitness testimony that Glaze fired multiple times, a correctional officer’s testimony overhearing Glaze say something like "I got that m----- f---er," and forensic/scene evidence showing a bullet passed through the rear window and struck the headrest area.
- On appeal Glaze raised two issues: (1) legal sufficiency of the evidence to show he acted intentionally/knowingly, and (2) alleged jury-charge error permitting a non‑unanimous verdict between murder and manslaughter.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Glaze) | Held |
|---|---|---|---|
| Sufficiency of evidence to prove intent to kill (murder vs lesser) | Evidence (multiple shots from a deadly weapon at an occupied vehicle, flight, threats, incriminating statements) permits inference Glaze intended to cause death. | Glaze argued he shot at the truck (not a person), fired a single shot, and acted under threat from Joshua (kill or be killed). | Affirmed: evidence legally sufficient to prove Glaze intentionally/knowingly caused Drake’s death. |
| Jury unanimity regarding alternative theories (murder vs manslaughter) | Charge required unanimity and did not permit returning a non‑unanimous verdict; the application paragraph tracked the indictment and required a unanimous verdict before signing. | Glaze argued the charge failed to require unanimity as to which theory (murder or manslaughter) jurors agreed on, risking a non‑unanimous verdict. | Affirmed: no charge error; facts did not present recognized variations causing non‑unanimity and the charge required unanimity. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes standard for reviewing sufficiency of the evidence)
- Gear v. State, 340 S.W.3d 743 (Texas standard for viewing evidence in the light most favorable to the verdict)
- Adanandus v. State, 866 S.W.2d 210 (use of a deadly weapon in a deadly manner permits an inference of intent to kill)
- Ngo v. State, 175 S.W.3d 738 (two‑step review for jury‑charge error and egregious‑harm standard when no timely objection)
- Cosio v. State, 353 S.W.3d 766 (explains unanimity requirement and recognized variations that can produce non‑unanimous verdicts)
