Duckett, Herron Kent
PD-0358-15
| Tex. App. | May 27, 2015Background
- Defendant Herron Kent Duckett convicted by Gregg County jury of evading arrest with a vehicle; jury made affirmative finding that the vehicle was a deadly weapon and sentenced him to 40 years.
- Chase began after a 3:00 a.m. 9-1-1 call; officer Burt engaged, Duckett fled in a 2005 Jeep Liberty and was pursued by multiple law-enforcement vehicles.
- Dash-cam from a pursuing officer recorded much of the chase; Burt’s dash-cam malfunctioned. Video showed high speeds, passing and crossing into oncoming lanes, travel through rural and business areas, driving through a yard, knocking over a mailbox, crashing through fences, and finally colliding with a tree.
- Evidence included observed blood and broken windshield consistent with collision injuries; Duckett resisted arrest and was subdued with force and a Taser. Duckett disputed speeds, disputed officers’ conduct, and argued no one was actually endangered.
- Appellant argued on appeal that the evidence was legally insufficient to support the deadly-weapon finding because there was only hypothetical danger and no proof others were actually endangered.
- The Court of Appeals affirmed, holding a rational jury could find the vehicle was used in a manner capable of causing death or serious bodily injury and that others were placed in actual danger.
Issues
| Issue | Duckett's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for deadly-weapon finding | Driving did not actually endanger others; only hypothetical risk; speeds were modest and no erratic maneuvers that endangered others | High-speed flight, crossing into oncoming lanes, passing vehicles, driving through yard/mailbox, rough terrain and crash created actual danger to others | Affirmed: evidence sufficient for deadly-weapon finding (vehicle capable of causing death/serious injury and others put in actual danger) |
| Whether vehicle "used or exhibited" as deadly weapon during evasion | No deliberate use to injure; mere operation of vehicle while fleeing insufficient | Manner of use during flight (speed, lane crossings, passing, terrain, mailbox, fences, crash) constituted use/exhibition as deadly weapon | Affirmed: manner of use supported "used or exhibited" finding |
| Relevance of traffic volume and presence of other vehicles | Low traffic/time (3 a.m.) minimized risk; lack of witnesses showing injury means no actual danger | Video showed encountering and passing several non-chasing vehicles and intersections where high-speed driving likely posed danger | Affirmed: encounters and passing of other vehicles supported actual danger to others |
| Credibility conflicts (officers vs defendant) and video evidence weight | Defendant alleged dash-cam would show lower speed and officer misconduct; claimed police rammed vehicle and assaulted him | Pursuing officer’s dash-cam corroborated many chase facts; jury entitled to resolve credibility disputes | Affirmed: credibility resolved for State; conflicts do not render evidence insufficient |
Key Cases Cited
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App.) (legal-sufficiency standard post-Brooks/Jackson)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (constitutional legal-sufficiency review standard)
- In re Winship, 397 U.S. 358 (U.S. 1970) (proof beyond a reasonable doubt principle)
- Drichas v. State, 175 S.W.3d 795 (Tex. Crim. App. 2005) (vehicle may be deadly weapon depending on manner of use; factual inquiry)
- Cates v. State, 102 S.W.3d 735 (Tex. Crim. App.) (standard for deadly-weapon finding on appeal)
- Brister v. State, 449 S.W.3d 490 (Tex. Crim. App.) ("others" excludes actor; danger to actor alone insufficient)
- Laster v. State, 275 S.W.3d 512 (Tex. Crim. App.) (sufficiency review principles)