Ex Parte Darryl Owen
10-16-00188-CR
| Tex. App. | Nov 23, 2016Background
- Darryl Owen was indicted for assault causing bodily injury to a family member with a prior family-violence conviction (third-degree felony with two enhancements), exposing him to 25 years to 99 years or life if enhancements proven.
- Trial court set bail at $1,000,000; Owen filed for a writ of habeas corpus seeking a reduction as excessive under the U.S. and Texas Constitutions.
- Facts supporting the charge: victim had facial injuries and blood at the scene after Owen allegedly struck her multiple times; officers had prior family-violence encounters between the parties; victim later recanted and signed a non-prosecution affidavit.
- At the habeas hearing Owen was found indigent, testified to limited income and no demonstrated ability to satisfy bail; he did not specify an alternative bail amount or present family assets/efforts to make bond.
- The trial court considered statutory factors (Article 17.15 factors), Owen’s extensive violent criminal history, limited demonstrated ties/resources, and victim/community safety concerns in denying the reduction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether $1,000,000 bail is excessive under the federal and Texas constitutions | Owen: bail is excessive and oppressive given his indigency and circumstances | State/Trial court: bail is justified by nature of offense, potential punishment, prior violence, safety concerns, and lack of evidence Owen (or family) can pay | Court: No abuse of discretion; bail not excessive under the facts |
Key Cases Cited
- Ex parte Kimes, 872 S.W.2d 700 (Tex. Crim. App. 1993) (applicant bears burden to prove entitlement to habeas relief)
- Ex parte Rubac, 611 S.W.2d 848 (Tex. Crim. App. 1981) (abuse-of-discretion standard; factors for bond determinations)
- Montgomery v. State, 810 S.W.2d 372 (Tex. Crim. App. 1990) (definition of abuse of discretion review)
- Ex parte Vasquez, 558 S.W.2d 477 (Tex. Crim. App. 1977) (primary purpose of bail is to secure presence at trial)
- Ex parte Bufkin, 553 S.W.2d 116 (Tex. Crim. App. 1977) (bail should assure appearance but not be an instrument of oppression)
- Ex parte Scott, 122 S.W.3d 866 (Tex. App.—Fort Worth 2003) (ability to make bail is one factor; inability alone does not render bond excessive)