Gary Landers v. State
08-14-00100-CR
| Tex. App. | Oct 12, 2016Background
- Gary Landers (retired law-enforcement officer) met Ana Benovic online and helped her and her children leave her husband Richard and file for divorce; Ana alleged prior physical abuse by Richard.
- Landers routinely accompanied Ana to custody exchanges; Richard was unarmed and had not physically assaulted Landers during observed interactions.
- On May 7, 2010, during a custody exchange at the Denton County Police Department parking lot, Landers shot and killed Richard after an interaction Landers described as aggressive; Landers admitted firing three times and causing the death.
- Landers claimed self-defense at trial, arguing Richard approached aggressively, made threats, and could beat him despite being unarmed; the jury convicted Landers of murder and sentenced him to 13 years.
- The State introduced (1) a March 14, 2010 custody-exchange incident where an Abilene officer testified Landers appeared to be attempting to "lay a paper trail" for future self-defense, and (2) security-camera footage of the May 7 shooting showing Landers stepping toward Richard and the shooting occurring in an open area.
Issues
| Issue | Plaintiff's Argument (Landers) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Sufficiency to reject self-defense | Landers argued the evidence compelled a finding he reasonably believed deadly force was necessary because Richard was the aggressor and had threatened him | State argued jurors could disbelieve Landers, consider video and other evidence, and find self-defense not proven beyond a reasonable doubt | Court held evidence (including video and other testimony) was sufficient for a rational jury to reject self-defense (issue overruled) |
| Mens rea for murder | Landers argued lack of evidence he intended or knew death would result if acting in self-defense | State argued Landers admitted he shot Richard at close range; jury rejected self-defense, and close-range shooting permits inference of intent | Court held evidence supported that Landers intentionally/knowingly caused death (issue overruled) |
| Admissibility of officer's "paper-trail" opinion (Rule 403/701) | Landers argued the officer's lay-opinion statement that Landers was "laying a paper trail" was unfairly prejudicial and remote | State argued the March 14 incident was highly probative, closely related in time and context, and the officer's observations were admissible lay opinion | Court held the trial court did not abuse discretion; the opinion was admissible and probative and not unfairly prejudicial (issue overruled) |
| Jury charge sequencing on self-defense | Landers argued the charge illogically required jurors to find guilt before considering justification, citing Penry-type concerns | State argued Texas practice is to instruct on elements first then justification; charge as a whole permitted acquittal if self-defense not disproved | Court held the charge was proper when read as a whole and did not create reversible error (issue overruled) |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of the evidence)
- Zuliani v. State, 97 S.W.3d 589 (Tex.Crim.App. 2003) (defendant bears initial burden to produce some evidence of self-defense)
- Saxton v. State, 804 S.W.2d 910 (Tex.Crim.App. 1991) (jury may accept or reject defensive evidence; State bears burden to disprove self-defense beyond a reasonable doubt)
- Threadgill v. State, 146 S.W.3d 654 (Tex.Crim.App.) (close-range shooting supports inference of intent to kill)
- Penry v. Johnson, 532 U.S. 782 (discussed regarding jury-charge logic in death-penalty mitigating-instruction context)