Glen Naylor Jr. v. State
09-16-00021-CR
| Tex. App. | Nov 2, 2016Background
- Defendant Glen Naylor was charged with terroristic threat against a family member for allegedly telling his wife C.N. he would kill her, pointing a Glock 9mm at her after returning from a trip, and saying she would "be dead within an hour."
- C.N. testified Naylor loaded the gun, pointed it at her, repeatedly threatened to kill her if she lied, hid from him while he searched with a flashlight, recorded part of the incident on her phone, and called 911.
- Police arrived; officers found a handgun on a bedroom dresser matching C.N.’s description and observed C.N. distraught and fearful. Officer Betar prepared the probable cause affidavit and arrested Naylor.
- Naylor testified he never pointed or threatened with the gun, contended C.N. lied, and said he was merely moving his belongings; he admitted being loud and upset but denied physical threats.
- The jury convicted Naylor; punishment was assessed at 365 days confinement and a $4,000 fine; judgment sentenced him to one year in jail and two years’ probation. Naylor appealed, challenging sufficiency of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to support terroristic-threat conviction | State: evidence (victim testimony, 911 recording, officer observations, recovered gun) proves Naylor threatened C.N. with intent to place her in fear of imminent serious bodily injury | Naylor: only two witnesses gave conflicting accounts; evidence shows marital problems and is insufficient to prove the offense beyond a reasonable doubt | Court: Affirmed — viewing evidence in the light most favorable to the verdict, a rational jury could find beyond a reasonable doubt that Naylor threatened C.N. with intent to place her in fear; evidence was legally sufficient |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of the evidence in criminal cases)
- Hooper v. State, 214 S.W.3d 9 (circumstantial evidence can be sufficient to support conviction)
- Lancon v. State, 253 S.W.3d 699 (jury may accept or reject witness testimony)
- Williams v. State, 432 S.W.3d 450 (threat completed when defendant seeks the victim’s fearful reaction)