James Allen Bundage v. State
2015 Tex. App. LEXIS 8008
| Tex. App. | 2015Background
- James Allen Bundage was tried for murder after shooting his neighbor, Pat McHale, during a heated dispute; McHale was shot once in the head and died.
- 9-1-1 audio captured Bundage yelling and McHale saying, “Don’t do it, James,” immediately before a gunshot; Bundage later told officers “It was an accident.”
- Bundage admitted in a recorded interrogation that he brought a loaded .30-30 rifle to McHale’s property, aimed the rifle at McHale from about 10–12 feet, cocked it, and pulled the trigger after McHale “lunged.”
- Forensic testimony showed the rifle was operational and required 5½–6½ pounds trigger pressure.
- At trial Bundage requested a jury instruction on involuntary (nonvolitional) conduct; the court refused. He also raised three Batson challenges after the State used peremptory strikes on three African‑American veniremembers; the court denied those challenges.
- Jury convicted Bundage of murder (first‑degree) and assessed punishment at 35 years; the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Bundage) | Held |
|---|---|---|---|
| Whether court erred by refusing a jury instruction on voluntary conduct under Tex. Penal Code § 6.01(a) | No error: evidence showed voluntary acts (approached with loaded rifle, aimed, cocked, pulled trigger); defendant’s bare statements of “accident” are insufficient to raise involuntariness | Bundage argued his repeated statements that the shooting was “an accident” raised the involuntary-act defense and required a voluntariness instruction | Court held no abuse of discretion; Joiner and Rogers control — mere claim of “accident” without evidence of nonvolitional movement does not require instruction |
| Whether trial court erred in denying Batson challenges to three peremptory strikes of African‑American veniremembers | Prosecutor offered facially race‑neutral reasons for each strike (criminal history/unemployment; courtroom demeanor/inconsistent acknowledgment; youth/short employment/no community ties); defense did not rebut | Bundage argued State impermissibly struck all Black veniremembers and that strikes were pretextual, denying equal protection | Court held denial not clearly erroneous: State’s reasons were facially race‑neutral, defense failed to rebut or perform comparative juror analysis; great deference to trial court’s credibility finding |
Key Cases Cited
- Rogers v. State, 105 S.W.3d 630 (Tex. Crim. App. 2003) (distinguishes “accident” from involuntary act under Penal Code § 6.01(a))
- Joiner v. State, 727 S.W.2d 534 (Tex. Crim. App. 1987) (bare statement “it was an accident” insufficient to raise voluntariness defense)
- Batson v. Kentucky, 476 U.S. 79 (U.S. 1986) (peremptory strikes cannot be used on basis of race)
- Blackman v. State, 414 S.W.3d 757 (Tex. Crim. App. 2013) (Batson framework and burden‑shifting; deference to trial court’s finding on genuineness of race‑neutral reasons)
- Ngo v. State, 175 S.W.3d 738 (Tex. Crim. App. 2005) (two‑step review for jury‑charge error and harmless‑error analysis)