Juan L. Bejarano v. State
11-13-00282-CR
| Tex. App. | Aug 28, 2015Background
- Appellant Juan L. Bejarano was convicted by a jury of (1) murder of Gerardo Bustamante, (2) aggravated assault of Pedro M. Morales with a deadly weapon, and (3) unlawful possession of a firearm by a felon; three life sentences and $10,000 fines were imposed to run concurrently.
- On the day of the offenses Bejarano and his brother Gabino walked to Bustamante’s trailer after drinking; shots were fired, Bustamante was killed, and Morales was threatened/shot at.
- Witnesses at the scene: Gabino (brother), Morales (nearby resident with poor eyesight/hearing), and Michael Head (neighbor who heard shots and saw two people leave).
- Officers stopped Bejarano ~0.25 miles from the scene shortly after the shooting; Officer Carrasco saw Bejarano remove a .22 caliber firearm from his waistband and place it on the ground out of Gabino’s reach.
- Forensics: four empty cartridge cases from the recovered gun were positively matched to that gun; a lead bullet recovered from a support beam and a bullet fragment from Bustamante were .22 caliber but could not be positively linked to the gun due to unclear markings.
- Appellant appealed, arguing insufficiency of the evidence as to all three convictions (credibility of witnesses, lack of forensic linkage of bullets/fragments, and absence of fingerprint/DNA testing on the gun).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for unlawful possession by a felon | State: Officer Carrasco saw Bejarano handle and place the gun — sufficient to prove possession | Bejarano: No fingerprint/DNA testing tied the gun to him, so possession not proven | Affirmed — officer testimony that he handled the gun supported conviction |
| Sufficiency of evidence that a firearm was used to commit murder/aggravated assault | State: caliber match (.22), bullets/fragments at scene, trajectory consistent, witness testimony, and Bejarano’s admission support use of gun | Bejarano: DPS could not link bullets/fragments to recovered gun, so weapon use not proven | Affirmed — circumstantial evidence and reasonable inferences supported use of the firearm |
| Witness credibility (Gabino and Morales) | State: jury may credit witnesses; other corroborating evidence supports their accounts | Bejarano: Gabino made inconsistent statements and had a criminal record; Morales had poor eyesight/hearing — testimony unreliable | Affirmed — credibility determinations are for the jury; inconsistencies resolved in favor of the verdict |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for reviewing sufficiency of the evidence)
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (applying Jackson sufficiency review in Texas)
- Hooper v. State, 214 S.W.3d 9 (Tex. Crim. App. 2007) (permitting reasonable inferences from circumstantial evidence)
- Calton v. State, 176 S.W.3d 231 (Tex. Crim. App. 2005) (prosecution must prove each element beyond a reasonable doubt)
- Curry v. State, 30 S.W.3d 394 (Tex. Crim. App. 2000) (resolve evidentiary inconsistencies in favor of the verdict)
- Thomas v. State, 444 S.W.3d 4 (Tex. Crim. App. 2014) (jury is sole judge of witness credibility)