Romel Lamarr Henderson v. State
02-16-00317-CR
| Tex. App. | Nov 2, 2017Background
- Henderson pleaded guilty to obstruction or retaliation and received three years’ deferred-adjudication community supervision under a plea bargain.
- The State filed a petition to adjudicate, alleging Henderson violated supervision by biting Fort Worth Police Officer Daniel St. Clair, causing bodily injury to a public servant in violation of Tex. Penal Code § 22.01(b)(1).
- Officers encountered Henderson attempting to pry into a church building; he was handcuffed, put in a patrol car, and displayed agitated behavior (spitting, kicking) requiring leg restraints and spit socks.
- Paramedics sedated Henderson; while being restrained on a stretcher, Henderson bit Officer St. Clair through clothing/spit sock on the officer’s right arm.
- Officer St. Clair testified the bite caused him pain, left a crescent-shaped mark on his uniform, and he received medical attention; bodycam video and photographs were admitted.
- The trial court found the allegation true after an adjudication hearing and sentenced Henderson to ten years’ confinement; Henderson appealed arguing insufficient evidence of bodily injury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence proves Henderson caused "bodily injury" by biting an officer | State: Officer’s testimony, photos, and video show a bite that caused pain and required medical attention, satisfying "bodily injury." | Henderson: Insufficient evidence that the bite caused bodily injury (no proof of actual physical injury beyond contact). | Court: Affirmed — testimony of pain, uniform mark, and medical attention suffice; any physical pain, however minor, meets definition of bodily injury. |
Key Cases Cited
- Garcia v. State, 367 S.W.3d 683 (Tex. Crim. App. 2012) (any physical pain, however minor, can constitute bodily injury)
- Laster v. State, 275 S.W.3d 512 (Tex. Crim. App. 2009) (victim’s testimony of pain can support bodily-injury finding)
- Rickels v. State, 202 S.W.3d 759 (Tex. Crim. App. 2006) (revocation/adjudication reviewed for abuse of discretion)
- Cardona v. State, 665 S.W.2d 492 (Tex. Crim. App. 1984) (trial court as sole judge of witness credibility in revocation proceedings)
- Cobb v. State, 851 S.W.2d 871 (Tex. Crim. App. 1993) (State bears burden by a preponderance to prove supervision violation)
- Garrett v. State, 619 S.W.2d 172 (Tex. Crim. App. 1981) (review revocation evidence in light most favorable to trial court’s ruling)
- Clark v. State, 461 S.W.3d 244 (Tex. App.—Eastland 2015) (biting an officer causing pain satisfies bodily-injury element)