Travis Wade Coleman, Jr. v. State
428 S.W.3d 151
| Tex. App. | 2014Background
- On Jan 19, 2011, Ray Sambrano was found shot to death at home; autopsy indicated death occurred in the morning and wounds were caused by a 20‑gauge shotgun.
- Travis Coleman Jr. (appellant) initially reported a prior “deadly conduct” threat; investigators later interviewed him multiple times and noted inconsistencies and statements that he hated Sambrano.
- Evidence connected a missing 20‑gauge shotgun (owner: Russell Coleman, appellant’s uncle) to appellant: Russell discovered a rifle in his shotgun case and later surrendered both guns; appellant was seen returning with a shotgun concealed in his clothing.
- Several witnesses reported out‑of‑court admissions by Jared Coleman (co‑defendant) that Jared and appellant killed Sambrano; three witnesses (Larivee, Kerchner, Yeargan) testified to Jared’s statements.
- Appellant also made various inculpatory admissions to friends and was recorded urging Jared to keep quiet; appellant was convicted of murder and given 33 years’ imprisonment.
Issues
| Issue | State's Argument | Coleman (appellant)'s Argument | Held |
|---|---|---|---|
| Admissibility of Jared’s out‑of‑court statements under the "statement against interest" exception (Tex. R. Evid. 803(24)) | Jared’s statements to Larivee, Kerchner, Yeargan were against his penal interest or blame‑sharing and sufficiently corroborated, so admissible. | Admission of Jared’s statements was hearsay; some statements allegedly shifted blame to appellant and thus were not admissible under Walter/Rule 803(24). | Court affirmed: most statements were admissible as statements against interest with corroborating circumstances; one porch statement that shifted blame was erroneously admitted but harmless. |
Key Cases Cited
- Walter v. State, 267 S.W.3d 883 (Tex. Crim. App.) (adopts analysis allowing collateral blame‑sharing statements under Rule 803(24) but rejects self‑serving blame‑shifting statements)
- Woods v. State, 152 S.W.3d 105 (Tex. Crim. App.) (factors for corroborating circumstances under Rule 803(24))
- Dewberry v. State, 4 S.W.3d 735 (Tex. Crim. App.) (consideration of spontaneity and context in admitting statements)
- Cunningham v. State, 877 S.W.2d 310 (Tex. Crim. App.) (trial court discretion in assessing corroboration/trustworthiness)
- Torres v. State, 71 S.W.3d 758 (Tex. Crim. App.) (standard of review—abuse of discretion for evidentiary rulings)