Vincent John Zahorik v. State
475 S.W.3d 459
| Tex. App. | 2015Background
- Zahorik received an Equifax notice showing his credit was accessed for "employment purposes" in Tennessee though he never applied there; he had prior complaints against Tennessee officers.
- Equifax and the FTC instructed Zahorik to obtain a police report for the FTC to investigate; he contacted Tennessee officials and Galveston PD.
- Zahorik sent letters to Tennessee Highway Patrol Captain Donoho (Dec. 27, Dec. 29) describing the Equifax notice and requesting investigation; Donoho told him the check was run at the prosecuting attorney’s request.
- On Jan. 5 Zahorik met Galveston Officer Kiamar, gave the Equifax notice and earlier letters, and reported possible identity theft so the FTC/Equifax would investigate.
- Galveston Sergeant Kylen, after receiving Donoho’s information, closed the identity-theft inquiry and sought charges against Zahorik for making a false police report; Zahorik was convicted and appealed.
- Tennessee’s internal inquiry later sustained Zahorik’s complaint and disciplined the officers who obtained his credit report; the trial court excluded introduction of the federal Fair Credit Reporting Act at trial (but took judicial notice of it).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for false-report conviction | State: Zahorik knowingly made a false report of identity theft and the jury could disbelieve his testimony | Zahorik: He made the report in good faith to obtain action on a valid grievance (FTC-directed) about an improper credit check | Reversed — evidence legally insufficient because State failed to prove bad faith and that report was not to obtain action on a valid grievance |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of the evidence)
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (applying Jackson standard in Texas)
- Wood v. State, 577 S.W.2d 477 (Tex. Crim. App. 1978) (when reporting official misconduct, State must prove report was made in bad faith and not to obtain action on a valid grievance)
- Malik v. State, 953 S.W.2d 234 (Tex. Crim. App. 1997) (use of hypothetically correct jury charge to measure sufficiency)
- McGee v. State, 671 S.W.2d 892 (Tex. Crim. App. 1984) (Wood principles applied)
- Montgomery v. State, 369 S.W.3d 188 (Tex. Crim. App. 2012) (jury is sole judge of witness credibility)