Case Information
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these follow:ns Rules anduR articles were urulates by the mineral wells twice department and was not inctuled or my Defense By Ethel. Prosecutins Attreney or Aperalua atolnay chapter 8: 45 "Prorise that is positive" chapter 8: 46 statements inkces by promises-1exas uluNTARINess standards and promises - make by of ssvctiunes by personin Authority. chaprert: 47 statements inkaces by promises - Texas uluNTARiness standards and promises - inatuences Suspect to cuntess untruth fully (this is my s/ru APPIRTAP IRMANAL APPEALS EURENCE isinstate EASIS. chapter 8:48 statements inkaces by deceptioh chaptel 8: 49 statements inkaces FLEDIN AND Deceptioh COURT OF CRIMINAL APPEALON - the process
MAR 232015 Chapter 8: 61 wamings Reguirabel Acosta, Clerk Article 38.22 when statement may be uses Mice 15.17 ARrest unher warRANT EX parte 4 parra 629502 d 943 ( 1 e x cRim App 1985) ineffective assistance of counsel case analysis to present evidence of the behalf of Defendant EX parte garTreds 6275 W . 2 d 420 ( 1 e x cIim App 1985) Article 15.17 ARrest unner warRanr - duties of ARrestins JFiciel and magistrate miRANTA nights nust given during time of ARrest or by magistra. AT time of 8848 setins those uolations (andere 7 n
*2 Dietricle 38-21 Page 237 a statement of an accused may be used in evidence again him of it appears that the same was freeing and Uglantarily made without companion of persuasion under the rules have after prescribed. Detective Denong Homsche - "If you feel me what you did I want feel the St. His was on account" me-(Bethesda/accused) "If I did it" I can see outself acting him with a fungeromals while I was changing his shape. This statement was made after stated Uglations companion and st. beusasion.
*3 also the findings of the psychological evaluation as performed by Mr. Kenton a psychologist were not presented at Court. The Courts used my mental installers to provocate me "based on the severity of this case and the fact that it's not an isolated incident (no physical evidence statement was made under Chief Visitation of Vero Cases (cultural involvement) and two ergonomic Phasability Disorder that he admits he has (Profound Psychological Problems for many years) (was in a vulnerable mental state immediately before relieved before occurred) and that he does have tendencies towards anger and violence. The state believes that it's in the next interest of the Community that he is restored to the institutional Divisionof Tract
*4 article 8:61 warnings Required - have enforcement must give a suspect the following 4 admonitments before any words of actions constituting an "interrogation" can begin 13) he/she has the right to consult with a lawyer and have the lawyer with I. He got the has the right to remain silent 2. Onjething he of the pups can and will be used against him/her in court It is the so indigent a lawyer will be appointed a Repusent him/her miracle. 384 U.S. 436,468 to 472 1625 to 1626 (1960s) as one of the first 3 parts of the warnings are not provided a Nesuiting Confession must be excluded. I may not have been in custody at the time of my interrogation but as the evidence (video interrogators) there 4 admonitments including the required first 3 parts were not instructed in a me. Jeremy Hemscher of the mineral weeks police Department did not cultivie me off their nights. He simply waved his hand towards the door that walked out to get him something to think (water) I reflected my Confession! (11d, I did it) shrewed he dismissed and all criminal perishments, too dismoved. At no time either he/she was current.
*5 at the time of my current before and after my transport to mineral weeks Police Department was (informed of my higher minoria) at the time of my kind nothing was I read my minoria nighils I admired my legal representative Richard Bitchie of this master I was simply informed by him that they didn't have to. While already states Under Texas lawsonal codes that the before enyinting in larn begin and also arrest under warrant that my minoria nighils would be read to me. The stated violations of taxes codes and Rules one stated as written in the West's Texas弓yecedness code and rules there rules are received through request)) 2013 there codes are as amended through the 2013 regular and called levisions of the 8385 legislative
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FJLED
AT 4 IS
PM-AM
CAUSE NO. 15154
STATE OF TEXAS
vs.
JOHNNY EUGENE DAVIS, SR.
HOV 14 2015
IN THE DISTRICT COURT JUDICI PECAMBERSIATT TEXAS W. 1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1. PALO PINTQZOUNTY, TEXAS
DEFENDANT'S EX PARTE MOTION FOR EXPERT AND INVESTIGATIVE ASSISTANCE
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, the indigent Defendant, JOHNNY EUGENE DAVIS, SR., by counsel, and pursuant to Tex. Code Crim. Proc. arts. 26.05(a) and (d), Art. 46B. 003 and .005 , the and Amendments to the United States Constitution and Article 1, Sections 10, 13 &; 19 of the Texas Constitution and other authority cited herein, moves this Court to enter a finding that there is a reasonable necessity for expert assistance and funding in support of Defendant's right to defend against the charge of Injury to a child with intent to injure brought by the State of Texas. In support thereof, this Defendant would show:
1 . (a) Defendant has been charged with the felony offense of Injury Child/Elderly/Disable W/Int Bodily Injury. As will be specifically set out herein, the accused's mental health, prior to and at the time of the alleged offense, will be a significant factor at trial and is relevant to issues that must be decided by the jury. (b) Expert assistance will be necessary to prepare and present this evidence in Defendant's defense. The assistance of the requested expert will help to satisfy the need for reliability in the trial process that is required by the and Amendments to the United States Constitution and the United States Supreme Court (see Woodson v. North Carolina, 428 U.S. 280, 305 (1976)), and under the Texas Constitution. (c) This Court has determined the Defendant is indigent. His counsel is unable to retain any expert assistance due to his client's indigent status. II. (a) The funding that is requested will provide Counsel with an essential tool to defend against the charges brought by the State of Texas. Defendant is entitled to such expert assistance upon a threshold showing that the assistance sought is relevant to a significant factor at trial.
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MINERAL WELLS POLICE DEPARTMENT
Supplement
Date of report: 09/17/2013 Case Number:
Incident Number : 1300012562 Supplemented by:Hamscher, Jeremy Date of Supplement: 09/20/2013 12:17
09/19/2013
I video interviewed Johnny Davis Jr's parents (Darline Davis and Johnny Davis Sr), Johnny Sr confessed to causing the injury on Johnny Jr's penis. Darline stated Johnny Sr never told hehe caused the injury. The interview was non custodial and Johnny Sr left after the interview was finished. 09/23/2013 A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A
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MINERAL WELLS POLICE DEPARTMENT
Narrative
Date of report: 09/17/2013 Case Number: 1300012562
Incident Number : 1300012562 On 9/17/2013 I officer Richard Harris received a call from Jeremy Henard of Child Protective Services. Mr. henard advised that Johnny Daiv jr. a three year old child had a suspicious bruise on his penis and that Jr. was being evaluated by a Cooks Childrens Hospital Physclan and that he would call back with the physicians findings.
Mr. Henard called back and advised that according to the physician who examined Jr. that the bruise on Jr's penis was caused by either a being pulled possible even Jr. being lifted by his penis or possible from a kick to the chlids scrotum.
EuiDenee does not show tha- S Alone caused this ingy?? Also no eUrenee(physcal) of plial Hishity of same IHSuMy-
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MINERAL WELLS POLICE DEPARTMENT
Supplement
Date of report: 09/17/2013 Case Number: 1300012562-2
Darline denied injuring her son or knowing who did. After speaking to her for a while she stated she believed Johnny Sr would have to be the person who injured him. She told me there wasnebody at the residence, other than herself and Johnny Sr.
End of interview. This is not a transcript of the interview. Please review video for details. At this time, there is no evidence to show that Darline was involved in injuring their son (Johnny Jr).
Stephanie Ann Giles interview
On 09/25/2013, I spoke with Stephanie Ann Giles (white/female, 02/13/1975 TX. DL #19013349) at 701 Garrett Morris Pkwy, Head Start, Mineral Wells, TX 76067. Stephanie is Johnny Jr's teacher. The interview was audio recorded. The interview is filed with this case.
She told me this is Johnny's first year at Head Start. He started on 08/26/2013. She stated she notice the injury to his penis on 09/03/2013 (Tuesday) when she was changing his diaper Monday was Labor Day, so the school was closed. She knew the injury was not normal. She said the shaft and of his penis was bruised a red and purple color. She immediately contacted her director and family social worker. She then contacted CPS to file a report.
She told me that morning when she took the diaper from his bag to change him there were cock roaches that crawled out. She stated they had to send him home that day because of head lice also. He returned to school on 09/09/2013.
She stated she changed his diaper on 08/30/2013 (Friday) and there were no visible injuries. She stated Johnny Davis Sr, came to pick him up that day. She said Darline stayed in the car. He told her he got the injury from a fall. Darline had told the school on the phone he got the injury from a fall.
Stephanie gave me a copy of the their family contact sheet she filled out on 09/03/2013. It said that Johnny told her he has been treating the injury with Neosporin since Saturday morning. The contact sheet is filed with this case.
End of interview.
Pagc 2 of 2
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MINERAL WELLS POLICE DEPARTMENT
Date of report: 09/17/2013 Case Number: 1300012562-2
JAS AUT ANTHOUS IS NO THOJECEY
Incident Number :1300012562 Supplemented by:Hamscher, Jeremy Date of Supplement: 09/23/2013 10:46
JO LAPOP CUNHERP PELMING
Johnny Eugene Davis Sr video interview
On 09/19/2013, I video interviewed Johnny Eugene Davis Sr (white/male, 11/02/1969, SSN: 458-31-1332) at the Mineral Wells Police Department interview room. The interview was non custodial. Johnny Sr came to speak with me voluntarily. Before the interview began, I advised him he was free to leave at any time. He understood. The video is filed with this case.
Johnny knew that he was there to speak about his son's (Johnny Eugene Davis Jr (white/male, 09/25/2009) injuries. I spoke with Johnny about who all was at the house during the time frame the injury happened. He stated the only people at his house were him and Darlina Runa Davis (white/female, 08/04/1966, TX DL #08562549). Darlina is his wife and Johnny Jr's mother.
I spoke to him about the injury not being caused from a fall. I advised him the injury was a result of a person causing the bruising and laceration/cut. Throughout the interview he denied causing the injuries to his son, but did not know who would have done that. Towards the end of the interview, he confessed to being the person that injured his son. He stated the injury happened while he was trying to put a diaper on him. He stated Johnny Jr was moving around a lot and would not be still enough to get the diaper underneath him. Johnny Sr stated he grabbed him by his penis and lifted him up only by his penis to get the diaper underneath him. He stated he cut the base of Johnny Jr's penis with his fingernail. He showed me that his fingernails needed to be cut. He told me he always lifts him up by his penis. He agreed with me that he pulled/jerked his son's penis too hard causing the injury.
End of interview. This is not a transcript of the interview. Please review video for details.
Darline Runa Davis video interview
On 09/19/2013, I video interviewed Darline Runa Davis at the Mineral Wells Police Department interview room. The interview was non custodial. Darline came to speak with me voluntarily. Before the interview began, I advised her she was free to leave at any time. He understood. The video is filed with this case.
Officer: Hamscher, Jeremy Approving Supervisor: Not approved
Page I of 2
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*14 would -- I would think that this Court could just make it an order of the Court for him not to be around, until further order, and let him amend his conditions of probation through a lawyer, if the Court felt comfortable about that. And certainly, anger management and those kind of things.
But I don't think Johnny is a threat to society. I think he's genuinely concerned about the damage that he did to the marriage and still wants to get back with her, but I don't -- I don't believe he is a -- I don't think the evidence shows that this is a violent predator like that.
I think it was a total lapse of judgment to even attempt to change a diaper that way. I mean, I think that's -- that's true.
THE COURT: Well, I mean, the pictures are very serious to me. I mean they depict very serious injuries.
MR. RITCHIE: Yes, sir.
THE COURT: Almost shocking of the conscience really is the way I see it. And I just -- that's why I say, I just don't understand how a human being can do that to their own son. That's really troubling to me.
MS. MASSEY: Your Honor, actually, his
*15 caseworker is here in the gallery today, and she's advising that it is open simply for the fact that he has been in jail pending this outcome. But the child's been reunified, and services have been worked by the mother. (Pause in proceedings.) THE COURT: Mr. Davis, could you stand, please.
THE DEFENDANT: (Complies.) THE COURT: All right, Mr. Davis. You've come before the Court today, and you entered a plea of guilty to the offense alleged in the indictment in this case.
You were duly admonished by the Court about the consequences of that plea. You've asked the Court to consider to give you -- to put you on probation, but I told you, prior to accepting your plea, that you were not going to be allowed to withdraw that even if I rejected what you were asking me to do. I found that your plea was knowingly, intelligently, freely, and voluntarily given, and I accepted that plea of guilty. And you -- there's been evidence presented, which goes to the effect of punishment or sentence or what to do with you in this case.
So, first of all, I'm going to find you
ELIZABETH BOURQUIN, CSR 29TH JUDICIAL DISTRICT COURT, PALO PINTO COUNTY, TEXAS
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QJJEN!e OJes NUT shUN WITTUUT ANT
BeinS CUNIiCTeS BeCAUSE...)E MENTAL
because he dirtied his diaper or because he wasn't being still -- THE COURT: Okay. MS. MASSEY: -- and did this out of anger. THE COURT: Okay. All right, Mr. Ritchie. MR. RITCHIE: My take on the actual incident is -- give me a second to articulate what I really think about what the evidence shows, Judge, is that when you first look at it in a vacuum, it's -- you think, well, who would do that conduct?
But then you go, how can a three-year-old having a diaper changed and wiggling around and doing certain things? I mean, it's just -- you go, wow, how can that happen?
I think you get into inadvertence; I think you get to recklessness, which is also part of that statute. And, you know, there's a lessef included going down. That's a state jail felony offense. But -- and I don't think that's what the Court is asking about.
But I don't -- to me, this evidence is that Johnny did not do it a numerous number of times or probably the same result would have happened because of the fingernails or whatever But I think it was a -- it happened spur of the minute. The child's wiggling
*17 management class and not be near his wife or child, if that's what they ask, and it's my understanding they have asked, for at least two years.
THE COURT: Well, let me just ask you that. I mean, that's -- can that be imposed -- you're saying that can be imposed as a term and condition of probation?
MS. MASSEY: It can be a condition of probation that he not be near his wife and child for as long as the Court deems proper.
THE COURT: But that would not be enforceable like a protective order would be, though.
MS. MASSEY: No. It would be a violation of probation if he did that.
THE COURT: All right.
MS. MASSEY: This would just be extra protection for the family.
THE COURT: Right. Okay.
All right. Can you speak to the mindset of this offense, though, that I was alluding to? Why would this occur? I mean, based upon -- what's your position in that regard?
MS. MASSEY: Based on the evidence, the only conclusion that I can come up with is that he was angry with the child for whatever reason, whether it was
ELIZABETH BOURQUIN, CSR 29TH JUDICIAL DISTRICT COURT, PALO PINTO COUNTY, TEXAS
*18 around, going around, maybe not behaving. And so, Judge, it is what it is. I think your perception is the same as everybody else's. But I think the practicalities of this happening in the -- in the near future are just -- I mean, I don't think there's any threat to society about Johnny going around changing diapers on kids, okay, number one. I mean, it's -- the kid is bound to be old enough, since he's going to be five, where the same kind of conduct wouldn't occur. Maybe other conduct would occur. I mean, that's always a concern for us. But that conduct can't -- surely wouldn't. I don't know -- I honestly don't know where the CPS case is in this system. I'm assuming - and the Court may know -- if it's in this court, then it certainly would be supervised visitation, and he wouldn't have the opportunity to be around the kid, kind of like a protective order, without supervision. And I don't know that. THE COURT: I don't know -- I don't know the answer. I have so many of them I can't -- MR. RITCHIE: I understand, Judge. And I -- but I would -- we both know -- CPS is in it somewhere, I believe. And as a condition of probation, I
*19 Q. Okay. Certainly depression and anxiety over the years; is that right? A. Yes, sir. Q. And you've off and on taken medicine for that for a long period of time; is that right? A. Yes, sir. Q. Sometimes you get it -- get the medicine correctly; sometimes you don't, right? A. Yes, sir. Q. Today, as we're sitting here, since you've been in custody, there's nothing that the jail has given you that causes you not to understand what we're doing today, though, is it? A. No, sir. Q. You totally understand, and you understand what I'm talking about, what the Court's talking about, and nothing about medication is keeping you -- hindering you in any way of communicating -- A. No, sir. Q. -- is that right? A. Yes. Q. Okay. Do you know what your IQ level has been established at? H. 1. 1. 1. 1. 1. 1. 1. 1. NUT A. No, sir. Q. We're going to get to the night -- or the
*20 A. No, sir. Q. Did you graduate from Springtown? A. Yes, sir. Q. And that's high school, correct? A. Yes, sir. Q. Do you have any other education at all besides that? A. No, sir. Q. And you've got some physical disabilities; is that right? A. Yes, sir. Q. Can you name some of those? A. I've got a partially fused -- partially fused left hip, and I've got the beginning stages of degenerative disc disease in my back. Q. Okay. You walk with a pretty noticeable limp; is that correct? A. Yes, sir. Q. You're in pain a lot; is that right? A. Yes, sir. Q. Okay. And have you been diagnosed with things going on in -- mentally? A. Yes, sir. Q. Bipolar? A. Bipolar, yes, sir.
ELIZABETH BOURQUIN, CSR 29TH JUDICIAL DISTRICT COURT, PALO PINTO COUNTY, TEXAS
*21 system, or is it even in the system yet, or do you know? A. It should -- Investigator Henard -- yes, it should be in the system. I don't know the status of their case, though.
MR. RITCHIE: I pass the witness.
REDIRECT EXAMINATION BY MS. MASSEY: Q. Just clear up one little thing.
When Mr. Davis went and picked up the child from Head Start, did he tell them what happened? A. He told them -- he told them a story of what happened. Q. Okay. And what did he tell them? - A. He told them about the fall. Q. And when you interviewed him, did he immediately tell you what had occurred? A. No, he did not. Q. And did he tell you the story of him falling also? A. I believe in the beginning of it, he did. We did speak about that.
Q. But he did eventually tell you what happened? A. In the end, yes, he did.
MS. MASSEY: No further questions. MR. RITCHIE: I have no further questions.
ELIZABETH BOURQUIN, CSR 29TH JUDICIAL DISTRICT COURT, PALO PINTO COUNTY, TEXAS
*22 don't immediately call law enforcement, correct? A. That's correct. Q. There was -- was there ever any doubt in your mind that there was nothing -- no sexual conduct or indecency or anything of that going on in this entire case? A. No. I didn't believe there was any sexual conduct going on. Q. And from your investigation, was there ever any allegations against Johnny of being dependent on pot, meth, alcohol, any of that stuff? A. Not that I recall. Q. His problem was -- he was getting treated at various times for depression-type medications and those kind of things? If you know. A. No. I'm not -- I don't recall any type of medication. Q. But in your investigation, though, you weren't going: Oh, my gosh, this guy was on methamphetamine or drunk or something and doing that. That just didn't come to your attention at all -- A. No. Q. -- is that fair? A. No. That is fair. Q. Are you aware of where the CPS case is in the
*23 Gices have been Designed to Cleftly
*24 | 2 | | | :--: | :--: | | 1 | happened sometime before that, correct? | | 2 | A. Yes. | | 3 | Q. All right. And I notice on there that there's | | 4 | no serious bodily injury. As a matter of fact, the | | 5 | child was back in school, I believe, on the following | | 6 | Monday after Labor Day, right? | | 7 | A. I believe that's when he went back, yes. | | 8 | Q. The child missed about a week of school; is | | 9 | that correct? | | 10 | A. Yes. | | 11 | Q. And so -- and so if the injury happened on | | 12 | Saturday of Labor Day weekend, I believe the parents | | 13 | were treating the laceration with Neosporin. | | 14 | A. Yes, that's what they said. | | 15 | Q. Is that basically right? | | 16 | A. (Nods head affirmatively.) | | 17 | Q. In fact, I think that's what Stephanie Giles | | 18 | said when you interviewed her, right? | | 19 | A. Yes, that's correct. | | 20 | Q. And the child is -- certainly, the child has | | 21 | recovered now, correct? | | 22 | A. I believe so. | | 23 | Q. Right. It's not serious bodily injury, in your | | 24 | opinion, is it? | | 25 | A. No, it's not. |
ELIZABETH BOURQUIN, CSR 29TH JUDICIAL DISTRICT COURT, PALO PINTO COUNTY, TEXAS
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1 N|N|C|A|S|A|I|N| 2 T|S|A|A|Q| TAA|V|N|A|
Acone with vicutrA on 20.904 NST 52014
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VIGLATIONOFEY-PART 4139224
(0295W 2d 943 (9eg CZM APA 1952)
ELIZABETH BOURQUIN, CSR 29TH JUDICIAL DISTRICT COURT, PALO PINTO COUNTY, TEXAS
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Mineral Wells Police Department
212 S. Oak St. Inmate Booking Report 9/25/2013
| Personal Name: Davis, Johnny Bugono Sr | | | | Agency Id: 5237-1 | | | | :--: | :--: | :--: | :--: | :--: | :--: | :--: | | Ethnicity: Non-Hispanic | DOB 11/2/1969 | | Age: 43 | POB: | | | | Race: White | Sex: | Male | Weight: 150 | | Height: | | | Hair: Brown | Eyes: | Hazel | | | | | | Identifying Characteristics | | | | | | | | Characteristics | | Body | Pairs | | Description | |
| DL No.: | Issued: | SS No: | 458-31-1332 | DPS No.: | FBI No.: | | :-- | :-- | :-- | :-- | :-- | :-- | | Occupation: | | | | | | | Address: | | | | | | | Street: | City: | | State: | | Zip: | | Phone: | | | | | | | Phone: | | | | | | | Phone: (940)745-5723 | | | | | |
Arrest Arrest Agency: Mineral Wells Police Department Booking Date: 09/23/2013 14:58 Arrest Officer: Bilski, Christen Booking Officer: Bilski, Christen Arrest Location: 607 SW 4TH AVE Arrest Date: 9/23/2013 2:51:00 PM Vehicle Make: Model License No.: Towed:
Remarks:
Charges
1 - WARRANT CLASS B OR ABOVE Remarks: Injury to a Child
Call No.: 1300012973
Total Amount:
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CAUSE NO. 15154
EXHIBIT LIST
STATE'S
No. 1- Guilty Plea Memorandum [in jacket] No. 2- Mineral Wells PD Report No. 3- Cook Children's Medical Records [in jacket]
I certify that the set out list above represents all exhibits received in evidence in the above-referenced cause in the Trial by Court on April 16, 2014. I hereby transmit referenced exhibits to the Clerk of this court.
Signed this day of 2014. EMPARE PARIELLO 6975 . W. 2 d 1720 (TeECCIM APA. 1985) yNSYFFEENTECHINENCE
District Clerk's Office Representative PRUSCUTING ATUHWY R. chAeQ k t the TAILED to PECSCAT to COURT 2 ingings of mentA CULATION OF PALLSE PENNICC AUF 4205 PMAM 010 NOT STATE tEfATS IATEMENTAF 16 TII WAS S4AeD AS II EF I 0 O
DADA
DA this WAS ANACEICENT UOY
*29 STATEMENT WAS MADE AFTER VIDATION OF TACSE PHONSCACT which was VIDATE When I be fusing to continue with interpreting ATiDN Reflective "Yet Jwe He e" are N'D, my H. P. Heffr. Detective - IF you tell me what you do I will feel the DA This was A N. C. chapter 8: 45 "PRoNise that is Positive"
*30 three-year-old to do that; is that right? A. Yes, sir. Q. The child should be old enough now where you shouldn't be changing diapers anymore; is that right? A. Yes, sir. Q. And any kind of visits, either through CPS or whatever, you're willing -- if it has to be supervised or whatever, that's fine; is that correct? A. Yes, sir. Q. Any chance that you don't love your child and want to be back with him? A. No. Q. In fact, that night, you were watching a Ranger game, weren't you? A. Yes, sir. Q. And your wife was not doing anything bad, but she works; is that correct? A. No, sir. Q. She doesn't work? A. No, sir. Q. That night, she was sleeping because she gets up early, or what was the transition that night? A. She was at therapy group and a counselor for MHMR. Q. Okay. She was at MHMR or whatever, but you
*31 But that's my session was on 7jia 1947. CAN sening through dARcine Davis or M. M. M. M.
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Arrest Narrative
Prisoner Name: Davis, Johnny Eugene Reasonable suspicion for vehicle stop or detention of prisoner Warrants Warrants were confirmed Handcuffing: Handcuffed in front (explain in notes) ffs were not (explain in notes) from the prisoner before being placed in a cell. Prisoner was searched incident to arrest by Bilski, Christen
Other searches: None Transporting officer: Bilski, Christen The transporting police unit was inspected for weapons and contraband before and after transporting prisoner. Prisoner's seat position: back passenger side The prisoner was not secured with a seatbelt (explain in notes) Prisoner was allowed to talk to the following people while in custody (explain in notes if other than "none"): friend The prisoner was not operating a motor vehicle. If the prisoner was operating a motor vehicle, the prisoner's vehicle was At the jail, the arresting officer's firearm was secured in the jail lockbox The prisoner was under observation during the enore time of arrest Force: No force used during this contadi force was used, a Use of Force form is attached. Notes On Monday 09/23/2013 at 1445 hours 1, officer Bilski served warrant F01134 Injury to a Child to Johnny Davis W/H DOS 11/02/1969 at 607 sw 4th ave Hineral Wells, Palo Pinto Texas. Johnny was sitting in living room and laterilited himself. I placed Johnny under arrest and transported him to Hineral Wells Police Department. Davis was booked in per
*33 | 1 | you may or may not attempt to do that; is that correct? | | :--: | :--: | | 2 | A. Yes, sir. | | 3 | Q. Okay. The jail is actually giving you some medicine for diabetes and blood pressure, are they not? | | 4 | A. Yes, sir. | | 5 | Q. Let's talk about -- if the Judge considers | | 6 | probation in this case, can you -- can you be employed? | | 7 | A. Yes, sir. | | 8 | Q. Certainly, you can do minimum wage jobs; is | | 9 | that correct? | | 10 | A. Yes, sir. | | 11 | Q. Some of the jobs you've had in the past have | | 12 | been a food stocker, correct? | | 13 | A. Yes, sir. | | 14 | Q. And -- but he -- the Court can be confident | | 15 | that you can make minimum wage and pay any fees or fines | | 16 | or whatever; is that correct? | | 17 | A. Yes, sir. | | 18 | Q. And since you've been incarcerated for | | 19 | eight months, you've, obviously, got to start over, | | 20 | right? | | 21 | A. Yes, sir. | | 22 | Q. You can mow lawns and do that kind of thing. | | 23 | A. Yes, sir. | | 24 | Q. And that's what you want to do instead of go to |
ELIZABETH BOURQUIN, CSR 29TH JUDICIAL DISTRICT COURT, PALO PINTO COUNTY, TEXAS
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*35 were in charge of the child that night; is that correct? A. Yes, sir. Q. I mean, nothing unusual about that, was it? A. No, sir. Q. And are you telling the Judge that you'll do anything that it takes to make probation? A. Yes, sir. Q. You don't even have a driver's license, do you? A. No, sir. Q. But you've got people that will take you where you need to go; is that right? A. Yes, sir. Q. And you're aware that if the Judge puts you on probation and that you violate that, that you could go to prison for probably 10 years or however long he says, right? A. Yes, sir. Q. But you want to work your services; you want to do things with CPS; you want to cooperate with probation and not go to prison. A. Yes, sir. Q. Johnny, am I leaving out anything?
23 You know you have community service hours you'd have to do. A. Yes, sir.
ELIZABETH BOURQUIN, CSR 29TH JUDICIAL DISTRICT COURT, PALO PINTO COUNTY, TEXAS
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NEVERSTATEI THAT IWHEL HAMMEN VICTIM
Do you understand all of that? A. Yes, ma'am. Q. And you thoroughly believe that you can and will do all of that? A. Yes, ma'am. Q. Even though you don't have a car and a ride? A. I'd find a ride with a friend of mine. I'll just have to -- you know... Q. And if I told you that your wife didn't want you back in the house, would you be accepting of that, if she told you that? A. It'd hurt, but I -- I want to be back with her.
This was an accident. I didn't do this 3- I want to stop any disability, stop and go back to work and learn how to be a better father and husband. Q. Now, in the medical records that I introduced earlier, there's a statement from your wife that you had been diagnosed with an explosive personality? A. Yes, ma'am. Q. And that means that you're prone to anger and violence. A. Yes, ma'am. But at the time, I was unaware what that meant. Q. But you admit that you do have that? A. Yes, ma'am. That's one reason I'm trying to
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