 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Gaffney v. State3/25/1998
AFFIRMED and Opinion Filed
Paul Sean Gaffney appeals his convictions for murder and attempted murder. The jury found appellant guilty of both offenses and assessed punishment at sixty years and fifteen years, respectively, and a $5,000 fine in each case. Appellant contends the evidence is legally and factually insufficient to support these convictions. We disagree. Accordingly, we affirm the trial court's judgments.
FACTUAL BACKGROUND
In the early morning hours of October 8, 1995, Kevin Gregor and Chad Jennings went to a known drug area called "the Block" in Denison, Texas to buy drugs. They encountered appellant, his wife, Doug Childs, and other persons. After Gregor and Jennings completed the drug purchase, an argument started. Gregor and Jennings were shot. Gregor died as a result of a gunshot wound to his chest. Jennings survived.
At trial, Childs testified that appellant had flagged him down and wanted some crack cocaine to sell to two white males, Gregor and Jennings, who were in the back seat of appellant's car. Childs gave a "dime rock" to appellant, and appellant made the sale. After the transaction, appellant asked Childs for five dollars for "making the deal." Childs testified that one of the white males was "real drunk and he was big and talking a lot of shit." Words were exchanged, and as Gregor and Jennings attempted to leave, Childs testified appellant asked if he had a "strap," a gun. Childs testified that he went and got a gun and handed it to appellant, who then followed the white males around the corner. He testified the gun was kept down at "the Block" for anyone's protection who knew it was there. Childs followed appellant around the corner, but was unable to hear what appellant and the two men were saying. He testified he saw appellant fire twice at Jennings as he ran up a hill and then shoot Gregor who was on his knees "like he was begging." Childs testified he did not tell police in his first statement that he handed the gun to appellant. He later admitted to police that he handed the gun to appellant and that his prints may be on the gun. Childs gave a second statement to police and was fingerprinted but not charged. He testified the gun found at the scene was the gun he handed to appellant.
Jennings testified that he and Gregor had been drinking and decided to go to Walker Street, in "the Block" area, to buy drugs. He and Gregor encountered appellant and a black female and got into the back seat of their car. Appellant drove around until he saw Childs' car and flashed his lights for Childs to stop. Jennings and Gregor got out of the back seat and waited by the car for appellant to complete the transaction. Jennings testified that appellant obtained a "dime rock" from Childs, and Gregor paid appellant ten dollars. He testified that after the transaction, appellant "wanted some money for his trouble." Jennings refused because they had originally wanted a "fifty dollar rock." At that point, Jennings testified the other individuals began crowding around them and he decided it was time to "get out of there." Jennings became loud, using aggressive words, and backed away with his hands on his back holding his wallet on his right hip pocket. Gregor was beside him. They rounded the corner at Burnett and appellant, Childs, and a third black male followed them. Jennings and appellant began arguing again about money. Gregor had stopped and was talking to appellant, but Jennings continued to back up and exchange heated words with appellant. Jennings saw appellant raise his hand and he then heard two shots and realized he had been shot. Jennings testified he was ten to fifteen feet from appellant when the shooting occurred. Jennings did not
Page 1 2 3 4 Texas DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|