2007-03-17

On March 13, 2007, appellant and Jonathan McSmith were together with Larry Hattig in a home located in Amarillo, Texas. While at the home, appellant had a gun and, while “messing” with the gun, shot and killed McSmith.

Appellant was charged with murder. At trial, appellant was found guilty of the lesser-included charge of manslaughter and went to the jury for punishment. During the punishment proceedings, the State presented evidence of appellant’s prior adjudicated offenses including burglary of a building, possession of marihuana, and discharge of a firearm inside a municipality. Additionally, upon cross-examination of appellant, the State made statements that raised the issue of appellant having a “gang mentality” and that appellant had failed to be rehabilitated because, after his release from the Texas Youth Commission, appellant was “out on the street buying guns, buying ammunition, having drugs, and shooting people.” The jury was then charged and, after deliberations, returned with a sentence of 20 years in ID-TDCJ.