Pate, Chadrick B

•

RECEIVED IN.
COURT OF CRIMINAL APPEALS

Sept.lt..,2015 SEP 16 2015

Abel Acosta Abel Acosta,' Clerk
Clerk of the Texas Court of
Criminal Appeals
201 West 14th Street
Austin, T~xas 78701

Chadrick Pate# 1563340
3060 FM 3514
Beaumont Texas 77705

Re: Emergency Motion for Permission to File Writ of Mandamus from a Void Final
Felony Conviction with Emergency Writ of Mandamus frorri a Void Final Felony
Judgment and Conviction included.

Dear Clerk,

Enclosed you will find the original dopuments referenced above.

As my address indicates I am a inmate pro se filer.

I respectfully request that these proceedings be filed and submitted under em~rgency

considerations under the Emergency Titles or which I have labeled them.

I also respectfully request that the Court consider the pleadings liberally and if need be

consider the pleadings as an Or-iginal Ex Parte Habeas Corpus Proceeding only if the

Court cai)Ilot provide expedious decision pursuant to my Writ of Mandamus.

Suspension of Rule: On a party's motion or on its own initiative an appellate court

may - to expedite a decision or for other good cause -suspend a rule's operation in

a particular case and order a different procedure; but a court must not construe this rule
suspend any provision in the Code of Criminal Procedure or to alter the time for

perfecting an appeal in a civil case.

Thank you for your kind consideration in this matter.

mgJa
Chadrick Pate #\ 1563340
3060 FM 3514
Beaumont, Texas 77705

2.
 IN THE TEXAS COURT OF CRIMINAL APPEALS, AUSTIN TEXAS

In Re: CHADRICK B. PATE# 01563340
REALTOR

v. CAUSE NO. A-08-5080-4CR

THE 36TH DISTRICT COURT
ARANSAS COUNTY, TEXAS

HONORABLE JANNA K. WHATLEY
STATE OF TEXAS RECEIVED IN
COURT OF CRIMINAL APPEALS
RESPONDENT
S£P 16 2015
AbeJ Acosta
'
clerl(
EMERC..E rJc.y
MOTION FOR LEAVE TO FILE WRIT OF MANDAMUS FROM A VOID
FINAL FELONY JUDGMENT AND CONVICTION AND EMERGENCY
MOTION FOR RELIEF PURSUANT TO WRIT OF MANDAMUS FROM A
VOID FINAL FELONY JUDGMENT AND CONVICTION

'lihl~ ~ocumen~ eontains some
pig~s that are o~ poor qualitw
~~ ~~e ~lms o~ lmaQing.

Beaumont, Texas 77705
 IN THE TEXAS COURT OF CRIMINAL APPEALS AUSTIN TEXAS

In Re: CHADRICK PATE
REALTOR

v. CAUSE NO. A-08-5080-4CR

THE 36TH DISTRICT COURT
ARANSAS COUNTY, TEXAS

HONORABLE JANNA K. WHATLEY
STATE OF TEXAS
RESPONDENTS

EMERGENCY MOTION FOR LEAVE TO FILE ORIGINAL WRIT OF
MANDAMUS PURSUANT TO A VOID FINAL FELONY CONVICTION

To The Honorable Texas Court of Criminal Appeals,

Comes Now, Realtor Chadrick B, Pate hereinafter referred to as Pate, proceeding

pro se and respectfully request Emergency Relief for Motion For Leave To File Original

Writ of Mandamus Pursuant To A Void Final Felony Conviction, filed with this Motion.

JURISDICTION

This Court has jurisdiction of this proceeding pursuant to Texas Constitution

Article 5 Section 5 of The Texas Constitution.

1.
Under exceptional circumstances, the court may deny the right to file a response and act

on the motion any time after it is filed; Petition Practice before Texas Supreme Court

2008 Douglas W. Alexander and Lori Ellis Ploger.

Pate would show good cause and exceptional circumstances for emergency relief as

follows: (1) Pate is entitled to the relief sought as a matter of law.

Pate filed the Writ of Mandamus pursuant to a Void Judgment and Conviction. The void

statute calls for no discretion and no judicial decision , it mandates acquittal.

Mandamus will lie when a district court fails to observe a mandatory statutory

provision conferring a right or forbidding a particular action. In these instances the trial .

court's discretion is not invoked, and it's failure to comply with the mandatory

provision renders it's order or judgment void. See: State Bar of Tex. v. Heard 603

SW 2d 829 Tx. Sup. Ct. 1980; Cline v. Niblo 117 Tex; 474 8 SW 2d 633.368.66

A.L.R. 916 Freeman on Judgments. 5th Ed. 354.

Pate has set out in his Writ of Mandamus a non exhaustive list of each

of the violations of due process, abuses of discretion, and fraud upon the court by the

court and it's officers used to illegally proceed to a trial and to render a void and illegal

judgment and conviction and supported the abuses with an adequate record to establish

the mandamus relief requested. See Walker v. Packer 827 S W 2d 833 837 (Tex. 1992);

In Re Mata, No. 14-12-00460- CV Tx. App. 2012 and TRAP 52.3(k)(1) 52.7(a).

Therefore it is with respect and trust that Realtor Pate relies upon the judicial system to

terminate the last more than Seven Years of the abuse of his liberty rights. Pate has
2.
 ...... -

professed his innocence from the very beginning of this ordeal and though not

effectively due to his lack of knowledge of the law and financial resources he has never

stopped looking to the judiciary to acquit him.

To force Pate to await a response from the same parties that are responsible for his

illegal Judgment and Conviction and to await the response from this Honorable Court

serves only to continue the abuse of Pate's substantial rights to his liberty and freedom

from the State having brought an illegal indictment with no evidence to support the·

indictment, his illegal incarceration, illegal trial and illegal Judgment and Conviction.

If the Honorable Court cannot make a decision for immediate Mandamus relief based

upon the evidence supplied by Pate contained within his Writ of Mandamus, then Pate

respectfully requests that if the court sees fit to allow a response from the Respondent

and Interested Party then it would order an immediate response and that both the

trial Judge Janna K. Whately and the District Attorney Michael Wellborn be recused

from serving any such response and that a Special Judge be

appointed to insure a fair and impartial response based only on the facts of the trial

court record and any supporting facts offered by Pate. Not withstanding the serious

conflict of interest that exists from any response from Judge Whatley or District

Attorney Michael Wellborn, Judicial Cannon 2 prohibits the current District Attorney

Michael Wellborn from any participation in t~e Mandamus Proceedings as·he was one

of the presiding Pre Trial Judges over Pates trial, who had ex parte communications

with the Prosecuting Attorney regarding Pate's trial defense and trial dates, and also
3.
failed to provide a decision on Pate's properly filed Motion for Severance when a

decision was requested. Judge Janna K. Whatley should be recused in accordance with

Judical Cannon 2 as well as she was the presiding judge who among other abuses had

ex parte communications and rendered and certified a fraudulent Judgment and

Conviction into this Honorable Court. Canon 2 states: (A) A judge should respect and·

comply with the law and should conduct himself or herself in a manner that promotes

public confidence in the ·integrity and impartiality of the judiciary. (B). A judge should

not allow family, social, or other relationships to influence his or her judicial conduct

or judgment. Ajudge should not lend the prestige of his or her office to advance the

private interests of himself or herself or others; nor should he or she convey or permit

others to convey the impression that they are in a special position to

influence him. or her. A judge should not testify voluntarily in an adjudicative

proceeding as a character witness.

The Record provided by Pate in his Writ of Mandamus will reflect that .

Judge.Janna K. Whately was aware that the indictment was fatally defective rendering

incomplete jurisdiction or authority over the matter of the offense of Murder charged

and the personal authority over Pate and yet she allowed the State to bring Pate to trial

and failed to excuse the jury and Pate upon that awareness. She further held ex parte

communication in a pretrial hearing for the co defendant Christopher Hall and allowed

the District Clerk to enter upon Pate's Criminal Docket Sheet that he had announced

4.
 Ready for trial when in fact he was not before the Court at that proceeding was not

aware of the proceeding at the time and did not announce Ready.

Judge Whately was also aware that Pate had a pending Motion for Severance before the

pre trial court when she allowed the trial to go forward . She was also aware that at a

pretrial hearing for the co defendant Christopher Hall that Judge Joel.Johnson had

separated the trials of Pate and Hall and yet proceeded to a joint trial with Pate and Hall.

This same kind of abuse and violation of Pate's due process was continued throughout

Pate's jury trial and the Record will reflect same. Once the Jury returned a Guilty

verdict against Pate for which there was no evidence presented by the state for

· conviction, Judge Whately did not order the jury to acquit Pate and instead rendered

the illegally obtained Judgment and Conviction and certified and filed same fraudulent

Judgment into both this Court, and the 13th Court of Appeals.

It will become evident upon the reading of the Writ of Mandamus that under the facts

and law applicable to Pate's Jury Trial Case# A-08-5080-4CR presided over by the

Respondent Janna K. Whately that she lost jurisdiction to proceed to trial and had no

authority to enter a Judgment and Conviction but rather her only authorization was to

order the jury to acquit and or order the ·dismissal of the indictment and the jury.

Judge Whately had no discretion to continue to a trial,.or a Judgment and Conviction or

to enter a Fraudulent Judgment of Proceedings and certify them to the Courts of

Appeals.

Because Judge Whately and Officer's of the Court violated Pate's Constitutional Due
5.
Process rights under both the U. S. and Texas Constitutions and because She and

Officer's of the Court participated in a fraudulent scheme to illegally convict Pate her .·

only authorization was a ministerial act and not discretionary to Order an Acquittal,

Dismiss the Indictment , Pate and the Jury.

Because the Judgment rendered and entered by Judge Janna Whately is Void, it is a

ministerial act of this court to issue the relief sought in this Motion and The Writ of

Mandamus. See Void Judgment Bill of Review and Procedural Due Process in

Texas, 40 Baylor L. Rev. 367, 378-79 (1988) See Thomas, 906 S W 2d at 262

(holding that trial court has not only power but duty t~ vacate a void judgment) A

judgment is void only when it is clear that the court rendering judgment ~ad no

jurisdiction to render judgment or no capacity to act as a court. When appeal' is taken

from a void judgment, the appellate court must declare the judgment void. Pate's right

to be ~eard, notice and a fair and impartial trial are demanded by Johnson v. Zerbst 304

U.S. 458 Supreme Court 1938 showing: If the constitutional rights of the defendant

are not complied with the court no longer has jurisdiction to proceed and one

imprisoned thereunder may obtain release. See also: 15 Tex. Jur 2d 50 pp 475-477

showing: judicial action without jurisdiction is void; where the court is without

jurisdiction it has no authority to render any judgment other than one of dismissal.

Garcia v. Dial 596 S W 2d 524 Tex. Court of Criminal Appeals.

This Court found the following in Garcia v. Dial 596 S W 2d 524 Tex. Court of

Criminal Appeals; The only proper order that the trial court judge could enter was
6.
that of dismissing the indictment because the judge had issued a Void Order reinstating

the indictment after he had lost jurisdiction. This Court granted the Motion for

Mandamus and issued an order to the Judge to Set Aside the void order and to dismiss

the cause.

Pate's circumstances are similar but the violations by his Trial Court are extensive, it is

not simply an Order that is void. It is a Judgment of Conviction that is void. A Judgment

under which Pate has been illegally imprisoned for over 7 years. A void and fraudulent

judgment of the proceedings. Not only did the trial court violate Pate's due process rights

at his jury trial, Judge Whately submitted a Fraudulent Judgment with fraudulent
'

proceedings and failed to include legitimate proceedings upon which The 13th Court of

Appeals relied to determine and deny his appeal. It was that same record that this court

would rely when denying Pate's Writ of Habeas Corpus.

The Supreme Court, speaking through Folley, Commissioner, in Bridgman v. Moore, 143 Tex. 250, 183
S. W.2d 705, at page 707, said: "The .court has not only the power but the duty to vacate the inadvertent
entry of a void judgment at any time, either during the term or after the term, with or without a motion
therefore." We will not extend this discussion further than to state that we here reaffirm the holding on the
point involved as announced by Justice Hightower in the former appeal (301 S.W.2d 181). While this
holding was premature in view of the action of the Supreme Court (304.S.W.2d 265) reversing our holding,
it was not upon the points discussed in Justice Hightower's opinion, but was on the point that since the
judgment appealed from was an interlocutory one and not final, the appeal should be dismissed. However,
we think our holding then is now appropriate. A void judgment has been termed mere waste paper, an
absolute nullity; and all acts performed under it are also nullities

Because the Trial Court Judgment is void both The 13th Court of Appeals Judgment

and this Courts Judgments are also void.

Pate has supported all of the complaints of the violations of his due process rights, the

7.
trial court's fraud on the court and on Pate, the illegal proceedings and concealment of

them and the Fraudulent Certified Proceedings to the Courts of Appeals by competent

evidence from the Record bf the trial Court. It is readilyapparent upon the face of the

Record that the Judgment in cause no. A-08-5080-4CR for which Pate is illegally

convicted and imprisoned is Void. See Where a void judgment has been rendered and

the record in the cause, or judgment roll, reflects the vice then the court has not only the

power but the duty and even after the expiration of the term to set aside such judgment.

Harrison v. Whiteley, Tex./com App. 6 S W 2d 89.

Any delay in deciding this Motion for Leave To File Emergency Motion for

Mandamus continues the violation of Pate's due process to his liberty.

8.
 PRAYER

Where ore premises considered, Realtor Chadrick B. Pate prays for Emergency

Mand mus Relief frqm each and singular of all issues presented in this Emergency

Motio for Relief and the simultaneously filed Writ of Mandamus.

Those issues include immediate decision on Pate's Writ of Mandamus, recusal of Judge

. Whately and District Attorney Michael Wellborn from filing a Response and

onorable Court is unable to provide the relief requested based on the competent

evide ce supplied by Pate in The Writ of Mandamus that a Special Magistrate be

appoi ted for a proper impartial response.

Also at this Honorable Court issue Immediate Orders Reversing The Trial Courts

illegal Judgment of Conviction, Dismiss Indictment , Issue Immediate Order of

Acqui al and an Order to immediately Discharge Pate from his illegal incarceration in

the cu todyofThe Texas Department of Criminal Justice, and any other relief that this

Honor ble Court finds that is legally due and available to Pate.

R:specVJ;ubmitted,
Realtor Cha rtc ate pro se #1563340
3060 FM 3514
Beaumont, Texas 77705
 CERTIFICATE OF SERVICE

I. Chadrick Pate hereby certify and swear under penalty of perjury that a true and
correct copy of the foregoing Realtor's Writ of Mandamus from A Void Final Felony
Judgment and Conviction and Emergency Motion was mailed to The District Attorney
for Aransas County, Texas and to Honorable Janna K. Whatley, Judge 36th District
Court Aransas County, on the 1&-Inday of Sept , 2015. The Original Writ of Mandamus
from a Void Final Felony Judgment and Conviction and Emergency Motion will be
hand delivered by Nema Bardin who is my Power of Attorney on or about the Jt..~ay of
Sept. 2015.

Realtor Chadrick Pate #1563340
3060 FM3514
Beaumont,Texas 77705

CERTIFICATION Trap 52.3

I, Chadrick Pate do hereby certify under penalty of perjury that the foregoing Writ of
Mandamus from a Void Judgment and Conviction and Emergency Motion that each
and every factual statement in this petition is supported by competent evidence in the
appendix or the record. ~ fak
Realtor Chadrick Pate pro se #1566340
3060 FM 3514
Beaumont, Texas 77705

NOTARIZED CERTIFICATION

State of Texas : ··· ~
County of 0t.-£MuY\
Chadrick Pate # 1563340, personally appeared before me, and being first duly sworn declared that, he/she
signed this application in the capacity designated, if any, and further states that he/she has read the above
application and the statements there in contained are true. ~ . lP
h·Q~ ~t!R._
Notary Public

STEPHANIE LUTE
Notary Public, State of Te~~s ·
My Commission Expir!='S
. 03/03/2018

Notary without Bond
 THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

ALTORPROSE
C ADRICK PATE #1563340
30 OFM3514
B AUMONT, TEXAS 77705

In R: FROM CAUSE NO. A-08-5080-4CR4CR
CH RICK B PATE #01563340 THE DISTRICT COURT 36TH JUDI CAL
REALTOR DISTRICT ARANSAS COUNTY, TEXAS

vs.
JAN AK. WHATELYTRIALJUDGE
STA: E OF TEXAS

REALTOR'S OATH
OTION FOR LEAVE TO FILE WRIT OF MANDAMUS FROM A VOID
INAL FELONY JUDGMENT AND CONVICTION AND EMERGENCY
M TION FOR RELIEF PURSUANT TO WRIT OF MANDAMUS FROM A
VOID FINAL FELONY JUDGMENT AND CONVICTION

STAT OF TEXAS
COU TY OF JEFFERSON

I CH DRICK PATE# 1563340, being duly sworn, under oath says" I am the
RE OR in this matter and I know the contents of the above "MOTION FOR LEAVE
TO FI E WRIT OF MANDAMUS FROM A VOID FINAL FELONY JUDGMENT
AND ONVICTION AND EMERGENCY MOTION FOR RELIEF PURSUANT TO
WIRT OF MANDAMUS FROM A VOID FINAL FELONY JUDGMENT AND
~- ICTION. , and according to my belief, the f~X'C'c(,bruments are

Chadrick Pate #156~340

Subsc "bed and Sworn To Before me on, the ·. :d rc trn.e::1 t t.o go wherever the items are.

MR. TURPEN: Okay.
,.... ..
~i.
~

THE COURT: Motion to require State to reveal
23 agreement. In other words, that is the deal. This is the

24 ..:1.'J~~s··'2n\enT~ with whom?

.~~)L t"'lR.. RODR.IC..UEZ: The codefendants, and that's
- ::::.;-+
--·---------------~----------..J
Scanned Ja1n 26~ 2012 7
Fr:e.t.r ial flea r i nq
l.I-25-08 .

basically a public record now since they went ahead and
1

entered their pleas.
..-- -------=-
2
r---·· -~
3 MR. TURPE_!!;' I have been told they have -- they

4

5

6
me.
----
have it i.n each one of their files. That is sufficient for

He said it was the same deal for each codefendant; is

that correct?

7 MR. · RODRIG'tlEZ: Yes. Each one received the same

8 plea offer.
9 THE COURT: So basically no objection to it.

10

11
-
It's granted, and I would just simply indicate see
~odefendants' plea bargains.
.---
12 MR. TURPEN: Yes, sir.
13 THE COURT: And they are a public record.

14 M.R. RODRIGUEZ: Just awaiting sentencing at this
. ---==;
15 point.
~
s~~?'
16 ~MR. TURPEN: I understand.

17 rHE COURT: This is one of the group that I
J8 accepted the plea bargain on?
. .,
1Q MR. RODRIGUEZ: That's correct, your Honor.
20 THE COURT: That we're waiting to get sentenced.
2"!

22

n
-
Okay.

What is this mo-:.ion tc instruct

to .refrain from racial disct'irninati·!)n in the exer.cise of
St<=~te • s d·ttorney

24 peremptory s~xikes?

.... 2S MR. ROD.:-<.IGUEZ.:

'( - - - - - - - - - - - - 1
It's kind of like that

LlSA T:JCKE.R !U.LEY, CSP., RP?:
Scanned Jan 26, 2012 8
f'r.et..rial Hearing
ll-25-()8

1 preemptive Batson.

2 THE COURT: I don't think

3 MR. RODRIGUEZ: I --

4 THE COURT: the Court needs to grant any

5 motion in that regards. That is the law.

6 MR. TURPEN:. I understand, Judge. I have talked

7 to the State about it, but th:i.s case involves or at least the

a allegations are that Mr. Hall is involved with a gang that is

9 probably known for racial epithets and things that I just
10 wanted to preclude that from even coming up.

11 THE COURT: That' s a Batson.

12 MR. TURPEN: Here in Rockport·! don't think it

13 will any way.
14 THE COURT: That is a Batson issue at time of

15 trial.

16 MR. TURPEN: Yes, sir.

17 THE COURT: And the State will always be

: 20 THE COURT: Although I don't think it's

: 21 necessary, and you'll be ordered not to do that.

: 22 MR. RODRIGUEZ: Yes, your Honor.

23 THE COURT: And they'll --
24 MR. RODRIGUEZ: And I ' l l refrain from doing

25 '~t-h_a_t_·-------~~----------------------------------·------------~1
l..ISJ!. T

111 the rules and according to the Court's schedu.le, we're going

:12 Ito object. I'm not going to be surprised if the Court goes
ahead and has a hearing however long it takes anyway, but, you
.11 know, we're just at the mercy of the Court or at the pleasure
i15 of the Court. Let me put it that way.

i16 THE COURT: Who needs to be witnessed? I mean,

17 who is supposed to be the witness on this? You're talking
:18 about five minutes. The.r:e is no way you can do it in one

!19 witness in five minutes.

MR. TURPEN: Well, you have got Officer Brooks

21 and one of the officers, probably Matt Baird.
THE COURT: Is that right? Do you know?

23 MR. FL&VIGAN: You know, Judge, I have no idea.

24 I got this about three minutes before I walked into court to

deal with the schedules of th!s matter.
I
~------------------------------------~
l,ISA TUCKEP. RILEY, CSR, RPR
...·.
.(.

Scanned Jan 26, 2012 8
Prerr~al Hea:inq
2-·5-G.~

1 THE COURT: Okay. All right.

2 MR. FLJlNIGAN: So

3 THE COURT: You need to figure out who i t is and
4 I want to know how much time and when it is going to be done
5 then. Okay? I need to know who the witnesses are so we can
6 get them here to deal with it.
1' MR. FLANIGAN: I assume that they'll be here any
8 way, Judge. They'll be available.
9 MR. TURPEN: They are on his witness list.
110 TRE COURT: Okay. Just make sure they .are.
:11 Okay.
~12 MR. TURPEN: Judge, I think the Court needs
13 me -- well, I usu~lly try to file these things in a timely
14 manner. 'rhis is one of those situations where I have qot new
:15 information. Granted if I could have gotten on top of it the
:16 first week in January when it was handed to m~, that would
ll7 have probably been a better situation, but that's not the way
il8 it happened.

:19 THE COURT: Okay. What else?
MR. TURPEN: Other than that I would ask that
;:21 the Da bert challenge be taken up. Other than those two
~22 issues we're waiting, to qo to trial.

23 I have checked with my client he has also told
. 2!1 JllP. :t.hat....hi.s .mot.b.e.r,. .who .is pr.e>..se..n.t. :t.oday,. t.ba.t :t.bey .MY£'

:25 brought him clothing to the jail. He has not been able to
Scanned Jam 26, 2012 9
--~'X:etrial Hea.r:i.nq
2--.5-0:-J

1 even look at the clothing yet, and I'm sure there .is some --

2 THE COURT: He won't. They'll put it on him.

3 They have got it. I'm sure all -- like all th~ other jails,
q t!":ey ha•;-e it.

s THE OFFICER: They' 11 dress him aut Monday

6 morning.
"7 MR. TURPEN: That is my request, Judge, is to at

3 least have him try on the clothes before trial, because if

9 they need to be altered --

10 THE COURT: I'm not in charg~ of the jail,

l:i Mr. Turpen. I'm sorry. You'll have to talk to somebody else

-
J..2 about that. Okay? We're having a meeting at 3 o'clock, but

J < you're asking things of me to do that 1 have no control over.

14 MR. TURPEN: I ' l l certainly address that with

15 the sheriff.
1<5 THE COURT: What else?

J -j MR. TURPEN: That's all I can think of, Judge.
1B THE COURT: Okay. Who is doing punishment?

19 MR. TURPEN: Ma'am?

20 THE COURT: Who is doing punishment?

21 MR. TURPEN: I have to talk to my client. He

22 has still not decided yet.

23 THE COURT: Before 9 o'clock it must be filed.
?:.1 MR. TURPEN: I understand, Judge.

2S THE COURT: Mr. Gilmore?

L
 ..
Scanned Jan 26, 2012
Pret.r.ial Hearing
2--5·-09

1 MEL GILMORE: ... think '•Je're going i:o jury for

2 punishment.

3 THE COURT: File your election before 9 o'clock.
4 MR. GILMORE: Okay.

5 THE COURT: All right.

6 (Another case called for announcement)

7 MR. TURPEN: Yes. Judge, announcement on

8 punishment, I'm pretty sure it will probably be the jury
9 because we did discuss that at the jail yesterday evening,

10 but

11 THE COURT: Okay. If you-all don't tell me now

12 otherwise i t defaults to me. When I start at 9 o'clock Monday
13 morning i~ goes to the judge. I have to stop it because I

14 can't get anybody moving on this stuff, and I have one person

15 that has done it today. ------------------------
16 All right. - -~~er one is Hall and Pat~
l.7 Number two is Barns, subject to Mr. Roger's
18 availability, three is Ramirez, four is Moreno, five is

19 Satterlee, six is Campos, and I have down seven and eight for

20 Moreno, but I know we won't try both of them.

21 MR. FLANIGAN: Which Moreno are you speaking

22 about?

THE COURT: Ramiro. I'm sorry. I'm looking at
24 Moreno. Instead I wrote them down seven and eight. Then nine

25 and ten, last two, Chupe and Soliz.

LISA TUC.KER RILEY,, CSR, RPR
 ..
Scanned Jan 26, 2012 11
Pretrial Hearina
2-5-Q9 -

1

2 THE COURT: Okay.

3 (End of proceedings)
4

5
6

7

8

9

:. 10

12
13

14

16

.I.?

: 18

20

23

24 +

L__
25

·-·-----·-------------...1
LISA TUCf\ER RILF.:Y, CSR. .RPR
..
'

. --
Scanned Jam 26, 2012 12

l S'I!A'l'E OF TEXAS

2 COON'l'Y OF ARANSAS

3 I, LISA TUCKER RILEY, Official Deputy Court Reporter
4 in and for the 36th District court of Aransas, State of Texas,

5 do hereby certify that the above and foregoing contains a true
6 and correct transcrip·tion of a.ll portions of evidence and

7 other proceedings .requested in writing by counsel for the

B parties to be included in this volume of the Reporter's Record

9 in the above-styled and numbered cause, all of which occurred
10 in open court or in chambers and were repo.rted by me.

ll I further certify that this Reporter's Record of. the
1.2 proceedings truly and correctly reflects the exhibits, if any,

13 offered by the respective parties.

14 I further certify that the total cost for the

17 WITNESS MY OF~ICIAL HAND on this, the 21st day of July,
18 201.1.

19

20
LISA TUCKER .RILEY I
21 Texas CSR #3895
Official Deputy Court
22 P.O. Box 700
Sin~nn. TPx~~ 7R~R7

25 l~--~------------------ I,ISA TUCKER RILEY, CSF,, RFR
 APPENDIX EXIDBIT # 4

HALL'S CRIMINAL DOCKET SHEET .
 ~(t:~ ~ Extla:'
I .
~
d{. ~
-
(
NUMBER OF CASE

~ ./)/·5t>8{).J-~;t!..
CRIMINA( DOCKET
STYLE OF CASE

STATE 01' TEXAS . a- . A
ATTORNEYS

_5_,_. STATE .""».
OFFENSE

~. )
I
CASE NO. ~ . 1/p .,.~~...
~·.:;/"

OATE OF FILING ~
Moadl I P,.y T Yea;-"

6. l~c/l~&
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~

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f}l
*i=" .... ' d ri!l';. rtl"/~..... lnfHmatlon, lndell or liY
hldietraeat ..,
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TBB STATE OF TEXAS
,*
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vs. •
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*
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12 ORIGINAL RECEIVED IN
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13
AUG 10 2011
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Louise Pearson, Clerk

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 case 2:12-cv-00093 Document 11-8 Filed in TXSD on 06112/12 Page 3 of 66 ex_ tf 9-
Scanned Jan 26, 2012

CAUSE NO. A-08-5080-2-CR(HC3)

EX PARTE: ( IN THE DISTRICI' COURT

) 36TH JUDICIAL DISTRICT

CHRISTOPHER JOSEPH HALL ( ARANSAS COUNTY

INDEX

Order from Court of Criminal Appeals ....................................... .
Conespondence to Judge and District Attorney ................................ . 4
Order Appointing Attorney .............. , ................................. .
Order from District Court Judge Janna K. Whatley ................... : .......... . 6
.~J- ·...... w '""' ...:; v I:A i.f .
....

:·::::~::f ~~~i;:~ -~~~ -~~~~r·~~~:~~t~~~ ~~~~; $J~, :c: ~: {i ·>!~ i. :::::::::::: .
'rJi;(~r: v~~:.~j.tir...at,im,.~ ~m.t:DJ•. l(l.Jl_.~+J..:~1- ... (}x;~_v:~... ... ... ... ............. ... .
8
11
t7
Receipt for Capias and Precept from Sheriff Department_ . .::;
,_....,_, "ll'l= fl.·- -.- ~
·.····-' '' [~00:
MICHAEL E. WELBORN n:.t>_} rr. ••. q., '"'-·· ....
,..,~
..~t·~)... District Judge
t··~ ~\
~; ,7'l'(, ooi 36TH Judicial District ·- 0'2·4'/'F·
~R-.7~~8 at~ o'clock M. by arresting the within named
CJ,.ulrick 6. fm< at IJC()C in
tKoc;...l'poq· , Texas, and taki~nd, which is herewith returned, placing
CHADRICK B. PATE in the County jail of ~ITS County, Texas.

-----~-R_l<._G'_\.\.:_~~----- Sheriff/Constable
A.fanlas
----~~--~----County, Texas

. .· · :;0~':,:;.,,,
By:
~ PENIC?f,l'.~'.;:
CIVIL PROCESSOR
•recept

RETURN
edoc Technologies, Inc. Austin, Tx

THE STATE OF TEXAS 36TH DISTRICT COURT

VS ARANSAS COUNTY, TEXAS

CHADRICK B. PATE DOCKET NO. A-08-5080-4-CR

SS: XXX-XX-XXXX
DOB: 03/26/1976
L/K/A: ARANSAS COUNTY JAIL,
,TX

PRECEPT TO SERVE COPY OF INDICTMENT

YOU ARE -HEREBY COMMANDED to deliver forthwith to CHADRICK B. PATE, the
accompanying certified Copy of Indictment in Cause No. A-08-5080-4-CR, THE STATE OF TEXAS
vs. CHADRICK B. PATE, now pending in the 36TH DISTRICT COURT of ARANSAS County,
Texas, and to make due return of this writ without delay.

Issued and given under my hand and seal of Office, this 25th day of June, 2008.

PAM HEARD, Clerk of the 36TH DISTRICT COURT

By: ~ ,Deputy

SHERIFF'S RETURN

Came to hand on the L- ~day o~c
,c;;;!j_ at ~clock 'fJ
.M., and executed
by delivering to the within named d~;nt, CHADRICK B. PATE, in person, a certified copy of
the i ictment mentioned within, and delivered to me with this writ, on the day of C?.r
Jlh( 'a:t8.
Returned on the 2)" d~y of_.....,~,__/Vn'
_ _ _ _ _ _ _,Aae
__. :·,;__i_

------I,WAAu=R~.a.K-liiGL!::lL::;LI~A~_-_ _ _ Sheriff

----------~Al=m~~--~--------County

By:
······-·- -··---· :-· ··········--·-···-···-·
' ~ ; .. .. .
;
·.,.···.

crprecsv .rcr
John GJrnore Attomey At Law
Deanna M. King Patricia T: Gilmore
Legal Assistant Business Manager ·

June 26, 2008

Mrs. Pam Heard
District Clerk
Aransas County Couqhouse
300 N. Live Oak Street
Rockport, Texas78382

Re: The State of Texas vs. Chad Pate
Cause No.: A-08-5080-4CR

Dear Mrs. Heard:

Please be advised that our office represents Chad Pa,te in the above-referenced cause. Also,
please find enclosed a waiver of arraignment. Please file it in your official records and bring
it to the attention of the Court.

If you need anything further, please do not hesitate to contact our office.

Thank you.

Enclosure

. 622 S. Tancahua *Corpus Christi, TX 78401 * 361-882-4378 * 361-882-3635 fax
 Cause No. A-08-5080-4CR

THE STATE OF TEXAS * IN THE DISTRICT COURT

vs. * .361b JUDICIAL DISTRICT

. CHADPATE * ARANSAS COUNTY, TEXAS

WAIVEROF~GNMENT

NOW COMES the Defendant, Chad Pate, by. and through his attorney of

record, John Gilmore and respectfully:

1. Enters a plea of not guilty to the information in the above-captioned case.

2. Requests a pretrial and jury trial in the above-captioned case.

3. Waives the right to be present at arraignment in this case.

4. States that John Gilmore has been retained to be his attorney of record in this case

and that he has consulted with said attorney.
 Case 4:13-cv-00709 Document 5-13 Filed in TXSD on 05/17/13 Page 11 of 60

· Cause No. A-08-S080-4CR

THE STATE OF TEXAS * IN THE DISTRICT COURT

vs. • . 361111 JUDICIAL DISTRICT

CHAD PATE • ARANSAS COUNTY, TEXAS

WAIVER OF ARRAIGNMENT

NOW COMES the Defendant, Chad Pate, by and through his attorney of

record, John Gilmore and respectfully:

1. Enters a plea of not guilty to the information in the above-captioned case.

2. Requests a pretrial and jury trial in the abov~ptioned case.

3. Waives the right to be present at arraignment in this case.

4. States that John Gilmore has been retained to be his attorney of record in this case

and that he has consulted with said attorney.

622 South Tancahua!P. 0. Box 276
Corpus Christi, Texas 78401
(361) 882-4378 FAX (361) 882-4378
ATTORNEY FOR DEFENDANT
BAR NO. 07958500

.,>r· ! •

/~
 '·

CAUSE NO. A-08-5080-4CR

THE STATE OF TEXAS * IN THE DISTRICT COURT

vs. * 36TH JUDICIAL DISTRICT

CHAD PATE * ARANSASCOUNTY,TEXAS

MOTION TO REDUCE BOND

TO THE HONORABLE WDGE OF SAID COURT:

Chad Pate, Defendant, moves the Court to reduce bond in the above-

referenced case, and as grounds therefore shows the following: "'

1.

The defendant is being held in the Aransas County Jail for the offense of Murder. The

bond is set at $500,000.00.

This amount is unreasonable and Defendant is not able to make said bond.

2.

The Defendant has not failed to appear for any court setting and isn't a flight risk.

3.

Defendant has the ability to make a bond of $25,000.00.

WHEREFORE, PREMISES CONSIDERED, Defendant prays the Court grant this Motion to

Reduce Bond and that the bail in this case be reduced to $25,000.00.

Respectfully submitted,

Corpus Christi, Texas 78401
ATTORNEY FOR DEFENDANT
(361) 882-4378 Fax: (361) 882-3635
Bar# 07958500
 CAUSE NO. A-08-5080-4CR

THE STATE OF TEXAS * IN THE DISTRICT COURT

vs. * 36m JUDICIAL DISTRICT

CHAD PATE * ARANSAS COUNTY, TEXAS

CERTJFICATE OF SERVICE

I, John Gilmore, do hereby certify that a true and correct copy of the foregoing Motion To

Reduce Bond has been served on the Office of the District Attorney, Aransas County Courthouse,

Rockport, Texas 78382 this the _ _ day of, July 2008.

rM~
\./.JOHN GiLMORE
 CAUSE NO. A-08-5080-4CR

THE STATE OF TEXAS * IN THE DISTRICT COURT

vs. * 36TH JUDICIAL DISTRICT

CHAD PATE * ARANSAS COUNTY, TEXAS

ORDER

The Court, having considered Defendant's Motion to Reduce bond is ofthe opinion that

said motion be GRANTED/DENIED;.

The Court therefore ORDERS Defendant be released on the posting of a surety bond in

the amount of$
--------------~------------

SIGNED this _ _ _ _ day of _ _ _ _ _ _ _ _ _ _ _ _ , 2008.

JUDGE PRESIDING
 /0
CAUSE NO. A-08-50SS'-4CR
***********
THE STATE OF TEXAS VS. CHADRICK PATE
***********
IN THE 36tb DISTRICT COURT OF
ARANSAS COUNTY, TEXAS

DEFENDANT'S MOTION TO REVEAL THE DEAL

TO TIIE HONORABLE JUDGE OF SAID COURT:

COMES NOW Chadrick Pate, Defendant in the above-entitled and-numbered

cause and moves the Court to require prosecution to reveal any agreement with any

witness in the nature of concession by the State to the witness which could influence the

witness' testimony, and in support of this Motion would show unto the Court the

following:

I.

The witness is a so-called confidential informant in the offense with which the
'

Defendant is charged. It is expected that the witness will testifY on direct examination as

a key prosecution witness and his testimony seeks to inculpate and implicate the

Defendant as having engaged in the criminal conduct alleged herein.

II.

If the prosecution has either made, promised or implied that it will make

concessions to the witness in order to induce his testimony, the defense has the right to

know the nature of the concessions that have been made, promised or implied to the

witness in any discussions which the prosecution has had with the witness or his

¢;.. day of
FI~O 200 onsible, regardless of whether he has previously been charged with or finally

convicted of the crime or act.. .. "
A~~~~'CWck~
Pam Heard, District Clerk
D:0ourt, ransas Co., Texas j
By Ooputy ~

1
 Article 37.07, Sec. 3(g) provides in part as follows:

"(g) On timely request of the defendant, notice of intent to introduce evidence under this

article shall be given in the same manner required by Rule 404(b), Texas Rules of Criminal

Evidence. If the attorney representing the State intends to introduce an extraneous crime or bad act

that has not resulted in a final conviction in a court of record or a probated or suspended sentence,

notice of that intent is reasonable only if the notice includes the date on which and the county in

which the alleged crime or bad act occured and the name of the alleged victim of the crime or bad

act."

Defendant herein specifically requests the Court under Article 37.07, Sec. 3(g), Texas Code

of Criminal Procedure, and Rule 404(b), Texas Rules of Criminal Evidence, to order the State to

give notice of its intention to introduce such evidence, if any, with specific crime(s) or bad act( s) set
'
forth, giving the date on which and the county in which the alleged crime or bad act occurred and

the name of the alleged victim ofthe crime or bad act, and any punishment received for same, at least

thirty (30) days prior to the trial on the merits of this case. This information is necessary to preserve

Defendant's right to effective assistance of counsel and his right to a fair trial, guaranteed by the

Fifth, Sixth, and Fourteenth Amendments to the United States Constitution, Article I, Sections 10

and 19 ofthe Texas Constitution, and Articles 1.04, 1.05, and 1.05l(a) of the Texas Code of

Criminal Procedure.

Wherefore, premises considered, Defendant requests this Honorable Court grant this

Motion directing the Prosecuting Attorney to provide Defendant and his Counsel the information
requested herein, and further grant Defendant any and all such relief to which he may be entitled.

Respectfully Submitted,

~(~
John Gihnore
622 South Tancahua
Corpus Christi, Texas 78401
(361) 882-4378; Fax: (361) 882-3635
STATE BAR# 07958500; ADM # 18181

CERTIFICATE OF SERVICE

As Attorney of Record for Defendant, I do hereby Certify that a true and correct copy of the

above and foregoing document was this date provided to the Attorney for the State.

John Gilmore
 · Case 4:13-cv-00709 DocL:Jment 5-13 Filed in TXSD on 05/17/13 Page 22 of.60
,.

CAUSE NO. A-08-5080-4CR
***********
THE STATE OF TEXAS VS. CHADRICK PATE
***********
IN THE 36t11 DISTRICT COURT OF
ARANSAS COUNTY, TEXAS

MOTION TO PROIDRIT STATE FRQM ATTEMPTING TO INTRODUCE
STATEMENTS ALLEGEDLY MADE BY THE DEFENDANT
WITHOUT PRIOR BEARING ON ADMISSIBD..ITY

TO TilE HONORABLE ruDGE OF SAID COURT:

NOW COMES the Defendant, Chadrick Pate. by and through his Attorney ofRecord. John

GUmore; in the above entitled and numbered cause and respectfully moves the Court to instruct the

Prosecuting Attorney not to mention or refer to, directly or indirectly, in the presence of the jury and

not to attempt to introduce into evidence any statements allegedly made by Defendant to or in the

presence of any law enforcement official(s) and/or agents, whether written or oral, without first

requesting a hearing outside the presence of the jury to determine the admissibility of said

statements, and for same would show unto the Court the following:

I.

At the time ofvarious conversations with certain law enforcement o:ffi.cial(s) and /or agents,

Defendant was either under arrest or deprived substantially of his freedom.

II.

To require Defendant to object to the admissibility of any such statements in the presence of

the jury would be prejudicial and detrimental to his rights, if it was subsequently determined that

the statements were inadmissible.

III.

Pam Heard, District Clerk
Dist. c.91:'~Jfl~~ .c~~,Texas
By p~ Deputy

cAl
 Case 4:13-cv-00709 Document 5-13 Filed in TXSD on 05/17/13 Page 23 of 60
,.

Constitution, Article I, Sections 10 and 19 of the Texas Constitution, and Articles 1.04, 1.05,

1.051(a), 38.21, 38.22, and 38.23 of the Texas Code of Criminal Procedure.

WHEREFORE, PREMISES CONSIDERED, Defendant respectfully prays that this

Motion be, in all things, granted.

Respectfully Submitted,

.~~6:=-
Jobn Gilmore
622 South Tancahua
Corpus Christi, Texas 78401
(361) 882-4378; Fax: (361) 882-3635
STATE BAR# 07958500; ADM # 18181

CERTIFICATE OF SERVICE

As Attorney ofRecord for Defendant, I do hereby Certify that a true and correct copy of the above

and foregoing document was this dale provided j l:ttomer. r the State.

~~~-
JohnGUmore
 Case 4:13-cv-00709 Document 5-13 Filed in TXSD on 05/17/13 Page 24 of 6q

CAUSE NO. A-08-5080-4CR
***********
THE STATE OF TEXAS VS. CHADRICK PATE
***********
IN THE 36dl DISTRICT COURT OF
ARANSAS COUNTY, TEXAS

MOTION FOR DISCOVERY. PRODUCTION AND
INSPECTION OF EVIDENCE

To the Honorable Judge of Said Court:

Now comes the Defendant, Chadriek Pate, in the above entitled and nwnbered cause, by

and through his Attorney of Record, John GUmore, and would make this Motion for Discovery,

Production and Inspection of Evidence pursuant to Article 39.14, Texas Code of Criminal

Procedure, and in support thereof, would show as follows:

I.

STATEMENTS

The Defendant moves the Court to order the Prosecution to produce and pennit the

inspection of, and copying or photographing of, the following designated items:

1. All confessions, admissions, statements or comments, in writing, signed by the

Defendant, in connection with this offense, or any factually related offense.

Granted: _____:_,/'
_ __

Denied:-..,------
2. All confessions, admissions, statements or comments, oral in nature and set down or

otherwise preserved under Article 38.22 of the Texas Code of Criminal Procedure, made by the

Defendant in connection with this cause, or any factually related offense.

_dii_day of Fl~"
· 20 "Jl
at" I(): It, o'clock~M

Pam Heard, District Clerk

By ;tV r-----
Qlat.~~~~_!·· Texas
~ Deputy
 Case 4:13-cv-00709 Document 5-13 Filed in TXSD on 05/17/l3 Page 25 of 60

Granted: v
Denied: _ _ _ __

3. All oral, written and recorded statements of the Defendant, and any ·memoranda of

such statements made to any investigating officer, law enforcement agency or third party, which

is in the possession of the Prosecution. or any agent thereof.

Granted:----'-/
__

Denied: _ _ _ __

4. All statements of a nature as would be arguably admissible as a "res gestae"

statement, spontaneous statement, or other utterance which the Prosecution intends to introduce

in its case in chief, either during the guilt/innocence stage, or during the punishment stage.

../_--c
Granted: __

Denied:-----

5. All handwritten or typed notes made by any law enforcement officers, agents or

representatives, or any third parties who may be caUed by the Prosecution, which contain any

reference to or content of any oral statements uttered by the Defendant and recorded therein,

which may be used either in the case in chief, or as rebuttal evidence, or as impeachment of the

Defendant's evidence.

Granted: ,-/

Denied: _ _ _ __

6. Any statements, written or oral, by the Defendant or any co~Defendant or third party,

which the State intends to introduce or which reasonably may be expected to introduce to show

the existence of any conspiracy or joint conduct, including the date of such statement, the time

and place of such statement, and the method by which such statement contributes to or implicates
 Case 4:13-cv-00709 Document 5-13 Filed in.TXSD on 05/17/13 Page 26 of 60.

the Defendant in such conspiracy or demonstrates culpability as a party to the alleged offense.

Granted: V
Denied: _ _ _ __

REPORTS. STATEMENTS AND RECORDS

7. All hand-written, typed or otherwise recorded notes of police officers who

investigated or participated in the preparation of this case for trial. tfJ.~ M-.A. 'N~
Granted:_../
_ __

Denied: - - - - -

8. The names of all suspects who were interrogated and/or arrested in conjunction with

the investigation of the above and foregoing cause, or the facts which give rise to the above and

foregoing cause, including addresses. phone numbers and physical description of the suspects.

Granted: ./

Denied: _ _ _ __

9. Offense reports, police reports, arrest records, crime scene investigation reports or

records or reports of any third parties, by way of written memoranda, letters, notes or

transcriptions involving the alleged facts of the offense, the crime scene or any location which

may have a bearing on any issue of the case.

Granted: ./

Denied:--~--

OBJECTS AND TANGIBLE TIUNGS

Any and all objects and/or tangible property alleged by the State to have been taken or used by

the Defendant or any co-conspirator during the course of the offense with which the Defendant is

charged, including but not limited to the following:
 Case 4:13-cv-00709 Document 5-13 Filed in TXSD on 05/17/13 Page 2·?""oi (5"Q~-··

""e1

10. All weapons alleged by the State to have been used by the Defendant, any

co-Defendant or co-conspirator, or any decedent. b.f ~
Granted: _./:::....___ _

Denied: _ _ _ __

11. All articles of clothing allegedly belonging to the Defendant, the victim or any

decedent. Ja., ~,.,...~? .. .{-
Granted: /

Denied: _ _ _ __

12. All contraband drugs, controlled substances and/or paraphernalia which was seized

as a result of the investigation of this cause, in order to permit the Defendant to have an

opportunity to examine the same and to have an expert examine, test, and inspect the same. ~~~

v
Granted: - - - - ' ' - - - -

Denied: _ _ __

13. All documents, papers, books, letters, accounts, objects, or tangible things which are

in the possession of the Prosecution, its agent or representative, or any third party subject to the

control or guidance of the Prose~on as a result of the investigation of the Defendant, which are

material and relevant to the case involving the Defendant, either in the guilt/innocence ~e or

the punishment stage.

Omntcd: ./

Denied: - - - - -

14. Any written waiver alleged by the State to have been signed by the Defendant

involving the Defendant's right to counsel, the right to remain silent, or the right to be free from

search and seizure.
 Case 4:13-cv-00709 , Document 5-13. Filed in TXSD on 05/17113 Page 28 of 60

Granted: v
Denied:-----'--

15. Any search warrantor arrest warrant and supporting affidavits thereof used by hiw

enforcement officers to enter the Defendant's residence, vehicle or any secured premises or item

subject to the control of the Defendant, or which is charged to the Defendant under any theory of

possession, ownership or control.

Granted: V
Denied: _ _ _ __

16. Any and all stenographic or telephonic recordings or transcriptions of any electronic

eavesdropping, wiretapping, surveillance or other means of obtaining undercover

communications in the possession of the Prosecution or any agents or representatives thereof,

including any tests, enhancements, or analysis of such recordings, in order to properly allow the

Defendant to test the validity of such matters.

Granted: V"
Denied: _ _ _ __

PHOTOGRAPHS
17. All photographs, drawings, charts, diagrams or sketches made by the Prosecution or

any agent, representative, or officer of the State of Texas, the United States, or any third party

cooperating with the Prosecution, of the crime scene, or any relevant and material aspect of the

case in chief, either in the guilt/innocence stage or puniShment.

Granted: _ _/ _ _

Denied: _ _ _ __

18. Any photographs of any decedent, victim or third party having relevance to the case
 Case 4:13-cv-00709 Document 5-13 Filed in TXSD on 05/17/13 Page 2~fof6o-·---

in question.

Granted: . v'

Denied: _ _ _ __

:e.-in-tlie. possession of the State, but which are

20. All photographs of the Defendant which were used by the State during the

investigation of the case, or any other photographs which were used in conjunction with the

investigation of the case for purposes of identification of the Defendant or any co-Defendant or

co-conspirator.

v
Grunted: -==----

Denied: _ _ _ __

RESULTS OF TESTS

21. All fingerprints, palm prints, foot prints, shoe, tire or other prints made by any

means which are related to the case at bar, and alleged to have some relation to the Defendant,

co- Defendants or co-conspirators or shall be used by the State in trial on the merits of this case.

Granted: /

Denied; - - - - -

22. All test results of any type, inc. udingbut not limited to field sobriety tests, as
 Case 4:13-cv-00709 Document 5-13 Filed in TXSD on 05/17/13 Page 30 of 60

23. All reports of scientific tests, experiments or comparisons, and all reports of any

experts who conducted such tests, experiments or comparisons, together with the name and

address of such experts, including but not limited to weapons, bullets, shots, waddings,

cartridge cases, tool marks, blood, breath, hair, threads, drugs, or controlled substances.

Granted: /

Denied: _ _ _ __

24. All autopsy reports based on an examination of any decedent and/or medical

records of the alleged victim.

Granted:

Denied: _ _ _ __

25. Any .medical or psychiatric reports relating to the.present case, whether of the

Defendant or any witness or yictim.

Granted: /

Denied: _ _ _ __

26. Any evidence of insanity, incompetency or incapacity of the Defendant, the victim

or any third party or a witness having some relation to the present case.

Granted: -/

Denied: - - - - - .

IDENTIFICATION EVIDENCE

27. All photographs made of the Defendant as a part of any line-up, including

photographs of any other persons included in the line-up procedure.

Granted: L
Denied: _ _ _ __
Case 4:13-cv-00709 Document 5-13 Filed in TXSD on 05/17/13 Page 3fof 60

28. The fonn used by law enforcement authorities to identify participants in the

line-up which included the Defendant, including any information available on any other

participants in said line-up.

Granted: /

Denied: _ _ _ __

29. A description of any identification procedures utilized by law enforcement

officers or agents of the State, including the names and addresses of any participants in such

identification process.

Granted: /

Denied:-----,-

PRIOR CRIMINAL RECORD

30. The prior criminal record of the following persons: ,~ e.,.,...-~._

a. The Defendant

Granted: /

Denied: _ __

b. Each co-Defendant

Granted: /

Denied: _ _ __

c. Each co-conspirator

Granted:

Denied: _ _ __

d. Any decedent

Granted: /

Denied: _ _ __
 Case 4:13-cv-00709 Document 5-13 Filed in TXSD on 05/17/13 Page 32 of 60

~ -..,J

e. Any victim or complaining witness

Granted: ,/'

Denied: _ _ __

f. All State's witnesses e.,~~~~~

Granted: /

Denied: _ _ __

II.

In support of the foregoing, Defendant would show the Court that the production of all of

the above evidence is necessary to the effective assistance of counsel. Such matters are in the

possession or under the control of the Prosecution, and are relevant, material and necessary to

the Defense. The items are not privileged and denial of the same would work a denial of a fair

and impartial trial to Defendant Absent such discovery, the Defendant's rights under Article

39.14, Texas Code of Criminal Procedure, Article I, Sections 9, 10 and 19 of the Texas

Constitution, and the Fourth, Fifth, Sixth and Fourteenth Amendments.to the Constitution of the

United States Will be violated, to the irreparable injwy of Defendant. See also Articles 1.04,

1.05, 1.051 and 1.06, Texas Code ofCriminal Procedure, and Brady v. Maryland, 373 U.S. 83

(1963).

Wherefore, premises eonsldered, the Defendant respectfully prays that this Honorable

Court grant this Motion for Discovery, Inspection, Production and Inspection of Evidence in all

things, or in the alternative, that this Court will set this matter down for hearing, and that after
 Case 4:13-cv-00709 Document 5-13 Filed in TXSD on 05/17/13 Page 33 of 60

such hearing, that the Court grant such discovery in all things.

Respectfully Submitted,

JOHNGIILMO
622 South Tancahua
Corpus Christi, Texas 78401
(361) 882-4378; Fax: (361) 882-3635
STATE BAR# 07958500; ADM# 18181

CERTIFICATE OF SERVICE

. As Attorney of Record for Defendant, I do hereby Certify that a true and correct copy of the

above and foregoing dooument was Ibis date·~ Attorney fur the State.

JOHN GILM•G&=I--t-E-·------
 CAUSE NO. A-08-5080-4CR
***********
THE STATE OF TEXAS VS. CHADRICK PATE
***********
IN THE 36'b DISTRICT COURT OF
ARNANSAS COUNTY, TEXAS

ORDER

BE IT REMEMBERED, that on the _ _ day of _ _ _ _ _ _ _, 2008, came on to

be considered the above and foregoing Rule 404(b) Request for Notice of Intent to Offer Extraneous

Conduct by Defendant. After consideration of the same, it is the opinion of the Court that

Defendant's Motion be:

0 GRANTED.

( ) DENIED, to which ruling the Defendant excepts.

( ) SET FOR HEARING ON THE _ _ day of _ _ _ _ _ _ __.

2008, at o'clock

SIGNED:
 CAUSE NO. A-08-SOS8-4CR
***********
THE STATE OF TEXAS VS. CHADRICK PATE
***********
IN THE 36*b DISTRICT COURT OF
ARANSAS COUNTY, TEXAS

ORDER

BE IT REMEMBERED that the foregoing Motion to Reveal the Deal was

presented to the Court on theM_ day of _ _ J_v~'fr-------, 2008, and
it is therefore, ORDERED that the Motion is hereby GRANTED~IED.

DONE AND ENTERED this the L~ day of J YrJ 2008.

~on~ -Gha;t£ /
~PRESIDING """Y

35
 Case 4:13-cv-00709 Document 5-13 Filed in TXSD on 05/17/13 Page 37 of 60

~··

THIE STATE OF TEXAS • IN THE DISTRICT COURT
vs:. • .36th JUDICIAL DISTRICT
CHAPRICK PATE • ARANSAS COUNTY, TEXAS

MOTIOJ'!-~~.ENDANT·awfjiATE:
FO.ft~___:~OYO____:._~

TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES the Defendant, Chadrick Pate, by and through his attorney John
Gilmore, and respectfully moves this Court for an on1er severing the offenses charged
agsrlnst this Defendantin the indictment herein from the offenses charged the co-
defendants and for a separate trial thereon, on the grounds that this Defendant is by the
joil111der herein and for good cause would respectfully show WJ.to the Court as follows:
I.
Defendant believes that there are previous admissible against the co-defendants
in fhis case.
t;
i
II.
Further, we believe that there will be conflicts in the defenses of this Defendant
andl the cCHiefendants which will be prejudicial to Defendant if they are tried together.
Ill.
A joint trial of Defendant and his co-defendants poses a security riSk to Defendant
and to trial participants and spectators.
WBEUFORE, Defendant respectfully prays that this Honorable Coun sever him
fronn the co-defendant indicted herein and order ·a separate trial of the charges against
him from the offenses charged the co-defendants and· for such other and further relief as
this Honorable Court may deem just and proper.

,.;
l
 ,-,
......

· ··case 4:13-c:V.:06709 Document 5-13 Fil~d in TXSD on 05/17/13 Page 38 of 60

]~·~·· ~·'~,
' ·•····•··•··•··

CERTIJ'ICAIE OF SER\?;CE
I, John Gilmore, do hereby certify that a true and correct copy of the foregoing Motion
of Defendant Chadrick Pate for Severance of Defendants bas been served on Aransas
Co·unty District Attomey~s Office, Nueces County" Cowthouse, 301 N. Live Oak Street,
JIDclq.1orlr Texas an this ~4 atJuly .. 2DP,8.. . .. . .

~
.. ... . . . . .. ~ '

. ' .. .. · .
.• ..

··. :
.·' . •':
. ··.
·.

·uPtl.·~

.' .

...

~1
 Case 4:13-cv-00709 Document 5-13 Filed in TXSD on 05/17/13 Page 39 of 60

SC)go-4-
cAusE NO. A-08~-4CR

THE STATE OF TEXAS • IN THE DISTRICT COURT

vs. • 36TH JUDICIAL DISTRICT

CHADRICKPATE • ARANSASCOUNTY,TEXAS

MOTION FOR CONTINUANCE

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES the Defendant, Cbadrick Pate, by and through his attorney of record,

John Gilmore, and moves the Court to continue the t Jury Trial, which is set for Monday, August

4, 2008. In support of such motion would show the Court as follows:

I.

The Defendant's attorney was in Trial in San Patricjo County, Tex~, in case styled: The

State of Texas vs. Richard Cuellar, Cause No. S-07-3457-1CR and needs more time to prepare

for Trial in the above-ref~renced case; therefore, Defendant's attorney ask the Court to re-set the

Trial to a later date.

11.

This motion for continuance and is not made for delay. Defense Counsel requests this

continuance in order to preserve Defendant's constitutional rights to effective assistance of

counsel, due process and due course of law under the Fifth, Sixth and Fourteenth Amendments to

the United States Constitution, Article I, Sections 10, 13 and 19 of the Texas Constitution, and

Articles 1.04, 1.05 and 1.051 of the Texas Code of Criminal Procedure.

WHEREFORE, PREMISES CONSIDERED, Defendant moves the Court, pursuant to the

authority of Article 29.03, Texas Code of Criminal Procedure, to continue the Pretrial and Jury

Trial in this cause until a future date.
Case 4:13-cv-00709 Document 5-13- Filed in TXSD on 05/17/13 P.age 40 of 60

JOHNGJLMO
622 S. Tancahua/P. 0. Box 276
Corpus Christi, Texas 78401
(361) 882-4378 FAX (361) 882-3635
ATTORNEY FOR DEFENDANT
STATE BAR #07958500
Case 4:13-cv-00709 Document 5-13 Filed in TXSD on 05/17/13 Page 41 of 60

STATEOFTEXAS •

COUNTY OF ARANSAS •

BEFORE ME, the undersigned authority, on this day personally appeared John Gilmore _

and after being by me first duly sworn deposed on his oath and said:

"My name is John Gilmore. I am the attorney in Cause No. A-08-5058-4CR presently

pending in the 3&h District Court of San Patricio County, Texas. I have read the foregoing

Motion for Continuance to which this affidavit is attached and which is to be filed in the

aforementioned cause. All of the facts and allegations contained in said motion are true and

correct to the best of my knowledge and belief."

~~
JOl-IN GILMOR

SUBSCRIBED AND SWORN TO before me by the said John Gilmore on this the ·3/df-
day of July, 2008.
-Case 4:13-.cv-00709 Document 5-13 Filed in TXSD on 05/17/13 Page 42 of 60

CAUSE NO. A-08-5058-4CR

THE STATE OF TEXAS • IN TilE DISTRICT COURT

vs. •• 36rn JUDICIAL DISTRICT

CHADRICK PATE • ARANSAS COUNTY, TEXAS

CERTIFICATE OF SERVICE

I, John Gilmore, do hereby certifY that a true and correct copy of the foregoing Motion for

Continuance has been served on the Office of the District Attorney, Aransas CoQnty Courthouse,

301 N. Live Oak Street, Rockport, Texas 78382 on this the.)Y day of July, 2008.

~
J~aiiMo~

11
Case 4:13-cv-00709 Document 5-13 Filed in TXSD on 05/17/13 Page 43 of 60

CAUSE NO. A~08-5058-4CR

THE STATE OF TEXAS • IN THE DISTRICT COURT

vs. • . 36TH JUDICIAL DISTRICT

CHADRICK PATE • SAN PATRICIO COUNTY, TEXAS

ORDER

Defendant's Motion for Continuance, having been presented to the Court, the same is

hereby GRANTED~.

SIGNED this :) l J_~_,b~+._____,, 2008.
day of _ _

~i1YW\a Lhv-y
GE PRESIDING

ORDER

Defendant's Motion for Continuance having been GRANTED, the same is hereby re-set

for Announcement on _ _ _ day of.,---.,.---' 2008 and the Jury Trial on the.___ _

day of _ _ _ _ _ , 2008 at _ _ _ o'clock, _ _ _.m.

SIGNED this _ _ _ day of _ _ _ _ _ _ _ _ _, 2008.

JUDGE PRESIDING
 ~a C tl--ef ~ h uv:J "; _u-r ((_.!-'\ ~

\ju-t ~0 o-vd-er ()
w" ~.--tfe~d r :J ru./Vl t~cr
Cause No. A-08-5080-4-CR £+
THE STATE OF TEXAS § IN TifE DISTRICT COURT OF JS
vs. § ARANSASCOUNTY,TEXAS

CHADRICK B. PATE § 36TH JUDICIAL DISTRICT

STATE'S MOTION FOR CONTINUANCE

Now comes the State, by and through her District Attorney, and asks this Honorable

Court to continue this cause. In support of this Motion, the State would show as follows:

1. This case is set for jury trial on September 29, 2008.

2. The State seeks this motion for continuance due to information received in

further investigation in this cause indicating the location of the weapon used in the murder

of Aaron Watson. A D.P .S. dive team assembled by Ranger Oscar Rivera were able to locate

and recover a revolver from a local bay matching the description of the weapon used in the

·commission of the charged offenses. The recovered revolver has been submitted to the

D.P.S. Crime laboratory in McAllen for a series of forensic tests. Other evidence recovered

in this cause have also been submitted to the D.P.S.laboratory in Austin and Corpus Christi

for fingerprint and DNA testing of which the results are still pending.

3. Ranger Oscar Rivera, an investigator in this case and a material and necessary

witness for the State, has recently undergone surgery and is not available to testifY until

November.
 4. This request is not made for the purpose of delay, but that justice be more

effectively served.

WHEREFORE, PREMISES CONSIDERED, the State prays that this Honorable

Court grant this motion for a continuance.

Respectfully Submitted,

CERTIFICATE OF SERVICE

I, Marcelino Rodriguez, Assistant District Attorney for Aransas County, do hereby
certifY that a copy ofthe Motion For Continuance was delivered to defense counsel by hand
delivery, on this the 25th day of September, 2008.
 CAUSE NO. A-08-5058-4CR

THE STATE OF TEXAS • IN THE DISTRICT COURT

vs. • 3~h JUDICIAL DISTRICT

CHADRICK PATE • ARANSAS COUNTY, TEXAS

ORDER~
BE IT REMEMBERED, that on the (}:5 day of ~. ,2008,

came on to be considered and above and foregoing Motion of Defendant Chadrick Pate for

Severance of Defendants;

After consideration of the same, it is the opinion of the Court that Defendant's Motion be

GRANTEDIB:efliMB.
ik
SIGNED this ;lS dayof ~ ,2008.
 Case 4:13-cv-00709 Document 5-13 Filed in TXSD on 05/17/13 Page 47 of 60 l'lO

fP
CAUSE NO. A-08-50S8-4CR

THE STATE OF TEXAS * IN THE DISTRICT COURT
vs. • 361h JUDICIAL DISTRICT
CHADRICK PATE • ARANSAS COUNTY, TEXAS·
MOTION TO DISMISS
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES the Defendant, Chadrick ·Pate, by and through his attorney John
Gilmore, and respectfully moves this Court for an order dismissing the offenses charged
against this Defendant in the indictment herein and for good cause would respectfully
show unto the Court as follows:
I.
Defendant is confined in the Aransas County Jail. During Hurricane Ike,
defendant and other inmates at the jail were evacuated to other facilities. Defendant was
forced to leave his property behind, at the Aransas County Jail. Included with the
property were approximately 30 pages of handwritten notes, which were confidential
communications to defendant's attorney, regarding his case. When defendant returned to
'
the Aransas County Jail, his property and the confidential writings were not returned to
him. All other inmates had their property returned to them. Defendant believes the
confidential communications were intentionally removed from his possession and are
being reviewed and used by investigating law enforcement officers, to assist in the
prosecution of defendant's case.
II.
Defendant is charged with the offense of murder, under the law of parties. The
primary evidence of defendant's culpability in the case, comes from co-defendants.
Defendant's confidential writings outlines his entire defense to the case and possession
and review of these materials by law enforcement investigators severely hampers his

ability to defend himself in this cause. __ik_dayot
..--fiLED/\
~ 2~
at _ JO! ~ ' o'clock~M
 Case 4:13-cv-00709 Document 5~13 Filed in TXSD on 05/17/13 Page 48 of 60
•

Ill.
Effective representation of counsel requires that a criminal defendant be permitted
to confer in private with his attorney. Intrusion into the private attorney-client
communications violates defendant's right to effective representation and due process of
law guaranteed by the Fourteenth Amendment to the United States Constitution. These
legal materials contained confidential infonnation protected by the attorney-client
privilege and law enforcement inspection of these materials violates defendant's right to
effective assistance of counsel guaranteed him by the Sixth Amendment to the United
States Constitution and article I, section 10 ofthe Texas Constitution.
WHEREFORE, Defendant, Chadrick Pate, respectfully prays that this Honorable
Court enter an order dismissing this prosecution, with prejudice, and for such other and
further relief as this Honorable Court may deemjust and proper.

Respectfully submitted,

622 S. Tancahua/ P. 0. Box 276
Corpus Christi, Texas 78403 ·
(3Wc;r 88:i-4378/phone
(361 882-3635/fax
A ORNEYFOR DEFENDANT
BAR NO. 07958500
 -- '- -.(

CAUSE ·No. A-08-5080-4-CR-_ I/ ""'
'
J

...... i
.., ' . )

THE STATE
. OF
. TEXAS § IN THE DISTRICT COURT

vs. § 36m JUDICIAL DISTRICT

CHADERICK B. PATE. §

DEFENDANT'S MOTION IN LIMINE

NOW COMES Chadri~k B.Pate the Defendant in the above entitled and numbered cause and

requests the Court to instruct the Prosecuting Attorney, his assistants, or any of the State's witnesses

in this cause, not to allude to, refer to, or in any way bring before the jury, whether as a panel, or jury

selected to try this cause, during any stage ofthi~ proceeding, any of the following, and would show

the Court that to allow such testimony would be prejudicial to the rights of the Defendant in this

cause. \, ~ ....

This Defendant would urge the Court to instruct the Prosecuting Attorney not to refer to or

allude to any of the following without first approaching the bench and making known to the Court

and the attorneys for the Defendant outside the presence and hearing of the jury that he intends to

offer such proof, thus pennitting the jury to be retired and the evidence and objections heard, and the

Court to rule on the admissibility of such evidence before it is placed before the jury, thus preventing

prejudicial error no subsequent instruction could cure. The Defendant prays this Honorable Court

,
)
preserve his rights under the Fifth and Fourteenth Amendments to the United States Constitution,

Article I, Sections 10 and 19 of the Texas Constitution, and Articles 1.04 and 1.05 of the Texas Code

of Criminal Procedure, and hereby requests this instruction concerning the following evidence:

I. Any alleged violations of the law, which have not resulted in a final conviction.

.~:~ . ~~· .'.$! ~i -'~ Cl\
,,."~ 5J
 CAUSE NO.A-08-5080-2-CR & A-08-5080-4-CR

STATE OF TEXAS IN THE DISTRICT COURT

vs. 36TH JUDICIAL DISTRICT

CHRISTOPHER JOSEPH HALL ARANSAS COUNTY, TEXAS
CHADRICK B. PATE
JURYNOTE: I

~t;·et·

.-1~·. '.': ~-~~(!6.- ...•p~·Qf
lfZJJ;JJC:
PRESIDING JUROR
. ... · '1.r3D ·.
... . .·. . .. . COURT'S ANSWER
(
··~OFTHEJURY: _ _ _ _ _ _ _ _ _ _ _ _ __
~. io I) - &A i.o beinJ Sent h ~ -ex.h.d?l± 5~
Uo ..fo l) , 3 ) .t 't) 1M. S ftt.k hX n±s •/]Q 1)1{ .]a y\Jct}-1
I
1

mr. UnrJuwoad rn, 'Ro] Wcve. not odrn i ~d ·,n ~
#

e V• c,lQ "(.( Q nc:! C6 nn a± b c 5 L (\ + IY\ ·:16 1\) Vs-.

dCAI'\V\C- IN~v t

SIDING JUDGE

(,
 Charge Jury p. 1

1HE ST~ATE OF TEXAS § IN 1HE DISTRICT COURT OF

§ ARANSAS COUNTY, TEXAS

CHADRJICK B. PATE § 361H JUDICIAL DIS1RICT

CJ"MRGE QF TOE COI.WT

MEMBEtRS OF 1HE JURY:

Th~e defendant, CHADRICK. B. PATE, stands charged by indictment with the

DffeJ'J$6$ d COLWTS 1 MlJRDER, a»eg«} 1b have been CONJOJi#eO (}/} 0t- .Jbom

January ·4, 2008 in Aransas County, Texas; and COUNT. 2 AGORAVATED

• ASSAUL.T, alleged to have been committed on or about January 4, 2008, in Aransas

County, Texas. The defendpnt is also alleged to have CC?mmitted ~e offense of

~WJed As.wl1t in CooDt. 2 ~ENGAGING tN OBJlANl.ZED ClUMINAL

ACTIVITY. The defendant has pleaded not guilty to each offense you are

instructedll that the law applicable to this case is as follows:

COUNT ONE

J~

Owr law provides that a person commits murder if he intention~ly ·or '. """-:. ~·

knowingl31 causes the death of an individual.
 ,.

.C'.ba~F Jury p. 2

2.
A person acts intentionally, or with intent, with respect to a result of his

conduct when it is his conscious objective or desire to cause the result

A person acts knowingly, or with knowledge, with respect to a result of his

~ ·~keiaamYm"tbat hia~ ia~ycettain toc.rmaetbe-~

A "deadly weapon" means a firearm

·u~dividual" means a human being.

3•.

\ Our laws provide that a person is criminally responsible as a party to an

"-~offense if the offense is COIIU!Iitted by~own~ by the conduct of another
. fox 'Rbidll be. i~!.c:dmi.tw11.1 ~~,Q.t b ~~ .
~ CC/f'-~ ~ CVV\
~ i). A~ is criminally responsible for an offense llOJDJIIitted by the conduct \

. . of anothc:,'T if,~ with intent to promote or assist the commission of the offense,

he solicits, encourages, directs, aids, or attempts to aid the other person to commit

· otfen:se. .Mere presence alone w1I! not constftute one ftat!..v-t1'\""Ga crime.
f-ertc..l 0od.her Joseph

Hall, Amthony Lee Ray, and Kevin Ray Tanton, did then and there intentionally or

knowintgly, cause the death of an individual, namely, Aaron Watson by shooting the

uid. Amon. WSJtstm. ~ a t'ixeum, t.bBa. 'JOU 'Jri.U fuv1 t.bJ! ~ ~ af

Murder..

Unless you so find from the evidence beyond a reasonable doubt, or if you

have a reasonable doubt thereof; you will acquit the defendant of murder as

.a.U.qge.D iD Co.u.o.t £lot'!

ur you have found the defendant guilty of Count 1 do not proceed to Count
Two of .Aggravated Assault

COUNT TWO

~-

Our l•aw provides that a person commits an aggravated assault if the person

intentionally, knowingly, or recklessly causes serious bodily injury io another.

6.

A '"deadly weapon" means a tireann.
 Charge Jwy p. 4

The term "serious bodily injury" means bodily injury that creates a
I
substan1tial risk of death or that causes death, serious permanent disfigurement, or

pro~ted loss or impairment of the function of any bodily member or organ.

7.

·:·
or desirce to cause the result.

A. person acts knowingly or with knowledge, when he is aware that his

~· i..i.~~ ~tAQW.W:.t.bA~

A person acts recklessly, or is reckless, with respect to the result of his

unjustifi1able risk that the result will occur. The risk must be of such a nature and

degree that its disregard constitutes a gross deviation from the standard of care

the actor's standpoint.

8.
Ouar laws provide that a person is criminally responsible as a party to an
 Charge Jwy p. S

for which he is criminally responsible, or by both.

A~ person is criminally responsible for an offense committed by the conduct

DfJJnotber Jf, .l&ti9g with iwent tD pi'l>11JDtC DT ~ tbc c~ ofthc. off~~.

he solic:its, encouragest directs, aids, or attempts to aid the other person to commit

the offe:nse. Mere presence alone will not constitute one a party to a crime.

9.
A. person eommits an offense of Engaging in Organized Criminal Activity if,

as a crinainal prison gang, he commits Aggravated Assault

10.

"Criminal prison gang" means three or more persons having a common

identlfyilng sign or symbol or an identifiable 1eadershlp who continuously or

.fE1.9l.darly· .associate .in the commi.cmion ofmminaJ.acDY.itie.a.

11.

It is no defense to prosecution for the offense of Engaging in .Organized

Ctiminal M.i'lib; t.b.at:.

(1} one or more members of the combination are not criminally ~ponsible
 Cflarge Jury p. 6

(~2). one or more members of the combination have been acquitted, have not

been prosecuted or convicted, have been convicted .of a different offense, or are ,

~Ut.\W.~~

(31) a person bas been charged with, acquitted, or convicted of said offense;

or,

(4~) once the initial combination of three or more {)el"SODS is formed, there is a

change iin the number or identifY of persons in the combination as long as two or

more p«~ns remain in the combination and are involved in ·a continuing course of

LIMITING INSTRUCTIONS
Y(JU are instructed· that if there is any evidence before you in the case

.re~ tbe.~m:e. Df a~ pri.JDD §1111& tbeec~;s ~.iDs

criminal street gang, and/or the criminal street gang's commission of criminal
c

activities, such evidence, if any, was admitted for the limited purpose of aiding you,

ifit does. aid you, tit aetermiruilg the issues oft&e defend'ant's guift or innocence of

~ in organized criminal activity, and for no other. This evidence, if anyvcan

only be CQlSidered by you after you have determined the defendant is· in fact guilty

of one onr more of the offenses charged. You may consider this evidence for that
 C'lJarge Juryp. 1

Cri.minsD.l Activity, each element of the crime must be proven beyond a reasonable

doubt

regardilln.g the defendant's 'having committed offenses other than the one for which

he is no1w on ·trial, you cannot consider said testimony for any purpose unless you

other offenses, if any wete committed, and even then you may only consider the

same int; determining the ttlotive or identity of the defendant, and for no other ·

12.

Ncow, if you find from the evidence beyond a reasonable doubt that on or

aboutJamtuary 4, 2008, in Aransas County, Texas, the defendant, CHADRICK B.

P.4TB• .sdiJJg .a.1m2e.DT ~with MicbaeJ .Jasl>R L~ C~ ~

Hall, AlnLthony Lee Ray, and Kevin Ray Tanton, did then and there intentionally,
1'0
knowinglfiy, or recklessly, cause serious bodily injwi.'Aaron Watson by shooting the

said A.anon Watson with a Handgun, the same being a firearm. You will find the

Urnless you so find from the evidence beyond a reasonable doubt, or if you

·have a f"easonable doubt thereof, rou will acquit the defendant of Aggravated
 Charge 1wy.P· 8

Assaultt as alleged in Count Two

IJf you have found the defendant guilty of Aggravated Assault in Count 2,

.&~ ·tbe JJ»JoHMg specJaJ iaaDe -~, DoDOI.&'1SJJIN 1\Wl.spedaJ ~

;.;~0 )@OJ SPECIAL ISSUE

the evidence beyond a reasonable doubt that on or about

~ oo • "ine Aggtava\"ed AB8IWb: aYteged in Count 'l, was aWng as 11

· member- of a crimjnaJ_prison gang? Answer ''Yes" or "No." ·

13.

v.·ou are insttucted that an accomplice as the term is herein after used meaQS

person .,who are connected with the crime, as such parties, by unlawful act or

omission on their part transpiring either before or during the time of the

commis..t~Jion of the offense. A person is criminally responsible as a party to an

for whicllh he is criminally responsible or by both. Mere presence alone, however,

will not «constitute one a party to an offense.

ThLe witnesses Michael Jason Underwood, Anthony Lee Ray, and Kevin Ray

T.a.WL"m ~ .sccompJJces. Jf JJm Dl'flmsc HW &~ you &81N1Dt &oovia tb.e

defendarllt u~n accomplice testimony unless you first believe that the testimony is
.. - .. ~-- ·-··-·. ·---- 27"
 Cbarge Jury p. 9

true antd mom~ Ueimman n gr1Jtey ~ t.htagta tali 1mm "'JfR4 ~ Ultliva ~

defendunt upon said testimony_,_ .unless you further believe that there is other

testim.o1ny in the case, outside the evidence of the said witnesses Michael Jason

defendsnnt with the offense committed, if you find that an offense was committed,

and the' corroboration is not sufficient it merely shows the commission of the

then frollm all the evidence you must believe beyond a reasonable doubt that the

defendsunt is guilty of the offense charged against him.

14.

Dwr Jstt· pmtides tlMt a defettd6ttt may testa;· itt lti6 owrr be~Ndf ifbe ekx:ts

to do so,. This, however, is a privilege accorded a defendant, and in the event he

elects not to testify, that fact cannot be. taken as a circumstance against him. In this

case, th(e defendan~ has elected not to testify, . and you are instructed. that you

take it inLto consi~eration for any purpose whatsoever as a circumstance against the

defendant

in a felony prosecution. It is not. evidence of guilt nor can it be considered by you

in passintg upon the question of guilt of the defendant. The burden of proof in all
 Cbtuge /uryp. 10

a\minml ~~ t~:.V£ ~ fbA ~~ tbA ~ uvJ. M'lel: ~&,s. to tbt!

defendsmt.

. JIUl persons are presumed to be innocent and no person may be convicted of

m ~~ v.W&Ci!S. ~ ~ ~ t.W:. ~ \cc. ~ ~ '- ~

doubt. The fact that he has been arrested, coritined, or indicted for, or otherwise

charged! with the offense gives rise to no inference of guilt at his trial. The law

~~·t.~,.~w,~hW.~~~m'J~~uW.t.

The presumption of innocence alone is ·sufficient to acquit the defendant unless

the jUI'Oirs are satisfied beyond a reasonable doubt of the defendant's guilt after

careful emd impartial consideration of all the evidence in the case.
The prt:VJC&JJtk\9 b.u tbc b.ur/Jm of pn>vmg the .deknda.W §WJJy .aDd it .DWJ\t

do so .by proving each and every element of the offense charged beyond a

reasonable doubt and, if it fails to do so, you must acquit the defendant

Jt ia not reqWr/NJ tb.tt tbe proaecmion pl'OV8 p}}t beyoniJ a}} pcwJbJe·.tJ.o.vbt;·

it. is re«quired that the prosecution's proof excludes all "reasonable doubt"

concernilng the defendant's guilt

In the event you have a reasonable doubt as to the defendant's guilt after

oou.cV..deri.t~Jb elt t!v:. ~'l~ ~ 't.m., md. ~ ~' ,~ 'H\U ~­
him and tsay by your verdict "Not Guilty."
Yr.,u are the exclusive judges of the facts proved, of the credibility of the
' .
Charge lUI)' p. 11

witnesses, and the weight to be giv~n their testimony, but you must be governed

by the l.aw you shall receive in these written instructions.

your Pnresiding. Juror. It is his or her duty to preside at your deliberations, vote

with yo•u, and, when you have unanimously agreed upon averdict, to certifY to

the Presdding Juror.

D~g your deliberations in this case, you must not consider, discuss, nor

mentiont any personal knowledge or information you may have about any fact or

person c:onnected with this case which is not shown by the evidence.

·~lo one bas any authority co coumtw#cate with you except the officer who

has you in charge.· After you have retired, you may/communicate with this Court

in writincg through this officer. Any communication relative to the cause must be

written, prepared and signed by the Presiding Juror and
.
shall be
.
submitted to the

charge, CDr the attorneys, or the Court, or anyone else concerning any questions you

may have~.

'{ Ullllr so\e duty at tnis tune is to ae'tennine 'ine guilt or innocence of 'ine

defendan·t under the indictment in this cause and restrict your deliberations solely
~ ..

to the issue of guilt or innocence of the defendant.

F'ollowing the arguments of counsel, you will retire to consider your verdict

Dateltinrrte: _c?{_._tL-+/_fl1:....-_ _
Sf~

7{
 Charge Jwy p: 13

Cause No. A-08-5080-2- CR

THE STATE OF TEXAS § IN TIIE DISTRICT COURT OF

§ ARANSAS COUNTY, TEXAS

CHADRICKB.PATE § 36TII JUDICIAL DIS1RICT

VERDier FORMS

COUNT ONE

We, the Jury, flnd the Defendant, CHADRICK B. PATE, GUILTY of
MURDER, as alleged in the indictment

!?~vvdJ ;J. b
PRESIDING JUROR

( OR (·Z ~ E)~
6~ l}--

C1---
We, the Jury, find the Defendant, CHADRICK B. PATE, NOT GUILTY of
MURDER

....

PRESIDING JUROR

H you find the Defendant not guilty of Murdet;" as alleged in Count One,
then proceed to Count Two. ·
 Charge Jury p. 14

(
Cause No. A-08-5080-4- CR -

TilE STATE OF TEXAS § IN TilE DISTRICT COURT OF

§ ARANSAS COUNTY, TEXAS

CHADRICKBLAKEPATE § 361H JUDICIAL DISTRICT

VERDICI' FORMS

COUNT TWO

USE ONLY ONE FORM:

We, the Jwy, find the Defendant, CHADRICK B. PATE, GUILTY of
AGGRAVATED ASSAULT, as alleged in the indictment.

(
PRESIDING JUROR

SPECIAL ISSUE (Answer only if you have found the defendant guilty of this
count)

Did the Defendant, CHADRICK B. PATE, commit said offense as a member·
of a criminal prison gang? (answer "Yes" or ''No") ·

ANSWER:
a~ .
We, the Jury, find the Defendant, CBADRICKB. PATE, NOT GUILTY ofCOUNT
TWO.

PRESIDING JUROR
 CAUSE NO.A-08-5080-2-CR & A-08-5080-4-CR
(
STATE OF TEXAS IN THE DISTRICT COURT

vs. 36TH JUDICIAL DISTRICT

CHRISTOPHER JOSEPH HALL ARANSASCOUNTY,TEXAS
CHADRICK B. PATE
JURY NOTE:___;.__/_

· (u ~~a""' Con v \ c:.T ,~ u -8 Ec() Rt) s
~~ YATc A-ND MR I]fi LL
'
(~)DoS>s rclt:: VLcitM 'REC.GJ\1£ Auy ?uRI1aN
OF A"-'Y ffN'£ I

)3 . lc ':~06.
( ·~
COURT'S ANSWER

MEMBERSOFTHEJURY: ______________________________

01 (Q.l(
Ct"l No.

....

(
 Case 4:13-cv-00709 Document 5-14. Filed in TXSD on 05/17/13 P.age 16 of 38

Cause No. A-08-5080-4-CR

1HE STATE OF TEXAS § IN TilE DISTRICT COURT OF

vs. § ARANSAS COUNTY, TEXAS

CHADRICK B. PATE § 36TII mDICIAL DISTRICT

PUNISHMENT CHARGE

LADIES AND GEN1LEMEN OF TilE JURY:

1.
By your verdict returned in this case, you have found the defendant guilty of the
offense of Murder as charged in the indictment. It is now necessary that the jwy assess and
ftx punishment for this offense.

You are instructed that a defendant adjudged guilty of the offense of Murder as
alleged in the indictment shall be punished by confmement in the Institutional Division of
the Texas Department of Criminal Justice for a period ofnot less than ftve (5) years nor more
than ninety-nine (99) years or life, and the jmy in its discretion, may, if it chooses, assess a
fine in any amount not to exceed $10,000, in addition to confinement in the Institutional
Division. Therefore, you shall assess the punishment of the defendant at a tenn of years of
not less than five (5) nor more than ninety-nine (99) years or life, and you may assess a fme
of up to $10,000.

2.
Under the law a defendant, if sentenced to a tenn of imprisonment, may earn time off
the period of incarceration imposed through the award of good conduct time. Prison
authorities may award good conduct time to a prisoner who exhibits good behavior, diligence
in carrying out prison work assignments, and attempts at rehabilitation. If a prisoner engages
in misconduct, prison authorities may also take away all or part of any good conduct time
 Case 4:13-cv-00709 Document 5-14 Filed in TXSD on 05/17/13 Page 17 of 38

earned by the prisoner. It is also possible that the length of time for which a defendant will
be imprisoned might be reduced by the award of parole.

Under the law applicable to this case, if the defendant is sentenced to a term of
imprisonment, the defendant will not become eligible for parole until the actual calendar time
served, without consideration of any good conduct time, equals one-half of the period of
incarceration imposed or thirty years, whichever is less. If the defendant is sentenced to a
tenn of less than four years, he must serve at least two years before he is eligible for parole.
Eligibility for parole does not guarantee that parole will be granted.

It cannot accurately be predicted how the parole law and good conduct time might be
applied to this defendant if the defendant is sentenced to a term of imprisonment, because
the application ofthese laws will depend on decisions made by prison and parole authorities.

You may consider the existence ofthe parole law and good conduct time. However,
you are not to consider the extent to which good conduct time may be awarded to or forfeited
" by this particular defendant. You are not to consider the manner in which the parole law may
be applied to this particular defendant.

3.
The State bas introduced evidence of extraneous crimes or bad acts other than the one
charged in the indictment in this case. This evidence was admitted only for the purpose of assisting
you, if it does, in determining the. proper punishment for the offense for which you have found the
defendant guilty. You cannot consider the testimony for any purpose unless you find and believe
beyond a reasonable doubt that the defendant committed such other acts. if any were committed.
- Case 4:13~cv-00709 Document 5-14 Filed in TXSD on 05/17/13 Page 18 of 38

4.
Our law provides that a defendant may testify in his own behalf if he elects to do so.
This, however, is a privilege accorded a defendant, and in the event he elects not to testifY,
that fact cannot be taken as a circumstance against him.- In this case, the defendant has
elected not to testifY, and you are instructed that you cannot and must not refer or allude to
that fact throughout your deliberations or take it into consideration for any purpose
whatsoever as a circumstance against the defendant.

You are further instructed that in fixing the defendant's punishment in these counts,
which you will show in your verdict, you may take into consideration all the facts shown by
the evidence admitted before you in the full trial ofthis case, and the law as submitted to you
in this charge.

Under the instructions herein given, it will not be proper for you, in detennining the
penalty to be assessed, to fiX the same by lot, chance, any system of averages or any other
method than by a full, fair and free exercise of the opinion of the individual jurors under the
evidence before you.

During your deliberations in this case, you must not consider, discuss, nor relate any
matters not in evidence before you. -You should not consider nor mention any personal
knowledge or information may have about any fact or person connected with this case which
is not shown by the evidence.

You are the exclusive judges of the facts proved, of the credibility of the witnesses
and ofthe weight to be given the testimony but the law ofthe case you must receive from the
Court as contained in these instructions, and be governed thereby. You must disregard any
comment or statement made by the Court during the trial or in these instructions which may
seem to indicate an opinion with respect to any fact, item ofevidence or verdict to be reached
 Case 4:13-cv-0070~ Document 5-14 Filed in TXSD on 05/17/13 Page 19 of 3~

in this case. No such indication was intended.

After argument of counsel, you will retire to the jury room and proceed with your
deliberations. After you have reached a tmanimous verdict, the presiding juror will certify
thereto by filling in the appropriate fonns attached to this charge and signing his or her name
as foreperson. The forms are not intended to suggest to you what your verdict should be.

If the Jury wishes to communicate with the Court, they shall notifY the bailiff. Any
communication relative to the case must be written, prepared by the presidingjuror and shall
be submitted to the Court through the bailiff.

Respectfully submitted,

Date/time: _O\--I-}_.;:;:I.!;_.h..;;;...61..;.__ Aransas County, Texas
c q: 5op,..,.

l3 ~ 01
LCY·\0 ~

~\l--
 Cause No. A-08-5080-4-CR

THE.STJ\TE OF TEXAS § IN THE DISTRICT COURT OF

v. § ARANSAS COUNTY, TEXAS

CHADRICK B. PATE § 36TII JUDICIAL DISTRICT

Verdict Form

5 nor motre than 99 years or life), confinement in the Institutional Division of the Texas
Departme~nt of Criminal Justice and a fme of$ l0 (J\::)(j (from nothing to
$10,000).

I2J;i-J.~
Presiding Juror ~

)3
 No.AD8~ SQ804-~t?
THE STATE OF TEXAS IN THE~'\'-\DISTRICT COURT
VS. OF

A'{~~
TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL
I, Judge of the Trial Court, Certify this criminal case:

_x_ is not a plea-bargain case, and the defendant has the right of appeal. (or)

is a plea-bargain case, but matters were raised by written motion filed and ruled on
before trail and not withdrawn or waived, and the defendant has the right of appeal. (or)

is. a plea-bargain case, but the trial court has given permission to appeal, and the
defendant has the right of appeal. (or)

is a plea-bargain case, and the defendant has NO right of appeal. (or)

~::;:dont r:;;;;;ght ofappeal. Date Ol/BLo 1
I have received a copy of this certification. I have also been informed of my rights concerning
any appeal of this criminal case, including any right to file a prose petition for discretionary review pursuant
to Rule 68 of the Texas Rules of Appellate Procedure. I have been admonished that my attorney must mail a
copy of the court of appeals's judgment and opinion to my last known address and that I have only 30 days
in which to file a pro se petition for discretionary review in the court of appeals. TEX. R. APP. P. 68.2 I
acknowledge that, if I wish to appeal this case and if I am entitled to do so, it is my duty to inform my
appellate attorney, by written communication, of any change in the address at which I am currently living or
any change in~ current prison unit. I understand that, because of appellate deadlines, if 1 fail to timely
i form my appe 1 te attorney of an hange In address, I may lose the o o ity to 1le a pro se petition for
scretio ew.

Attorney for Defendant
Address: SBN:
--------------------------
Address:-------------
Telephone:-------------
Telephone: - - - - - - - - - -

Fax N o . : - - - - - - - - - - - -

•· A DefendaDI in 1 criminal can bu lbe rigbt of appeal Wider lbcso rules. The trial court shall enter a certification of tho dofcndant'l rigbt to appeal in
every cue in which it eotcra a judaemcnt of guilt or other appealable order. In a plea bargain case • tbat is in which a defendant'• plea of auilty or colo
cooteodcre and tho puoillhmcot did oot oxccod tbe punishment recommended by the proaoculor 1111d apood to by tbo defendant • • defendant may appeal
only: (A) those matter that were raised by written molioo filed and ruled oo before trill, or (B) after selling th•l trial court's permission to eppcal. n
TEXAS RULE OF APPELLATE PROCEDIJ'RE 2S.2(a)(l).

Oiotrid CiortVPm6.lldonfcnd&nl risJIIIO appeal
 Case ~:13~cv-00709 Document 5-14 Filed in TXSD on 05/17/13 Page 22 of 38

Cause No. A-DB-50ffi-4~CF?
THE STATE OF TEXAS )( IN THE DISTRICT COURT
){
vs. )( 36th DISTRICT COURT
)(
l)odv-CLK "E. Vette __ ){ ARANSAS COUNTY, TEXAS

INMATE: _ _ _ _ _ _ _ _ _ _ _ _ _TDCJ No . _ _ _ _ _ __

ORDER TO WITHHOLD
GREETINGS:
The above named defendant currently in the custody of the Texas Department of Criminal Justice
Correctional Itlstitutions Division has incurred court fees and costs in the 361h District Court of Aransas County,
Texas as a b o v = · d represented in the certified Judgment attached hereto in the amount of
$ 2/e~-tV "-:
THE COURT ORDERS that payment be made out of the inmate's trust fund account as follows:

Pay an initial amount equal to the lesser of:

(l) 20% of the preceding six months' deposits in the inmate's trust account; or
(2) The total amount of court fees and costs.

In each month following the month in which the initial payment is made, the inmate shall pay an amount
equal to the lesser of:

(l) l 0% of that month's deposits to the trust account; or
(2) the total amount of court fees and costs that remain unpaid.

Payments shall continue until the total amount of court fees and costs are paid, or the inmate is released from
confinement. On Receipt of this Order, the department's Inmate Trust Fund Supervisor shall withdraw the funds
from the account of the inmate, hold same in a separate account, and forward said funds monthly to Pam Heard,
District Clerk of Aransas County at 301 N. Live Oak St., Rockport, Tx. 78382.

Defendant was admonished by the Court of garnishment of inmate's Trust Account with the above stated tenns and
conditions.

THE COURT ENTERS THIS ORDER pursuant to Section 501.014(t)(5), Texas Government Code, on
this the _Q_ day of fi,.b I<..U;.U, :20 0 5

cr.

I
Copies to: IDCJ
Defendant

~I
 ase 4:13-cv-00709 Document 5-14 Filed in TXSD on 05711/13. Page lS o_f as,__

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 CRIMINAL DOCKET CASE NO. 08 - .:JDfcJ. I Gt.

NUMBER OF CASE STYLE OF CASE ATTORNEYS 1 OFFENSE DATE OF FILING h
1
! Montb Day J Year pj

STATE OF TEXAS l'l'a.Tvt'r k. -~, o..nC'l' lk'\ STATE to 24 I OR ro
Ill OQ <::,.()8' , 1 vs. : J flfl, . \ lnlormal!on, Index or ~
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rJ\ndro·c1~5-Ptlk : "1~\,V\ (~drv\CrP R.
FeeBook 0
I P
DEFENDENT
VoL
,
Page
e
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. Wa
SteDographer
ORDERS OF COURT Minute Book
WITNESSES
~
Moatb Day I Year
I
I '
Used VoL Page C
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 Case 4:13-cv-00709 Document 5-14 Filed in TXSD on 05/17/13 Page 38 of 38

The State of Texas )
County of Aransas (

I, PAM HEARD, Clerk of the District Court of Aransas County, Texas do hereby certify
that the documents contained in this record to which this certification is attached are all of
the documents specified by Texas Rule of Appellate Procedure 34.5(a) and all other
documents timely requested by a party to this proceeding under Texas Rule of Appellate
Procedure 34.5(b)

GIVEN UNDER MY HAND AND SEAL at my office in Aransas County, Texas this /If:!
day of ~ , 2009. · .

PAM HEARD
DISTRICT CLERK

'·
, Deputy
 RECORD EXHIBIT # 2

RR VOL 1 OF 9 MASTER INDEX
 Case 4:13-cv-00709 Document 5-15 Filed in TXSD on 05/17/13 Page 1 of 15.

... -(-::ro '1 -- ( I ~ --c,yz_- 1

~
j 1 R E p 0 R T E R I s R E C 0 R D

2
VOLUME OF q VOLUMES
3

4 Trial Court Cause Number A-08-5080-4-CR

5
THE STATE OF TEXAS * IN THE DISTRICT COURT OF
6 *
vs. * ARANSAS COUNTY, TEXAS
7 *
CHADRICK B. PATE * 36TH JUDICIAL. DISTRICT
8

9 MASTER INDEX

10
--------------------------------------------
11 ORIGINAL
12

13

14
..
15

16

17
Fl LED
18 IN THE 13TH COURT OF APPEALS
CORPUS CHRISTl

19 JUN 1 0 2009
20 DORIAN E. RAMIREZ, CLERK
BY ~
21

22
'til( 2.3
(. J 24

25
 Case 4:13-cv-00709 Document 5-15 Filed in TXSD on 05/17/13 ~age 2 of 15

2

1 T A B L E 0 F C 0 N T E N T S

2

3
VOLUME 1 : Master Index
4

5 VOLUME 2 : Announcement (9-25-08)

6
VOLUME 3: Pretrial Hearing -- Motion to Dismiss (10-23-08)
7

8 VOLUME 4 : Jury Trial -- Voir Di~e Proceedings (2-9-09)

9
VOLUME 5: Jury Trial -- Guilt/Innocence (2-9-09)
10

11 VOLUME 6: Jury Trial -- Guilt/Innocence (2-10-09)

12
VOLUME 7: Jury Trial -- Guilt/Innocence (2-11-09)
13

14 VOLUME 8 : Jury Trial -- Guilt/Innocence (2-12-09)

15
VOLUME 9 : Jury Trial -- Punishment-Sentencing (2-13-09)
16 Trial Exhibits
-ooo-

17

18

19

20

21

22

23

24

25
RECORD EXIDBIT # 3

RR VOL20F9
9/25/08
 EXHIBIT #3
RR VOL 2 OF 9
9/25/08
 Case 4:13-cv-00709 Document 5-16 Filed in TXSD on 05/17/13 Page 1 of 5

(~- Dq-.( \~-~
1

!')'
\,,
1 R E P 0 R T E R' S R E C 0 R D

2 VOLU~E ~.)_ OF q
3 TRIAL COURT CAUSE NO. A-08-5080-4-CR

4
THE STATE OF TEXAS ) IN THE DISTRICT COURT OF
5 )
vs. ) ARANSAS COUNTY, TEXAS
6 )
CHADRICK PATE ) 36TH JUDICIAL DISTRICT
7
*********************************************************
8 ANNOUNCEMENT

9 *********************************************************
A P P E A R A N C E S
10
ATTORNEY FOR THE STATE:

r,
11
MR. MARCELINO RODRIGUEZ
12 Assistant District Attorney
P.O. Box 1393
13 Sinton, Tx 78387
(361) 364-6220 DEliVERED
14 Fax No. (361) 364-9490
SBN: 00797336 JUN 1 0 2009
15
13th COURT OF APPEALS
16 ATTORNEY FOR THE DEFENDANT:
MR. JOHN GILMORE
17 Attorney at Law
622 S. Tancahua · FILED
18 Corpus Christi, Tx 78401 IN THE 13TH COURT OF APPEALS
CORPUS CHRISTl
(361) 882-4378
19 SBN: 07958500 JUN'l 0 2009
20
DORIAN E. RA~CLERK
21 BY -

22

23 On the 25th day of September, 2008, the following
proceedings came on to be heard in the above-entitled and

() 24 numbered cause before the Honorable Michael E. Welborn, Judge
presiding, in Rockport, Aransas County, Texas:
25
Proceedings reported by Shorthand Method. 0RIG IrJ AL
SYLVIA D. TREVINO, CSR (361) 364-6200
 Case 4:13-cv-00709 Document 5-16 Filed in TXSD on 05/17/13 Page 2 of 5
2

1 THE COURT: Mr. Gilmore, how are you today?

2 MR. GILMORE: I'm doing just fine, Judge.

3 THE COURT: You're here today-- Let's see.

4 You're on State versus Chadrick B. Pate. And what do we got
5 going on, Counsel? What are your announcements in that case?

6 State has filed a motions for continuance, I believe?

7 MS. RODRIGUEZ: That's correct.

8 MR. GILMORE: We don't oppose it, Judge. We're

9 going to -- Mr. Pate -- during the hurricane, Mr. Pate was

10 taking extensive attorney/client notes prior to the hurricane.
11 When they were evacuated, he was instructed to put his notes
12 in plastic garbage bags and when he got back from the

13 evacuation, his notes were thrown out. Got that from Ricky
14 McLester, Chief Deputy.

15 THE COURT: Threw all the plastic bags out?

16 MR. GILMORE: No. Just two people. Everybody

17 got their stuff back except for two people. So all of his

18 discovery is gone and all of his attorney/client notes are

19 gone.

20 THE COURT: So he's not opposing a continuance

21 because he needs to get back to square one?

22 MR. GILMORE: Yeah.

23 THE COURT: All right.

24 MR. GILMORE: I heard that you reset Ms.

25 Cochran-May's case to November the 3rd.

SYLVIA D. TREVINO, CSR (361) 364-6200
 Case 4:13-cv-00709 Document.5-16 Filed in TXSD on 05/~7/13 Page 3 of 5
3

1 THE COURT: Yes, sir.

2 ·MR. GILMORE: Which may be feasible, but I have

3 a federal jury trial set then and those things in Judge Head's

4 court, those things are known to fold. And last time I talked

5 to my client, he wanted to go to trial.

6 THE COURT: All right. Well then what I'll do

7 is go ahead and set that on November 3rd, making a note

8 subject to your availability.

9 MR. GILMORE: Probably need -- We also need a

10 decision -- I have a motion to sever, along with Ms.

11 Cochran-May and she's going to need a decision on that, too.

12 There's going to be maybe a new attorney on that case.

13 THE COURT: That's what I'm waiting to find

14 out. That's why I wanted to know, because I'm going to have

15 to get a new attorney, going to need to get one pretty quick

16 and that new attorney is going to want a new-- We'll need a

17 pre-trial to decide. Basically three of these cases are going

18 to be severed out anyway.

19 MR. GILMORE: We got a shooter and we got my

20 guy that wasn't there.

21 THE COURT: He wasn't there.

22 MR. GILMORE: He wasn't there. I know what

23 they're saying, but --

24 THE COURT: You ain't going to figure out how

25 they're going to get there. That's the reason they call it an

SYLVIA D. TREVINO, CSR (361) 364-6200
 Case 4:13-cv-00709 Document 5-16 Filed in TXSD on 05/17/13 Page 4 of 5
4

1 allegation. All right. We are going to give you the same

2 thing. We will have a pre-trial set on that for about the 3rd

3 so we can look at severance at that time if see where we're

4 at. And make a note that that's subject to your federal

5 court.

6 (END OF PROCEEDINGS.)

7

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SYLVIA D. TREVINO, CSR (361) 364-6200
 Case 4: 13-cv-00709 Document 5-16 Filed in TXSD on 05/17/13 Page 5 of 5
5

1 THE STATE OF TEXAS

2 COUNTY OF ARANSAS

3

4 I, SYLVIA D. TREVINO, Official Court Reporter in and

5 fo~ the 36th Judicial District, State of Texas, do hereby

6 certify that the above and foregoing contains a true and

7 correct transcription of all portions of evidence and other

8 proceedings requested in writing by counsel for the parties to

9 be included in this volume of the Reporter's Record, in the

10 above-styled and numbered cause, all of which occurred in open

11 court or in chambers, and were reported by me.

12 I further certify that this Reporter's Record of the

13 proceedings truly and correctly reflects the exhibits; if any,

14 admitted by the respective parties.

15 I further certify that the total cost foi the

16 preparation of this Reporter's Record ~s ~~~nd was

17 paid/will be paid by ~a"Vb~
18 () . WITNESS MY OFFICIAL HAND this the--...<31-J&ay
19 of J.l_ 1d!J)_, Jo~V;
20
7
21 .~le-{A_;_. )) .Jt{UAA~'
~ D. TREVINO, CSR 2733
22 Expiration Date: 12/31/08
Official Court Reporter,
23 36th Judicial District
P.O. Box 700
24 Sinton, Texas 78387
(361) 364-9321
25

SYLVIA D. TREVINO, CSR (361) 364-6200
RECORD EXHIBIT # 4

RR VOL3 OF 9

10/23/08
REPORTERS RECORD .

VOLUME 3 OF 9

THE STATE OF TEXAS
vs.
CHADRICK 8 PATE
 1
Motion to Dism_._ss
10-23-08

·.~-·

1 RE~ORTER'S ~CORD
VOLUME _5 OF ~ VOLUMES
2 TRIAL COURT CAUSE NO. A-08-5080-4CR

3

4

5 THE STATE OF TEXAS ) IN THE DISTRICT COURT
)
6 vs. ) ARANSAS COUNTY, TEXAS
)
7 CHADRICK B. PATE )
) 36TH JUDICIAL DISTRICT
8

9

10

11

12 MOTION TO DISMISS

13

14

15

16

17

18

19

20 On the 23rd day of October, 2008, the following

21 proceedings came on to be held in the above-titled and

22 numbered cause before the Honorable Joel B. Johnson, Judge

23 Presiding, held in Rockport, Aransas County, Texas.

24 Proceedings reported by computerized stenotype machine.

25

LISA TUCKER RILEY, CSR, RPR
 2
Motion to Dism~ss
10-23-08

1 APPEARANCES

2

3 MR. MARCELINO RODRIGUEZ
SBOT NO. 00797336
4 Assistant District Attorney
P.O. Box 1393
5 Sinton, Texas 78387
Telephone: 361-364-6220
6 Attorney £or the State

7

8
MR. JOHN S. GILMORE, JR.
9 SBOT NO. 07958500
Attorney at Law
10 622 S. Tancahua
Corpus Christi, Texas 78401
11 Telephone: 361-882-4378
Attorney £or the Defendant
12

( 13
14

15
16

17

18

19

20

21

22

23
24

25

LISA TUCKER RILEY, CSR, RPR
 3
Motion to DismLss
10-23-08

1 MOTION TO DISMISS

2 10-23-08
PAGE VOL.
3

4 DEFENDANT'S EVIDENCE

5 Chadrick B. Pate Direct Cross V.Dire
By Mr. Gilmore 5 v1
6 By Mr. Rodriguez 14 v1

7
STATE'S EVIDENCE
8
Bryant Olson Direct Cross V.Dire
9 By Mr. Rodriguez 17 v1
By Mr. Gilmore 24 v1
10

11
Defense's Argument . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 1
12
State's Argument . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 1
( 13
Court's Ruling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 1
14
Reporter's Certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 1
15

16

17

18 ....
19

20

21

22

23

24

25

LISA TUCKER RILEY, CSR, RPR
 4
Motion to Dism~ss
10-23-08

1 ALPHABETICAL INDEX OF WITNESSES

2 Direct Cross V.Dire

3 Olson, Bryant 17 v1 24 v1
Pate, Chadrick B. 5 v1 14 v1
4

5

6

7

8

9

10

11

12

(_ 13

14

15

16

17

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20

21

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25

LISA TUCKER RILEY, CSR, RPR
 5
Motion to DismLSS
10-23-08

1 P R 0 C E E D I N G S

2 (Defendant present)

3 THE COURT: This is the Chadrick Pate case,

4 Cause No. 08-5080-4CR.

5 Mr. Gilmore, you have a motion that needs a

6 hearing?

7 MR. GILMORE: It's a motion to dismiss, Judge, a

8 rather unique situation I have never encountered it before.

9 It's a motion to dismiss for violation of due process and for

10 violation of effective assistance of counsel.

11 THE COURT: All right. You may proceed.

12 MR. GILMORE: I'm going to call my client for

( 13 the limited purpose of addressing the issues in this motion,

14 Judge.

15 THE COURT: All right.

16 Mr. Pate.

17 (Defendant sworn)

18 THE COURT: You may be seated.

19 MR. GILMORE: May I proceed, Judge?

20 THE COURT: You may.

21 CHADRICK B. PATE,

22 having been first duly sworn, testified as follows:

23 DIRECT EXAMINATION

24 BY MR. GILMORE:

25 Q. Would you state your name for the Court, please.
I
\

LISA TUCKER RILEY, CSR, RPR
 6
Motion to Dism~ss
10-23-08

1 A. Chadrick Blake Pate.

2 Q. And, Mr. Pate, are you the defendant 1n Cause No.

3 08-CR-5080-4 in this court?

4 A. Yes, I am.

5 Q. How long have you been in custody on this case?

6 A. About six months.

7 Q. Okay. Do you recall the date that you were arrested?

8 A. I believe it was April 5th.

9 Q. Okay. Of 2008?

10 A. Yes, sir.

11 Q. And you're charged with the offense of murder?·

12 A. Yes, sir.

( 13 Q. In a two-count indictment?

14 A. Yes, sir.

15 Q. And without going into too much detail, you're not

16 charged with being the actual person who murdered this victim.

17 You're charged under the law of parties; is that right?

18 A. Yes, sir.
...
19 Q. As being somebody who was a party to the offense --

20 A. Yes, sir.

21 Q. is that right?

22 And basically the evidence against you in this

23 case deals with codefendant testimony and circumstantial

24 evidence; is that correct?

25 A. Yes, sir.
(

LISA TUCKER RILEY, CSR, RPR
 Motion to Dism~ss 7
10-23-08

1 Q. During the course of your confinement at the Aransas
2 County jail your mother employed me to represent you; is that
3 correct·t

4 A. Yes, sir.
5 Q. And as part of my job I gave you the discovery packet
h in this case; is that right?
7 A. Yes, sir.
8 Q. And I'm holding up ln rrom: or me L..Lt:JllL rruw uty ~..-ul-'y
- .c -- - -- _: ~ 1- .J- - - . . .. ........ ... ., ........ ,.... ......... 't 7

9 of the discovery packet which you'll agree with me appears to
10
..I.. ..I..
be over an.... inch
, thick. __
Is that reasonable? ·
1 1 Zl YP~. sir.
12 Q. Okay. And is this basically what you had in your
( 13 possession?

14 A. Yes, si.r.
15 Q. And durlng our discussions I had asked you to
.LO L 11 U L U U y 11 -L y .L c:::: v ..L c vv "- .1 .1...._ "-" ....... ....., .._. .......... - - J .c- - ...... -- _ -- __ _

-'-'----- .. ~1...1" and tO make noteS tO
~"'"; ""'·' t-he rli C::I"'(YITPr\1 nrir.kPt.
17 assist me in the preparation of your defense, did I not?
18 A. Yes, sir.

19 Q. Okay. And did you do that?
20 A. Yes, sir.

21 Q. tlGW l~ng did i t toke you to thoroughly go through all

22 of the statements, the investigative reports and the other

23 discovery matters and make notes on it? How long did it take

24 you to do that?

25 A. About three months.
I
\

LISA TUCKER RILEY, CSR, RPR
 8
Motion to Disn,_,_ss
10-23-08

1 Q. Three months?

2 A. Yes, sir.

3 Q. And you were very thorough doing that, were you not?

4 A. Yes, sir.

5 Q. Did you make notes on the actual discovery materials

6 itself?

7 A. Yes. I highlighted some stuff.

8 Q. And made notes in the margin?

9 A. Yes, sir.

10 Q. You did you also have individually handwritten notes

11 about your defense; is that right?

12 A. Yes, sir.
l 13 Q. And how many pages do you think you had of
\

14 individually handwritten

15 A. Thirty-two.

16 Q. Thirty-two?

17 A. Yes, sir.

18 Q. And those all dealt with the core of your defense in

19 this case; is that right?

20 A. Yes, sir.

21 Q. And those notes were directed to me so that I could

22 help you prepare -- or you could help me prepare for the

23 defense of your case; is that right?

24 A. Yes, sir.

25 Q. I assume you recall Hurricane Ike.
(

LISA TUCKER RILEY, CSR, RPR
 9
Motion to Dism~ss
10-23-08

1 A. Yes, sir.

2 Q. Do you recall when hurricane Ike was out in the gulf?

3 A. It was before the lOth because we left on the lOth.

4 Q. Okay. What happened to the inmates at the Aransas

5 County jail as a result of Hurricane Ike?

6 A. They transferred us to Crystal City I believe it was.

7 Q. Was the whole jail population transferred there or

8 just part of it? Do you know?

9 A. The whole jail.

10 Q. By the way, just for the Court's information you're

11 in seg; is that right?

12 A. Yes, sir.

( 13 Q. So you have your own cell. You don't mix with other

14 inmates; is that right?

15 A. Yes, sir.

16 Q. Okay. Do you recall what date you were evacuated

17 from the Aransas County jail?

18 A. Yes, sir.

19 Q. What day was that?

20 A. I believe it was the lOth of September.

21 Q. And prior to your evacuation did you have these 32

22 pages of handwritten notes and the discovery packet with you?

23 A. Yes, sir. I just finished everything about two days

24 before that.

25 Q. Okay. Did you request to bring that with you so that

LISA TUCKER RILEY, CSR, RPR
 9
Motion to Dism~ss
10-23-08

1 A. Yes, slr.

2 Q. Do you recall when hurricane Ike was out in the gulf?

3 A. It was before the lOth because we left on the lOth.

4 Q. Okay. What happened to the inmates at the Aransas

5 County jail as a result of Hurricane Ike?

6 A. They transferred us to Crystal City I believe it was.

7 Q. Was the whole jail population transferred there or

8 just part of it? Do you know?

9 A. The whole jail.

10 Q. By the way, just for the Court's information you're

11 in seg; is that right?

12 A. Yes, sir.

( 13 Q. So you have your own cell. You don't mix with other

14 inmates; is that right?

15 A. Yes, sir.

16 Q. Okay. Do you recall what date you were evacuated

17 from the Aransas County jail?

18 A. Yes, sir. ....

19 Q. What day was that?

20 A. I believe it was the lOth of September.

21 Q. And prior to your evacuation did you have these 32

22 pages of handwritten notes and the discovery packet with you?

23 A. Yes, sir. I just finished everything about two days

24 before that.

25 Q. Okay. Did you request to bring that with you so that
(

LISA TUCKER RILEY, CSR, RPR
 10
Motion to Dism~ss
10-23-08

1 you could maintain security over the privileged information in

2 there?

3 A. Yes, sir.

4 Q. Okay. And what were you told regarding your ability

5 to keep that?

6 A. They said I couldn't take anything but what I was

7 wearing.

8 Q. Okay. What were you required to do with the

9 information that you had prepared?

10 A. They gave us a bag with our cell number, our name and

11 it said property on it and told us to put everything in the

12 bag.

13 Q. Okay. And particular they gave you a bag?

i4 A. Yes, sir.

15 Q. You know that they gave it to every inmate at the

16 jail, but you in particular had a bag; is that right?

17 A. Yes, sir.

18 Q. And can you
.... describe the bag?
19 A. It was a big white trash bag.

20 Q. Okay. And how was your name affixed to that bag?

21 A. It had been in a black marker.

22 Q. Okay. And it had your name and it had your cell

23 number?

24 A. My cell number and it said property on it.

25 Q. And what did you put in the bag?
(

LISA TUCKER RILEY, CSR, RPR
 11
Motion to Dism~ss
10-23-08

1 A. Everything. My whole motion for discovery, basically

2 my whole defense, all my commissary, I mean, hygiene, stuff

3 like that.

4 Q. Okay. And what did you do with it?

5 A. I set it on top of my bunk. That is where they asked

6 me to set it.

7 Q. Did you tie it in a knot, or did you --

8 A. I tied it in a knot.

9 Q. Okay. And set it on top of your bunk?

10 A. Yes, sir.

11 Q. Is that something you were required to do?

12 A. Yeah. They told me to set it on top of my bunk.
/
13 Q. And then you were evacuated?
\
14 A. Yes, sir.

15 Q. During the evacuation process when you were being

16 moved from the jail did you see any officers that were

17 involved in the investigation of your case?

18 A. I saw two of them.
...
19 Q. Who was that?

20 A. Gutierrez and Reddick.

21 Q. What is the last one?

22 A. Reddick.

23 Q. Reddick, okay.

24 And where were they in relation to your

25 property?
(

LISA TUCKER RILEY, CSR, RPR
 12
Motion to Dism~ss
10-23-08

1 A. Well, they were standing outside the jail with

2 shotguns.

3 Q. So they were helping with the evacuation?

4 A. Yeah, they were helping.

5 Q. When you were placed in the vehicle that took you to

6 Crystal Falls is that where you went?

7 A. Crystal City.

8 Q. Crystal City, when you were placed in there was

9 any mention made of your property?

10 A. Yeah. The officer that was transporting me said that

11 my stuff was being put in a bag, and I told him, I said that

12 couldn't be my stuff because they made me leave it in my cell.

( 13 Q. Okay. Somebody said that your stuff was being put in

14 a bag, but --

15 A. It wasn't. I looked. It was a box of somebody

16 else's stuff I believe.

17 Q. Okay. You didn't have a box?

18 A. No.

19 Q. Okay. But there are boxes that are available?

20 A. Yeah. They sell them in commissary.

21 Q. And you didn't have one of those boxes?

22 A. No, sir.

23 Q. Okay. When did you return from Crystal City?

24 A. The 16th of September.

25 Q. Okay. And when you returned did you return to the
(

LISA TUCKER RILEY, CSR, RPR
 13
Motion to Dism.LSS
10-23-08

1 same cell?

2 A. Yes, sir.

3 Q. Okay. Did you receive your property back? And in

4 particular, did you receive your attorney/client notes and

5 your discovery packet back?

6 A. No, sir.

7 Q. Did you make inquiry about that?

8 A. Yes, sir.

9 Q. What were you told?

10 A. They said that they were going to have to go look for

11 it, and they never could find it.

12 Q. Do you have knowledge of whether or not anybody --

13 any other inmate lost any property?

14 A. Not to my knowledge. I asked around, and they said

15 nobody else had lost their property.

16 Q. So you were the only one that lost their property?

17 A. Yes, sir.

18 Q. Now, for the Court's information, these garbage ba£s,

19 are these the standard garbage bags that they use in the

20 day-to-day operation of the jail?

21 A. No, sir.

22 Q. What distinguishes these gprbage bags from other

23 garbage bags?

24 A. Well, the garbage bags that we use in seg are clear

25 garbage bags. You can see right through them, and the garbage

LISA TUCKER RILEY, CSR, RPR
 14
Motion to Dism~ss
10-23-08

1 bag that they gave me was a solid white one to put my property

2 in.

3 Q. And it had your name on it?

4 A. Yes, sir.

5 Q. Did you to this day have you received your

6 discovery packet back?

7 A. No, sir.

8 Q. And being aware that everybody but yourself received

9 the discovery -- their property back, are you concerned that

10 this may have been intercepted by law enforcement?

11 A. Yes, sir.

12 Q. And that law enforcement may be using the information
( 13 that you wrote to me in preparation to prosecute you?
\._

14 A. Yes, sir.

15 Q. Okay. Other than that that's all the information you

16 have; is that right?

17 A. Yes, sir.

18 Q. Okay.

19 MR. GILMORE: All right. Judge, I'll pass the

20 witness on this issue.

21 MR. RODRIGUEZ: May I proceed, your Honor?

22 THE COURT: You may.

23 CROSS-EXAMINATION

24 BY MR. RODRIGUEZ:

25 Q. Mr. Pate, these notes that were generated, you were
(
\

LISA TUCKER RILEY, CSR, RPR
 15
Motion to Dism~ss
10-23-08

1 the one that generated the notes?

2 A. Yes, sir.

3 Q. They came from you?

4 A. Yes, sir.

5 Q. And the discovery packet that you had, that was the

6 discovery packet that your attorney gave you?

7 A. Yes, sir.

8 Q. Okay. You stated the property that was taken along

9 with the property was the commissary stuff, shaving equipment,

10 stuff like that?

11 A. Yes, sir.

12 Q. Did the jail reimburse you for all of that?

13 A. Some of the stuff they did; not all of it.

14 Q. When did you tell your -- well, put it this way:

15 When did your attorney become aware of these

16 notes?

17 A. Right away.

18 Q. What do you mean right away?
...
19 A. I don't understand the question.

20 Q. When did you tell your attorney about these missing

21 notes?

22 A. When did I tell him? As soon as I got back.

23 Q. Prior to you being evacuated to Crystal City when was

24 the last time you saw your attorney?

25 A. Last time I saw him? I believe it was a week before
(

LISA TUCKER RILEY, CSR, RPR
 16
Motion to Dism~ss
10-23-08

1 that.

2 Q. Were your notes about completed at that time?

3 A. At that time, no.

4 Q. When did you start writing these notes?

5 A. About two-and-a-half months before that.

6 Q. Had you turned over any notes to your attorney prior

7 to that?

8 A. No, sir.

9 Q. Why not?

10 A. Because I wasn't finished with everything yet.

11 Q. So you never turned over one note to your attorney?

12 A. No, sir.

13 Q. Despite three months of work you never turned one

14 note over?

15 A. No, sir. I told him after I finish it is when I

16 would give it to him.

17 Q. When did it come to your attention that.you were

18 going to be evacuated to Crystal City?

19 A. That day.

20 Q. So the very day you were hauled out of the jail you

21 were told to put your stuff in a bag?

22 A. Yes, sir.

23 Q. Did you attempt to call your attorney on that day to

24 tell him about your notes?

25 A. I couldn't get a phone.

LISA TUCKER RILEY, CSR, RPR
 17
Motion to DismLss
10-23-08

1 Q. You couldn't get a phone?

2 A. They said we were being transported. The phones were

3 turned off.

4 MR. RODRIGUEZ: I will pass.

5 MR. GILMORE: I don't have any further

6 questions, Judge.

7 THE COURT: You may step down.

8 Your next witness, Mr. Gilmore?

9 MR. GILMORE: That's all we have on the lssue,

10 Judge.

11 THE COURT: Mr. Rodriguez?

12 MR. RODRIGUEZ: Call Lieutenant Olson.

13 (Witness sworn)

14 THE COURT: Thank you.

15 MR. RODRIGUEZ: May I proceed, your Honor?

16 THE COURT: You may.

17 BRYANT OLSON,

18 having been first duly sworn, testified as follows:

19 DIRECT EXAMINATION

20 BY MR. RODRIGUEZ:

21 Q. What is. your position, sir?

22 A. I'm operation manager for the jail.

23 Q. And how long have you had that position?

24 A. Approximately two-and-a-half months.

25 Q. Did you take over from Ms. Kutach?
(

LISA TUCKER RILEY, CSR, RPR
 18
Motion to Dism~ss
10-23-08

1 A. Yes, sir.

2 Q. So back around September the lOth of this year you

3 were the operations manager?

4 A. I was the operation manager, yes.

5 Q. About that time, September the lOth, what was the

6 jail population? Do you recall?

7 A. We had about 160 in the jail. We let all of the

8 misdemeanor ~nd traffic fines out, and with the approval of

9 the Judge, of course, and I believe we transported a little

10 over a hundred personnel to Crystal City.

11 Q. Was that a pretty big job?

12 A. It's a large job.
(
~
13 Q. When did you start the evacuation?

14 A. We started the evacuation the day before. We had to

15 arrange for all the transportation, all the officers to be on

16 call, all the deputies and what have you to be there for

17 security.

18 Q. Okay. Just to be clear, ,when did the evacuation take

19 place?

20 A. I believe it was on the lOth.

21 Q. When did you inform the inmates of the evacuation?

22 A. Excuse me. They were told I believe that day, okay,

23 that they were leaving.

24 Q. Okay. And what were they told to do?

25 A. They were told to pack all of their stuff in a

LISA TUCKER RILEY, CSR, RPR
 19
Motion to Dism~ss
10-23-08

1 garbage bag, okay, and place their name upon the bag. And

2 they could not take anything with them because the other

3 facilities or the transportation doesn't have enough room to

4 take all of their personal belongings with them.

5 Q. So more of a logistical consideration?

6 A. Right.

7 Q; Did you become aware of Mr. Pate's complaint

8 regarding his property?

9 A. Yes, sir.

10 Q. And when did you become aware of that complaint?

11 A. Ever -- I believe it was a couple days after we

12 returned.

( 13 Q. It was a couple of days?

14 A. Yeah.

15 Q. Did you look into what happened to Mr. Pate's

16 property?

17 A. Yes, sir, we did.

18 Q. Now, was Mr. Pate the only person that lost property?
'
19 A. No, sir, he was not.

20 Q. How many other people are you aware of?

21 A. I believe that we had about a half dozen lost

22 everything that they had, and there was probably a dozen that

23 lost individual items.

24 Q. Looking into the matter involving Mr. Pate's property

25 what do you believe occurred?

LISA TUCKER RILEY, CSR, RPR
 20
Motion to Dism~ss
10-23-08

1 A. When we found out that this property along with some

2 others was missing we went back. Because there was a sergeant

3 in charge of the details that were cleaning the jail when we

4 moved the inmates out it always has been in the past that we

5 bring the crews in to clean the jail. We brought power

6 washers in to clean all the cells, okay, the walls, and the

7 showers and the bunks.

8 What we can ascertain as far as a couple of them

9 went was because he was in a small cell, they set the property

10 bag outside of the cell, okay, when they were power washing

11 his cell, and the crew that was doing the clean up picked it

12 up as garbage and hauled it out because -- because it is no

( 13 place in the facility.

14 Q. The people that were doing the clean up, were they

15 part of the jail?

16 A. Yes. They were officers from the jail. Yes. Yes.

17 We pulled out all of their bedding, all of their

18 everything, their extra uniforms, towels. Everything that was

19 in the cell we pulled out and washed or sanitized.

20 Q. So you believe this property was just thrown away as

21 garb~ge?

22 A. I believe it was thrown away as garbage, yes, sir.

23 Q. Did you try to reimburse Mr. Pate for some of those

24 lost items.

25 A. Almost everybody that lost their items, other than
(
\

LISA TUCKER RILEY, CSR, RPR
 21
Motion to DismiSS
10-23-08

1 their personal letters and books and things like that, which

2 you can't replace, okay, we replaced almost all of their

3 commissary, their hygiene product, their underwear, their

4 socks, T-shirts, their sweatpants, sweatshirts, whatever item

5 they were missing the jail replaced. Doesn't mean we have got

6 one hundred percent but we tried.

7 Q. Now, being in the jail are you separate from the

8 investigative, I guess, department?

9 A. Yes, sir.

10 Q. Do you have any contact with them?

11 ·A. Basically only when they bring inmates in or they

12 come over for interviews. Other than that I say hi to them,

13 okay, but I don't see them on a daily basis.

14 Q. So there is no communication other than

15 A. No.

16 Q. Basically when the inmates were told that they had to

17 bag up their property, what was going to happen with these

18 bags? What was the plan?

19 A. All the bags would normally be put on their bunk.

20 Okay? In the big cell they were put all of them was put on

21 a table and then the officers come in and put them on a

22 bunk one bunk so they can strip everything else out of the

23 cell so they could come in and power wash. Okay. Basically

24 in the big cells none of the bags left the cells.

25 What happened was in the small cells because
l
LISA TUCKER RILEY, CSR, RPR
 22
Motion to Dism~ss
10-23-08

1 they are so small you can't leave the bag in there while

2 you're doing -- the power washer is going on. They were set

3 outside the door.

4 Q. So these were the only ones that were set outside?

5 A. Yes. And the garbage bags are the garbage bags that

6 the jail used. They are not the one they have in the cell,

7 okay, which is a small bag. The ones we gave them was large

8 white bags. It goes in the larger garbage cans that are all

9 over the jail because a lot of them have commissary that would

10 fill up a store.

11 Q. So there was a lot of trash thrown away; is that

12 correct?

13 A. Uh-huh.

14 Q. A lot of cells were cleaned out?

15 A. Lots of trash.

16 Q. So that a lot of things were thrown out that day?

17 A. There were lots of things that were thrown out.

18 Q. So basically if he didn't pu~it in a bag what

19 happened to it?

20 A. If they put it in a bag in --

21 Q. If they didn't put it in that bag.

22 A. If they didn't put it in the bag, okay, it was

23 something personal like a personal Bible, okay, it was set

24 aside, okay. But basically what was left over was, you name

25 it, torn up uniforms, torn up towels, torn up cups, the list
(

LISA TUCKER RILEY, CSR, RPR
 23
Motion to Dism~ss
10-23-08

1 goes on, okay, commissary wrappers, empty potato chip bags.

2 We filled up a whole dumpster with trash, okay, and then we

3 still had the sallyport had trash; had to wait for them to

4 come back and to fill it up again of just nothing -- personal

5 stuff; just items that they discarded.

6 Q. So basically how would you respond to the claim that

7 Mr. Pate's property was taken for the purpose of law

8 enforcement to intrude on his rights?

9 A. I'm sorry, sir. Okay. We go through three or 4,000

10 people over there. None of the officers have time, okay, nor

11 I doubt if any of them are interested in what his case is.

12 Probably half of them don't even know what he is there for.

13 Okay? We try not to pay attention to what most of the charges

14 are because some of them would drive us up a wall. Okay?

15 Over the ten years I have been here, okay, we

16 have never shared that I know of, okay, out of the facility

17 any personal legal mail of any kind. Okay?

18 Now, mail that goes to the US postal service,

19 okay, state law allows us to go through incoming/outgoing if

20 we have a security reason. We do sometimes share that with

21 DEA, the sheriff, with DA's office sometimes, okay? But as

22 far as their legal mail, no. There are strict guidelines and

23 rules. And the officers sometimes open legal mail, okay,

24 accidentally when they are going through five or 600 letters,

25 okay, but it doesn't happen very often.
I
\

LISA TUCKER RILEY, CSR, RPR
 24
Motion to Dism~ss
10-23-08

1 But we're basically -- none of us interested in

2 what their cases are, okay, or anything on that order. Too

3 many other things during the day to do.

4 MR. RODRIGUEZ: Pass the witness.

5 MR. GILMORE: May I proceed, Judge?

6 THE COURT: You may.

7 CROSS-EXAMINATION

8 BY MR. 'GILMORE:

9 Q. When you became aware that there was going to be an

10 evacuation did you take measures to ensure the people

11 inmates' personal property was kept in a secure place and

12 A. It was kept in their cell, sir.

13 Q. So it would not be disposed of?

14 A. Yes, sir. But I can't help if it was taken outside.

15 Q. I'm just -- need to ask you what measures you took.

16 Did your staff write the inmates' names and

17 their cell numbers on the bags?

18 A. Most of the inmates wrote their own names.

19 Q. Okay. So you don't know how Mr. Pate's got on there?

20 A. No.

21 Q. Okay. But everybody had their name written on their

22 bags?

23 A. They were told they had to be on their bag.

24 Q. Okay. And the garbage bags from Mr. Pate's cell, are

25 they the same garbage bags as the one you gave him? Are they

LISA TUCKER RILEY, CSR, RPR
 25
Motion to DisrrLLSS
10-23-08

1 the same type of garbage bag?

2 A. No. The ones that the cells get are small clear

3 bags.

4 Q. Okay. Let me iust show you this --

5 A. Yes.

6 Q. what I have right here. I'll mark this as

7 Defendant's Exhibit 1. I'm going to show you what I'm handing

8 you -- I have marked as Defendant's Exhibit No. 1. Can you

.9 identify that?

10 A. Yes. That's one of the cell garbage bags.

11 Q. And just for the Court's information, this is a

12 small -- goes in a small receptacle; is that correct?

( 13 A. Uh-huh.

14 Q. And it's basically see-through?

15 A. Yes. That's the ones that the six cells have. The

16 big cells have big garbage bags.

17 Q. The garbage bags that you provided Mr. Pate and the

18 other inmates to put their personal belongings in are

19 different from that because they are bigger?

20 A. They are just larger. The large cells have large

21 garbage bags which are white.

22 Q. So they are bigger like a 30-gallon?

23 A. Yes, sir, 30-gallon.

24 Q. And they are also not clear?

25 A. They are not clear.
(
\

LISA TUCKER RILEY, CSR, RPR
 26
Motion to Dism-'-ss
10-23-08

1 Q. They are transparent or translucent, right?

2 A. Right.

3 Q. And everybody had their name on the outside?

4 A. Yes, sir. They were supposed to have their name on

5 it.

6 Q. The people who went in and cleaned the cells are

7 employees of the jail; is that right?

8 A. Yes, they are, sir.

9 Q. So they are familiar with the type of trash bags that

10 ~orne out of the different types of cells?

11 A. Yes, sir.

12 Q. The seg cells have that like the Defendant's Exhibit

( 13 No. 1. The other ones have the bigger ones, right?

14 A. Yes, sir.

15 Q. And Mr. Pate, there is no disputing that he was in a

16 seg cell?

17 A. No disputing, no.

18 Q. So the bigger not transparent or,translucent garbage

19 bag would not have been typically coming from his cell; is

20 that right?

21 A. No, sir.

22 Q. And especially not one with his name on it?

23 A. No, sir.

24 Q. Okay. And did you instruct the personnel from the

25 jail who were doing the clean up to make sure that they

LISA TUCKER RILEY, CSR, RPR
 27
Motion to Dism-'-ss
10-23-08

1 watched out for people's personal property?

2 A. Many times, sir.

3 Q. Okay. It was important for you to preserve because

4 some people have items that are irreplaceable?

5 A. That's right, sir.

6 Q. All right. But somehow during this clean-up process

7 they threw away Mr. Pate's bag?

8 A. That is true.

9 Q. Okay. Are there security cameras set up in that

·10 jail?

11 A. Yes, sir.

12 Q. Okay. And are those security cameras functioning?

( 13 A. Yes, they do, sir.

14 Q. Did they show the hallways outside of the seg cells?

15 A. Yes, they do, sir.

16 Q. Okay. Do you recall being asked by Chief Deputy

17 McLester about Mr. Chad's --Chad Pate 1 s bag being missing and

18 his prQ_perty?

19 A. Yes, because we discussed it.

20 Q. Okay. And he talked to you as a result of a phone

21 call from me. Are you aware of that?

22 A. No.
'
23 Q. But he did come over and ask you about what happened

24 to his property; is that right?

25 A. I have had several people come and talk to me about
(

LISA TUCKER RILEY, CSR, RPR
 28
Motion to Dism~ss
10-23-08

1 his property, yes.

·2 Q. At any point did you go to the videotape? I assume

3 there is videotape.

4 A. Yes,. sir. We have gone back. We looked, okay, but

5 you have to understand the cameras in the jail, all right, are

6 motion sensitive. Okay? They take approximately ten to 15

7 seconds after a motion starts -- start. They take another 15,

8 20 seconds, and if this -- if you walk out of range they stop.

9 Q. Okay.

10 A. And so you can see, for instance, someone walk up to

11 something, but if they stop the camera stops ahd then if they

12 did something in the next 10 or 15 seconds, okay, and they

( 13 could be completely out of your site.

14 Q. Okay. Well, what I'm asking did you make an effort

15 to see to check

16 A. Yes, sir. We could not find where it disappeared.

17 Q. I'm sorry. I have to finish asking the question.

18 A. Yes, sir.

19 Q. Did you make an effort to check the camera that

20 was particularly that was trained on the hall outside of

21 Mr. Pate's cell during the time of the evacuation and clean

22 up? Did you make the -- did you make an effort to find out

23 what happened to his property and who disposed of it?

24 A. Yes. We made a great effort to find Mr. Pate's

25 property. Because if anybody approached that bag, that is a
(

LISA TUCKER RILEY, CSR, RPR
 29
Motion to Dism~ss
10-23-08

1 motion, and it would have triggered the camera, yes, sir, but

2 there was a lot more garbage bags than that one just in the

3 hallway.

4 Q. I'm just asking did you check to make sure that you

5 couldn't determine who moved that bag?

6 A. Yes, sir, we did.

7 Q. Okay. And you were not able to

8 A. Were not capable of doing it.

9 Q. Chief Deputy McLester talked to you within a week of

10 the evacuation, did he not, about --

11 A. Yes,· sir.

12 Q. about Mr. Pate?
~·
13 A. It was a week.

14 Q. Do you have any idea why he reported back to me that

15 only one other person lost their property that Mr. Pate

16 A. Because at that moment that is all there was. Okay?

17 I still have -- as of this day, this morning, which I can show

18 you the paper work, people saying that they have lost this

19 article, this article, all the way back to the hurricane.

20 Q. All right. I'm going to hand you this packet right

21 here.

22 A. Yes, sir.

23 Q. How much do you say that weighs?

24 A. A couple of pounds.

25 Q. Okay. Is that the kind of garbage that usually comes

LISA TUCKER RILEY, CSR, RPR
 30
Motion to Dism~ss
10-23-08

1 out of cells?

2 A. A lot of it.

3 Q. Material packed like this?

4 A. A lot of them, paper work.

5 Q. And you don't think that a jailer who picked up a

6 packet at least this heavy, probably heavier because it had

7 more stuff in it, with Mr. Pate's name on it would have

8 snapped to the fact?

9 A. They probably never noticed, sir, it had Mr. Pate's

10 name. They were supposed to have but they did not.

11 Q. Did you talk to the people who cleaned out his cell?

12 A. I hollered at the people that cleaned out his cell.

13 Q. Who cleaned out his cell?

14 A. It could have been anybody of 30 people that were

15 down there working at a lower level.

16 Q. So you don't know in particular?

17 A. Any specific officer, no.

18 Q. Okay.

19 MR. GILMORE: Okay. That is all I have, Judge.

20 MR. RODRIGUEZ: No further questions, your

21 Honor.

22 THE COURT: You may step down.

23 THE WITNESS: Thank you, Slr.

24 THE COURT: Anything else, Mr. Rodriguez?

25 MR. RODRIGUEZ: No, your Honor.
(
LISA TUCKER RILEY, CSR, RPR
 31
Motion to Disn1_,_ss
10-23-08

(
1 THE COURT: Anything else, Mr. Gilmore?

2 MR. GILMORE: That's all I have, Judge.

3 THE COURT: What lS your request?

4 MR. GILMORE: Well, Judge, you know., I have

5 talked to Mr. Flanigan about this right after this -- it

6 happened. I talked to the chief deputy about it. I have also

7 brought it up to Judge Welborn that this happened, but I felt
8 that it was necessary to do something officially and make a

9 complaint about this because during the trial of this case it

10 may become evident that these materials were being used

11 against my client.
12 At this point I don't have any direct evidence

( 13 that these materials are being used against my client or have

14 been reviewed by law enforcement which I think is probably

15 what I'm going to be required to show to get the relief that

16 I'm seeking, but somewhere during the course of this trial it

17 may become evident that these materials are being used and

18 not-- and I'~not pointing fingers at the district attorney's

19 office. I don't believe they would do this knowingly, but

20 some law enforcement personnel who have access to these

21 materials know what Mr. Pate's defense is right now and are

22 probably and if they do have possession of this and if

23 reviewed it are actively working to combat the defense, and it

24 may become evident during the trial.

25 But if they did do this intentionally, Judge,
( "
LISA TUCKER RILEY, CSR, RPR
 32
Motion to Disnt.._ss
10-23-08

1 it's a violation of attorney/client privilege. It's a

2 violation of his right to effective assistance of counsel, and

3 it's a violation of his due process rights.

4 You know, I would like the relief that I

5 requested in my motion, Judge, which is to dismiss with

6 prejudice. I'm not expecting it, but that is what I would

7 like, and I may renew this motion again during the trial if

8 the Court denies the motion at this time.

9 THE COURT: Mr. Rodriguez?

10 MR. RODRIGUEZ: Basically the removal of the

11 property, if in fact there were notes there, only take

12 Mr. Pate's word what was in that bag, it was done. It was an

13 accident. It wasn't intentionally done. It wasn't

14 maliciously done. There is no evidence to show that it was.

15 We ask that the motion to dismiss be denied,

16 your Honor.

17 THE COURT: Well, Mr. Gilmore, for what it's

18 worth, I'm somewhat familiar with the efficiency with which

19 the jail in Aransas County works, and unfortunately the

20 circumstances I hear today are a par for the course for at

21 least the last year and a half.

22 However, you're correct that if there is ever

23 any proof introduced to this Court or any other court that

24 sits in this district that those documents have come into the

25 possession of some law enforcement agency or there is ever any

LISA TUCKER RILEY, CSR, RPR
 33
Motion to Dism~ss
10-23-08

1 direct evidence that these documents were intentionally

2 ·destroyed or taken away from your client there will be

3 immediate relief for you and immediate bad news for someone

4 else.

5 MR. GILMORE: Yes, Slr.

6 THE COURT: Your motion is denied at this time.

7 MR. GILMORE: Yes, your Honor.

8 Just for scheduling, Judge, I know you're

9 getting ready to take a recess, but I think we're set for

10 THE COURT: November the 3rd.

11 MR.· GILMORE: -- November the 3rd. And I talked

12 to Mr. Rodriguez. I'm not sure that they have got everything

( 13 ready that they need to have done, Judge.

14 MR. RODRIGUEZ: We're still waiting on some

15 reports by a dive team that collected the weapon, your Honor,

16 and we're getting further evaluation done on the handgun that

17 was collected from the dive team. It's a matter of doing a

18 report. The testing has already been done.

19 MR. GILMORE: Are you going to be the trial

20 Judge or --

21 THE COURT: Yes. Yes.

22 MR. GILMORE: Are you going to be here for

23 docket call? My only problem going to' trial or other than

24 I don't have everything that they hav~ got so far, but I have

25 a federal case that may go to trial in Judge Head's court. My
(

LISA TUCKER RILEY, CSR, RPR
 34
Motion to Dism~ss
10-23-08

1 client is kind of vacillating. He doesn't know what he is

2 going to do yet, so I haven't filed a motion for continuance.

3 I'll know next week what he is going to do, but I just like to

4 inform the Court of that.

5 THE COURT: livhat are y 'all ready to try on

6 November the 3rd?

7 MR. RODRIGUEZ: An attempted capital

8 murder/sexual assault/injury to a child.

9 THE COURT: And the lawyers are ready?

10 MR. FLANIGAN: I think the primary case would be

11 the attempted capital murder. Mr. Wimberly, that is

12 Mr. Teague is defending on this case.
(
\ 13 THE COURT: All right. Mr. Teague, and you

14 understand him to be ready?

15 MR. FLANIGAN: I believe he is going to be

16 ready.

17 THE COURT: Well, I think I'm going to leave it

18 to the judge who hears the announcement docket.

19 MR. GILMORE: Okay. Judge, that is fine. I

20 just wanted to let y'all know we may have a problem.

.21 THE COURT: I have been trying to get all of

22 Mr. Pate's cases off the docket as quickly as I can, John. I

23 have got one off that nobody wanted to try, and it would be my

24 pleasure to take another one off the docket that nobody wants

25 to try.

LISA TUCKER RILEY, CSR, RPR
 35
Motion to Dism_,_.ss
10-23-08

1 MR. GILMORE: Okay, Judge.

2 (End of proceedings)

3

4

5

6

7

8

9

10

11 * * * *
12

13

14

15

16

17

18 ...
19

20
21 .

22

23

24

25
(
\
'

LISA TUCKER RILEY, CSR, RPR
 36

1 STATE OF TEXAS

2 COUNTY OF ARANSAS

3 I, LISA TUCKER RILEY, Official Deputy Court Reporter

4 in and for the 156th District Court of Aransas, State of

5 Texas, do hereby certify that the above and foregoing contains

6 a true and correct transcription of all portions of evidence

7 and other proceedings requested in writing by counsel for the

8 parties to be included in this volume of the Reporter's Record

9 in the above-styled and numbered cause, all of which occurred

10 in open court or in chambers and were reported by me.

11 I further certify that this Reporter's Record of the

12 proceedings truly and correctly reflects the exhibits, if any,

( 13 offered by the respective parties.

14 I further certify that the total cost for the

15 preparation of this Reporter's Record is $163.00 and will be

16 paid in full by Aransas County.

17 WITNESS MY OFFICIAL HAND on this, the 11th day of March,

18 2009.

19

20
LISA TUCKER RILEY, CSR, RPR
21 Texas CSR #3895
Official Deputy Court
22 P.O. Box 700
Sinton, Texas 78387
23 Telephone: 361-364-9320
Expiration: 12-31-2010
24

25
(

LISA TUCKER RILEY, CSR, RPR
RECORD EXIDBIT # 5

RR VOL40F 9

2/9/09

VOIR DIRE
 Case 4:13-cv-00709 Document 5-18 Filed in TXSD on 05/17/13, Page 1 of 69

.
~( .\
...,... lo-o 1

··""~ 1 R E P 0 R T E R ' S R E C 0 R D

2
VOLUME _1_ OF _9._ VOLUMES
3

4 Trial Court Cause Number A-08-5080-4-CR

5
THE STATE OF TEXAS * IN THE DISTRICT COURT OF
6 *
VS. * ARANSAS COUNTY, TEXAS
7 *
CHAD RICK B. PATE * 36TH JUDICIAL DISTRICT
8

9 JURY TRIAL
·
V O~r D'
~re
p rocee d'
~ngs
FILED
JNTHE13THCOURTOFAPPEAU~
10 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - GGRPUS~HRISTI
A P P E A R A N C E S
11 JUN" I 0 2009
COUNSEL FOR THE STATE:
" 12 MR. MARCELINO RODRIGUEZ DORIAN E..RAMIREZ, CLE ~
:~ MS. RETHA CABLE BY------~~~~--+-·
13 ASSISTANT DISTRICT ATTORNEY
36th Judicial District
14 San Patricio County Courthouse DELIVERED
P. 0. Box 1393
15 Sinton, Texas 78387 JUN l 0 2009
Tel: 361-364-6220
16 Fax: 361-364-4978 13th COURT OF APPEALS
SBN: 24046959
17 00785741

18 COUNSEL FOR THE DEFENDANT:
MR. JOHN S. GILMORE
19 ATTORNEY AT LAW
P. 0. Box 276
20 622 South Tancahua

21
Corpus Christi, Texas
Tel:
Fax:
361-882-4378
361-882-3635
78403
ORI.GINAL
22 SBN: 07958500
... ::.~

23 On the 9th day of February, 2009, the following
( ), proceedings came on for trial in the above-entitled and
24 numbered cause in said Court, HONORABLE JANNA K. WHATLEY,
Judge Presiding, held in Rockport, Aransas County, Texas:
25 Proceedings were reported by machine shorthand.
 Case 4:13-cv-00709 Document 5-18 Filed in TXSD on 05/17/13 Page 29 of 69

28

1 question?

2 THE COURT: You may.

3 VENIREPE~S.ON ROCK: Can you help me

4 understand exactly what first-degree murder is?

5 THE COURT: Well, we only have one type of

6 murder in Texas, just so you know. It's unlike

7 television. You're going to find a lot of things are

8 unlike television.

9 Right now -- I mean, not right now, but in

10 Texas, the definition of "murder," intentionally or

11 knowingly cause the death of an individual. That's the

12 definition of "murder" in Texas. All right? And we only

13 have one degree of that. Does that help?

14 VENIREPERSON ROCK: I think so.

15 THE COURT: Okay. Now, there are different

16 ways of intentionally and knowingly causing death I will

17 tell you and that's up to the State to prove or the

18 Defense to disprove. But that is the definition you have

19 in Texas. All right?

20 Now, can everyone consider the range of five

21 to ninety-nine years or life depending on the

22 circumstances of the case?

23 And there's one thing I forgot to mention

24 which is most important. I did not mention the name of

25 the deceased. Deceased was a gentleman by the name of
 Case 4:13-cv-00709 Document 5-18 Filed in TXSD on 05/17/13 Page !;55 of 69

54

1 sir? Burden of proof?

2 VENIREPERSON ROCK: Right. I'm answering

3 your question: "Does anyon·e have a problem II

4 MR. RODRIGUEZ: Okay. Any-one else?

5 Thank you very much, sir. Appreciate that.

6 Now is the time to talk about that.

7 Anyone? Anyone else, burden of proof?

8 Going, going ...

9 Okay. All right. Thank you very much,

10 ladies and gentlemen.

11 Let's talk a little bit about the case,

12 itself, at least the charge. Count One -- two-count

13 indictment. One deals with murder and the other one deals

14 with aggravated assault causing serious bodily injury.

15 What's going to happen if you become ~ juror in this

16 particular case is that sometime after the evidence is

17 presented to you, and evidence is someone sitting over

18 there and tell you what happened. The verbal testimony is

19 evidence. Any video that might be presented is evidence.

20 Any photograph is evidence.

21 But sooner or later, we're going to close

22 the evidence. And at that time you're going to be asked

23 to make a decision. What's going to happen is you're

24 going to be getting a document called a ''jury charge,"

25 basically just a document that tells you the law with
 Case 4:13-cv-:-00709 Document 5-18 Filed in TXSD on 05/17/13 Page 56 of 69

1 respect to this particular case. And you're going to be

2 asked to deliberate on the facts; in other words, go back

3 there, talk about what you heard and then come to some

4 conclusion as to what the facts are, apply it to the law

5 and come to a conclusion.

6 Now, the jury charge may contain certain

7 things and we want to talk about some of that. May or may

8 not, but I want to talk to you about &orne of these things.

9 As far as murder is concerned is that the allegations in

10 this particular case is that the defendant, acting alone

11 or together, did, then and there, intentionally or

12 knowingly cause the death of an individual -- namely,

13 Aaron Watson by shooting the said Aaron Watson with a

14 firearm.

15 Count Number Two talks about pretty much the

16 same thing. The defendant, acting alone or together, did,

17 then and there, intentionally or knowingly or recklessly

18 cause serious bodily injury to Aaron Watson by shooting

19 the said Aaron Watson with a handgun or a firearm. Now,

20 ~acting alone or together,~ what that basically talks

21 about is the Law of Parties. What that simply means is

22 that a person can be held responsible for the conduct of

23 another. And one of the most common hypotheticals -- we

24 use hypotheticals to explain things -- is that of the bank

25 robbery. Everyone talks about the bank robbery as a
 Case 4:13-cv-00709 Document 5-18 Filed in TXSD on 05/17/13 Page 57 of 69

56

1 hypothetical.

2 You have three, four people, whatever the

3 amount. They get.together and they decide that they're

4 going to rob a bank. And they meet and they talk about

5 what's going to happen, who's going to do what. And they

6 gather the things that they need, the weapons. They

7 gather the vehicles. And they go out to the target, the

8 bank. And some of them may get out and go into the bank

9 to actually perform the robbery, itself. And because you

10 don't have much time to get a cab or anything li~e that,

11 you usually have someone outside in a car, engine running,

12 waiting.

13 Now, even though you're outside with the

14 engine running, the Law of Parties means you're just as

15 responsible as the people inside committing the offense.

1~ If, with the intent to promote or assist in the commission

17 of the offense, this person solicits, goes out there and

18 gathers these people, encourages, directs or aids in the

19 attempts or attempts to aid in the commission of the

20 offense, they can be held liable as a party.

21 Anyone disagree with that?

22 Now, here's another thing that pertains to

23 parties. If, for instance, your idea i~ to go in there

24 and commit this robbery, and that's what everyone's

25 thinking about; that's the intent. But something goes
 case 4:13-cv-00709 Document 5-18. Filed in TXSD on 05/17/13 P.age 58 of 69

57

1 wrong. You're sitting out there in your car. You're part

2 of this. You've conspired to do this. You've planned to

3 do this; you've encouraged, you've ·aided; you're there.

4 But while your partners are in there committing the

5 robbery, something bad happens. Somebody gets scared or

6 feels threatened by the bank guard and they decide to

7 commit a murder, to use that weapon. Someone dies inside.

8 Under the Law of Parties, guess what? You're sitting out·

9 there in that car waiting for them to come out. You're

10 not only responsible for the bank robbery, you're now also

11 a.s a party responsible for the murder that took place

12 inside. So, you know, you knew, you were shown, you knew

13 there was a possibility that could happen. Guys go in.

14 They're carrying a gun. Things like that could possibly

15 happen. It happened. You're just as guilty.

16 Anyone disagree with that? Anyone?

17 VENIREPERSON ELLIOTT: I think I do.

18 MR. RODRIGUEZ: You're Mr ....

19 VENIREPERSON ELLIOTT: Thorn Elliott.

20 MR. RODRIGUEZ: Your name, again, sir?

21 VENIREPERSON ELLIOTT: Thorn Elliott.

22 MR. RODRIGUEZ: Number Twelve. Okay. You

23 wouldn't agree with that scenario?

24 VENIREPERSON ELLIOTT: Not necessarily.

25 MR. RODRIGUEZ: Okay. So you feel that the
 Case 4:13-cv-00709 Document 5-18 Filed in TXSD on 05/17/13 Page 59 of 69

58

1 person that's out in that vehicle is not responsible for

2 murder in the scenario I gave you. Okay. That's fine.

3 VENIREPERSON ELLIOTT: Yes.

4 MR. RODRIGUEZ: If you believe that, that's

5 fine.

6 Let's start -- anyone on the first row

7 disagree?

8 Second row? I got you. Mr ...

9 VENIREPERSON COYM: Coym.

10 MR. RODRIGUEZ: You feel the same way?

11 VENIREPERSON COYM: I do.

12 MR. RODRIGUEZ: That's Number Eight.

13 MR. TURPIN: Judge, can I make a suggestion?

14 When he has them like this -- it may help the

15 stenographer, too; certainly help us -- to just have them

16 stand up.

17 THE COURT: He's supposed to after the

18 second row.

19 MR. TURPIN: Thank you.

20 MR. RODRIGUEZ: All right. How do you

21 pronounce your name again, sir?

22 VENIREPERSON COYM: Coym.

23 MR. RODRIGUEZ: Coym.

24 VENIREPERSON COYM: Yes, sir.

25 MR. RODRIGUEZ: Okay. It's my own writing;
 . Case 4:13-cv-00709 Document 5-18 Filed in TXSD on 05/17/13 Page 60 of 69

59

1 I'm sorry.

2 So we have Mr. Elliott and Mr. Coym.

3 Now, the Law of Parties I dictated to you,

4 can you follow the law? You said that you feel that

5 person shouldn't be responsible, but legally they would

6 be. Can you put your feelings aside and follow the law?

7 Like I said, we don't want to have this kind of, you know,

8 problem. But I'm going to ask you can you follow the law.

9 VENIREPERSON ELLIOTT: I can't give a

10 general statement. I can give a hypothetical statement.

11 MR. RODRIGUEZ: Well, I mean, that's the

12 thing. And I said i t ' s unfair because we can't go into

13 the facts of the case and we ask you to make a specific

14 unequivocal answer kind of, like, you know, if your wife

15 goes on a trip somewhere and she gets on the plane and you

16 say, "Honey, baby, will you be faithful to me while you'rs

17 gone?"

18 She says, "Well, I don't know. You know,

19 well, let me qive you a hypothetical. T.~t. me give you a

20 hypothetical."

21 (Laughter)

22 MR. RODRIGUEZ: When you leave the airport,

23 you want to feel either good or bad, not, ooh, you know.

24 So I know i t ' s not fair. I'm not trying to make light of

25 it. But, really, we need to get an answer to the best of
 Case 4:13-cv-00709 Document 5-18 Filed in TXSD on 05/17/13 Page 61 of 6~

60

1 your ability.

2 VENIREPERSON ELLIOTT: Since I can ~onceive

3 of exceptions to that rule, I think probably the fair

4 statement would be no, I could not agree to that.

5 MR. RODRIGUEZ: All right.

6 VENIREPERSON ELLIOTT: I know it may not be

7 the perfect answer for you, but 'it's one you need.

8 MR. RODRIGUEZ: Same question to you, sir.

9 Can you follow the law?

10 VENIREPERSON COYM: I don't think I can.

11 MR. RODRIGUEZ: The answer would be "yes"

12 or --

13 VENIREPERSON COYM: I think in this

14 particular case with the co-defendant, i t ' s a very good

15 question and I'm having a lot of trouble with it.

16 MR. RODRIGUEZ: And, again, I apologize. We
17 can't give you more specifics than that.

18 VENIREPERSON COYM: I understand.

19 MR. RODRIGUEZ: But the answer is "no"? You

20 cannot follow the law?

21 VENIREPERSON COYM: No, I can't.

22 MR. RODRIGUEZ: Okay. That's everyone on

23 the second row.

24 Anyone on the first row change their mind?

25 VENIREPERSON BARRETT: I feel the same way.
 Case 4:13-cv-00709 Document 5-18. Filed in TXSD on 05/17/13 Page 62 of 69

61

1 MR. RODRIGUEZ: You're Mr ...

2 VENIREPERSON BARRETT: Ricky Barrett.

3 MR. RODRIGUEZ: Thank you, Mr. Barrett.

4 Appreciate that.

5 Again, we don't want to have those conflicts

6 back over there. I'm glad you're coming forward. That's

7 what we want and only you can answer the question.

8 That takes care of, I think, the second row.

9 Anyone else? No?

10 Okay. Third row, cannot follow the law as

11 it pertains to parties.

12 VENIREPERSON SPRINGSTEAD: I'm having a real

13 problem with the guy sitting in the car, driving the car,

14 'cause he has no idea what the man in the bank with the

15 gun is thinki~g.

16 MR. RODRIGUEZ: Okay. Well --

17 VENIREPERSON SPRINGSTEAD: I couldn't give

18 the man in the car ninety-nine years and give the other --

19 THE COURT: You have to stand up; I'm sorry,

20 Mr ...

21 Mr. Rodriguez, please get them to stand up.

22 Thank you.

23 VENIREPERSON SPRINGSTEAD: I said I couldn't

24 give the man in the car sitting outside ninety-nine years

25 for murder when he had no real part other than driving the
 Case 4:13-cv-00709 Document 5-18 Filed in TXSD on 05/17/13 Page 63 of 69

62

1 car.

2 MR. RODRIGUEZ: Okay.

3 MR. GILMORE: Is th~t Mr. Springstead?

4 THE COURT: Get his name, please.

5 VENIREPERSON SPRINGSTEAD: Springstead.

6 THE COURT: Thank you.

7 VENIREPERSON SPRINGSTEAD: Number Twenty-

8 Two.

9 MR. RODRIGUEZ: So I guess the answer if you

10 could follow the law would be ...

11 VENIREPERSON SPRINGSTEAD: No.

12 MR. RODRIGUEZ: Okay.

13 THE COURT: Well, Mr. Rodriguez has given

14 y'all a hypothetical. The hypothetical you need to

15 understand is not necessarily what the law is. Okay? And

16 I see Mr. Elliott shaking his head. Mr. Springstead, if I

17 wrote that down correctly, is stating with your

18 hypothetical. But I need to make sure he can follow the

19 law. Your hypothetical is one example of the law,

20 Mr. Rodriguez. You need to make sure the jurors {sic)

21 understand the difference.

22 MR. RODRIGUEZ: We're talking about the Law

23 of Parties. I'm sorry we cannot go into any more depth as

24 far as this particular case. But you're basically saying

25 that you couldn't find someone guilty based on the Law of
 Case 4:13-cv-00709 Document 5-18 Filed in TXSD on 05/17/13 Page 64 of 69

63

1 Parties.

2 VENIREPERSON SPRINGSTEAD: Other than as

3 being a party, yes.

4 MR. RODRIGUEZ: You're Mrs. Morgan?

5 VENIREPERSON MORGAN: Stephanie Morgan.

6 MR. RODRIGUEZ: I think we have you on

7 another issue here.

8 THE COURT: Correct.

9 VENIREPERSON MORGAN: I wouldn't be able to

10 either.

11 MR. RODRIGUEZ: Thank you, Ms. Morgan.

12 Appreciate that.

13 Anyone else on Mrs. Morgan's row?

14 And, again, thank you very much. I know

15 it's hard to answer these questions. Sometimes added

16 information that you would need but unfortunately

17 THE COURT: Let's move on. Anybody else on

18 the left-hand side?

19 We got some jurors going to need a break,

20 Mr. Rodriguez. I'm going to speed you up, please.

21 MR. RODRIGUEZ: Okay. Number Thirty-Four,

22 Mrs ...

23 VENIREPERSON OUTTEN: Outten.

24 MR. RODRIGUEZ: Outten.

25 VENIREPERSON OUTTEN: Correct.
 Case 4:13-cv-00709 Document 5-18 Filed in TXSD on 05/17/13 Page 65 of 69

64

1 MR. RODRIGUEZ: Can you follow --

2 VENIREPERSON OUTTEN: -- one intent was

3 robbery and the other·intent was murder and I could not

4 convict the other one.

5 MR. RODRIGUEZ: So you cannot follow the Law

6 of Parties.

7 VENIREPERSON OUTTEN: No.

8 THE COURT: You're going to have to -- all

9 the jurors are getting facts, Mr. Rodriguez. This is not

10 helping us, I don't think, in our selection process. You

11 need to explain the Law of Parties again. You used an

12 example to help the jurors, b~t they're coming back at you

13 with specifics and that's not helping me.

14 VENIREPERSON: And my question I think it

15 might help other people -- I need to go back to sentencing

16 and we're given the guidelines. Is this jury going to be

17 sentencing both defendants the same way or can they

18 sentence them separately?

19 THE COURT: You'll have separate answers for

20 each defendant.

21 VENIREPERSON: Thank you. I think that's

22 helpful. Thank you.

23 THE COURT: If you get there with both

24 defendants, that is.

25 MR. RODRIGUEZ: The way it works is that --
 Case .4:13-cv-00709 Oocument 5-18 Filed in TXSD on 05/17/13 Page 66 of 69

65

1 THE COURT: Mr. Rodriguez, just go to Law of

2 Parties. Will you explain that again to them.

3 MR. RODRIGUEZ: Basically a person is held

4 criminally responsible for an offense -- a person's held

5 criminally responsible for the offense or the conduct of

6 another if he acts to promote or assist' in the commission

7 of the offense, he solicits, encourages, directs, aids, or

8 attempts to aid in the commission of the offense. That's

9 part of it. And the other part happens to be the fact

10 that as a party you're also criminally responsible for

11 whatever happens in the commission of the offense.

12 MR. GILMORE: I don't think that's exactly

13 the law, Judge. I object to that.

14 THE COURT: I don't know what he's read.

15 I'm sorry.

16 MR. RODRIGUEZ: if the offense was

17 committed in the furtherance of the unlawful purpose and

18 should have been anticipated. When I use the hypothetical

19 we talked about planning and someone going into a bank

20 carrying a weapon, a gun, and i t could be anticipated that

21 there could be a shooting because someone went in there

22 with a gun. That's the hypothetical we talked about.

23 It's not hypothetical pertaining to this particular case.

24 We cannot talk about the facts in this particular case.

25 All right? I don't know if that helps any.
 Case 4:13-cv-00709 Document 5-18 Filed in TXSD on 05/17/13 Page 67 of 69

66

1 All right. Ma'am, you're saying you cannot

2 follow the law as it pertains to parties? Is that what

3 your answer was?

4 VENIREPERSON OUTTEN: That was my answer.

5 MR. RODRIGUEZ: Okay. Number Thirty-Four.

6 THE COURT: I'm sorry; I couldn't hear her.

7 MR. RODRIGUEZ: Number Thirty-Four.

8 THE COURT: You best get them to stand up,

9 Mr. Rodriguez, please. I can't hear up here; I'm sorry.

10 MR. RODRIGUEZ: Ma'am, please stand up.

11 THE COURT: You answered with the facts

12 specific, Ms. Outten. You know, you're talking about

13 burglary and something else and that's not what the law

14 is. Okay? And Mr. Rodriguez has read it a few moments

15 ago what he anticipates I ' l l be giving you as an

16 instruction of the Court. And basically, bottom line is,

17 you know, it's not the innocent bystander. Okay? It's

18 someone has to assist, promote -- I mean, hB gave the

19 definition of the other onAR. That's basically wh~~ tho

20 Law of Parties is and I think we got off a little bit on

21 the other issue.

22 VENIREPERSON OUTTEN: So my understanding,

23 the man sitting .in the car that his intent was to rob

24 should be punished according to robbery and the man that

25 pulls the trigger and murders should be punished according
 Case 4:13-cv-00709 Document 5-18 Filed in TXSD on 05/17/13 Page 68 of 69

67

1 to murder.

2 THE COURT: I don't get the two different

3 charges, where that came into ·the scenario. I guess ---

4 VENIREPERSON OUTTEN: What was your question

5 to me?

6 THE COURT: Pardon?

7 VENIREPERSON OUTTEN: What is your question

8 to me?

9 THE COURT: My question is can you follow

10 the Law of the Parties. Basically

11 VENIREPERSON OUTTEN: Yes, I can.

12 THE COURT: Okay.

13 MR. RODRIGUEZ: We got to Row Number Three.

14 Row Number Four, pertaining to Law of

15 Parties.

16 Row Number Five.

17 Row Number Six.

18 Anyone over here cannot follow the Law of

19 Parties?

20 Again, as far as what we're doing here,

21 first thing and the only thing that concerns you if you

22 sit as a juror is to determine, first off, if the

23 defendants are guilty or not guilty of the offense

24 charged. If the determination is guilty to one or the

25 other or both, then you go into sentencing. And
 Case 4:13-cv-00709 Document 5-18 Filed i!1 TXSD on 05/17/13 Page 69 of 69

68

1 sentencing is done individually based on whatever evidence

2 is brought before you, the degree of their culpability.

3 But right now, we're just talking about Law of P~rties.

4 I'm sorry we got off track there. Apologize for that. I

5 guess you saw an inherent difference in the culpability

6 and thought process. All right.

7 Okay. Earlier I asked about people unable

8 to sit in judgment of others. I mentioned that. One

9 thing I forgot to ask is whether the fact that you cannot

10 sit in judgment, would that preclude you from being fair

11 and impartial in this particular case or any case. So I'm

12 going to ask the people that had answered they cannot sit

13 in judgment of someone else, would that also mean you

14 cannot be fair and impartial in this case. Those

15 Ma'am? Cannot be fair and impartial?

16 VENIRE~ERSON: Yes, I cannot be fair and

17 impartial.

18 MR. RODRIGUEZ: And the lady over here, saiq

19 you cannot be fair and impartial?

20 VENIREPERSON: Cannot be fair and impartial.

21 MR. RODRIGUEZ: Okay. On this side.

22 MR. GILMORE: It would help to identify

23 these people.

24 THE COURT: Let me go back over from the

25 beginning. I had first one was Mr. Espinoza.
 Case .4:13-cv-00709 Document 5-19 Filed in TXSD on 05/17/13 Page 33 of 54

101

1 VENIREPERSON STECKLER: Huh-uh.

2 MR. GILMORE: Okay.

3 VENIREPERSON STECKLER: Did something wrong.

4 MR. GILMORE: And there's nothing wrong with

5 you feeling like that. Okay? There's absolutely nothing

6 wrong with you feeling that way. But you got to tell us.

7 Okay? It just kind of slipped out of your I mean,

8 people were asking these questions and you never raised

9 your hand and then all of a sudden here it came. All

10 right.

11 VENIREPERSON STECKLER: Doesn't mean I would

12 judge them guilty, just means that something's going on.

13 MR. GILMORE: Okay. If that's the way you

14 feel, there's nothing wrong with starting off that way.

15 Okay? But if you don't tell us about it, then we don't

16 know what to do.

17 So is there anybody here who feels the same

18 way Mr. Steckler does, that they start off thinking they
I

19 must have done something wrong; that I'm not presuming --

20 I can't presume them innocent? Raise your hands. I see a

21 lot of heads shaking.

22 Okay. Ms. Cartwright.

23 VENIREPERSON FOSS: Mr. Gilmore.

24 MR. GILMORE: Yes.

25 VENIREPERSON FOSS: I asked you --my name's
 Case 4:13-cv-00709 Document 5-19 Filed in TXSD on 05/17/13 Page 34 of 54

102

1 Tim Foss, Number Seventy-Two.

2 MR. GILMORE: Yes, sir.

3 VENIREPERSON FOSS: You said that y'all were

4 not a team.

5 MR. GILMORE: We're not'a team.

6 VENIREPERSON FOSS: Okay. I believe the

7 Judge said these two gentlemen will be tried in the same

8 case; is that correct?

9 MR. GILMORE: This is going to be one trial.

10 VENIREPERSON FOSS: One trial.

11 MR. GILMORE: One trial.

12 VENIRE PERSON FOSS: But you're not a team.

13 MR. GILMORE: We're not a team.

14 VENIRE PERSON FOSS: Okay, I guess.

15 MR. GILMORE: In other words, to be

16 completely honest with you, I don't care what happens to

17 Mr. Hall. Okay? My interests are for Mr. Pate. Okay?

18 VENIREPERSON FOSS: But you're doing it in

19 the same trial.

20 MR. GILMORE: We're being forced to do it

21 this way. Okay? All right?

22 VENIREPERSON FOSS: Thank you.

23 MR. GILMORE: We would rather not do it this

24 way. Okay?

25 Yes, ma'am.
 . RECORD EXIDBIT # 6

RR VOL5 OF9

2/9/09

JURY TRIAL GUILT INNOCENCE
 ~· .
•
-~· -:

'

,Y ~~~1-" REPORTERS RECORD
~'i' l
J'

VIY ,~~ VOlUME 5 OF· 9
,\I.,
1.1)1

THE STATE OF TEXAS
vs.
CHADRICK B PATE
 --------

1

R E p ,0 R T E R I s R E C 0 R D

3
VOLUME OF _g_ VOLUMES -/

4 Trial Court Cause Number A-08-5080-4-CR

5
THB STATE OF TEXAS * IN THE DISTRICT COURT OF
6 *
'\l'S.. *· ~'2-.P-..\'fc«c.~cc. ~~,.uW~"' , "l~".A.'k~
7 *
CHJ!\.DRICK B. PATE * 36TH JUDICIAL DISTRICT
F

9 JURY TRIAL
G-Cl"fL 1. t/ 'Innocence
10
A P P E A R A N C E S
11
COUNSEL FOR THE STATE:
12 MR. MARCELINO RODRIGUEZ
\~'21 . '1\~'i,.nk 'Ck"D"ir".!
( ASSISTANT DISTRICT ATTORNEY
13
36th Judicial District
1.f Sa!'I' Perc .e-li ci o Coc.crr cy Courtr'lou s e
P. 0. Box 1393
15 Sinton, Texas 78387
~~~~ 3uL-3u4-uLL~
16 Fax:
361-364-4978
SBN:
24046959
1 ;7 00?85?..f1.
....
18 COUNSEL FOR THE DEFENDANT:
\~'1\ . ;:;-c·n.~ 'Ei • 'tii'l.'l,~tfR'E
19 ATTORNEY AT LAW
P. 0. Box 276
20 622 Soa~r'l rancar'lua
Corpus Christi, Texas 78403
21 Tel: 361-882-4378
rax: 3ol-BB2-3o3~
22 SBN: 07958500

23 On the 9th day of February, 2009, the fol~owing
proceedings came on for trial in the above-entitled and
24 nurnbered cause in said Court, HONORABLE JANNA K. WHATLEY,
ige Presiding, held in Rockport, Aransas County, Texas:
25
L Proceedings were reported by machine shorthand.
--------~---------------------------------------------------------
 i

CHRONOLOGICAL INDEX
-----------
VOLUME 5 - -----
( JURY TRIAL -- GUILT/INN--a_·_s_e_c_o_n_d_.__T_h_e_r_e_'_s__
n_o_m_e_t_h_o_d__t_o_m_y_m_a_d_n_e_s_s_.__r_'_v_e__g_o_·_t__,l
 10

1 to keep up with it and I thought it'd be easier for

2 everybody if I just went by numerical order. So that's

3 how we're going to do that.

4 All right. Mr. Turpin.

5 MR. TURPIN: Judge, we would invoke the rule

6 at this time.

7 THE COURT: All right. Ladies and

8 gentlemen --

9 We'll bring them in later I guess. If y'all

10 will advise all the witnesses.

11 MS. CABLE: You want me to·bring the ones in

12 that are here now?

13 THE COURT: Not right now. Let's go ahead

14 and do an opening. Just let them know the rule's been

15 invoked.

16 MS. CABLE: Okay. I ' l l go let them know.

17 THE COURT: Okay. Thank you. We'll do it

18 in a little bit.

19 All right. Ladies and gentlemen, there is a

20 certain rule number and we sometimes -- lawyers forget it,

21 so we've all decided it's called "the rule." And what

22 "the rule" means for us is that that means you may not

2 3 bring other witnesses into the c,o.Hr,t:f.P8N.:c.-t:. O.",;!.\@,B. ~ ..s:·~~.•~tJ_rno.n.Y

That way you get ~air and unbiased

25 testimony so no one says, "Well, I'm going to say the same
 11

1 thing that guy did a minute ago." We don't do that.

2 Neither party may do that during the case. And the

3 lawyers -- the witnesses can't talk to anybody but the

4 lawyers involved in the case. And so that's what that was

5 just now.

6 All right. Mr. Rodriguez, State wish to

7 make an opening?

8 MR. RODRIGUEZ: Yes, Your Honor.

9 THE COURT: All right.

10 MR. RODRIGUEZ: May it please the Court,

11 Counsel.

12 BY MR. RODRIGUEZ:

13 Good afternoon, ladies and gentlemen. Ms. Cable just

14 read the indictment and that indictment serves a good
- .... ·._._ • .; : :___ .:-··~- '~.:;::. 'r .,.;;;__ • ... "·,.:._-:~.::.:.::~.... :--~- ,"',"'-~l- -~5- t'-. ~,·-:.. .-:."~.!:~ -· -· "it'

16 the o f.fens·e·.•.,t hat , ~ re ch..q,-f-9.3-<::l .. and it"~ lS.. ~ lets, Y.?.1l, k_~ow

17 exactly, what __ you' r~ looking at as far as what the offenses
\-' ;: .• - ·- - • • . ___ !; -- J';.;_:·_.--
.:.··:::··::;.~_."" .···-..:_:,~-:... --~:_~---·;,-;_·,--·-: ·:~~-~·-~·-.:-:":~.~:-.·

18 are goir}g.t_o.b_.e,
- . -. . --
.. __·::.
~......

19 Now, at this point in time, I'm going to talk to you a

20 little bit about some of the witnesses you're going to be

21 hearing from over the next couple of days. And to

22 understand, we're going to try to get through this case as

23 quickly as possible, but you have to understand it is a

24 serious case so we're going to take the time that's
i\
25 necessary.
 12

1 Now, we're going to begin basically by telling you a

2 little bit about what happened the night of January

3 the 4th, 2008. We're going to tell you that on or about

4 that time, the address, 909 North Tenth Street in Fulton,

5 Texas, Aransas County -- ~emember, we're talking about the

6 elements -- on or about January 4th, 2008, in Aransas

7 County. The allegations we have here is that the
-~ 11\

8 defendants, "k";_c t in g a 1 one or togethep~with other
~ ::-;r:·.~·.. Y:~~.:--~~:··· .

9 co-defendants --\?cting alone or togethar ,did, then and
··~-;,, .·.... ~.•. :._,.,,,~.·-~ .,., -······;.:,.;~~."

10 there, intentionally and knowingly cause the death of an

11 individual, Aaron Watson, by shooting the said Aaron

12 Watson with a firearm. I
(
\ 13 And, again, in Count Two we're alleging ~he law of
._____.
1 4 ;parties ; that on or · about January 4th, 2008 , in Aransas
··~.·l.. :-:_,_~-~

15 County, Texas, the defendants, acting alone or together,l
./
•• • ••••~ • .p

16 did, then and there, intentionally, knowingly, or

17 recklessly cause serious bodily injury to Aaron Watson by
......

18 shooting the said Aaron Watson with a handgun.

19 And i t is further noted when we talked about this

20 particular indictment that was read to you and the

2 1 defend an t s did, then and there , c Q:fnm. it sa i d · offense wi t h

22 the intent to establish, .maintain, participate in a

23 combination or the profits of a combination collabor~ted·

/ 24 and carried out said criminal activity. Basically
\

25 t·hat··they conspired with each oth~r to commit this
 14

1 They're going to testify that they were living there in a

2 little trailer that's located on the property at 909 North

3 Tenth Street. 909 Tenth Street (sic) is basically a house

4 that belonged to a woman by the name of Jo Ann Budlong and

5 there's a trailer on that property, actually a pull-out

6 area. You'll see a photograph of that in the course of

7 this trial.

8 They're going to tell you that they were living there

9 at that trailer with their dad, Aaron Watson, and their

10 mother, Tracy Lynn Watson. And they're also going to tell

11 you that they know the defendant, Mr. Pate. And that

12 Mr. Pate sometimes lived there. Also that Mr. Pate was

( 13 also involved with Tracy Watson. They were boyfriend-

14 girlfriend. They're also going to tell you that sometime

15 along the line that Mr. Pate no longer started living

16 there, that Ms. Watson, Tracy Watson, was getting back

17 with her husband, Aaron Watson. These girls are also

18 going to tell you about the fact that Mr. Pate had made

19 some threats regarding Aaron Watson, that those threats

20 included bringing his friends over to take care of him.

21 You have to understand that these girls are 11 and 13

22 years old.

23 They're going to tell you that on the particular

24 morning, very early morning, they were home. They're

25 going to tell you they were home with their father and
 15

1 there was no one else was there. Just them and their

2 father~ Aaron Watson. They're going to tell you that on

3 that particular day, men entered their home. Jessica in

4 particular, Jessica Watson, will tell you that she was

5 going to leave that trailer to go right next door just a

6 few feet to her grandmother's house to get some medicine

7 that she normally takes on a regular basis. It was late,

8 but she wa s going to. go get it .

9 She's going to tell you that when she was at the door,

10 these men came in, that one of them was armed with a gun

11 and one was armed with a bat. She's going to tell you

12 that these men came in. She got scared. She ran back to
/
( 13 her room. She stopped before she got to her room, looked

14 to see what was happening, and these men had circled her

15 father. Her father was laying in his bed and they were

16 there. The bed the father stayed at was right next to the

17 door, the entryway. It was a very small trailer.

18 She's also going to say that she was shoved into her

19 bedroom and the door was closed.

20 There's also going to be another little girl, Meghan

21 Watson. She's going to testify that she was there. She

22 was up and she was in her room. She's also going to tell

23 you that Jessica was going to go get her medicine. She's

24 going to say that some men came into her house, circled

25 her father and one had a gun. She's going to tell you
 16

1 that her sister was forced into the room, bedroom, and the

2 door was locked. She's also going to tell you that, after

3 a few minutes, they left out the back door of that

4 trailer. Her little room has a little door that goes out

5 as well. There's an external door that let's them go in

6 and out of that room.

7 They went out that door. And when they managed to get

8 out the door, they saw their father running and that there

9 was some men chasing him. They're going to tell you that

10 one of the men that was ther~ was the defendant,

11 Christopher Hall.

12 You're going to be hearing from the co-defendants.

( 13 Each one's going to take the stand and, again, they're

14 going to talk about what happened that night. They're

15 going to talk about the fact that they-- and I'm talking

16 about "they" being Mr. Underwood, Mr. Tanton and Mr. Ray.

17 Mr. Underwood and Mr. Tanton are going to tell you that

18 they are not from here, not from around here; that they

19 know the defendant, Mr. Pate. They know him as "Sid."

20 They're going to tell you that they were called by Sid to

21 come down and take care of a problem that he had.

22 So those two men along with Christopher
'. ,\,
Hall come down

23 from the Houston area and they drive down here. And

24 they're going to tell you that when they got down here,

25 they met with Mr. Pate along with another man by the name
 17

1 of Ray. They met, they talked, and they discussed what

2 they were going to do. They're going to tell you that

3 they came down here at the request of Mr. Pate and they're

4 going to tell you they were told that there was some

5 people in this trailer that are holding Mr. Pate's wife

6 and kids practically hostages. They were told the story

7 by Mr. Pate.

8 They're going to tell you that, under that assumption,

9 they went into that trailer. And they're going to t~ll

10 you when they went into that trailer, they saw those two

11 little girls. One of them will tell you that they took

12 the little girls and put them in the back room. The other
/
\ 13 are going to tell you that, yeah, they assisted in the

14 assaulting of Mr. Watson. But they're also going to tell

15 you that one guy had a gun, a revolver, and that was

16 Mr. Hall.

17 They're going to tell you that Mr. Hall shot Aaron
...
18 Watson as he sat in his own bed; that after Mr. Watson was

19 shot, he managed to get up and run. One is going to tell

20 you that Mr. Hall chased him. They're basically all going

21 to say that they ran from the trailer after the shot.

22 They were expecting that the police would be called soon

23 enough.

24 They're going to tell you that they finally, after the

25 shooting, met up again in their vehicle. Underwood,
 18

1 Tanton and Hall were all in one vehicle and that Mr. Ray

2 was in another vehicle. But they're all going to tell you

3 that Mr. Pate wasn't in the vehicle after the shooting.

4 They're going to tell you that Mr. Pate, after meeting

5 with them prior to the shooting and after showing them

6 where to go and after telling them what they're supposed

7 to be doing, leaves before the shooting. He doesn't enter

8 the trailer. He takes off out into the woods.

9 So immediately after the sho6ting, after these other

10 men meet up, Underwood, Tanton and Hall decide to head

11 back to Houston. Ray's told to go back and find Pate.

12 Ray says he didn't do that. He said he just goes back and

( 13 gets on horne. Ray's from here, this area.

14 The three men from Houston, Hall, Underwood and

15 Tanton, then leave the area going over the Copano Bay

16 Bridge. Hall's driving the vehicle. Tanton is in the

17 front seat. As they start to go over the bridge, Tanton's

18 going to tell you that Hall asked him to remove his sock.

19 You need to hold the sock open. Bullets were placed in

20 the sock. The handgun is then given to Mr. Tanton, and at

21 some point over the bridge, he's told to throw the gun

22 into the bay along with the bullets. And that's done.

23 The gun is thrown overboard, thrown out the car into the

24 bay.
-.....

25 They're going to tell you sometime later that they
 19

1 found out that Mr. Watson died from the gunshot wound.

2 You'll hear officers testify that around 6:30 that

3 morning, Mr. Watson died of a gunshot wound to the

4 abdomen. Died of internal bleeding. Mr. Tanton's going

5 to tell you that he didn't know the man that died and he

6 confesses to his part in it and he talks about what

7 happened. Underwood's going to tell you that he wasn't

8 aware the man had died, but he, too, then confesses and

9 talks about his part and the other people that are

10 involved. Same with Ray. They're going to testify they

11 heard the man died and they talk about their roles, about

12 their involvement in this shooting and death.
( 13 Tanton, as a matter of fact, takes the investigators

14 to where he believed the gun was thrown. They described

15 it as a thirty-eight revolver, some tape on the handle.

16 Takes them out there to where he believed it was thrown.

17 And even after months, finally a dive team is gathered.

18 The dive team goes out there and, guess what? They find

19 the weapon, thirty-eight caliber revolver.

20 The gun is taken to the lab in McAllen and cleaned up.

21 But the firearms expert, Mr. Hitchcox, is going to tell

22 you that the gun was in very poor condition to begin with.

·23 Being in salt water for that period of time didn't make it

i
24 any better. It would be dangerous to try to fire it. So
I

25 he would be unable to do any type of ballistics. That
 20

1 would require firing the weapon. He's going to tell you,

2 however, that he made a casting of the inside of the

3 barrel. And with that casting and with the bullet that

4 was removed from Mr. Watson, he looked at them. He's

5 going to tell you, though he can't say it's a hundred

6 percent match, it was very similar. Very similar.

7 Now, when the witnesses start coming forward, they'll

8 be in much more detail than I just laid out. Consider the

9 witnesses before you. And, again, most of the State's

10 witnesses will tell you that they reached a plea agreement

11 with the State regarding this.

12 I want to thank you very much, ladies and gentlemen,

( 13 for your time and your attention. I ' l l talk to you again.

14 THE COURT: Mr. Turpin, would you like to

15 make an opening statement at this time?

16 MR. TURPIN: Judge, I waive at this time or

17 reserve opening.
...
18 THE COURT: Mr. Gilmore.

19 MR. GILMORE: I'm going to reserve, Judge.

20 THE COURT: All right. Very good.

21 All right. Mr. Rodriguez, if you'll call

22 your first witness.

23 MR. RODRIGUEZ: I ' l l see if she's (sic)

( 24 here, Your Honor. I ' l l call Huffman.
'·
25 THE WITNESS: (Enters courtroom)
 21

1 THE COURT: Come on up, please, sir, and

2 I ' l l swear you in before you have a seat.

3 Raise your right hand, please, sir.

4 (The witness was sworn.)

5 THE COURT: Have a seat, please, sir.

6 THE WITNESS: Yes, ma'am.

7 THE COURT: For the jury and the record

8 would you tell us your name, please, sir.

9 THE WITNESS: Michael Huffman.

10 THE COURT: All right. Mr. Rodriguez is

11 going to begin with his questioning.

12 MR. RODRIGUEZ: My I proceed, Your Honor?

( 13 THE COURT: You may.

14 MICHAEL HUFFMAN,
having been first duly sworn, testified as follows:
15 D I R E C T E X A M I N A T I 0 N

16 BY MR. RODRIGUEZ:

17 Q. Deputy Huffman, where do you work?

18 A. I'm a deputy sheriff with the Aransas County

19 Sheriff's Office here in Rockport.

20 Q. And how long have you worked with the sheriff's

21 office?

22 A. Four years.

23 Q. And back on January the 4th, 2008, were you on

24 duty?

25 A. Yes, sir.
 22

1 Q. And what shift were you working?

2 A. I was on the 6:00p.m. to 6:00a.m. shift.

3 Q. And what were your duties that particular day?

4 A. I was a patrol deputy.

5 Q. During that shift, were you called out to 909

6 North Tenth Street?

7 A. Yes, sir.

8 Q. And is that located in Fulton, Texas?

9 A. Yes, it is.

10 Q. Is that loc~ted in Aransas County, Texas?

11 A. Yes, sir.

12 Q. What was the nature of your call? Why did you

( 13 get called out there?

14 A. I was in the jail booking in a subject that I had '

15 arrested on county warrants when I overheard

16 communications dispatch Sergeant Harrison to a disturbance

17 in progress. I checked clear from the jail and headed out

18 to that location.

19 Q. And where exactly is that location?

20 A. 909 North Tenth Street, it's going to be --

21 Q. Using this courtroom as this courthouse as

22 being a point of origin, where would you go? How far is

23 it from here?

24 A. I can't give you an exact distance, but if you

25 travel Business 35 north all the way to F.M. 3036 and then
 23

1 past it, you're going to take a left on -- i t ' s either

2 Myrtle (ph) or Mesquite (ph) to Ninth Street, you know,

3 take a right. You're going to be running parallel to

4 Business 35 on Ninth Street. It intersects with what

5 would be Lone Star Road (ph) which makes an S-curve then

6 runs back out towards the south.

7 Q. About what time did you receive this dispatch?

8 A. It was around 2:23 in the morning.

9 Q. What did you see when you arrived there at the

10 scene?

11 A. When I initially arrived on the scene, I observed

12 a young female that was standing in the roadway. The

13 roadway, itself, on North Ninth Street, it runs straight.

14 When Ninth Street starts to take a left and turns into

15 Lone Star Road, Ninth Street continues on and it's just a

16 small dirt road that dead-ends. When I exited off the

17 main pavement onto the dirt road, there was a young female

18 that was standing -- would be to the left of my car.

19 Q. A young female.

20 A. Yes, sir.

21 Q.' Did you identify her?

22 A. All I knew is that she was one of the daughters.

23 Q. You said she was standing in the roadway?

i ' 24 A. Yes, sir.
I.

25 Q. What else did you observe?
 24

1 A. She was very distraught. She was crying. She

2 was real upset. She was screaming. When I exited the

3 patrol unit, I asked her if she was okay and she couldn't

4 tell me anything other than that, "My daddy's been shot."

5 And I asked here, "Where?" She pointed to where he

6 was and I ran out to where he was found.

7 Q. And where exactly did you find him?

8 A. He was in the backyard of a residence. It would

9 be number -- I believe i t ' s 15 Sandra Drive. He was in

10 the backyard. He was maybe twenty-five feet or so behind

1.1 the house laying on his side.

12 Q. When you got to him, was there any emergency

( 13 medical personnel there?

14 A. Not at that time, no.

15 Q. Anyone else there when you got there?

16 A. Officer Spencer Yarnall with the Rockport Police

17 Department; he arrived on location at the same time I did.

18 He and I approached the victim, Aaron Watson. And then a

19 Sergeant Harrison; he arrived just a few seconds later.

20 Q. So the gentleman that was laying there was Aaron

21 Watson?

22 A. Aaron Michael (ph) Watson.

23 Q. Was he conscious?

24 A. He was in and out of consciousness.
(
25 Q. Did you assess him to see what kind of injuries
 25

1 he had?

2 A. I did. Sergeant Harrison and myself, we tried to

3 talk to him. Like I say, he was in and out. He would

4 make a few grumbles, but he really didn't say anything.

5 We rolled him over onto his back and that's when I noticed

6 he did have blood on his hands. The front part of his

7 shirt near his naval on the left side had a little bit of

8 blood on the outside of his shirt. Sergeant Harrison cut

9 his shirt open and that's when we noticed he had a wound

10 from a gunshot that was in his lower left abdomen and he

11 also had one in his leg. I believe it was also in his

12 left leg.

( 13 Q. Did you call E.M.S.?

14 A. Yes. They had already been dispatched to the

15 scene. We were told prior to arrival that Mr. Watson had

16 been shot. We had already called for E.M.S. at that time.

17 They hadn't arrived on scene at that time.

18 Q. Was the fact that you were going onto a scene

19 where a gunshot took place concern you in any way?

20 A. Yes, it did.

21 Q. In what way?

22 A. Well, we didn't know if the actors were still in

23 the area. We had no idea if there was anybody in any of

24 the houses. We didn't know if there was anybody hiding
(
25 behind any houses. We had no idea. And for our safety
 26

1 and the safety of the E.M.S. personnel, we wouldn't want

2 anybody to be on scene but us until we made sure that

3 there was no further danger to the victim, there was no

4 further danger to law enforcement and none to E.M.S.

5 personnel at that time.

6 Q. So what did you do with Mr. Watson?

7 A. When we called for E.M.S., we didn't have an

8 exact arrival time for them because we didn't know there

9 were still suspects in the area. We needed to make sure

10 we had him in a secure location so the E.M.S. could come

11 in and treat him. So we opted at that point in time with

12 authorization from my supervisor, Sergeant Harrison, we
/
l
\ 13 moved Mr. Watson to my patrol unit. I put him in the back

14 seat. Myself, Officer Yarnall and Sergeant Harrison, we

15 all three lift him up, put him in the back seat. I took

16 him out of the immediate area, drove him to or drove Aaron

17 Watson to the Stripes Fulton convenience store which is at
....
18 Cactus (ph) and Business 35 where we waited for E.M.S.

19 Q. You felt it wasn't safe to have him treated there

20 at the scene?

21 A. No, it wasn't because we didn't know if -- maybe

22 there was somebody still in the area that was watching and

23 knew what we were doing that could possibly, you know, we

24 didn't know if anybody was going to shoot at us or try to
(
25 cause any more harm to the victim than was already done.
 27

1 We didn't know.

2 Q. So he was taken to the Stripes Fulton convenience

3 store?

4 A. Yes, sir, where we waited in the parking lot for

5 E.M.S.

6 Q. Did E.M.S. arrive?

7 A. Yes, they did.

8 Q. Did he remain in your vehicle ' t i l E.M.S. arrived

9 or how did that work?

10 A. He did. He was laying in the back seat of my

11 car. They had the back door op~n and I was trying to talk

12 to him. I did talk to him very briefly although he did

13 tell me he was pain. I told him E.M.S. was coming;

14 everything would be fine. He told me -- he kept telling

15 me, he says, "I'm going to die; I'm going to die."

16 And I said, "Well, ·if you're going to die, you need to

17 tell me who killed you." And he wouldn't tell me. We

18 talked about that several times. And then, like I say

19 MR. TURPIN: Your Honor, I'm going to object

20 at this time as to the nariative and ask for question and

21 answers.

22 THE COURT: Sustained.

23 Q. (BY MR. RODRIGUEZ} What -- did he tell you

24 anything?

25 A. He just kept telling me, "I'm going to die."
 28

1 Q. Was he taken to the hospital with E.M.S.?

2 A. He was removed from the patrol car, put on a

3 stretcher. He was placed in the ambulance where he was

4 transported from there to the grassy parking lot area of

5 the Paws and Taws Convention Center in Fulton where we

6 waited for HALO-Flight.

7 Q. So he was HALO-Flighted?
I

8 A. Yes.

9 Q. You know where he was taken?

10 A. I believe he was taken to Spohn Memorial.

11 . Q. After he was removed from your vehicle and placed

12 in the ambulance, what did you do?
( 13 A. I remained with E.M.S. from the time I met

14 them at the Stripes store until we got to Paws and Taws, I

15 stayed on location there until he was taken out by

16 HALO-Flight. I returned back to the crime scene.

17 Q. Did you ride in the ambulance or what?

18 A. I followed in my patrol unit.
?
19 Q. Anyone ride in the ambulance with him?

20 A. Not that I'm aware of.

21 MR. RODRIGUEZ: I ' l l pass the witness.

22 THE COURT: Mr. Turpin.

23 MR. TURPIN: Thank you, Judge.

24 -oOo-
(
25
 29

1 C R 0 S S - E X A M I N A T I 0 N

2 BY MR. TURPIN:

3 Q. Officer Huffman?

4 A. Yes, sir.

5 Q. Good afternoon. I represent Mr. Christopher

6 Hall. I'm going to ask you a few questions.

7 You said you didn't remember the name of the girl that

8 you talked to?

9 A. No, I don't remember.

10 Q. She give you a synopsis of what had happened?

11 A. She did.

12 Q. You didn't write that in your report?
f
\ 13 A. Where i t ' s contained in my report is what I was

14 relayed to from communications.

15 Would you like for me to read what was in the report?

16 Q. No, that's okay. I'm just ...

17 Okay. Now, you also asked Watson if he knew who had

18 shot him; correct?

19 A. That is correct.

20 Q. And, in fact, Mr. Watson would not answer you.

21 A. He didn't answer me, no.

22 Q. Was it because he couldn't or because he

23 wouldn't?

24 A. That I don't know.

25 Q. You said he was in and out. He was saying
 30

1 things; right?

2 A. Yes, he was.

3 Q. Okay. Now, when y'all find him, you said you

4 didn't have adequate time to secure the scene. You called

5 in emergency medical technicians; right?

6 A. That's correct.

7 Q. How many officers did you have on the scene?

8 A. Myself, Spencer Yarnall with the Rockport Police

9 Department and Sergeant Harrison.

10 Q. So you got three officers on the scene. The

11 little girls are there with you or where have they gone?

12 A. There was one that was outside when I got there.

( 13 After I had made contact with her and she told me where

14 her father was, myself and Officer Yarnall went where he

15 was at and then Sergeant Harrison arrived. If he talked

16 to any one of those girls after that, I don't know what he

17 talked to them about .
....
18 Q. So y'all placed Mr. Watson in your car?

19 A. Yes.

20 Q. And how did y'all do that?

21 A. We carried him. We picked him up.

22 Q. Did y'all make a stretcher for him?

23 A. No, sir. We didn't have time.

24 Q. Okay. Well, let me go back to that. You said

25 you didn't have time and you felt the scene wasn't
 31

1 secured. What was so unsecured about the scene? Why did

2 y'all feel insecure? You have three officers there.

3 A. The dispatcher had told us there was between two

4 and five male subjects on the scene. The daughter already

5 told me her father had been shot. We have a male subject

6 that's down. He's been shot twice. We don't know how

7 many people are out there. We don't know what they're

8 capable of. Evidently someone's capable of shooting the

9 victim. Are they capable of shooting us as well or the

10 E.M.S. personnel on scene?

11 Q. Okay. How did y'all get him to the car? Did

12 y'all carry him or did you drag him?

13 A. We raised him up. Myself and Officer Yarnall

14 both got on each side of him, put our hands underneath his

15 arms, up underneath the pit of his arms, placed our hands

16 on his back and we pulled him to the car so that we didn't

17 have to mess with his abdominal area. When we get him to

18 the car, we leave

19 Q. So my question was did you drag himr and you're

20 telling me halfway I guess; right?

21 A. Well, we dragged him.

22 Q. Okay. How f·ar was that to your car?

23 A. Maybe thirty feet, forty feet.

24 Q. Now, at this time I think you've already stated
(
25 you know he's got two wounds you can see for sure; right?
 32

1 A. Yes.

2 Q. Abdomen and you thought leg, too.

3 A. Yes.

4 Q. And how did y'all place him in the car? Did you

5 roll him in or how did y'all get him in?

6 A. We had the back door open to the prisoner

7 compartment. When we pulled him up to where the vehicle

8 was, we had him sitting down on his rump. We had his back

9 against the seat. Sergeant Harrison opened up the

10 driver's side door at the back of the car to crawl through

11 unde.!:!neath --

12 (Interruption by Court Reporter)
(
\ 13 A. (TO MR. RODRIGUEZ) Sergea.nt Harrison crawled

14 through from the driver's side. He reached down there and

15 grabbed him underneath his arms and then we stayed --

16 myself and Yarnall stayed outside the vehicle and helped

17 to lift him ub and pull him into the vehicl~ at that time.

18 He was on his back.

19 Q. Okay. What did y'all do for the two wounds?

20 A. We left them the way they were. There was not a

21 lot of extensive bleeding.

22 Q. In fact, Mr. Watson never would tell you who shot

23 him; right?

24 A. That's correct.

25 MR. TURPIN: We pass.
 33

1 MR. GILMORE: No questions.

2 THE COURT: All right. Thank you.

3 Further questions, Mr. Rodriguez?

4 MR. RODRIGUEZ: No, Your Honor.

5 THE COURT: All right. Officer Huffman, you

6 may step down. The rule's been invoked, so please do not

7 discuss the case with anyone until the conclusion of the

8 trial except for the attorneys involved in the matter,

9 please.

10 THE WITNESS: Yes, ma'am.

11 THE COURT: Thank you.

12 THE WITNESS: Thank you. (Exits courtroom. )
( 13 MR. RODRIGUEZ: May I have a moment, Your

14 Honor?

15 THE WITNESS: (Enters courtroom and is

16 sworn.)

17 THE COURT: That mike will swing closer to

18 you, just do that. And I'm going to let you, for the

19 record and the court reporter, will you please tell us

20 your name.

21 THE WITNESS: Yvette Garcia.

22 THE COURT: Yvette? And is that with a "Y"?

23 THE WITNESS: With a "Y"; Y-V-E-T-T-E.

24 THE COURT: Thank you.

25 You may proceed.
 34

1 Mr. Rodriguez is going to start.

2 YVETTE GARCIA,
having been first duly sworn, testified as follows:
3 D I R E C T E X A M I N A T I 0 N

4 BY MR. RODRIGUEZ:

5 Q. Ma'am, do you live at 13 Sandia Drive or Sandra

6 Drive?

7 A. Yes, sir, I do.

8 Q. Is that in Fulton Texas?

9 A. Fulton, Texas, yes.

10 Q. And do you live there alone?

11 A. No. I live with my husband and my two other

12 children or my two children.

13 Q. And back on January the 4th, 2008, were you

14 living at that address?

15 A. Ye s , 's i r , I wa s .

16 Q. Now, while you were living there, was there some

17 disturbance that woke you up aro~nd 1:45 or so in the
....
18 morning?

19 A. Yes, sir, there was.

20 Q. What was the nature of the disturbance?

21 A. The nature of the disturbance was I was awake. I

22 couldn't sleep that night. I was watching T.V. I turned

23 off the T.V. probably about 12:30, 1:00 --

i
i.
24 Q. You need to slow down just a little bit.
\

25 A. I turned off the T.V. about 12:30 or 1:00 and I
 35

1 was laying in my bed and the dogs were barking just

2 nonstop but kind of used to the dogs barking because
i

3 there's so many dogs down the back alleyway. So anyway,

4 the dogs are barking and I just laid there. Around 2:00,

5 dogs were excessively barking and it was directly behind

6 our rear lot. So when that took place, I was like --

7 THE COURT: Hang on one second; I got a

8 juror needs to turn his phone off real quick for us.

9 All right.

10 Q. (BY MR. RODRIGUEZ) So basically around two

11 o'clock?

12 A. Yeah, around two o'clock the dogs started

( 13 excessively barking. And when that took place, I just,

14 you know, I laid there and thinking, oh go~h, okay,

15 another night without sleeping with the dogs barking.

16 So anyway, around-- a little after 2:00 I heard

17 like. The dogs are really, really barking, but I heard,

18 like, "No, stop, don't do that," and I'm thinking, oh

19 gosh, they're at it again. And what I'm

20 Q. What do you mean "at it again"?

21 A. Well, the whole week prior to this incident in

22 the back, I had called the police a couple of times on

23 that address because there was excessive fighting.

r'\ 24 Q. What address was that?

25 A. 910 North Tenth Street or 912 North Tenth Street.
 36

1 So I had called the police and had some encounters with

2 the back neighbors there for a period of the week prior

3 to. And I had made a couple of calls to law enforcement

4 to come out. And that was the whole week during Christmas

5 really.

6 Q. The week of Christmas?

7 A. Yeah, the week of Christmas.

8 Q. Okay.

9 A. So I was just laying there thinking, okay, the

10 guy's beating up that girl again and ...

11 Q. Don'· t go there.

12 Basically what happened is that there was a

( 13 disturbance.

14 A. Well, there was a disturbance and I just laid

15 there ~hich I feel really bad for now because of the fact

16 that, you know, I laid there for a good five minutes or a

17 little bit more, maybe ten. And I was laying there just,

18 you know, hearing this and all of a sudden --

19 Q. So, now, you were hearing something going on --

20 A. Yeah. I could hear screaming

21 (Interruption by Court Reporter)

22 Q. (BY MR. RODRIGUEZ) You were saying, if I remember

23 corr.ect, you were saying about ten minutes you heard --

24 A. Yeah, about five -- i t was really funny 'cause,
(
'
25 you know, when you're laying in bed, time kind of just
 37

1 goes and I looked at the clock and it was maybe about

2 2:10, 2:12 maybe because I know by the time I came back in

3 after everything had happened, it was around maybe 2:30 by

4 that point. So I'm -- it was after 2:00 when I heard the

5 yelling and the screaming. And what woke me up was the

6 oldest one, Jessica, with this really -- it was a

7 terrible

8 Q. Okay. Let's just back up a little bit.

9 Now, you live next door to 909 North Tenth Street?

10 A. Yeah. Say my house is right here and my lot is,

11 ··~ i k e , r i ght t o t he b a c k o f t ha t chai r t ha t ' s t he r e . And

12 you have a little alleyway, little tiny -- I don't even
( 13 consider it a road. And then you have their location.
\ I

14 wouldn't even ~all it a house. It's just this shack. And

15 that's where it's at. I mean, you can see everything from

16 my back two windows where I reside.

17 Q. And you said -- mentioned a girl by the name of

18 Jessica.

19 A. Yeah. J~ssica did this horrible scream.

20 Q. Okay. Hold on; back up a little bit. In that

21 residence, does a girl by the name of Jessica Watson live

22 there?

23 A. Yes. That's who I'm referring to; Jessica.

24 Q. And is there another girl by the name of Meghan

25 Watson
 38

1 A. Meghan, the little one, yes.

2 Q. Those two girls live there.

3 A. Yes. At that time, yes.

4 Q. Are you familiar with a person by the name of

5 Tracy Watson?

6 A. Yes, their mother.

7 Q. And do you know a person qy the name of Aaron

8 Watson?

9 A. I didn't know Aaron Watson to tell you the truth.

10 And after talking to the girls 'cause they were at our

11 house from, like, 2:30 'til, like, 7:30 that morning, you

12 know, they had told me that the reason why their dad was

( 13 there

14 MR. GILMORE: Your Honor, I object to any

15 hearsay.

16 THE COURT: Sustained.

17 Q. (BY MR. RODRIGUEZ) Did you basically know

18 Mr. Watson?

19 A. Yeah, but -- I've seen him at the house, but I

20 don't know him personally like I knew the others.
"--·

21 Q. You don't socialize --

22 A. No, but all the -- my kids had confrontations

23 with the little ones. You know, the kid neighborhood

24 deal, so ...
(
25 Q. Do you know Chadrick B. Pate?
 39

1 A. I know the name but as far as, you know, him

2 personally, no, no.

3 Q. Don't know him personally.

4 A. No, sir, don't know him personally.

5 Q. Okay. Going back to when we were talking about

6 you said around two o'clock the dogs were barking quite a

7 bit and you laid in bed for about ten minutes?

8 A. I would say just close to about ten minutes.

9 Q. Now, you said the commotion was going on next

10 door?

11 A. Directly behind my rear lot, my lot.

12 Q. Could you hear anything being said?

( 13 A. Yeah. When I got up, I got up and I moved my

14 shades to the side and I saw Jessica outside the -- they

15 have a porch light and I saw Jessica and that's when she

16 was yelling, "Stop, no. II
And the scream was really,

17 really -- it was bad. That's what made me jump up 'cause

18 it was cold that night. Our A.C.s were off. There was

19 nothing on. I mean, I could -- it was just a quiet night,

20 you know. It wasn't quiet at night, but, you know, you

21 can hear, you know, what was going on.

22 So I went over to my daughter's room, you know, which

23 is -- well, we have a small house, and just kind of went

24 over to my daughter's room and opened her curtains and

25 that's when I saw Jessica and I saw her running and I saw
 40

1 one man that was on the porch, but it was a second. And

2 he didn't have very much hair and he just ran. So I ran

3 back to my room, turned on the lights to my bedroom,

4 turned on -- opened the shutters and started pounding on

5 the window, "I'm coming."

6 Q. All right. You said you were able to go to your

7 daughter's room and look out?

8 A. Yeah, yeah. I did before I made a decision to --

9 Q. Can you see the porch?

10 A. Yeah. Oh, yeah, you can see the porch from my

11 house.

12 Q. The porch where Jessica and Meghan --

( 13 A. I only saw Jessie; I did not, see Meghan.

14 Q. But that's the house where they lived --

15 A. Yes. Yes.

16 Q. And what exactly was Jessica screaming? f

17 A. Jessica was screaming right at the porch. But

18 what caught my attention is Jessica started coming towards

19 my rear lot 'cause I don't have a fence in the back. She

20 was coming towards my lot yelling, "Help; call the police;

21 they're going to kill" -- I thought she said they're going

22 to kill her.

23 Well, turns out when I went outside, it was her dad.

24 And when I --my husband jumped up and I told him, "He's

25 going to kill her," because I was assuming that that man
 41

1 was that was living with Tracy was going to hurt her.

2 So we got our shoes on. We ran outside the side door.

3 I turned on my floodlight in the back and you can hear the

4 scuffle. There was something going on out there. And my

5 husband was -- Jessica was screaming. Meghan was -- I

6 didn't know there was another girl there and --

7 Q. Let's slow down a little bit. Meghan was out

8 there as well?

9 A. Yes. That's when Jessica told me, "Help; my

10 little sister's out there trying to help my dad. II

11 Q. Do you know the man that was living with Tracy at

12 the time?
( 13 A. Well, he was a very slender man. The girls told

14 me it was Chadrick Pate that was living with --

15 MR. GILMORE: Your Honor, that's hearsay

16 again.

17 THE COURT: Sustained.

18 Q. (BY MR. RODRIGUEZ) Okay. So that night you spoke

19 with Jessica and Meghan?

20 A. Oh, yeah.

21 Q. You said that Jessica was screaming.

22 A. Jessica was screaming, yes, sir.

23 Q. What about Meghan --
24 A. Meghan? My husband, when we ran out, everything

25 was so -- it was just so chaotic because my girls were
 42

1 awake and they were outside. You have Jessica screaming.

2 My husband was trying to go out towards the back 'cause

3 Jessica said, "They've got a gun to my dad's head; they're

4 going to kill him."

5 I made a couple of calls to the sheriff's department

6 over a period of time. I think maybe three or four.

7 And ... It just -- my husband was out in the back, but I

8 knew there was people out there running. And he was

9 trying to help and that is just the worst thing. I w,as

10 pretty scared myself.

11 Q. So just basically you said. when you looked out of

12 the window, you saw someone running?
( 13 A. There was people running. Oh, yeah, there was

14 people running. But it was dark because in that alleyway

15 there is no light. The only ones that have light is

16 ourselves. We have a floodlight.

17 Q. These people, could you tell if they were male,
....
18 female?

19 That I 'could not, no, knew of Jessica and
.A. sir. I

20 that one man that was in the porch just for a split

21 second. But he was a bigger build. He wasn't skinny, so'

22 you know, I couldn't tell you who it was. But I did -- I

23 did see the running in the dark and the yelling and ...

24 Q. You said you saw people running.

25 A. Yes. There was a couple which I'm going to
 43

1 assume that that was the father and -- not Jessica; she

2 was with me Meghan, maybe some of the other people,

3 because it was so dark. You got to understand; it was

4 really dark. But you can hear -- we had a bunch of leaves

5 in the back -- the running, and it was, you know, it

6 was -- our lot is so little -- I mean, you can even touch

7 my neighbor's house. I mean, and it was my home, a

8 neighbor's home and then the Wrights' (ph) horne where he

9 was resting. So they're very close. They're not huge

10 lots; they~re little lots. So you can hear a lot, but it

11 was just dark.

12 Q. But you can tell there was more than one --

( 13 A. Oh, yeah, yeah. And when my husband took off

14 running, I was yelling for him to come back 'cause I knew

15 there was others out there. But ...

16 Q. More than one person was running.

17 A. Yes.

18 Q. Let's go back. You said you looked out your

19 daughter's window; you could see the porch where Jessica

20 and Meghan lived.

21 A. Yes, sir.

22 Q. You said you saw a person out there?

23 A. Yes.

,: 24 Q. A man.
I
\

25 A. A man.
 44

1 Q. Did you say you saw people running or heard them?

2 A. I saw -- well, from the porch -- you have the

3 porch and the light, so the light -- their porch light

4 lets off a little light a little distance so you can see

5 their car where they park it at night. So that's where

6 you could see people taking off running. But like I said,

7 that area in the back, that alleyway, they head off

8 towards a darker area where just anything can happen at

9 all times. But they take off and they were running and

10 Q. Were they running from the house?

11 A. They were running from the house, yes, sir,

12 towards the alleyway.
/ 13 Q. And there was more than one person.
\

14 A. Yes, sir.

15 Q. Did you ever leave your house?

16 A. Did I ever leave? You mean I went outside

17 when this was all taking place, yes, sir, and I was out

18 there for a period of time.

19 Q. Who were you out there with?

20 A. I was with my husband, Todd, who had went to go

21 look at the victim and he got Meghan back 'cause Meghan

22 wasn't about to leave her dad's side. He got Meghan back.

23 I had Jessica. I had my two daughters and I was trying to

24 get everybody inside, but my husband was persistent on
(
25 going back out. He said, "Yvette, he's been shot on the
 45

1 side. He's bleeding-- "

2 MR. TURPIN: Judge, I'm going to object to

3 hearsay.

4 THE COURT: Just don't tell us anything

5 anybody told you, please, ma'am. Thank you.

6 Q. (BY MR. RODRIGUEZ) So basically your husband went

7 out to where this man was.

8 A. Yes, sir.

9 Q. . What is your husband's name?

10 A. Todd Garcia.

11 Q. Did you see the victim?

12 A. My husband did; I did not. There was -- the
(
I
\ 13 Wrights had a big' grassy area

14 MR. TURPIN: Judge, I'm going to object at

15 this time to her describing what her husband did or didn't

16 see, did or didn't do.

17 THE COURT: I agree. Overruled.

18 You may proceed.

19 Q. (BY MR. RODRIGUEZ) Describe the Wrights'

20 property.

21 A. The Wrights' property is -- there's a little

22 fencing, a l i t t l e fence, and then you have maybe, like, a

23 little bit of grass growing. And it was -- his body my

24 husband -- where I saw my husband's shadow, he was

25 kneeling over was right by thei~ back window, the
 46

1 neighbors' back window. And, I mean, I could tell you

2 what my husband saw, but I wasn't there. I mean, he

3 just

4 Q. Basically you saw your husband leaning over.

5 A. Yeah. Yeah, he was leaning over. And I sa\'11 him

6 because I had my floodlight on at that point. And I

7 turned on my floodlight. When we ran outside to go help,

8 I popped open -- we had open the floodlight that we have

9 so we can look and see what was going on. And, you know,

10 takes about a minute or two for that light to come on.

11 But finally, when it shines, it shines.

12 Q. Your husband was over there leaning over. You're

( 13 assuming i t was Mr. Watson.

14 A. Yeah, because the little girl, Meghan, told me,

15 "My dad's 'been shot. Help him."

16 Q. Now, what happened with Meghan and Jessica?

17 A. What happened with them?
...
18 Q. You were out there at this time. Anyone take

19 them in?

20 A. I did. I was the one that took them in for,

21 like, five hours or so. They were with me from the time

22 of the incident ' t i l 7:30, ' t i l their mother was released

23 the next morning and Mr. Beck and her came to get them.

24 They were with me and my family.

25 Q. And you stated that the girls were pretty
 47

1 distraught?

2 A. Oh, gosh, yeah; very, very distraught along with

3 all of us. We couldn't believe what had just happened.

4 Actually I could, but I never assumed in my backyard. But

5 that house is just --

6 Q. Anyway, going back to the girls, you said they

7 were distraught and upset?

8 A. Oh, yes.

9 Q. And which one told you the dad got shot?

10 A. Both of them. But outside, Jessica was the one

11 that said that someone had a gun to her dad and they were

12 going to kill him. Whenever my husband was bringing
( 13 Meghan back, that's when I found out there was a second

14 one. Well, Jessica said, "Go help -- my sister's out

15 there helping my dad. II
And when my husband was walking

16 back, he brought ' Meghan back. And I really hadn't seen

17 Meghan too, too much. I was more familiar with Jessica.

18 Q. Meghan was in the same kind of condition,

19 emotional state?

20 A. Oh, gosh, yeah.

21 Q. You said the whole incident started around

22 1:45 --

23 A. With the dogs barking down the alleyway, yes,

( 24 sir.

25 Q. And when did the police arrive? Do you recall?
 48

1 A. Oh, gosh. They must have got there -- I'm going

2 to say about 2:25, 2:30 maybe just about. Because I know

3 when I was back inside of course -- i t had to be around

4 2:30 by the time we got back in, the girls were already

5 inside in my home. And a county unit came in the back and

6 a city unit came in the back and they told us just to get

7 inside for our own safety.

8 Q. You said you were able to see somebody on the

9 porch, a male.

10 A. Yes, sir.

11 Q. Did you recognize who that male was?

12 A. Like I said, he was of a bigger build, but, I

( 13 mean, you're not -- I'm not going to be able to say, "Hey,

14 it was such and such person." I mean ...

15 MR~ RODRIGUEZ: May I approach the witness,

16 Your Honor?

17 THE COURT: You may.

18 Q. (BY MR. RODRIGUEZ) I'm going to hand you the

19 statement you gave to Michael Brooks and ask you if that

20 helps you with your memory regarding I asked you if you

21 remember the man that was on the porch.

22 A. What's that?

23 Q. I ' l l ask you if you remember the mari that was on

24 the porch.
(
25 A. That describes pretty much what I saw; but, like
 49

1 I said -- I mean, as far as pin-pointing who that person

2 was, I couldn't do that.

3 Q. Did he look familiar to you at all?

4 A. Who? The man?

5 Q. The man on the porch.

6 A. To tell you the truth, he looked a little ... The

7 night -- the week of Christmas when I had called the

8 police, there was known to me now -- I don't know if I can

9 say this -- Chadrick Pate. The two girls and the mother

10 were sitting on the porch. My girls were outside playing

~1 and they came in yelling that the dad was

12 MR. RODRIGUEZ: May I approach?

13 Don't go into that.

14 May I approach, Your Honor?

15 THE COURT: You may.

16 Q. (BY MR. RODRIGUEZ) Do you know if a man named

17 Chadrick B. Pate lived next door?.
...
18 A. Yeah.

19 Q. Now .. This man, Chadrick B. Pate, is he present

20 in the courtroom today?

21 A. I would say "yes."

22 Q. Please point him out and describe something he's

23 wearing

24 A. I would say that's him right there.

25 Q. Which one?
 50

1 A. I would say that's him because, to me -- of

2 course, i t ' s been a year-- Chadrick B. Pate was of a

3 thinner build.

4 Q. The man there looks familiar to you.

5 A. Like I said, it's been a year. He could look --

6 I mean, I look different. I've gained twenty pounds, you

7 know, honestly.

8 Q. Okay.

9 A. I mean.

10 Q. All right. The man on the porch.

11 A. Yes, sir.

12 Q. Have you ever seen him before?

13 A. That's what I was going to say. The way that he

14 looked looked like a man I had seen out there when I first

15 called -- when I called the police the week prior to. He

16 was with Chadrick B. Pate. And he was just standing there

17 doing nothing in defense of that family. But he did. It
....
18 could have been. But like I said, I'm not.

19 MR. RODRIGUEZ: I ' l l pass.

20 THE COURT: Mr. Turpin.

21 C R 0 S S - E X A M I N A T I 0 N

22 BY MR. TURPIN:

23 Q. Did you hear any sounds other than what you said

24 you heard?

25 A. Did I hear any other sounds? Just yelling.
 51

1 Q. Did you hear a gun go off?

2 . A. That I did not, no, sir.

3 Q. Did you see anybody with a gun?

4 A. No, I did not.

5 Q. Did you see anybody with a pipe?

6 A. No, sir, did not. I --

7 Q. Did you see anybody with a baseball bat?

8 A. No.

9 Q. You also said something about ... You had the two

10 girls with you for about four or five hours?

11 A. Yes, sir; that's correct.

12 Q. You waited until Tracy Watson was released? What

( 13 do you mean by that?

14 A. What I mean by that is the girls were being taken

15 care of by their dad because their mom and their grandma

16 was in jail. So when --

17 Q. Hold on a minute.
......
18 A. That's why their dad was there taking care of

19 them, because their mom and their grandma was in jail.

20 Q. Grandma is?

21 A. Jo Ann Budlong.

22 Q. Tracy Watson and the grandmother~ Jo Ann Budlong,

23 are in jail. Do you know where they're in jail at?

24 A. Whenever my concern was when the girls came

25 over to the house that they were asking who was going to
 52

1 take care of them because, you know, they told me about

2 the mother and the grandmother and that their dad was --

3 had been shot, who was going to take care of them. So I

4 asked one of the law enforcement officers and he said,

5 "We're going to place a call to the Aransas County

6 Jail" -- I believe that's what he told me, Aransas County

7 J a i l - - "and see if we can get them out." It took such a

8 long time because I needed to go to work by 8:00 the next

9 morning and she wasn't released ' t i l about 7:30, 7:40.

10 And so that's why they were with me.

11 Q. Did they release both Tracy and Budlong?

12 A. No. They just released them to Tracy and that's
(
\. 13 all I knew who was released was Tracy. And Mr. Beck came

14 in at the time, Austin (ph) Beck -- or not Austin, his

15 dad, Mr. Beck, Detective Beck.

16 Q. So that ended your care of the kids at that

17 point.

18 A. Oh, yeah. Yeah.

19 MR. TURPIN: I pass.

20 c R 0 s s - E X A M I N A T I 0 N

21 BY MR. GILMORE:

22 Q. You said that there was fighting over at the

23 house the week ...

24 A. It was during the week of Christmas.
(
25 Q. During the week of Christmas. Was it after
 53

1 Christmas?

2 A. No, i t was before Christmas.

3 Q. You said, like, two weeks.

4 A. No. What went on January 4th, i t was the week

5 before prior to the·new year. So maybe i t was. I thought

6 i t was the week of Christmas 'cause we still had lights

7 out.

8 Q. Could have been after Christmas --

9 A. You know, it could have been 'cause we had our

10 lights and so did they and so did the whole neighborhood,

1.1 so.

12 Q. So this fighting that you heard was probably
/
~ 13 after Christmas?

14 A. I don't. You know what? Probably, probably

15 not, because of the fact that

16 Q. 11
Probably,. probably not 11 ?

17 A. Well, you got to understand, i t ' s been a year.

18 It has been a year.

19 Q. Okay.

20 A. And ..

21 Q. So you're not really sure. It was sometime

22 around

23 A.- Yeah, but I'm sure that Aransas County has the

24 records when I called.
(
25 Q. Okay.
 54

1 A. All I know is they had been fighting for a long

2 time. Almost every night and during the day, too.

3 Q. Okay.

4 MR. GILMORE: That's all the questions I

5 have.

6 R E D. I R E C T E X A M I N A T I 0 N

7 BY MR. RODRIGUEZ:

8 Q. You called the police department because of the

9 fighting that took place?

10 A. The sheriff's department, yes.

11 Q. Sheriff's department.

12 A. Yes, sir.

13 Q. You said earlier it was a week before Christmas

14 .or the week of --

15 A. It was the week of Christmas. Like I said, they

16 had their lights on and we had our lights on, too. But,

17 you know, sometimes we don't take our lights down 'til

18 after Christmas. So, like I said, I called in -- I want

19 to say it was the week of Christmas because I remember

20 thinking, those poor girls, what type of Christmas are

21 they going to have, you know. But I remember that,

22 thinking that to myself.

23 Q. All right. So it was around Christmas.

24 A. I'm going to say that, yeah.

25 Q. Do you have an idea who was involved in the
 55

1 disturbance?

2 A. At the time that I called at that point?

3 Q. Yeah

4 MR. GILMORE: Your Honor, unless she knows

5 from personal knowledge, it's hearsay.

6 .A. (TO MR. RODRIGUEZ) It's going to be hearsay

7 'cause whenever I had the girls for several hours and they

8 were talkative.

9 Q. No. I'm talking about the event which -- before

10 Christmas.

11 A. You know, I asked the officer who it was and, of

12 course, he didn't release any information to me.

( 13 Q. You weren't looking over there to see what was

14 going on?

15 A. You could -- I could look over there, but, I

16 mean --

17 Q. Okay.

18 A. She had so many different men.

19 Q. I understand.

20 MR. RODRIGUEZ: I ' l l pass.

21 THE COURT: Mr. Turpin.

22 MR. TURPIN: No further questions.

23 THE COURT: Mr. Gilmore.

24 MR. GILMORE: (Shaking head) Nope.

25 THE COURT: All right. Ms. Garcia, we have
 56

1 something called "the rule'' has been invoked which means

2 you may not discuss this testimony you've made today

3 whatsoever including at home with any of your family

4 members or anyone. The only two parties you may visit

5 with are the State's attorneys or any of the Defense

6 Attorneys until the case is totally over which may be

7 later in the week. The D.A. may request you to keep in

8 touch with them or not. You may go home or go back to

9 work.

10 THE WITNESS: Thank you. (Exits courtroom.)

11 THE COURT: All right. Counsel, will y'all

12 approach, please.
(Interruption by Court Reporter)
(
~\ 13 (An off-the-record discussion was had at the bench.)

14 THE COURT: All right. Ladies and

15 gentlemen, I'm going to ask you to please don't discuss

16 the case with anyone during your break this evening.

17 Again, if anybody asks, "I'm on a criminal trial and I ' l l

18 talk to you about it later."

19 I'm going to ask you to be back here ready

20 for testimony beginning at nine o'clock. Doc's going to

21 show you where we're going to be assembling you over here

22 at the J.P. One courtroom. It's where you'll be going in

23 the mornings so you don't have to be out in the hallway

24 worrying about the witnesses.

25 Camille normally has coffee ·ready. She'll
 57

1 probably put it in there tomorrow because I think Judge

2 Adams has a big docket, doesn't he, the next two days?

3 THE CLERK: Yes, I can put it in there.

4 THE COURT: All right. Okay. If you want

5 to bring coffee or water, cokes, in the courtroom, I'm

6 good with that. Just remember we may take an hour and a

7 half before we take a break, so ...

8 All right. Thank y'all.

9 Please rise for the jury.

10 (The jury exited the' courtroom.)

11 THE COURT: Counsel, if you need anything of

.12 me, I want it done at 8:45. And I want to be sure the

13 defendants are in here by 8:30 in the morning. And then

14 the other guys they're telling me we're going to try to

15 start them at 1:30, or 1:00 or 1:30. We'll _have to sort

16 of massage it.

17 MR. RODRIGUEZ: Actually, I guess I '11 just

18 get all the officers taken care of then.

19 THE COURT: Well, we'll just --

20 MR. ·RODRIGUEZ: It will be in the afternoon

21 when we bring the other guys.

22 THE COURT: Well, we'll see. If things go

23 fast, we'll be going back. We're thinking after lunch for

2 4 Mr . T·a n ton and Ray and Underwood i s what we ' r e thinking .

25 All right, guys. Thank you very much. Do
 58

1 y'all need to talk to your clients any?

2 MR. GILMORE: I do, Judge, but I also want

3 to address an issue and I talked to Mr. Rodriguez about

4 it. In the girls' statements, they talk about extraneous

5 bad acts on my client's part and then they go into his

6 reputation of being a criminal, and I just want them

7 warned not to say that in front of the jury.

8 MR. RODRIGUEZ: I will tell them.

9 THE COURT: All right. Anything else, guys?

10 MR. TURPIN: Judge, I've got a concern that

11 there may not be any way to remedy. I know we discussed

12 it last week on how we were going to proceed as far as
i

( 13 taking people to and from the restroom with the officers.

14 And I just don't want it to make -- I mean, I know we have

15 the officers here, but I just don't want it to seem to the

16 jury that, you know, we have all these officers here and

17 basically steps on the presumption of innocence by having

18 them escort us every time we go back there.

19 THE COURT: Well, you're going to have to,

20 Mr. Turpin. That's just part .of it. In fact, this is

21 better than any other counties most of them have. But

22 y'all are more than welcome to walk with your client like
(

23 you're consulting with them into the jury room. I've made

24 arrangements and we moved the jury. But if you're

25 concerned about it, walk with your client. Like I said,
 59

1 we'll ask the officers to maintain some distance and make

2 sure y'all have some confidentiality.

3 MR. TURPIN: That'll work, Judge.

4 MR. RODRIGUEZ: As far as the Four-Oh-

5 Four-B, we talked about the incident happened on or about

6 Christmas Day. We kind of alluded to it through the

7 witnesses. The girls are going to talk about that. That

8 that's when Mr. Pate was, according to them, arrested and

9 removed from the house. I think that is relevant in this

10 particular case.

11 MR. GILMORE: I don't have any problem with

12 that.
(
\ 13 MR. RODRIGUEZ: But as far as --

14 THE COURT: It's the other junk.

15 MR. RODRIGUEZ: aside from the general

16 thing he talked about, I have no problem with that.

17 THE COURT: All right. Very good. If you

18 think i t ' s going to be just remind them to answer the

19 questions asked. That may help.

20 MR. RODRIGUEZ: I'll-do my best, Your Honor.

21 THE COURT: I understand that. Thanks.

22 MS. CABLE: May we be excused, Judge?

23 THE COURT: Yes, you may.

24 MR. RODRIGUEZ: One more thing, Your Honor.

25 THE COURT: Yes.
 60

1 MR. RODRIGUEZ: We did invoke the rule in

2 this particular case. There is one lady out there that

3 has a husband or a boyfriend that keeps corning in and out.

4 I don't know if they're discussing the case or not. I'd

5 ask --

6 THE COURT: Who is it?

7 MR. RODRIGUEZ: Ms. Bardin (ph) and her, I

8 guess, boyfriend that was in here.

9 MR. GILMORE: What about them? I didn't

10 hear.

11 MR. RODRIGUEZ: Ms. Bardin has a boyfriend

12 that keeps going in and out of here, so I don't know if

13 they're discussing the case or not. I'd like them to be

14 instructed not to if he's relaying information

15 THE COURT: She out there still? Go get her

16 and I ' l l swear her in.

i7 MS. CABLE: I did advise her, but she was

18 rather hostile towards me, so ...

19 Excuse me, Mr. Gilmore?

20 MR. GILMORE: I can't imagine why. You're

21 just prosecuting her son for murder.

22 THE WITNESS: (Enters courtroom.)

23 THE COURT: Hello, ma'am. I need you to

24 come forward. I need to swear you in, please, ma'am.

25 THE WITNESS: (Complies)
 61

1 THE COURT: I've messed' your name up all day
;

2 long. It' is ... Nema, N-E-M-A?

3 THE WITNESS: Nema Bardin.

4 THE COURT: If you'll raise your right hand,

5 please, ma'am.

6 (The potential witness was sworn.)

7 THE COURT: Ms. Bardin, while y'all were

8 outside, we did something called "the rule" was invoked

9 which means you may not discuss the case with anyone

10 whatsoever except for Mr. Turpin, Mr. Gilmore, or either

11 the two attorneys' cases. I know you have a gentleman

12 that's here with you that's been in and out. He's more

(
\
13 than welcome to do that; but, if for some reason he's

14 caught talking to you about the case, you will not be able

15 to testify and I don't think you want that to happen.

16 THE WITNESS: Not a. problem. And just for

17 your edification, the woman in red, I have no idea who she

18 is. I've just seen her over here with Mr. Rodriguez.

19 THE COURT: She's a state's attorney.

20 THE WITNESS: Okay. But she invoked the

21 rule to me outside.

22 THE COURT: Very good. Well, I wanted to do

23 it officially. She told me she had --

24 THE WITNESS: Appreciate that.

25 THE COURT: But I just thought it's better
 62

1 we tell you right up front.

2 THE WITNESS: It's not a problem, Your

3 Honor.

4 THE COURT: Like I said, if you're here to

5 testify, I think you'll do fine.

6 THE WITNESS: Thank you.

7 THE COURT: All right, guys. Thank y'all.

8 Anything else, guys? Guys, girls, people.

9 Mr. Turpin, Mr. Gilmore, why don't y'all

10 maybe turn the table a little bit.

11 Mr. Turpin, you're not talking loud enough.

12 MR. GILMORE: I was going to suggest turning

13 the table tomorrow.

14 THE COURT: Okay. If y'all don't mind, that

15 would be helpful because I kept looking at my jury and

16 they were okay. But I'm thinking if you get tired

17 tomorrow afternoon, you are not going to be heard because

18 I know your voice goes as the day goes on, so ...

19 (There was a discussion off the record.)

20 (Evening recess)

21 -oOo-

22 CONTINUED IN NEXT VOLUME

23

24
(
25
 Case 4:13-cv-00709 Document 5-19 Filed in TXSD on 05/17/13 Page 54 of 54

122

1 THE STATE OF TEXAS }{

2 COUNTY OF ARANSAS }{

3

4 I, SHARON D. ANDERSON, Official Court Reporter in and
for the 343rd Judicial District Court of Aransas County,
5 State of Texas, do hereby certify that the above and
foregoing contains a true and correct transcription of all
6 portions of evidence and other proceedings requested in
writing by counsel for the parties and/or Court to be
7 included in the Reporter's Record in the above-styled and
numbered cause, all of which occurred in open court or in
8 chambers and were reported by me on the designated dates.

9 I further certify that the following exhibits in this
Reporter's Record constitute true and complete duplicates
10 of the original exhibits (excluding physical evidence), if
any, offered/admitted by the respective parties into
11 evidence during the proceedings in the aforementioned and
numbered cause.
12
I further certify that the total cost for the
13 preparation of this Reporter Is Record i s J ..5-7(). o() and
will be paid by Aransas County. -----------
14

15

16 WITNESS MY OFFICIAL BAND this the --~-~ day of

19

20 ~(~allkg~~~-'---
SHARON D. ANDERSON, CSR
21 OFFICIAL COURT REPORTER
343rd Judicial District
22 P. 0. Box 700
Sinton, Texas 78387
23 361-364-6202
361-364-6155 (FAX)
24 Cert. No.: 2650
Exp. Date: 12-31-10

25~----------------------------------------------------------~
 RECORD EXHIBIT # 7

RR VOL60F 9

2/10/09

JURY TRIAL GUILT INNOCENCE
---·--· -----.---·
. :.<
•
~~~--

REPORTERS RECORD

VOLUME 6 OF 9

THE STATE OF TEXAS
vs.
CHADRICK B PATE
 1

1 R E p 0 R T E R I s R E C 0 R D

2

3
VOLUME Co OF VOLUMES

4 Trial Court Cause Number A-08-5080-4-CR

5
THE STATE OF TEXAS * IN THE DISTRICT COURT OF
6
*
VS. * ARANSAS COUNTY, TEXAS
7
*
CHADRICK B. PATE * 36TH JUDICIAL DISTRICT
8

9 JURY TRIAL
Gui~t/Innocence
10
A P P E A R A N C E S
11
COUNSEL FOR THE STATE:
12 MR. MARCELINO RODRIGUEZ
MS. RETHA CABLE
13 ASSISTANT DISTRICT ATTORNEY
36th Judicial District
14 San Patricio County Courthouse
P. 0. Box 1393
15 Sinton, Texas 78387
Tel: 361-364-6220
16 Fax: 361-364-4978
SBN: 24046959
17 00785741

18 COUNSEL FOR THE DEFENDANT:
MR. JOHN S. GILMORE
19 ATTORNEY AT LAW
P. 0. Box 2 7 6
20 622 South Tancahua
(~(-~
( ;____-l ~w
·.i. . \1it§):
Corpus Christi, Texas 78403 I I I /1

'-....'::~/ LJ
21 Tel: 361-882-4378
Fax: 361-882-3635
22 SBN: 07958500

23 On the lOth day of February, 2009, the following
proceedings came on for trial in the above-entitled and
,.
;.'
24 numbered cause in said Court, HONORABLE JANNA K. WHATLEY,
Judge Presiding, held in Rockport, Aransas County, Texas:
25 Proceedings were reported by machine shorthand.
 30

1 MR. GILMORE: Your Honor, I'm going to

2 object. That's based on hearsay. Objection.

3 MR. RODRIGUEZ: It is a lead.

4 THE·COURT: Why don't you rephrase your

5 question.

6 Q. (BY MR. RODRIGUEZ) Based on the information

7 received from Mr. Underwood, was Mr. Pate developed as a

8 suspect in this case?

9 A. Yes, sir.

10 Q. Based on the information that you received in the

11 statement given by Mr. Underwood, was Christopher Hall

12 developed as a suspect?

( 13 A. Yes, sir.

14 Q. Now, there was another person that was looked at,

15 person they refer to as "Dough Boy." Who was that?

16 A. Justin Padgett.

17 Q. And was he eliminated as a suspect based on that
.....
18 statement?

19 A. Yes, sir.

20 Q. Now, one of the suspects developed was a person

21 by the name of Kevin Tanton? Is that correct?

22 A. Yes, sir.

23 Q. Did you have an opportunity to meet with

24 Mr. Tanton?
(
25 A. Yes, sir.
 32

1 A. Yes, sir.

2 Q.· Now, prior to talking to him regarding the events

3 that took place back on January the 4th, 2008, that led to

4 the death of Mr. Watson, did you promise or did Mr. Leal

5 promise anything to Mr. Tanton in exchange for his

6 testimony or his statement?

7 A. No, sir.

8 Q. Do you know of any deal made between him and the

9 district attorney's office?

10 A. No, sir, I don't.

11 Q. N?w, you said there was some suspects that ·were

12 developed during the course of the statement that was
( 13 given to you by Mr. Underwood. The statements made by

14 Mr. Tanton, did you develop any new suspects based on

15 talking to Mr. Tanton?

16 MR. GILMORE: Your Honor, I would object

17 again. This is based on hearsay and it violates Crawford

18 and the Confrontation Clause~ This is a way of trying to

19 get around the hearsay rule. I object to it.

20 MR. RODRIGUEZ: Goes only to the fact that

21 he developed any particular witnesses or suspects --

22 MR. GILMORE: Comes directly from what he

23 was told, hearsay.

24 THE COURT: I ' l l sustain the objection.
(
25 Q. (BY MR. RODRIGUEZ) As to the content of the
 43

1 Underwood -- let me trace i t back. Let me go back to

2 Tracy Watson? Is that correct?

3 A. Yes, sir.

4 Q. As a matter of fact, you were there with Baird?

5 A. Yes, sir.

6 Q. And you asked them or y'all asked her

7 specifically if there was anybody that Aaron might have

8 had problems with or owed money to; right?

9 A. Yes, sir.

10 Q. In fact, she gave you a name, didn't she?

11 A. Doughboy.

12 Q. Justin Padgett.

( 13 A. She said "Doughboy" at the time. She didn't know

14 the name.

15 Q. That's who it was; right?

16 A. That's who it turned out to be, yes, sir.

17 Q. And she said that Aaron owed Padgett or Dough Boy
....
18 money.

19 A. Yes, sir.

20 Q. Said that he owed him, I believe, four hundred

21 dollars; right?

22 A. I couldn't recall how much he owed. Just

23 remember owing money.

24 Q. Okay. You said earlier -- I think the State
(
25 asked you about -- again about Padgett. And I believe it
 44

1 was through Underwood's testimony to y'all that, in fact,

2 after you went through with them that he determined that

3 Padgett wasn't a suspect.

4 A. Yes, sir.

5 Q. Well, wasn't Padgett Dough Boy? Wasn't he, in

6 f,9ct, indicted?

7 A. Yes, sir.

8 MR. RODRIGUEZ: I'm going to object, Your

9 Honor, as to hearsay. The indictment's part of the

10 record; Your Honor.

11 THE COURT: Sustained.

12 MR. TURPIN: Okay.

13 Q. (BY MR. TURPIN) So he was charged; right?

14 A. Yes, sir. There was a warrant for him, yes, sir.

15 Q. In this case.

16 A. Yes, sir.

17 Q. In fact, there was also a photo lineup; correct?
.....
18 A. Yes, sir.

19 Q. That had Mr. Padgett's picture on it?

20 A. Yes, sir.

21 Q. And, in fact, Jessica Watson looked at this photo

22 lineup. Is that correct?

23 MR. RODRIGUEZ: Object to any type of

24 hearsay.
(
25 THE COURT: Sustained.
 --------------------

238

1 THE COURT: Um-hm.

2 (Counsel returned to counsel tables.)

3 THE COURT: All right. -Ladies and

4 gentlemen, there's been an objection made as to basically

5 the nonresponsive of the last question, I guess I'd say,

6 and the response.

7 MR. GILMORE: Response to the question.

8 THE COURT: And the response. Any

9 instruction -- I mean -- excuse me. Any answer that was

10 just made by Mr. Tanton about any conduct on behalf of

11 either defendant is going to ~e stricken from the record

12 and you will not consider it whatsoever.

( 13 Additionally, the same instruction goes if

14 Mr. Tanton says something Mr. Pate said, that cannot be

15 used against Mr. Hall. Do you understand that? You have

16 to only use it against the individual that was making the

17 statement. Okay?

18 Thank you.

19 All right. You may proceed.

20 Q. (BY MS. CABLE) Now, when you went outside, was

21 there a conversation about what y'all were getting ready

22 to do?

23 A. Correct.

24 Q. And who all was involved in that conversation?

25 Who all was there when it took pla,ce?
' '
 239

1 A. Mr. Pate was there. Mr. Hall was there.

2 Underwood was there. Ray was there.

3 Q. Could you tell who was running the show or giving

4 the directions?

5 A. At that time, Pate was telling Underwood and Hall

6 about an easement, the woods that ran behind the victim's

7 house, how to approach it without being seen. You know,

8 basically mapping out how we're going to get up there

9 without a bunch of Aryan Brotherhood dudes seeing us

10 before, you know, we can get in place basically.

11 Q. And just so the jury understands, do the Aryan

12 Circle and the Aryan Brotherhood get along?
(
\ 13 A. Years of animosity.

14 Q. And so even though I guess they're both based on

15 the White race, they don't like each other?

16 A. Correct.

17 Q. Now, after Pate, Chadrick Pate, the defendant,

18 told you where you were going and gave you instructions,

19 did he say anything about the kind of structure that was

20 going to be on this location?

21 A. Could you elaborate the question --

22 Q. Was it, like, a house, a trailer, or where were
~

23 y'all going?

24 A. It was just a house. They were talking about the
(
25 house. I mean, it wasn't really, you know, specified, so,
 240

1 I mean, it was just "his house" is what he was saying.

2 Q. And so Chadrick Pate was saying it was his house.

3 A. Correct.

4 Q. Was there any information given to you and your

5 other members of the gang that who was going to be in this

6 house?

7 A. There was never any name. It was just

8 affiliation, Aryan Brotherhood. That was all I knew.

9 That was all that was told to me. That's all I ever

10 heard.

11 Q. Was there any information given to you by

12 Chadrick Pate about whether anybody was being hurt in that

(
\
13 residence?

14 A. I don't remember anybody being hurt. I just

15 remember it being said that, you know, that there was guys

16 there selling dope out of the house and, you know, he

17 couldn't get them to leave basically. That was ...
...
18 Q. Was there an indication as to the number? One or

19 more than one?

20 A. Yeah. It went from four and five to five and SlX

21 at one time, so, I mean ... Just Aryan Brotherhood
,. guy and

22 some of his -- said his friends, members, whatever you

23 want to call .them.

24 Q. And did the defendant, Chadrick Pate, say that he
(
25 lived at that house?
 241

1 A. Correct.

2 Q. Now, how long would you say you were at that

3 residence there where you had this meeting? How long were

4 y'all there?

5 A. Two hours max.

6 Q. And when you left there, who was in the vehicle

7 with you?

8 A. Mr. Hall, Mr. Underwood.

9 Q. And who was driving that vehicle?

10 A. Mr. Hall.

11 Q. Now, on that particular night, how was

12 Mr. Underwood feeling?

13 A. Mr. Underwood had the flu. He was real nauseous,

14 real sick. You could tell. You could see i t all over

15 him.

16 Q. Now, when y'all left the residence, who was the

17 lead vehicle, yourself or the other

18 A. No, the other vehicle.

19 Q. And do you know who was driving the other

20 vehicle?

21 A. I'm pretty sure it was Anthony driving the

22 vehicle.

23 Q. And that'd be Anthony Ray?

( 24 A. Correct; yes, ma'am.

25 Q. And who was with Anthony Ray?
 242

1 A. Sid. Chad Pate.

2 Q. And when y'all lef~ there, do you know where you

3 went?

4 A. Like I said, I'm not from this area. All I know

5 is we were following a car and I can describe the area for

6 you.

7 Q. What kind of area was it?

8 A. Kind of desolate. I remember going up past,

9 like, a can place that was on the right. We went all the

10 way to, like, this dead-end where there was a bunch of

11 ponds and stuff around. We came back and we parked in

12 front of this wooded easement.

( 13 Q. And which vehicle was leading the way over there?

14 A. I'm assuming it was Ray's vehicle.

15 Q. Who was with Ray?

16 A. Pate was with Ray.

17 Q. Now, when y'all headed over there, you said it

18 was a couple of hours. What time of day or night was it?

19 A. It was midnightish at the time.

20 Q. So was it daytime or dark?

21 A. No. It was dark. It was midnight, around

22 midnight.

23 Q. When you.went to this back easement, what

( 24 happened when y'all got out of the vehicle?
\

25 A. We parked. We got out. And Mr. Pate was telling
---- ----~-

243

1 us how to go through the woods and that, you know, where

2 basically where, you know, the house would be from that

3 particular point where we were at. And where

4 Q. Who led the way?

5 A. Mr. Pate.

6 Q. And

7 A. I mean, we were ...

8 Q. Go ahead.

9 A. We were, I mean, pretty much, you know -- you

10 know, together, I mean, but he was, you know, leading the

11 way, showing us how to get to -- the back way to the

12 house.
(
'·. 13 Q. Were there any lights or anything out there to

14 help y'all see?

15 A. Really not that I can -- not that I remember. I

16 was really dark.

17 Q. On the way to this house where these Aryan

18 Brothers were held up, did y'all stop along the way?

19 A. There was -- right before in eyesight of the

20 little house, there was, like, a dilapidated shed. We

21 held up behind there. And at that time, I guess Pate saij

22 he was going to, like, pull the phone lines I guess. And

23 at that time, you know, i t was pretty app~rent that there

24 wasn't going to be no six or seven Aryan Brotherhood guys

25 there.
 244

1 Q. As you approached, what made you think there

2 weren't six or seven guys there?

3 A. No cars.

4 Q. Were there any lights or any noises

5 A. There was lights on in the house, but, I mean,

6 there wasn't really any noise at all, a T.V. maybe. At

7 that point ...

8 Q. As you approached -- as you approached, what was

9 going through your mind?

10 A. Maybe I'm going to get out of here without

11 getting shot at basically. I felt -- I felt that I had,

12 you know, I felt -- I felt something wasn't right 'cause,

( 13 I mean, you know, i t didn't seem like the situation that I

14 had been told. So, I mean, even-- I wasn't the only one

15 that felt that way 'cause at that time Underwood turned

16 back to Mr. Pate when we were behind that little shed and

17 he asked him, you know, plain as day, "What do you want to
.....
18 see happen here? You know, what do you want us to do?" I

19 mean --

20 Q. What did Pate say?

21 A. He said that he just wants this guy to leave.

22 You know, he wants, you know, he don't want these guys

23 back at his house.

24 Q. Did he indicate it was one guy or more than one
(
, __

25 guy at that time?
 245

1 A. He was saying "guys." I mean ... I mean, there
(

2 was, you know, there was a guy in question. I didn't know

3 his name or anything about him at the time. There was a

4 guy in question, but, you know, his friends were part of

5 the problem, you know.

6 Q. Were you aware -- were you made aware as part of

7 the plan that there were going to be kids in that house?

8 A. Absolutely not. Absolutely not.

9 Q. Would that have played a part in your decision-

10 making?

11 A. I'd have took a bullet myself for leaving the

12 situation. You don't mess with kids. You don't put kids

( 13 in that position. That's, you know, wrong.

14 Q. As you left that little shack and approached the

16 A. What do you mean?

17 Q. What did the trailer look like?

18 A. It was -- looked like a cross between a camper

19 trailer with a house add-on almost. I mean, it was, you

20 know, really small, you know. The closer I got to it, the

21 more I was thinking, you know, I don't think six Aryan

22 Brotherhood guys could even fit in this place.

23 Q. And as you approached, did Mr. Pate indicate what

24 he was going to do?
(
'·.

25 A. He said that he was going to pull the phone,lines
 246

1 before we even, you know -- he started acting really

2 sketchy at this point. He said he was going to pull phone

3 lines. And when we all took off to go to the house, he

4 ran around the house and I didn't see him again really, I

5 mean ..

6 Q. As y'all approached the house, was anybody armed?

7 A. Yes.

8 Q. Who had a weapon?

9 A. Everyboqy had a weapon at that point whether it

10 be, like, a stick-type piece of well, there was,

11 like -- there was all kinds of rubble, like rubbish in

12 front of the house, and everybody just kind of grabbed
I

( 13 whatever was laying around.

14 Q. What sort of weapon did Mr. Hall have?

15 A. He had a pistol.

16 Q. And was that the same pistol he had from his

17 A. From the trunk of the car.

18 MS. CABLE: Your Honor, may I approach'the

19 witness?

20 THE COURT: You may.

21 Q. (BY MS. CABLE) I'm going to show you what's been

22 marked as State's Exhibit Number 23 and ask you if you can

23 identify the contents of this for me.

24 A. Looks identical to the gun. I'm positive that's
(
25 it.
 247

1 Q. And who had this weapon that night on

2 January 4th, 2008?

3 A. Mr. Hall.

4 Q. And is that Mr. Hall the defendant you've

5 identified here today?

6 A. Correct.

7 Q. And as yourself, Underwood, Anthony Ray, Chadrick

8 Pate and Hall approached the residence, what -- how did

9 Hall have the weapon? What was he doing with it?

10 A. He, like, had it tucked to his side right here.

11 Q. And you said everybody had a weapon.

12 A. Correct.

13 Q. Does that mean you had a weapon?

14 A. Correct.

15 Q. What kind of weapon did you have?

16 A. Some little piece 0 f' like, pipe thing I found in

17 the trash can right in front of the house.

18 Q. And did Underwood have a weapon?

19 A. I'm pretty sure he did. I can't remember exactly

20 what it was. I'm not going to sit here and say what it

21 was because I can't remember. But, I mean, I'm pretty

22 sure. I mean, it was a year ago. But, I mean, we all

23 grabbed something before we actually went in.the home
'
24 because we're thinking, you know, there's 'still -- even
(
25 though there's no cars, there's still a possibility of a
 248

1 bunch of guys being in there and they could have been

2 armed.

3 Q. And did you see whether Chadrick Pate picked up

4 anything?

5 A. No, I don't think -- I couldn't say he did. Like

6 I said, by the time we were actually standing in front of

7 the door, I didn't see him anymore.

8 Q. So as you approached the door, Chadrick Pate ran

9 off.

10 A. Correct.

11 Q. Said he was going to go cut the phone lines.

12 A. Correct, which I thought was odd because, if that

( 13 was my house, you know, I would definitely want the guy to

14 see me that I was running off.

15 Q. So who was left as you approached the house then?

16 A. Me, Hall, Underwood and Spooky Ray.

17 Q. Ray's nickname is Spooky?
...
18 A. Correct.

19 Q. And as you approached the house, what happened?

20 A. Right as we -- I guess we're standing, you know,

21 kind of, I guess, reluctant to actually to go in or

22 whatever. The door opened up and there was a female

23 standing in front of the door.

i
24 Q. Could you describe what the female looked like?
\.

25 A. I really can't.
 249

1 Q. And as you see the female inside the door, what's
/
\
2 her reaction when she sees y'all?

3 A. Just kind of, like, shocked, stunned, you know

4 what I mean? And then she could see that, you know, that

5 there was weapons involved. She made a little scream and

6 ran back into the house. And from there, everything

7 happened really fast.

8 Q. So as she runs back in the house, what did you

9 do?

10 A. We all -- we all went through the doors, you

11 know, really quick. Hall told me and Underwood to make

12 sure there wasn't nobody in the back. And as we're going
( 13 back there, there's, you know, there's screaming --

14 there's these girls in there, young girl screaming,

15 "Please don't hurt me, please don't hurt me."

16 Underwood and I both said, you know, "Nobody's going

17 to hurt you." Shut the door on them.

18 Q. And then where did you and Underwood go?

19 A. We went back to the little front of the, you

20 know, by the door where there's, like, a bed/c9uch pull-

21 out type thing.

22 Q. Was there anybody in that room as Y'?ll went in

23 besides the girl? ,,

24 A. There was a man laying on the bed.
(
25 Q. Just one man?
 250

1 A. Yeah, just one man.

2 Q. And when you came back from the girls, what was

3 Hall and Ray doing? What were they doing?

4 A. They were standing over the guy. Hall had the

5 gun pointed at him, like, towards his face. I'm wanting

6 to say like in a pistol whip type motion. I don't know if

7 he actually hit him with the gun, but he was, you know ...

8 Q. Did you feel like Hall was threatening him with

9 the gun?

10 A. Definitely.

11 Q. The guy that was on the bed, was he fighting

12 y'all at that time?

( 13 A. Yeah, he was definitely trying to squirm away,

14 trying to get, you know, trying I mean, he was

15 looked to me like he was trying to reach up for the gun to

16 get it pointed, and he was saying, "Please, I got kids."

17 Q. And did Ray do anything?

18 A. He was hitting him.

19 Q. What was he hitting him with?

20 A. Whatever he had in his hands, stick, po)-e type

21 object thing. I'm not even sure .exactly what it was.

22 Q. And did you see where Ray hit him?

23 A. I mean, he was -- he was standing, like, you

24 know, I don't know how to actually, I mean, he was,
(
25 like -- Hall was on this side and he was on this side and
 251

1 I was coming up towards the middle.

2 Q. Were they closer to the top of the bed where this

3 guy's head was?

4 A. Actually, Hall was towards that side and Ray was

5 towards the other. But by this time, he had done spun

6 around to, you know, like, to face off, you know, so ...

7 Q. And the guy that y'all made contact with, could

8 you describe him? Was he a big guy, little guy?

9 A. Seemed tall. Maybe not really big in build, but

10 he seemed tall, kind .of wiry guy.

11 Q. Did this guy that y'all you went into his house,

12 did he have a weapon?

13 A. Not that I could see.

14 Q. Did you ever hit the guy?

15 A. Yeah. Yes, ma'am, I did. I hit him towards,

16 like, he was -- when he was crawling away, like, when we

17 first went, you know, back towards, you know, I hit him

18 when he was crawling away.

19 Q. Where did you hit him?

20 A. Leg-ish, thigh-ish-type area.

21 Q. And did you see him get shot?

22 A. Yes, I did.

23 Q. And who shot him?

24 A. Hall shot him. Mr. Hall shot him.
(
25 Q. Can you show the ju:t;y how that happened?
 252

1 A. As the guy was, like, turning to face off and

2 squirming away, like, trying -- he was, like, trying to

3 get up to get out the door I guess. Hall -- I mean, Hall

4 shot him. I mean, actually didn't see the shot, but, you

5 know, he had the gun in his hand. I mean, I had just come

6 back from the back side with Underwood and Underwood's

7 standing right behind me and, you know, the shot. And

8 then I see the guy get up and, I mean, I could actually

9 see the wound, the puncture. I mean, it was, like, above

10 his on his side right here kind of up, like, waist

11 area.

12 Q. And when you saw that wound, who had the gun in

( 13 his hand?

14 A. Hall had the gun.

15 Q. And that's the defendant in this case --

16 A. Correct.

17 Q. Mr. Hall. And when the guy gets shot, what

18 does he do?

19 A. He bolts straight out the door.

20 Q. And as he ran out the door, did you ever see Hall

21 fire at him again?

22 A. No.

23 Q. Did you ever see him try to fire at him again?
24 A. He had -- I mean, he was running behind him, but,

25 you know, I can't say he tried to fire at him again or
 259

\.r~~~:~:" j":;;··;x":~:~~~:c·~:u:~::~:',·;~t:";}::~~h there was a
2 discussion off the record.)
. . .
'
3 THE COURT: 'Okay. Go ahead.

<1.1-

5 out in the audience over here. I believe it's --

6 THE COURT: Where?

'7...

8 was Mr. Watson's family.

9 TBE COURT: Mr. Who?

l.Q. MB.__ G.!...tJtU).'B.E._!__ W.ar-~c.o.._

I
11 :MS. CABLE: His mother and his grandmother.

12 It I s his mother. They're here with the little girls.

13 They're custodians.

14 MR. GXLMORE: But anyway, one of the people

15 sitting behind the Watsons, his mother and father, said --

16_ pointed over to my client and said~ "He's in iail. I know

17 he ';3 in jail because I can see his leg brace." And it was

18 said where the jury could hear it. And I just want them

19 instructed not to be makinq statements in front of the

20 jury.

21 THE COURT: I don't want anybody -- ahybody

22. that's involved with the witness or whatever does not need.

23 to lbe making any comments whatsoever about the case while

24 they're sitting in the courtroom.
 260

Rodriguez

MS. CABLE: I don't know who was talking.

Who said that?

THE BAILIFF: That's the C.P.S. girl.

5 MS. CABLE: Okay, 'cause it wasn't our

o-·· wi c nesses. rt wasn ...-t anyooa'y r nave contro..C over. ·rre ··..ci
7 make the instruction and, for the record, I didn't hear

8 thern make any comment.

·rln':' cacn:c-r:
1:1: the witness list.

11 THE CLERK: Stephanie?
~12· .f"d".li" CQQR.f".'

13 l i s t . If that was her; I don't know--

14 THE CLERK: I think that's her name.
, c:
....!-''

16 going to get to be in the courtroom.

17 MS. CABLE: Not our witness anymore, Your

19 MR. RODRIGUEZ: She was basically having

20 custody of the children, so that's why she was on the

2 2 permanent basis.

23 MS. CABLE: I don't think we're planning on

25 MR. RODRIGUEZ: We weren't planning on
··--·--------------------------------------::.
 261

1 calling her, Your Honor.
l.
2 THE COURT: You're going to have to check

3 with triem, guys, at trie ~bor.

4 THE BAILIFF: Yes, ma'am.

5 THE COURT: Would be C.P.S.

7 (There was a discussion .off the record.)

8 THE COURT: Just for the record, gentlemen,

10 criminal history. I've reviewed Mr. Leal's --no, no.

11 wh. 0 i s t hi s?

13 THE COURT: I'm sorry; Ray's. There's ...

14 one felony conviction it looks like. Is that what y'all

_.1_S,l

16 MR. RODRIGUEZ: On?

17 'l'HB COURT: Mr. Ray. It's a conviction for

L9 I don't know if that's the cocaine charge or not; I don't

20 kn:o·w . Less than a gram on him.

...?}.

22 (&xamining document/s). He's got a felony theft,

23 Mr. Underwood does, guys.

25 THE COURT: Mr. Underwood has a felony
 264

1 THE STATE OF TEXAS }{

2 COUNTY OF ARANSAS } {

3

4 I, SHARON D. ANDERSON, Official Court Reporter in and

for the 343rd Judicial District Court of Aransas County,

State of Texas, do hereby certify that the above and

foregoing contains a true and correct transcription of all

portions ~f evidence and other proceedings requested in

9 writing by counsel for the parties and/or Court to be

10 included in this volume of the Reporter's Record in the

11 above-styled and numbered cause; all of which occurred in

12 open court or in chambers and were reported by me on the

( 13 designated dates.

14

15
~M
WITNESS MY OFFICIAL HAND this the :::::...2 ____ day of

16

17
q
----
U)/\iL_
-----~------'
20_03_.

18

19 ~~~<;::)_~--
SHARON D. ANDERSON, CSR
20 OFFICIAL COURT REPORTER
343rd Judicial District
21 P. 0. Box 700
Sinton, Texas 78387
22 361-364-6202
Cert. No.: 2650
23 Exp. Date: 12-31-10

24

25
 RECORD EXIDBIT # 8 ,

RR VOL7 OF9

2/11/09

JURY TRIAL GUILT INNOCENCE
 ,, If
.·I
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•

• REPORTERS RECORD

' VOLUME 7 OF 9

THE STATE OF TEXAS
vs.
CHADRICK 8 PATE
1' ''

(\X.). \ ~fL ....:. . . -\ 6 ciI V\1!.,.1~ \ c:d :=..-vt 'o· --~- {/~ . (_/j-<._~"1/l c) ~t c.t'
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1

1 R E p 0 R T E R I s R E C 0 R D

2
VOLUME OF
q VOLUMES
3

P.f'
'·, I
4

5
Trial Court Cause Number A-08-5080-4-CR

THE STATE OF TEXAS * IN THE DISTRICT COURT OF
•• 6 *
VS. * ARANSAS COUNTY, TEXAS
7 *
• CHADRICK B. PATE * 36TH JUDICIAL DISTRICT
8

9 JURY TRIAL
Gui~t/Innocence
10
A P P E A R A N C E S
11
COUNSEL FOR THE STATE:
12 MR. MARCELINO RODRIGUEZ
MS. RETHA CABLE
13 ASSISTANT DISTRICT ATTORNEY
36th Judicial District
14 San Patricio County Courthouse
P . . 0. Box 1393
15 Sinton, Texas 78387
Tel: 361-364-6220
16 Fax: 361-364-4978
SBN: 24046959
17 00785741

18 COUNSEL FOR THE DEFENDANT:
MR. JOHN S. GILMORE
19 ATTORNEY AT LAW
P. 0. Box 276
20 622 South Tancahua
Corpus Christi, Texas 78403
21 Tel: 361-882-4378
Fax: 361-882-3635
22 SBN: 07958500

23 On the 11th day of February, 2009, the following
proceedings came on for trial in the above-entitled and
24 numbered cause in said Court, HONORABLE JANNA K. WHATLEY,
Judge Presiding, held in Rockport, Aransas County, Texas:
25 Proceedings were reported by machine shorthand.
 58

1 knew about Underwood and he said "no," so I'm. going to ask

2 if he made the statement, Judge.

3 THE COURT: Not how you do it.

4 MS. CABLE: He needs to ask him if he can --

5 if seeing his statement would help refresh his memory and

6 give him an opportunity to do that before he can read the

7 statement into the record.

8 MR. GILMORE: Okay.

9 Q. (BY MR. GILMORE) Obviously seeing the statement

10 might help you refresh your recollection since you don't

11 remember.

12 THE COURT: We need a response, Mr. Tanton.
( 13 Q. (BY MR. GILMORE) You need to answer. Do you need

14 to read this?

15 A. I guess, yes, sir.

16 Q. Then read this right here.

17 A. (Complies). Yes, but that was -- that was after,
...
18 you know, that had happened. That was a discussion after

19 it had happened.

20 Q. Okay. Before you went·b-o the trailer, you did

21 not know that Underwood had been there previously?

22 A. I knew h~ had been there, but I didn't know

23 anything about girls there. I didn't know anything about

24 kids there.

25 Q. So when you say that you were told by your major
 90

1 A. Yes, ma'am.

2 MS. CABLE: Your Honor, may I publish

3 State's Exhibit Number 36, 37 and 38 to the jury?

4 THE COURT: Yes.

5 MS .. CABLE: (Tendering document/s).

6 Q. (BY MS. CABLE) Now, when you got to that house

7 with the lightning bolts, how were you feeling at that

8 time?

9 A. Sick.

10 Q. What kind of symptoms were you having?

11 A. Just real bad cough and fever.

12 Q. So dld you go anywhere to try and get some

( 13 medication?

14 A. Yes, ma'am.

15 Q. And who took you?

16 A. Ray.

17 Q. And did y'all go in your car or his car?
...
18 A. His car.

19 Q. And do you know where you went?

20 A. To a stop-arid-go by Wal-Mart.

21 Q. And what did you go in and get?

22 A. Some Thera flu.

23 Q. When you left to go to the stop-and-go to get

24 some Thera flu, who stayed back at that house .with the SS?

25 A. Tanton, Mr. Hall and Mr. Pate.
 91

Q. Was there anybody else there at that house --

--2 A. There was some girls inside.

--3 Q. When you got back to that house there, were there

4 any discussions about what was going to happen next?
'--,
5 A. No. I just -- I don't remember exactly what was~
D
6 said.

7 Q. Do you recall if anyone was given directions or

8 not?

9 A. Just how we were going to go up on the house.

10 That's about it.

11 .Q. Who was doing that?

12 A. Mr. Pate.

( 13 Q. Do you remember what directions he gave you?

14 A. No, ma'am. I didn't remember at the time.

15 Q. And after Mr. Pate gave you the directions to go

16 to the house, di·d you know what you were supposed to do at

17 the house?
...
18 A. It wasn't clear. I mean, at that time it wasn't

19 clear.

20 Q. Did you know how many people were supposed to be

21 there?

22 A. He said "a few."

23 Q. And who's "he"?

24 A. Mr. Pate.

25 Q. Did he say if these -- a few people if they had

~\
\ ."~ .
 95

1 A. People were probably asleep or something.

2 Q. Did it look like there were a bunch of Aryan

(3 Brotherh6od there?
\
\~/
4 /'
,~~'
A. -"- No,
I
rna am.
'-.._

5 Q. ~-------
And was that your understanding, there was

6.supposed to be?

7 A. Yes, ma'am.

8 Q. And so what was going through your mind as y'all

9 stopped behind that shed?

10 A. That this whole trip was bullshit. Excuse my

11 language.

12 Q. That's all right. And so did you ask Pate

13 anything at that time?

14 A. What he wanted done.

15 Q. So who was giving directions out there that

16 night?

17 A. Pretty much Mr. Pate.

18 Q. And what did Mr. Pate say he wanted done?

19 A. Said he wanted the dude there ran off.

20 Q. Said "the dude"?

21 A. Uh-huh.

22 Q. Did he ever give you a name?

23 A. No, ma'am.

24 Q. At this time, did you see whether Mr. Hall had

25 his gun?

\)~10\~
 96

1 A. I didn't see it at that time, no.

2 Q. Did you have a weapon?

3 A. No, ma'am.

4 Q. Did anybody else have a weapon that you saw?

5 A. Not that I was paying attention, no, ma'am.

6 Q. As y'all approached the trailer, what happened?

7 A. I walked up to the trailer.

8 Q. Why did you do that?

9 A. I was going to open the door.

10 Q. And did you operi the door?

11 A. No. I started to open the door, but a little

12 girl opened the door.
(
/13 14
Q.

A.
And where was Mr. Pate at that time?

He walked around the other side of the hDuse I

/ 1 5 think to pull the phone lines or something.

16 Q. And where was Mr. Tanton at that time?

17 A. They were all behind me. I don't know for sure.
.....
18 Q. So you were the first one up to the door.

19 A. Yes, ma'am.

20 Q. You said that Mr. Pate went to go pull some phone

21 lines?

22 A. Yes, ma'am.

23 Q. Did you see where he ·went from there?

24 A. He went to the side of the house, not the

25 trailer, and did something. Then he started walking,
 97

1/like, towards the woods.

2 Q. Did he stay with y'all?

3 A. No, ma'am.

4 Q. So he didn't come back to that location.

5 A. No, ma'am.

6 Q. Was that part of his plan?

7 A. I have no idea.

8 Q. Were you aware he was going to leave?

9 A. No; ma'am.

10 Q. Whose idea was it for y'all to be out there that

11 night?

12 A. His.
( 13 Q. Who's "his"?
'

14 A. Mr. Pate's.

15 Q. As you and, I guess now there's four guys, you

16 and three other guys approached the front of the trailer,

17 can you tell whether anybody's armed at that time?
18 A. No 1 rna f am.
•

19 Q. Did you know whether Mr. Hall had his weapon at

20 the time?

21 A. I knew he had it, but, no.

22 Q. Did you see anybody else pick up any other

23 weapons?

24 A. Not that I remember.

25 Q. Did you pick up a weapon?
 194

1 A. My mother's.

2 Q. And what kind of vehicle was that?

3 A. A red Ford Focus.

4 Q. And who was driving that vehicle?

5 A. Me.

6 Q. And where -- and who was with you?

7 A. Chad Pate.

8 Q. Where was he in the vehicle?

9 A. Passenger side.

10 Q. And did there come a time on that night of

11 January 4th -- January the 4th, 2008, that you had an

12 occasion to meet up with Underwbod, Hall and Mr. Tanton?

( 13 A. Yes, ma'am.

14 Q. And where did that first take place?

15 A. Well, Chad had my cell phone and he received a

16 call from him saying, "Well, hey, you know, we're in

17 Rockport. Where do we meet you at?"

18 And we found out they were going down that highway,

19 and I told Chad, "Well, let's meet them at the end of the

20 street."

21 And so we went down to the end of the street and, when

22 we asked them, "Well, hey, do you see us?"

23 "Yeah, we see you."

24 So they turned down where we were parked and we led

25 them back to the house.
 195

1 Q. Do you know who Mr. Pate talked to on your cell

2 phone?

3 A. I believe it was Chris.

4 Q. Is that Chris Hall, the defendant?

5 A. Yes, ma'am.

6 Q. And when you first saw the vehicle that Hall,

7 Underwood and Tanton were in, could you tell who was

8 driving that vehicle?

9 A. I can't remember.

10 Q. And when you all left, I guess, the side of the

11 road and met up with them, where did you go?

12 A. Well, we went back to that house on.

13 Q. Sawyer Lane?

14 A. Sawyer Lane.

15 MS. CABLE: Your Honor, may I approach the

16 witness?

17 THE COURT: You may.
...
18 Q. (BY MS. CABLE) I'm going to show you what's been

19 marked as State's Exhibit Number 36, 37 and 38 and ask you

20 if you recognize these for me.

21 A. Yes, ma'am.

22 Q. And is that the house that you went to on Sawyer

23 Lane that night?

24 A. Yes, ma'am.

25 Q. And I believe on the shed in State's Exhibit
 196

1 Number 37 there appears to be something on that shed.

2 Could you tell me what that is?

3 A. Those are SS lightning bolts.

4 Q. And does that mean anything to you?

5 A. Yes, ma'am. That's ... With a circle around it,

6 that's kind of, like, an Aryan Circle patch.

7 Q. Okay. When you got back to that house there on

8 Sawyer Lane, did you have occasion to learn where you were

9 going and what y'all were getting ready to do?

10 A. Yes, ma'am. Well, we had hung out there a little

11 bit and then we went outside and ...

12 Q. Did Mr. Pate tell y'all where you were going?

( 13 A. Yes, ma'am. He told us we were going back to

14 that trailer that we had gone to before and he was just

15 telling us, "Hey, we're going to go run these dudes off,"

16 you know.

17 Q. Going to go run what?

18 A. "Run these guys off."

19 Q. At that point, were you expecting violence?

20 A. Well ... Yes, ma'am.

21 Q. Now, did Mr. Pate give directions on how to get

22 to that house while y'all were there?

23 A. Yes, ma'am.

24 Q. What did he say?

25 A. Well, we just jumped in the car and he just told
 197

1 me, you know, "Turn here, turn here." And then the other

2 guys were following us.

3 Q. And can you describe for the jury the area where

4 this trailer was located?

5 A. Well, I'm not too familiar with the area there,

6 but I know we parked on the side of the road somewhere and

7 we went through these woods, under this barbed wire fence

8 through these woods and there's, like -- i t ' s kind of a

9 woody area like grass and there's other trailers here and

10 there or houses or whatever they were, but ...

11 Q. Do you know -- was i t a short distance or a long

12 distance from the road to where the trailer was?

( 13 A. Short.

14 Q. Was it well-lit?

15 A. No.

16 Q. Was i t daytime or nighttime?

17 A. Nighttime.
.....
18 Q. Do you know what time of night it was?

19 A. Somewhere ~round 2:00 in the morning, 3:00 in the

20 morning or somewhere around there.

21 Q. Now, when you all got out of the vehicle, who led

22 the way up to the trailer?

23 A. Chad.

24 Q. Okay. And that's Chad Pate, the defendant?

25 A. Yes, ma'am.
 198

1 Q. And as y'all approached the trailer, did y'all

2 stop anywhere along the way?

3 A. Yes, ma'am. We stopped behind this little shed

4 thing I guess to see, like, how we were going to approach

5 the trailer.

6 Q. Was there ever any discussion about what was

7 going to happen at that point?

8 A. Well, Chad was saying -- he said, "Well, I don't

9 want them to see that i·t' s me," you know.

10 So he kind of started to trying to back out and, you

11 know, we were just kind of thinking, like, Well, are we

12 going to storm up in there? Are we going to knock on the
(
\ 13 door and call them out? You know, how's this going to go,

14 you know.

15 And Chad said, "Well, Spooky, you know, you go around

16 back and cut the phone lines," and, like, well, I don't

17 really know what to look for .
...
18 And Chris Hall told him, "Man, you live here. You go

19 back around there."

20 So he went back around there and did whatever and ...

21 Q. What did y'all do as Chad Pate went around to cut

22 the phone line?

23 A. Well, from there we just kind of winged it, you

24 know. We just kind of snuck up there and just walked in.
I
\.
25 Q. When you got to the residence, can you describe
 199

1 what it looked like as far as did i t look like anybody was

2 there?

3 A. Well, we saw lights on, so we figured somebody

4 was there, and we heard, like, voices, like a T.V. And so

5 we knew people were there.

6 Q. When Mr. Pate went around the building to cut the

7 phone lines, did you see where he went from there?

8 A. Yes, ma'am. He ran through this grassy field,

9 looked like he was limping, and he went into the woods.

10 Q. Did you see him again after that?

11 A. No.

12 Q. As -- so I guess who's left is you, Tanton,
(
\ 13 Underwood and Hall?

14 A. Yes, ma'am.

15 Q. So what happened at that point?

16 A. Well, we went into the trailer and there's a

17 little girl --

18 Q. Let me back you up.

19 A. Okay.

20 Q. How did y'all get in the trailer?

21 A. Well, we all kind of, like, snuck up to the door,

22 and I'm not sure if Underwood pulled the door open or if,

23 I mean, or if the little girl -- the little girl was right

24 there at the door. She might have pushed the door open~

25 The door came open and we just walked in.
 200

1 Q. What was the reaction of the little girl when

2 y'all walked in?

3 A. She didn't look scared. She looked surprised

4 like, you know, and she was, like, "Oh, hi, Underwood."

5 And, well, then, when she saw, you know, we were just

6 kind of, like, walking in there and I guess menacingly,

7 they kind of started freaking out.

8 Q. What happened to her? Where did she go?

9 A. Well, I'm not sure if it was Underwood-- by then

10 I was already on one side of the bed and Chris Hall was on

11 the other and I didn't see exactly who it was. It was

12 Underwood or Tanton that took the two little girls into
I
\~..._ 13 another room and I guess to keep them out of danger, you

14 know. And then it was just me and Chris Hall and whoever

15 else. But he was, like, off over there, so I couldn't

16 really see who it was.

17 Q. So you couldn't tell whether it was Underwood or
....
18 Tanton.

19 A. No.

20 Q. When you went in the residence, where did you go

21 first?

22 A. I went around on the other side of the bed, like,

23 I guess the side furtherest from the door.

24 Q. Did you see somebody in that room?
~
25 A. Yes, rna' am.
 201

1 Q. Did you know that person?

2 A. No.

3 Q. And where did Christopher Hall go?

4 A. He went on the other side of the bed and sat down

5 on the bed with him.

6 Q. And when was the first time you saw that

7 Christopher Hall had a gun?

8 A. When he sat down on the bed with him.

9 Q. Can you show the ladies and gentlemen of the jury

10 what he was doing with the gun?

11 . A. He just sat down next to him and had the gun

12 pointed at him and was saying, like, "Well, what's your
[
\ 13 name, dude," you know.

14 Q. Did y'al1 know the name of the person you were

15 looking for?

16 A. By then, yes.

17 Q. Who had told you the name of the person?

18 A. Chad.

19 Q. Is that the defendant, chad Pate?

20 A. Yes, rna' am.

21 Q. And what name did he give you?

22 A. Aaron.

23 Q. And so what did Chris Hall say when he sat down

24 on the bed with this man?

25 A. Just, "What's your name," you know. Just kept
 202

1 asking him what his name was.

2 Q. What was this man's reaction when y'all came in?

3 A. He was just saying, like, you know, "Whoa, I

4 don't know you guys. What are you guys doing in my

5 house," you know. And, "Whoa, hey, let's talk about

6 this," you know.

7 Q. Did the man on the bed have a weapon that you

8 saw?

9 A. No.

10 Q. And did you have a weapon?

11 A. No.

12 Q. Could you tell whether Underwood had a weapon?
(
\. 13 A. I didn't see him with one.

14 Q. And could you tell whether Tanton had a weapon?

15 A. I didn't see him with one.

16 Q. So what happened when you and Hall were sitting

17 on the bed with Aaron Watson?
....
18 A. Well, I wasn't sitting on the bed; I was

19 standing. But he kept asking, you know, "What's your

20 name?"

21 And I asked him, you know, "What's your name, dude,"

22 you know.

23 And, well, he wouldn't give up his name, and Chris

24 Hall -- he didn't hit him with the gun; he just tapped him

25 on the head with the gun and was, like, "Come on, dude;
 203

1 what's your name?"

2 And, well, I got impatient and I punched him in the

3 face and I --

4 Q. With your hand?

5 A. With my hand.

6 Q. Was it an open hand or a closed fist?

7 A. Closed.

8 Q. And how many times did you hit him in the face?

9 A. Two or three times.

10 Q. And was it all in the front of the face?

11 A. No. In the front of the face and in the back of

12 the head.
/
\. 13 Q. And then what happened?

14 A. Then, well, Chris puts a gun to him. It looked

15 to me like he put it under his leg at the time. I t-hought

16 he had put it under his leg. I guess not. But, anyway,

17 he puts the gun up to him and he puts a pillow on it and
...
18 then, you know, "pop," you know, "bang," you know. Didn't

19 really sound that loud but ...

20 Q. What was Aaron's reaction when you heard the pop?

21 A. Well, he didn't -- he acted like he didn't even

22 get shot. He just went, "Ah, ah," and jumped up, and then

23 there was just mass chaos.

24 Q. What happened? What did he do?

25 A. Well, he jumped up and he started, you know,
 204

1 going towards the door and he was intercepted by everybody

2 else and he's getting beat up and I'm looking for a way,

3 you know, everybody's just clumped up at the door and

4 Aaron Watson's trying to get out and there's this horrible

5 little dog and he jumps up on the bed and he starts biting

6 me and so ..

7 Anyway, Aaron Watson makes it out the door and then

8 everybody else just kind of funnels out the door and then

9 I go out the door.

10 Q. So who was the first person out the door?

11 A. Aaron Watson.

12 Q. And could you tell where he went?
(
\ 13 A. No. He vanished.

14 Q. Okay. And when you went out the door, where were

15 you going?

16 A. I was running. I went down this grassy field and

17 I wasn't even sure if that was the direction of, you know,

18 where I was -- where I'd parked, you know. But I was

19 running down this grassy -- it wasn't a field; it was like

20 a -- I don't know what you would call that -- like a

21 grassy road, and back to the vehicle.

22 Q. Did you see where Mr. Underwood went?

23 A. He was right behind me.

24 Q. And what about Mr. Tanton?

25 A. I figured he was right behind me.
 205

1 Q. What about Mr. Hall?

2 A. I figured he was right behind me, too.

3 Q. When you got back to the vehicles, did you see

4 him again?

5 A. Yeah, we were all there.

6 Q. And did Mr. Hall have the weapon with him?

7 A. I didn't see him with it, but I figured he did.

8 Q. And what did y'all do at that time?

9 A. Well, Chad had disappeared, so I was the only one

10 in the vehicle that I was in and, well, they had took off

11 over the bridge and I didn't know they were going, but ...

12 I guess I just kind of followed them and I'm not sure why.

( 13 But I followed them over the bridge going towards Holiday

14 Beach.

15 And we stopped as soon as we got over the bridge and,

16 well, Chris Hall got out of the car and came up to me and

17 say, "Hey, man, where's Chad?"

18 I was, like, "Well, I mean, he's gone, dude," you

19 know.

20 And he was, like, "Oh, man, we were supposed to stay

21 together." And he said they had got rid of the gun and he

22 said, "Well, you know, there's going to be cops but, you

23 know, go back and look for Chad, you know, and if you

24 can't find him, well, just, you know, just look for him

25 once and split, you know." And so --
 206

1 Q. Did you do that?

2 A. No. No. I just went straight home.

3 Q. Now, you said that Mr. Hall, and that's the

4 defendant in this case, told you he got rid of the gun?

5 A. Uh-huh.

6 Q. Is that a "yes"?

7 A. Yes, ma'am.

8 Q. Did you actually see him do that or he just told

9 you that?

10 A. He just told me that. I didn't see him do it.

11 Q. Did he tell you where he got rid of it?

12 A. He just said, "We got rid of the gun. "

13 Q. At that point did you know that there had been a

14 shooting?
15 A. I knew that the gun had discharged. I didn't

16 think he was hit. I mean, just the way he just got up and

17 just ran like that, you know, perfectly capable. You
....
18 wouldn't think he got shot. I didn't see any blood or

19 anything like that. So, no, I didn't think he was shot,

20 but I knew that the gun had been discharged.

21 Q. When you exited that trailer, could you tell

22 whether Mr. Hall did anything else with the weapon?

23 A. He didn't do anything else with the gun. as far as

24 I know.

25 Q. You didn't see him do anything.
 207

1 A. No.

2 Q. After that meeting there on the side of the road

3 with Hall and Underwood and Tanton, did you ever see them

4 again?

5 A. No.

6 Q. Do you know whQ Ace is?

7 A. Yes, ma'am.

8 Q. What position does he hold in the Aryan Circle?

9 A. Director of the state.

10 Q. And would that be a high position or a low

11 position?

12 A. High position.

( 13 Q. Is there anybody else higher in the state than

14 Ace?

15 A. I wouldn't know what rank that is, but I think

16 one other person.

17 Q. Did you see Ace on January 4th, 2008?

18 A. No.

19 Q. Was he out at that trailei when Mr. Watson was

20 shot?

21 A. No.

22 Q. And what about Mr. Scott or Scott, the major?

23 Was he out there that night?

24 A. No.

25 Q. What about Mr. Padgett? Was he out there at the
 208

1 trailer that night?

2 A. No.

3 Q. Do you know how the Aryan Circle feels about you

4 testifying here today?

5 A. Not -- not very good about it. I don't think

6 they're too happy with it.

7 Q. Why's that?

8 A. Well, because I'm testifying against someone.

9 Q. And is that a good th~ng or a bad thing in the

10 Aryan Circle?

11 A. A bad thing.

12 Q. And are there penalties for testifying in

I 13 criminal cases?

14 A. Yes, ma'am.

15 Q. Do you know what those penalties could be?

16 A. You get ·x'd out.

17 Q. And what would that mean?

18 A. That would mean you get beaten up and kicked out

19 of the gang.

20 Q. Are .you still in the gang?

21 A. No, ma'am.

22 Q. Now, I believe you used to have some tattoos on

23 your arm and your leg which you've changed since then.

24 A. Yes, ma'am.

25 Q. What did you used to have on your arm?
 209

1 A. Lightning bolts.

2 Q. Is that the same lightning bolts that are the

3 symbol for Aryan Circle?

4 A. They don't have the circle around them, but

5 they're lightning bolts.

6 Q. And did those signify anything?

7 A. (Nodding head) . I guess that I was a member of

8 an Aryan gang.

9 Q. Was there any particular reason why you covered

10 it up or changed it?

11 A. Because I don't want to affiliate myself with

12 anything like that anymore.

\' 13 Q. Why not?

14 A. Well, because I never really believed in it, in

15 hating another race or anything like that, and plus I'd

16 never really known too much about A.C. But the more I

17 learned, now that I've learned more, you know, they're not

18 really what they say they're about and I don't really want

19 to represent anything like that.

20 Q. I believe you also had on your leg or inside your

21 leg a swastika?

22 A. Yes, ma'am.

23 Q. Did you change that as well?

24 A. Yes, ma'am.

25 Q. And why did you do that?
 210

1 A. Same reason.

2 Q. Did you do that after the shooting?

3 A. Yes, ma'am.

4 Q. So do you consider yourself a member of the Aryan

5 Circle today?

6 A. No, ma'am.

7 Q. Have you ever heard of a group call the Aryan

8 Brotherhood?

9 A. Yes, ma'am.

10 Q. Do you know what their relationship is with the

11 Aryan Circle?

12 A. I'm not too read up on the history. But from
(
\ 13 what I can gather, the Aryan Circle branched off of the

14 Aryan Brotherhood I think.

15 Q. Do they like each other or not?

16 A. They're rivals.

17 Q. Now, do you remember back when you talked to the
....
18 police about your involvement in this case?

19 A. (Nodding head.) Yes, rna' am.

20 Q. You remember when you did that?

21 A. I was in the jail I think and I'm not too sure

22 what the date was but

23 Q. You remember the month?

24 A. I think it was July, August.

25 Q. 2008?
 211

1 A. Yes, ma'am.

2 Q. And at that time when you gave your statement to

3 the police about your involvement, did you have a plea

4 bargain agreement between yourself and the State of Texas

5 for your involvement in this case?

6 A. No.

7 Q. Did you give that statement freely and

8 voluntarily?

9 A. Yes, ma'am.

10 Q. Did anybody try to get you to make those things

11 up and put them in your statement?

12 A. No.
(
i 13 Q. Did Scott ever tell you what to say?

14 A. No.

15 Q. What about Ace?

16 A. No.

17 Q. Underwood?
...
18 A. No.

19 Q. Tanton?

20 A. No.

21 Q. Or Mr. Hall?

22 A. No.

23 Q. Since that time when you gave your statement,

24 have you made an·agreement with the State to resolve your

25 criminal charges from January 4th, 2008?
 212

1 A. Yes, ma'am.

2 Q. And what did you plead "guilty" to?

3 A. Aggravated assault and organized crime.

4 Q. And do you know what you're looking at?

5 A. Five to fifteen.

6 Q. And do you know who's going to make that decision

7 what your punishment is?

8 A. I believe the judge.

9 Q. At this point, do you have any agreement with the

10 State as to what your exact sentence will be?

11 A. No.

12 Q. That trailer that you, Mr. Underwood, Mr. Hall.,

(. 13 Mr. Tanton and Mr. Pate went to on January 4th, 2008, had

14 you been to that trailer previously?

15 A. Yes, ma'am.

16 Q. And who lived there at that time when you had

17 been there before?

18 A. Chad Pate and Tracy Watson I think.

19 Q. And do you know how many times you went there

20 before that day?

21 A. Just once.

22 Q. Was that the occasion when Mr. Underwood and

23 Mr. Hall were here previously?

24 A. Yes, ma'am.

25 MS. CABLE: Pass.
 213

1 THE WITNESS: I'm sorry?

2 MS. CABLE: I'm passing you to the defense

3 counsel. Sorry.

4 THE WITNESS: Oh. Okay.

5 MR. TURPIN: May I proceed, Judge?

6 THE COURT: You may.

7 C R 0 S S - E X A M I N A T I 0 N

8 BY MR. TURPIN:

9 Q. Good afternoon, Mr. Ray. My name is Stan Turpin.

10 I'm representing Mr. Hall. Like to ask you a few

11 questions.

12 First of all, when you went into this house where you

( 13 participated in this assault of Mr. Watson, what were you

14 carrying? Did you have anything on you --

15 A. No, sir. Sir?

16 Q. Did you have anything in your hands or you used

17 your hands on him or what?

18 A. I used my hands.

19 Q. Okay. And there was a wallet missing from

20 Mr. Watson. You took the wallet?

21 A. No.

22 Q. After Hall -- supposedly you said -- let's see;

23 Hall and Underwood, when they were leaving the scene, you

24 met with them and supposedly you were supposed to go back

25 and look for Pate?
 214

1 A. Yes, sir.

2 Q. And you didn't go look for Pate.

3 A. No.

4 Q. You went back to Rockport.

5 A. I went back home. Yes, sir.

6 Q. But you didn't have the wallet.

7 A. I didn't have the wallet.

8 Q. How often do you communicate with Mr. Scott?

9 A. I'm sorry?

10 Q. How often do you communicate with Scott?

11 A. Not often.

12 Q. But you do communicate with him.

13 A. Yes, sir.

14 Q. Of course you realize he's high up in the upper

15 echelons of this Aryan Circle; right?

16 A. Yes, sir.

17 Q. How often do you communicate with Ace?
....
18 A. Not often, but I do communicate with him, or I

19 did.

20 Q. And he's also high-up echelon in this Aryan

21 Circle; is that correct?

22 A. Yes, sir.

23 Q. How often do you communicate with Justin Padgett,

24 Doughboy?

25 A. Never. I have never met him before and I don't
 215

1 really even know the guy.

2 Q. So you do or don't know him.

3 A. I'm sorry?

4 Q. You do or do not know him.

5 A. I know him now, but not -- I mean, not well

6 enough to say -- I mean, we don't hang out all the time.

7 We're acquainted.

8 Q. Just an acquaintance?

9 A. Yes, sir.

10 Q. Okay. This night, January 4th, 2008, you were

11 smoking speed; right?

12 A. Yes, sir.

13 Q. Going into the house for the assault,

14 January 4th, 2008, first one in the door was Underwood.

15 A. Yes, sir.

16 Q. Any way to miss Underwood?

17 A. I'm sorry?
.....
18 Q. Is there any way to miss Underwood?

19 A. To miss Underwood?

20 Q. Yes.

21 A. You mean like

22 Q. If somebody's looking for him, could you miss him

23 or not?

24 A. No, you wouldn't miss Scott.

25 Q. Why is that?
 216

1 A. He's a pretty big fellow.

2 Q. You said that you went in with .Tanton and

3 Underwood went to help the little girls?

4 A. One of them took the girls into the other room.

5 Q. So two girls are there. Mr. Watson is there.

6 Who else is there when y'all go ~n?

7 A. Well, I saw an adult female, but I've been told

8 that there was no adult female there. But I'm pretty sure

9 I saw an adult there, female.

10 Q. All right. When were you told there was not an

11 adult female there?

12 A. Well, I had heard from the district attorney that

l 13 the two l i t t l e girls said that --

14 Q. I'm not asking for hearsay from two little girls;

15 I'm just asking you when did you find out.

16 A. I guess just recently, just, like, I guess

17 Friday.

18 Q. Not today?

19 A. No.

20 Q. Last Friday?

21 A. Yes, sir.

22 Q. All right. You also have psychological issues.

23 A. Yes, sir.

(
24 Q. What are they?

25 A. Schizophrenia, Bipolar Disorder, depression and
 217

1 stuff like that.

2 Q. When were you diagnosed with these?

3 A. When I was, say, 18' 19.

4 Q. How old are you now again?

5 A. 22.

6 MR. TURPIN: Pass.

7 c R 0 s s - E X A M I N A T I 0 N

8 BY MR. GILMORE:

9 Q. Mr. Ray, you hired

10 MR. GILMORE: Is it okay, Judge?

11 THE COURT: Please.

12 Q. (BY MR. GILMORE) You or somebody in your family
( 13 hired a lawyer to represent you?

14 A. Yes, sir.

15 Q. Did your lawyer go over the case with you that

16 the State had against you?

17 A. (Nodding head) . Yes, sir.
....
18 Q. Give you copies of the reports?

19 A. No, I didn't get the discovery.

20 ~· He didn't give you any of the discovery?

21 A. No, sir.

22 Q. Did he talk to you about what the law enforcement

23 officers had gathered regarding your involvement in the

.24 case?

25 A. Not a whole lot, but I had heard they found a bat
 1 with my scent on it.

2 Q. Okay. All right. So the lawyer told you that?

3 A. No. The investigators told me that and then I

4 talked about it with my attorney.

5 Q. Okay. So the investigator talked to you before

6 you got a lawyer? Is that it?

7 A. Yes, sir.

8 Q. But you didn't really give a statement to the

9 investigators until after you got a lawyer; is that right?

10 A. Right.

11 Q. Did the lawyer go over the case against you? Did

12 he talk to you about what all the witnesses were saying
!
~ 13 about your involvement in the case?

14 A. Vaguely. He didn't go into detail. He just --

15 he just said ... He just said. my story was different -- I

16 mean, what everybody else was saying was basically -- what

17 Tanton and Underwood had said was basically what I had

18 said.

19 Q. So -- okay. When did he tell you this?

20 A. I'm not sure what the date was.

21 Q. Well -- okay. You went and talked to the law

22 enforcement people, the investigators, on August the 12th

23 of 2008.

24 A. Okay.

25 Q. Okay? Now, did he tell you that your story was
 219

1 different from everybody else's or the same as everybody

2 else's before you went to talk to them or after?

3 A. No. He just basically told me what everybody

4 else had said.

5 Q. Okay. So when you went in to talk to the

6 investigator, did you already know what everybody else had

7 said?

8 A. Not detail. I mean, I knew they had said, you

9 know, basically what I had said just now.

10 Q. Okay. All right. Let me ask you about -- you

11 said when you were talking to the investigators that there

12 was a lady and two little girls there.
( 13 A. Right.

14 Q. That's what you told the investigators?

15 A. Uh-huh.

16 Q. You have to say "yes" or "no."

17 A. Yes.

18 Q. Okay. And which assistant district attorney told

19 you that you were wrong? Which one of these two?

20 A. I believe it was the lady.

21 Q. Okay. She told you that you were wrong?

22 A. Yes, that the little girls had said that it was

23 just them.

24 Q. Okay. So when you testified -- when she was

25 asking you questions, you didn't talk about the lady.
 220

1 A. I mentioned the lady, but, you know, she didn't

2 seem to know anything about it.

3 Q. Were there any other things that she told you

4 about your story that was different that you shouldn't

5 talk about?

6 A. No.

7 Q. Let me ask you about the wallet.

8 A. Okay.

9 Q. Okay. You know where the wallet was found;

10 right?

11 A. No, I'm not sure.

12 Q. You're not sure?
(
\
13 A. I don't know.

14 Q. Do you recall talking to the investigators about

15 the wallet?

16 A. They'd asked me about a wallet, but I didn't know

17 anything about it.

18 Q. Okay. Do you recall talking to the investigators

19 and telling them that you knew about the wallet?

20 A. No, I didn't -- I had heard from somebody that

21 the wallet was taken, but I didn't see anybody take the

22 wallet from him that night.

23 Q. So before you talked to the investigators, you

24 knew that the wallet had been found.

25 A. I didn't know that investigators found the
 221

1 wallet. I had heard that somebody took his wallet. I

2 didn't know that was true. That could have been just a

3 rumor.

4 Q. You heard that on the streets.

5 A. Right.

6 Q. Okay. Now, this location where this incident

7 took place is in Fulton; right?

8 A. Right.

9 Q. And it's North Fulton: It's kind of like the

10 northern part of Fulton?

11 A. Right.

12 Q. If the wallet was found closer to Rockport, that

( 13 would be south of the location where the incident took

14 place; right?

20 north.

21 A. Right.

22 Q. Okay. And you're the only one that came back

23 south that went into that trailer. You're the only one

24 that came back south again to go home; right?

25 A. Right.
 222

1 Q. And if the wallet was found south of the

2 location, who would have been the only one in that trailer

3 that could have taken the wallet?

4 MS. CABLE: Your Honor, I'm going to object.

5 That's speculation. There's no way this witness can know

6 what everyone else did after they left each other.

7 THE COURT: Don't ask speculative questions.

8 Q. (BY MR. GILMORE) You took the wallet, didn't you?

9 A. Nope.

10 Q. Okay. But if the wallet was found south of the

11 location, then

12 MS. CABLE: Again, Judge, I'm going to
(
\ 13 object to that; speculation. He said he didn't do it.

14 Asked and answered.

15 MR. GILMORE: Okay. Okay.

16 Q. (BY MR. GILMORE) All the calls that were made to

17 the Aryan Circle guys in Houston were made on X'?~ll

19

20
-----
18 phone.

A.

Q.
Right.

And you're claiming that Chad used your phone and

21 made all those calls.
~~-----

22 A. Yes, sir.

23 Q. And then after this incident happened and Chad

( 24 took off, you didn't see him again that night.

25 A. No.
 223

1 Q. But you made calls to the Aryan Circle guys after

2 the incident; right?

3 A. After the incident, yes, sir.

4 Q. Okay. I mean, you got-- there's no way out of

5 this because they got your cell phone records; right? So

6 they know you made phone calls to these people.

7 A. Right.

8 Q. Did you make calls to Ziggy? To Chris Hall?

9 A. Yes, sir.

10 Q. And did you make calls to Scott?

11 A. Yes, sir.

12 Q. What about Ace?
(
\._ 13 A. Yes, sir.

14 Q. Okay. But you didn't make the calls to bring
--·· ···--------···. ····-···-······---·····----·------------
15 these guys down.
---------·--·------·····
16 A. No.

17 Q. It just happened to be on your cell phone.

18 A. Yes, sir.

19 Q. This Aryan Circle -- I mean, you said you joined

20 because you were going into SAFP and. I don't know if

21 the jury knows; "SAFP" is Substance Abuse Felony

22 Punishment Facility.

23 A. Yes.

24 Q. And that's for drug rehabilitation; right?

25 A. Right.
 224

1 Q. Apparently i t didn't work too well for you;

2 right?

3 A. Well, that night, that had been .the first time I

4 had done drugs in.a long time and, I mean, I turned it

5 down once, but then, I mean, just it just being there,

6 you know, I just said, "Well, all right. Let me have it,"

7 you know.

8 Q. You were actually smoking it, weren't you?

9 A. Right.

10 Q. And you got these drugs f~om Justin Padgett.

11 A. Chad did.

12 Q. You went over with Chad to get these drugs from

13 Justin Padgett; right?

14 A. Right.

15 Q. Were you actually in Justin Padgett's trailer?

16 A. Yes.

17 Q. So you saw Justin Padgett deliver the

18 methamphetamine.

19 A. No. I was off on the other side of my trailer --

20 I mean his trailer, minding my own business.

21 Q. Okay. You weren't watching.

22 A. No, I was not watching,

23 Q. But you know i t carne from there; right?

24 A. Right.

25 Q. So you joined the Aryan Circle for protection.
 225

1 And did you maintain your membership after you got out of

2 SAFP?

3 A. I was just a prospect. I was never a full-

4 fledged member.

5 Q. o·o y 'a 11 have regular meetings or something? Is

6 i t like -- is it like a club or something, you know, where

7 you have regular meetings and discuss things?

8 A. Yes. There's no specific location where they

9 meet, but i t ' s wherever it happens to be--

10 Q. Where have you met with the Aryan Circle for

11 meetings?

12 A. In Corpus, in Rockport and that's it.

13 Q. Okay. And at the Rockport meetings, who was

14 there?

15 A. Me ... It's a pretty small chapter. Me and Shane

16 Evans and Matthew Chips (ph) and, at the time, that was

17 it.
...
18 Q. Okay. What about Justin Padgett?

19 A. He never attended.

20 Q. He never went to the meetings?

21 A. No.

22 Q. He was A.C. though; right?

23 A. As far as I knew.

I 24 Q. And what about Chad Pate?
'·

25 A. Chad Pate never attended any meetings.
-~ /

~ ~
 226

1 Q. Okay. Now, when you go to these meeting, do they

2 tell you who, you know, who's your boss?

3 A. Yes.

4 Q. Did anybody·at those meetings ever tell you that

5 Chad Pate was your boss?

6 A. No.

7 Q. Okay. And as a prospect, you would know who your

8 superiors were, wouldn't you?

9 A. You would know, yeah.

10 Q. 'Cause you know who the director of the state is;

11 right?

12 A. Right.
/
'·· 13 Q. And you know who the major is in Houston; right?

14 A. Yeah, because I'm told that.

15 Q. But nobody ever told you that Chad Pate was a

16 ranking member of A.C.; right?
-:-~-----··----·-·---·----

17 A. Yeah, sure. Chad told me that.

18 Q. Yeah. But other than that, did anybody ever tell

19 you that?

20 A. No.

21 Q. What's the purpose of being in A.C. if you're not

22 in prison?

23 A. I don't know. I didn't really know a whole lot

24 about the organization at the time.

25 Q. What kind of things were you asked to do for
 227

1 A.C.?

2 A. Well . . . Beat people up.

3 Q. Beat people up. That was your job?

4 A. Well, I mean, basically whatever it is you were

5 asked to do, I mean, you know.

6 Q. Did Chad Pate ever ask you to beat anybody up

7 besides this guy?

8 A. J.R.

9 Q. J.R. Okay. Let's talk about J.R.

10 A. Okay.

11 Q. You said that that night, the night that this

12 happened to Aaroh Watson, that Chad Pate had to tell you

( 13 how to get to the trailer.

14 A. Right.

15 Q. Okay. Now, the first time in November when

16 Mr. Hall and Mr. Underwood came down, they met you at the

17 end of Copano Bay Bridge.

18 A. Right.

19 Q. And you were by yourself; right?

20 A. I was with a girl, but, I mean, yeah.

21 Q. And you took them to Mr. Pate's -- the trailer,

22 the trailer that y'all went to that night; right?

23 A. Right.

24 Q. So you already knew your way there.

25 A. Yeah, but this time, we'd gone through some woods
 228

1 and it was dark. I mean, we didn't take backroads and go

2 straight there; we went through 50me woods like commando

3 style.

4 Q. Okay. So Mr. Pate had to tell you how to do

5 that?

6 A. Yeah.

7 Q. And let me ask -- I don't want you to say what

8 the district attorney told you or what anybody else told

9 you. You think there was a woman there that night; right?

10 A. Right.

11 Q. And had.you met Tracy before?

12 A. Once briefly.

13 Q. You think Tracy was there that night, don't you?

14 A. That's who I thought it was.

15 Q. Before y'all went into the trailer that night --

16 well, let me back up to November. What did y'all do in

17 November? What was the deal in November?

18 A. November when Chris Hall and Underwood came down?

19 Q. Yeah. What was the deal back then?

20 A. Well, that's when we were supposed to go fight

21 with J.R. and his buddies and

22 Q. "J.R. and his buddies." It wasn't just J.R.?

23 A. No.

24 Q. And what did J.R. supposedly do?
(
25 A. Sexually assault his girlfriend.
 229

1 Q. Okay. And Chad told you that?

2 A. Yes.

3 Q. Okay. And Chad's the one that called everybody

4 down.

5 A. Right.

6 Q. When y'all got together and met, what did y'all

7 do?

8 A. We just drove around. And I guess -- I don't

9 kno\'11 why I was in the tailgate and I was kind of

10 wondering what we were doing, but

11 Q. Did you know who J.R. was?

12 A. No.
(
\ 13 Q. Never heard of him before?

14 A. Huh-uh.

15 Q. You have to say "yes" or "no"; sorry.

16 A. No. Sorry.

17 Q. Did you go to J. R. 's house?
.....
18 A. No.

19 Q. You weren't with them when they went to J. R. 's

20 house?

21 A. If they went to J.R. 's house, I didn't know that

22 that was his house. I was in the back in the tailgate and

23 they were talking in the cab. I didn't hear anything.

24 Q. Okay. So you were -- is this an open-bed pickup

25 truck?
 230

1 A. Right. Tailgate, yeah, open bed.

2 Q. So you were sitting in the back.

3 A. Right.

4 Q. You don't recall going by a house and stopping at

5 the house?

6 A. We didn't stop at the house.

7 Q. So all y'all did was drive around.

8 A. Right.

9 Q. And this all occurred in one day?

10 A. Right.

11 Q. There's been previous testimony that they spent

12 the night there at Chad's trailer, at the house by Chad's
(
\ 13 trailer. Did it happen the day before they spent the

14 night or the day after they spent the night?
)

15 A. Day after.

16 Q. The day after. So you led them to the trailer.

17 They spend the night and then y'all go looking for this

18 guy.

19 A. Right.

20 Q. Can't find him anywhere, and then they just left;

21 right?

22 A. Right.

23 Q. And you saw them leave.

24 A. Right.

25 Q. Where was Chad when they left?
 231

1 A. Chad? He was with them.

2 Q. Did you assist them in stealing the jet ski?

3 A. No. They'd dropped me off already.

4 Q. But you know about the jet ski being stolen.

5 A. I didn't know it was stolen. I didn't know

6 anything about a jet ski until I was told. Well, I wasn't

7 even told. I looked at a statement and seen that it --
. ... ----------------------
8 yeah.

9 Q. Do you know why Chad Pate would have had his arm

10 cut that day?

11 A. I didn't know he had his arm cut.

12 Q. Okay. He was with you all day and Mr. Hall and

13 Mr. Underwood, but you didn't see him get his arm cut.

14 A. No.

15 Q. And you didn't have anything to do with him

16 getting his arm cut.

17 A. No.

18 Q. Now, before y'all went in we're going to jump

19 ahead to January the 4th, the morning of January the 4th.

20 What was your understanding of what y'all were going to do

21 before you went into the trailer?

22 A. We were supposed to go in there and run off all

23 these guys that were supposed to be in there, all these

24 A~B. dudes.

25 Q. Were you there during the planning?
 231

1 A. Chad? He was with them.

2 Q. Did you assist them in stealing the jet ski?

3 A. No. They'd dropped me off already.

4 Q. But you know about the jet ski being stolen.

5 A. I didn't know it was stolen. I didn't know

6 anything about a jet ski until I was told. Well, I wasn't

7 even told. I looked at a statement and seen that it --
···---··--·--------------
8 yeah.

9 Q. Do you know why Chad Pate would have had his arm

10 cut that day?

11 A. I didn't know he had his arm cut.

12 Q. Okay. He was with you all day and Mr. Hall and
i
~ 13 Mr. Underwood, but you didn't see him get his arm cut.

14 A. No.

15 Q. And you didn't have anything to do with him

16 getting his arm cut.

17 A. No.

18 Q. Now, before y'all went in we're going to jump

19 ahead to January the 4th, the morning of January the 4th.

20 What was your understanding of what y'all were going to do

21 before you went into the trailer?

22 A. We were supposed to go in there and run off all

23 these guys that were supposed to be in there, all these

24 A.B. dudes.

25 Q. Were you there during the planning?
 232

1 A. Yes.

Q. Did anybody say anything about shooting anybody?
2

3 A. No.

4 Q. Did anybody say anything about beating people?

5 A. Nobody specifically said, "Beat these dudes up,"

6 but well, what was said, "We're going to go right

7 these-- we're going to go run these dudes off and, if

8 they want to fight, well, you know, what's up, you know."

9 Q. As far as you know, nobody went into that

10 place -- before you went in and as you were going in, you

11 didn't realize that anybody was armed; right?

12 A. Right.

( 13 Q. Even with bats or clubs.

14 A. Right.

15 Q. You didn't have a bat or a club, did you?

16 A. No.

17 Q. And as far as you know, nobody else had one .
.....
18 A. Right.

19 Q. Okay. And the gun was never pulled and shown as

20 far as you know in front of Mr. Pate.

21 A. Right.

22 Q. So -- and he never talked about shooting anybody,

23 did he?

24 A. No.

25 Q. So you went in there and Mr. Hall hit the guy in
 233

1 the head. You start hitting him --.

2 A. He didn't hit him in the head. He just tapped

3 him on the head to get his attention.

4 Q. Okay. Just tapped him a little bit with a gun on

5 the head?

6 A. Well, not like, you know, just, like, "Hey, come

7 on, dude, " you know, like, "Tell me your name. "

8 Q. "Tell me your name"?

9 A. Yeah. It wasn't like -- he didn't really smack

10 him with it.

11 Q. And then he got a pillow and he put it over the

12 gun, like, covering the gun and shot him?

13 A. Right.

14 Q. I mean, like, here's the front of the gun and

15 here's the pillow. He put the gun up against the pillow

16 and shoot him through the pillow?

17 A. No.

18 Q. Put the pillow on top of the gun?

19 A. Right.

20 Q. And that was a conscious effort on his part. He

21 picked up the pillow, stuck i t on top of the gun and shot

22 him.

23 A. Yes.

24 Q. And is this while everybody -- while everybody

25 was beating him?
 234

1 A. No. This was just while I was beating him.

2 Q. While you were beating him. Do you recall

3 telling the investigators that you and Mr. Pate went out a

4 day or two before this incident at the trailer and scouted

5 the place out?

6 A. Yes, sir, but I think-- see, I wasn't really

7 sure of the dates. So I guess I just said, you know, a

8 day or two before. That was the time that we went -- that

9 Underwood and them carne down I think.

10 Q. Okay. Well, you talked about driving by there

11 and scouting the place out. You didn't talk about

12 stopping and going inside the trailer. You talked

( 13 about ..

14 A. We probably did, yeah. It was a long time ago.

15 I don't know; I can't remember.

16 Q. Well, in August you told them a couple of days

17 before this incident you and Mr. Pate went over and
...
18 scouted out the place.

19 A. So I guess I did.

20 Q. And you know that that's impossible; right?

21 A. I don't.

22 Q. You know that Mr. Pate was in jail the day before

23 this happened and the week before this happened, don't

24 you?
(
25 A. Okay.
 235

1 Q. You know that, though, don't you?

2 A. I didn't -- I didn't -- yeah. Yeah, I did know

3 that.

4 Q. Because the investigators told you that you were
·-··---------- ------------------- -------- - - --

5 wrong ar:~---~-0-~X §)_E;.O..J~-())c:i .Y.2!cl__ you. _were wron9_ about Tracy

6 being there, too.
·-----------····--·-··. -------···-·····----------

7 A. Okay.

8 Q. And so you tailored your story to meet whatever

9 they're te 11 in_g .. you_; ____right?

1 o C~·--=!i~~i~5~
11 Q.. You also told them that you left the A.C. because

12 they were going to set you up.

13 A. Yeah.

14 Q. Is that right? So the A.C. does things like

15 that; right?

16 A. Yes.

17 Q. You did -- you do something wrong?

18 A. It's all confusing to me because I was being set

19 up for something I got told to do, you know, so -- so

20 Q. What was that?

21 A. What we were asked to do, to go do this, and

22 apparently ... I was never really sure as to why, but from

23 what I could gather, yeah, that's what it was, you know,

24 bringing heat, you know, on everybody.

25 Q. So there's loyalty within the A.C. until they get
 236

1 mad at you and x you out; is that ~ight?

2 A. Right.

3 Q. So if you're x'd out, everything is -- everything

4 goes; right? Including being beaten up; right?

5 A. Right.

6 Q. Being shot? Is that right?

7 A. Right.

8 Q. And also filing or testifying falsely against ex

9 A.C. members; right?

10 A. No. You're not supposed to testify at all, ever.

11 Q. Okay. And if they did tell you to do it, you

12 sure aren't going to tell us they told you to do it;
(
\ 13 right?

14 A. I don't guess I would.

15 Q. Probably wouldn't; right?

16 MR. GILMORE: Okay. That's all the

17 questions I have.
....
18 R E D I R E C T E X A M I N A T I 0 N

19 BY MS. CABLE:

20 Q. Did anybody tell you to testify falsely here?

21 A. No.

22 Q. And are you being truthful to this jury to the

23 best of your ability?

24 A. Yes, rna' am.

25 Q. Did I ever tell you to lie?
 237

1 A. No, ma'am.

2 Q. Did I tell you to try and tell the truth to the

3 best of your ability?

4 A. Yes, ma'am.

5 Q. And this happened about a year ago?

6 A. (Nodding head). Yes, ma'am.

7 Q. Do you remember everything as perfectly now as

8 you did then?

9 A. (Nodding head) . Yes, ma'am.

10 Q. Are you sure that Mr. Hall was there with you

11 that night?

12 A. Yes, ma'am.
(
\ 13 Q. Are you sure that Mr. Pate was there directing

14 y'all to go to that trailer?

15 A. Yes, ma'am.

16 Q. Was Mr. Pate aware that y'all were there to do

17 violence?

18 A. Yes, ma'am.

19 Q. Now, the Defense Attorney asked you, "Who did

20 Justin Pate (sic) give the meth to the night of

21 January 4th, 2008?" Who was that?

22 A. Chad Pate.

23 Q. When was the last time you communicated with

24 Mr. Scott or Major Scott?

25 A. That was maybe, like, a week or so after
 238

1 January 4th.

2 Q. Was i t -- did you and he ever discuss your

3 speaking with the police?

4 A. Yes. I mean, he didn't come right out and say,

5 "Don't speak with the police," but he just said, you know,

6 "Hey, what's going on with that," you know, "What

7 happened," you know.

8 I said, "Well, i t ' s all a dead issue pretty much down

9 here."

10 And he said, "Well, make sure i t stays that way."

11 Q. Was that ~ threat from Mr. Scott regarding your

12 involvement in the case?
( 13 A. I felt so.

14 Q. Now, you have a nickname of "Spooky"?

15 A. Yes, ma'am.

16 Q. Can you tell the ladies and gentlemen of the jury

17 how you got that nickname?
...
18 A. I'm very paranoid. Anytime somebody is talking

19 amongst themselves, I immediately think they're speaking

20 about me. And I always think everybody's out to get me.

21 And so one day, my associates said, "You know, you're kind

22 of a spooky dude, so that's what we're going to call you."

23 Q. Did you really know Justin Padgett prior to

24 January 4th, 2008?

25 A. I'd only heard of him, but I'd never met him or,
 239

1 you know, I'd heard the name, but I'd never met him or

2 anything like that.

3 Q. After leaving his house and Mr. Pate got drugs

4 from Mr. Padgett, did you see him again that night?

5 A. I don't think so, no.

6 Q. Was he at the trailer with you?

7 A. No, ma'am.

8 Q. When was the last time you spoke with Ace?

9 A. About maybe, like, a few weeks, something like

10 that, you know. Not long, but after January 4th, maybe

11 like a month after.

12 Q. Did he in any way give you permission to testify

( 13 here today?

14 A. No.

15 Q. Do you know how you're going to be viewed when

16 you go to prison as a snitch?

17 A. Well, yeah, yeah. I guess everybody's going to

18 be mad at me.

19 Q. And how does that make you feel?

20 A. Nervous. Targeted.

21 Q. When Underwood and Hall came down in December of

22 2007, were they armed with firearms?

23 A. They didn't have the firearms on them.

24 There's -- in the back of the red truck, there's this
(
25 little toolbox deal and that's where two firearms were.
 240

1 -But they didn't have any guns on the~.

2 Q. But they did have weapons with them.

3 A. Right.

4 Q. You were aware of that?

5 A. Yes, ma'am.

6 Q. Was Mr. Pate aware of those weapons on that

7 occasion as well?

8 A. I believe so, yes.

9 MS. CABLE: Pass the witness.

10 R E C R 0 S S - E X A M I N A T I 0 N

11 BY MR. TURPIN:

12 Q. Mr. Ray, after these statements were made

( 13 August 12th, 2008, by you, did you assault somebody here

14 at the jail for an A.C. member named Chips?

15 A. Yes, sir.

16 Q. What did you do to him?

17 A. I hit him once.

18 Q. You hit him?

19 A. Yes, sir.

20 Q. So you're still active with the A.C.

21 A. I wasn't doing it as an act of Aryan Circle, I

22 mean .. I mean, pretty_much what I had heard was --

23 Q. I'm not asking what you heard; I'm just saying

24 you hit this guy.

25 A. I did it so I wouldn't get any, you know, so I
 241

1 wouldn't get beat up, you know, basically, 'cause they

2 were talking about it.

3 Q. You told me you assaulted somebody for A.C. This

4 is after the statements were made.

5 A. Who told you that?

6 Q. That's what I'm asking.

7 A. No. I didn't do anything for A.C.

8 Q. This guy named Chips?

9 A. Yeah.

10 Q. You don't know that he's A.C.?

11 A. I know that he's A.C.

12 Q. All right.

( 13 MR. TURPIN: I pass.

14 R E c R 0 s s - E X A M I N A T I 0 N

15 BY MR. GILMORE:

16 Q. I didn't know about that. So Chips is A.C. and

17 he asked you to hit somebody for him?

18 A. Yes.

19 Q. And this happened after you gave this statement?

20 A. Right.

21 Q. But it wasn't an Aryan Circle hit. It was just

22 somebody that you knew in the Aryan Circle asked you to

23 hit somebody.

24 A. Well, I was pressured into doing it. I didn't

25 want to do it.
 242

1 Q. In November when Mr. Hall and Mr. Underwood came

2 down, did y'all go to Mr. Padgett's place?

3 A. Yes.

4 Q. Okay. What did you go there for?

5 A. We just went there just to meet Justin Padgett.

6 Q. You're going to be sentenced for pleading

7 "guilty" to this crime; is that right?

8 A. Right.

9 Q. In your mind, do you think that you're guilty of

10 this -- of shooting Mr. Aaron Watson?

11 A. I'm not being sentenced for that.

12 Q. Yes, you are.
/ 13 MS. CABLE: Your Honor, I'm going to object
\

14 to relevance in his mind what .he's guilty of to this

15 proceeding.

16 THE COURT: I ' l l allow the questioning, but

17 I think you need to rephrase your question.

18 Q. (BY MR. GILMORE) You pleaded "guilty" to

19 intentionally, knowingly and recklessly causing bodily

20 injury to Aaron Watson by shooting him. Do you think

21 you're guil t.y of that?

22 A. No. I didn't shoot the guy.

23 Q. And you didn't know before you went in the

24 trailer that he was going to be shot, did you?

25 A. No.
 243

1 Q. Okay. You're going to be sentenced anywhere from

2 five to fifteen years; is that right?

3 A. Right.

4 Q. And Judge Welborn is going to sentence you; is

5 that right?

6 A. I didn't know that, but, yeah.

7 Q. I think that's what Ms. Cable asked you. Judge

8 Welborn is going to sentence you.

9 A. Okay. Yeah.

10 Q. So Judge Whatley's not going to sentence you.

11 A. Right.

12 Q. So the only way that Judge Welborn is going to

( 13 know about what you've done here is -if he talks to Judge

14 Whatley or a prosecutor comes in and makes a

15 recommendation for you; is that right?

16 A. Right.

17 Q. And the Prosecution, you assume they're going to

18 make a recommendation based on how you perform in court?

19 MS. CABLE: Your Honor, I'm going to object.

20 That calls for speculation and assumption --

21 MR. GILMORE: I.don't have any more

22 questions, Judge.

23 THE COURT: Anything else?

i.
1\
24 MS. CABLE: Yes.

25 -oOo-
 244

1 R E D I R E C T E X A M I N A T I 0 N

2 BY MS. CABLE:

3 Q. Were you-- are you still a member of A.C.?

4 A. No, ma'am.

5 Q. Why were you involved in this assault with

6 Mr. Chips?

7 A. I'm sorry; repeat that.

8 Q. Why were you involved in the assault with

9 Mr. Chips in the jail?

10 A. Well, because he had asked me to do that and,

11 well, at first, I told him "no." I told him "no," you

12 know.
(
\, 13 And we went to Crystal City and I had heard from

14 another inmate, you know, "Hey, man, if you don't do that

15 dude, they're going to get you, dude." So I mean ... I

16 mean, I know it's kind of weird, you know. You don't

17 really even know the dude or anything, but you don't have

18 to beat them up. Just swing on them, you know, and, you

19 know. So I did.

20 Q. Did anybody tell you to testify here differently

21 than the truth?

22 A. No.

23 Q. Does that assault have anything to do with your

24 testimony here today?

25 A. No.
 245

1 Q. And has my office, myself, Mr. Rodriguez, the

2 district attorney, ever told you that we're going to make

3 a specific recommendation based on anything?

4 A. No.

5 MS. CABLE: Pass the witness.

6 MR. TURPIN: Did you pass?

7 MS. CABLE: I passed.

8 R E c R 0 s s - E X A M I N A T I 0 N

9 BY MR. TURPIN:

10 Q. Your attorney was Ray Martinez (ph) right?

11 A. Right.

12 Q. Of course, they can't talk to you. Only your

( 13 attorney can talk to you; right?

14 A. Right.

15 Q. So your attorney obviously told you what the deal

16 was going to be before you came in here and testified.

17 A. Okay.
....
18 Q. Right?

19 A. Right.

20 MR. TURPIN: I pass.

21 R E C R 0 S S - E X A M I N A T I 0 N

22 BY MR. GILMORE:

23 Q. Did you know Ace's phone number before January of

24 2008?

25 A. I had it in my cell phone.
 246

1 Q. Did you have it in your speed dial?

2 A. Previous calls, yeah, I guess speed dial, yeah.

3 Q. Did you know Scott's number before January 2008?

4 A. Same thing.

5 Q. What about Ziggy?

6 A. Yeah.

7 Q. You had his number, too. How about

8 Mr. Underwood?

9 A. Underwood? I didn't even know he had a phone.

10 No.

11 Q. Okay. So you had these numbers ·available to you

12 before January of 2008.
i
\ 13 A. Right.

14 Q. Did you have them before November of 2007?

15 A. No.

16 Q. When did you get them?

17 A. Well, I got them from -- oh, well, I had the

18 numbers for Ace and Scott but not for Chris Hall. But for

19 Ace and Scott, I had received those from ... Well, the one

20 from Scott I believe I got from Chad, but the one from

21 Ace, I had that. I'd always had that.

22 Q. Okay. Did you ever write those numbers down and

23 give them to anybody?

24 A. Yes.

25 Q. And who did you give them to?
 247

1 A. Chad.

2 Q. So you wrote those numbers down -- even though

3 Chad already supposedly had these numbers, you wrote them

4 down and gave them to Chad.

5 A. Ace did not I mean Chad did not have Ace's

6 number. As a matter of fact, I didn't write -- I don't

7 think I wrote down Scott's number and gave it to Chad. I

8 think that was my number that I wrote down along with

9 Ace's number and gave to Chad.

10 Q. When did you write these numbers down and give

11 them to Chad?

12 A. I was working at Alby's Seafood. I guess that

13 was in November or September.

14 Q. Before Mr. Hall and Mr. Underwood came down?

15 A. Yes.

16 Q. Okay. And did you give them to Chad for Chad or

17 did you give them to Chad for Mr. Watson?
...
18 A. I gave·them to Chad for Chad. I didn't even know

19 anything about Watson or anything like that.

20 Q. Okay. You never met Mr. Watson before?

21 A. No.

22 Q. When Chad was working there, did you ever see

23 Mr. Watson there with Chad?

24 A. Not that I know of, no.

25 Q. You never -- you never met Mr. Watson at Alby's
 289

1 THE STATE OF TEXAS }{

2 COUNTY OF ARANSAS }{

3

4 I, SHARON D. ANDERSON, Official Court Reporter in and

5 for the 343rd Judicial District Court of Aransas County,

6 S~a te·~. f Texas, do hereby certify that the above and
7 foreg~ng contains a true and correct transcription of all

8 portions of evidence and other proceedings requested in

9 writing by counsel for the parties and/or Court to be
• I

10 included in this volume of the Reporter's Record in the

11 above-styl~d and numbered cause, all of which occurred in

12 open court or in chambers and were reported by ~e on the

13 designated dates.

14

15 WITNESS MY OFFICIAL HAND this the _3-~~~ day of

16
----c=t~------' 20_(L]L.
17

18
~, _v ~
19
j~-~~~~---
N D. ANDERSON, CSR
20 OFFICIAL COURT REPORTER
343rd Judicial District
21 P. 0. Box 700
Sinton, Texas 78387
22 361-364-6202
Cert .. No.: 2650
23 Exp. Date: 12-31-10

24

25

Ua( 1 (}~q
~
 RECORD EXHIBIT # 9

RR VOL8 OF9

2112/09

JURY TRIAL GUILT INNOCENCE
-----------
;4" ; \,,;-._. . .• ' ·. . • .. . '

\1~ ~i·•j ····~· ~
r¥
~.. . J ....
·._ ~·.-.-·

c)-~"'\ c\
~ ~~

~
REPORTERS RECORD

VOLUME 8 OF 9

THE STATE OF TEXAS
vs.
CHADRICK B PATE
C ""\--"- I ~~:TJ.~li'll.t~~~~~ '-\,)t~;;::.::~~:~~~:~j ~ct. i -u~, ~
1.6

17 fB'r~-.,_M.,l?~·-;·-p·a te, Judge. ~--::;"~~~~--"·, ~-·~ .___.·--:,-:·_.- --:-:-~---'"; . ._·-_;l:,

18 THE COURT: Mr. Turpin.

20 THE COURT: Okay.

21 MR. GILMORE:- Just to let you know, the
• : - . -~~~7~~... ~-
.... \~·. , -·
___ : ..... . .:: -·.
ca-se 'rrantDer · s on. m1ne .-
---~-~.5.; -·;· __. . ?·-· .. · .

23 THE COURT: Okay.

24 All right. Doc, bring them in.

___e_n__t_e_r_e__d__t_h__e __c_o__u_r_t_r__o_o_m__._J________________j
25l_____ _____________(_T_h_e___j_u_r_Y
 176

THE COURT: All right. Ladies and

2 gentlemen, what's going to happen now, I'm going to read

3 you the charge of the Ca~rt. You will nave two originals,

4 one for the Defendant Hall and one for the Defendant Pate.

5 Wha·t we have agreed or everybody said I could do is I'm

fi j .J..JS it read one of tfl.e charges. So I ' l l say "Pate"

7 or 11
H a 11 11 but nu-t i"n g that yo u ' r e g o i n g to have t o a n s '"' e r

8 two originals; all right? Does that make sense to

10 Y'all don't want me to read this twice, do

11 y' a l_l?

12 JJidn ··t think so. All right. I ' l l start.

13 (The charge o:[_ the Court was read. to the jury-!

14 THE COURT: You have two verdict forms.

17 alleged in the indictment. There's a signature blank.··

18 Or: we, the jury, find the defendant not qui-Tty-· of

19 murd"er, and, again, .there's a siq,na.t_l.l..l:~ b.L;e.r.>"lr~.

20 find the defendant not guilty of m~rder as alleged in
~-· ..-····;_·_ -····-···-· ---.----~
ZI Count One, then you pro-C'e..,ed· to Count Two; otherwise, you
...... _.

22 don' t go to Count Two.
·"
23 Count Two, you only use one of three forms:

24 We, ~he jury, find the d~fendant guilty of aggravated
)
25 assaalt as alleged i~ the indictment, and if you do find
 177

1 that, then you move to special issue. Answer only if you

2 found the defendant guilty of this count. Did the

3 defendant commit said offense_fts a member of a criminal
----------------·-
4 prison gang, and you answer "yes" or "no." And then

5 lastly or: We, the jury, find the defendant, Christopher

6 Joseph Hall or Chadrick B. Pate, not guilty of Count Two.

7 All right. Who's starting?

8 MS. CABLE: Judge, for the State I ' l l be

9 making closing. State would waive my opening and reserve

10 full time to close.

11 THE COURT: Mr. Turpin.

12 MR._ . .. ';l'.URP IN-.,;_ Please the Court, please the

') 13 State. Approach? -- --- _,.~,.._ ....
-~---....

14 BY MR. TURPIN:

15 Ladies and gentlemen, good afternoon. I'm going to be

16 spea-;king fast, so bear with me.
- ---- ,-- ----~----~-:-~~
17 First o_t"..-all, go back through and review the charge,

18 please, limi-ne Tnstructions. Main thing I want to hit on
-------.... .... .,... ...,.__ "_""""'..... ...,..• , ..
19 is the Fifth Amendment. 01,1r .9.-Jients don't have to
-· -·· ... ---
. . .'"!-__-_

20 testify, don't have··to-.-put_ on any evidence. We didn't put

21 on evidence. You're instructed you cannot hold that
----· ... -- ........... -"''''-
.
.,. -
·-.-::-..
22 against them for any reas&n what§6ever. I understand

23 that's a hard thing to do"";-,.,.__ what I'm asking you to do is
..-.,~- - c•._,::~-~:--:•.•~~- -..,_-
24 put blinders on and t o"'"J:n-CTe.k.~-s.i mp.l.y ...<:i. t:_ the evidence that
.,.·:_~-~-

25 you have. Okay?
 189

) 2 belong to, but that's not proof of murder.

3 Thank you.

5 MR. GILMORE: Your Honor, counsel.

6 BY MR. GILMORE:

l i uo-n'·"L. 'Know l.I: you guys are ii'Ke me; you··o. pro"ba"b"ly

8 rat~er be home eating dinner. That's where I'd rather be

9 right now.

Let me make i t clear to you. Y'all are going to get a

11 copy of this charge the Judge read to you to take back

12 with you. I was listening to her read i t and I was

"13 watc:.hing you g'!ys_aJ1d this is·v_~~y complicated. This is

14 cmplicated even for somebody who's been practicing law
"'· --··-·-- . -·~. --- ···---~-

15 for thirty years as I have. So you have to read this and
- ~;;..-u .... ·:.... _ .~-.-.,·:-:. ..,._._,_

16 really understand i t because this is the law that applies
t- - ~- • - :.

17 to the offense that Mr. Pate's G~arged with. And I told .

18 y ' ~ J.. 1 · at f i r s t during v_o i_:_.d ire 1 Mr .
.-~- -. . -.1~:-·-·'·•··-....';:l"
···:.-·::.<·::• ..·•:-:,.
PatE; did not want t~
1 9 b .§__j;_ __D e d w i t h Mr ~ 1-1a11: These cases are to. be cons ide r_~ d
----------------~ ,:.·----~-~

20 s~rately by the. ju-ry .. We we-re· forced iril:o::..this trial
--.__ -· ··-
2 1 t a.g_f:!.l: h e r . Mr. Pate does not want to be sitting at that

22 table with Mr. Hall. Our position is that Chad Pate wa~

'-~---------
2 4 an ~::_hi n g ~o do w ~-t, h this . T h~ t ' s our posit i 2-n .
)
25! ----8-~t-I have to look -at t_~_:_do_t~-~.r. ...~-~~-~- See; I don't
 190

1 have the luxury of listening to Ms. Cable argue first and
)
2 then counteract her argument. So I have to anticipate

3 what she's going to say. But I ' l l tell you that the State

4 called twenty witnesses. That's my cqunt. Twenty

5 witnesses. And of tho·s-e···w:Ctnesses, 5.€_venteen of them hac}
~

8 those witnesses ranging from police officers to Tracy

9 W~son and the kids to this gsng expert to the dog
---- ex~
-
/

10 a\1 those -- not one of those people hav@ any~iden~

11 all as to what Chad Pate did in the early morn:rng hours --.0 f
----------
12 January the 4th. ~----------..._
-·) 13 Now, I will tell you that there are ~~o0le(they
14 could have called to show that Chad was associated with

15 these people that committed this cr~me, two people that~

16 they could and should have called if these people -- if

17 these people truly existed and if Chad ~as really there:

18 The two girls at the house on Sawyer Lane, you k~e

19 they showed you the barn with the SS and the circle around

2 0 it_. Why didn't they call them to say, "Yeah, Chad was
"""'

----
21 there"? The only people that say that Chad was there

22 they call seventeen witnesses that didn't have any

23 information about what Chad Pate did on the_ early morning

24 hours of the 4th of January -- were three people. Three
_)
25 people were the only people that testified as to what Chad
 289

1 THE STATE OF TEXAS }{

2 COUNTY OF ARANSAS }{

3

4 I, SHARON D. ANDERSON, Official Court Reporter in and

5 for the 343rd Judicial District Cpurt of Aransas County,

6 State,, f Texas, do hereby certify that the above and

7 foreg~ng contains a true and correct tra~scription of all

8 portions of evidence and other proceedings requested in

9 writing by counsel for the parties and/or Court to be
•
10 included in this volume of the Reporter's Record in the

11 above-styl~d and numbered cause, all of which occurred in

12 open court or in chambers and were reported by me on the

13 designated dates.

14

15 WITNESS MY OFFICIAL HAND this the day of

16 ----c=t~------' 20_~JL.
17

18

19
~~~SJ~~---
~N D. ANDERSON, CSR
20 OFFICIAL COURT REPORTER
343rd Judicial District
21 P. 0. Box 700
Sinton, Texas 78387
22 361-364-6202
Cert. No.: 2650
23 Exp. Date: 12-31-10

24

25