Page 59 - July August 2019 TPA Journal
P. 59
of the knowledge of Officers Guerrero, Ramirez, Mario Negron and Kenneth Ferrer testified that
and Quinn amounted to probable cause. they were driving in the westbound lane of
Nakoma Drive around 3:00 a.m. when they came
Appellee’s motion to suppress should have been upon the accident. Both testified to driving
denied. The judgment of the court of appeals, through the debris of the accident.
upholding the trial court’s grant of Appellee’s
motion to suppress, is reversed. Because Negron and Ferrer saw Chavez was badly injured
resolution of the first ground leads to this and lying near his motorcycle, and they called for
conclusion, consideration of the second ground is help. They saw Appellant at the scene stumbling
not necessary to the final disposition of the case. near his car which had crashed into a building.
See Tex. R. App. P. 47.1. The matter is remanded When police officers arrived, Appellant told
to the court of appeals for further proceedings. them that Chavez had driven into his lane of
traffic; he later told one of the officers that
State v. Martinez, Tex. Crim. App., No. PD-0324- Chavez had pulled out in front of him as if
17, Jan. 09, 2019. Chavez had been traveling in the same direction
*************************************** as Appellant and had hit Appellant on the right
************************** side.
Chavez was taken to the hospital where he later
EXPERT – RECONSTRUCTIONIST died from his injuries. Dr. Randy Frost, the Bexar
QUALIFICATION County Chief Medical Examiner, testified the
injuries were consistent with an automobile
A jury convicted Appellant of felony murder for accident, and multiple traumatic blunt force
causing the death of another while committing injuries were the cause of death.
felony driving while intoxicated, and it sentenced
him to seventy-five years in prison. The court of Detective John Doyle was assigned to the San
appeals affirmed. We granted Appellant’s Antonio Police Department’s Traffic
petition for discretionary review to decide Investigation Detail. In his twenty-three years as
whether an accident reconstruction expert can a police officer, he had investigated at least a
testify about a specific type of accident thousand vehicular crashes and had testified once
reconstruction in which he has no formal training as an accident reconstruction expert in a case that
and whether accident reconstruction should be involved two cars and a pickup truck. To qualify
governed by the Kelly or Nenno test for for his position in SAPD’s Traffic Investigation
evaluating the reliability of the expert testimony. Detail, Doyle attended three courses related to
We affirm the judgment of the court of appeals. vehicle collisions. Doyle learned the basics of
crash investigation – including “skid to stop”
Appellant left a bar shortly before 3:00 a.m. and formulas, diagram drawing and scene
drove his car eastbound on Nakoma Drive. The measurement – in an intermediate crash
decedent, Gilbert Chavez, was riding his investigation course. He later attended an
motorcycle in the westbound lane of Nakoma advanced course at Texas A&M University where
Drive. As both Appellant and Chavez approached he learned how to conduct an “energy analysis”
the intersection of Nakoma Drive and Colwick to calculate speed. Doyle also took a
Street from opposite directions, the vehicles reconstruction course and courses on accidents
collided. involving pedestrians and bicycles.
July/August 2019 www.texaspoliceassociation.com • 866-997-8282 55
