Page 28 - TPA Journal March April 2023

Joe C. Tooley, Legal Digest Editor
Joe C. Tooley, Attorneys & Counselors, Rockwall, Texas
www.TooleyLaw.com 972-722-1058

TEXAS POLICE ASSOCIATION

LEGAL DIGEST

March - April 2023

AUTHOR’S NOTE: It is the goal of this submission to extract those portions of relevant appellate
opinions or the syllabus of the legal reporter which bear directly upon law enforcement methods
and provide guidance for officers on an operational level. Much of the information pertaining to
these cases is lifted verbatim from the court opinion or syllabus with independent analysis inserted
as appropriate. Due to clarity for training purposes, the distinction between quotes from the
opinions and inserted analysis is not always identified and legal citations within the opinion are
often omitted. Emphasis is placed upon reported decisions from the Fifth Circuit Court of Appeals
and the Texas Court of Criminal Appeals.

MIRANDA – CONFESSIONS he went somewhere, so along with their fishing
gear, he brought his .40 caliber Sig Sauer, a .22
Appellant was charged with the capital murder of pistol, and a .22 rifle.
Javier Vega, Jr. (“Harvey”), by
intentionally causing his death in the course of As the two vehicles traveled to the fishing spot,
committing or attempting to commit the offense of they passed a red SUV parked on the side
robbery. A jury found Appellant guilty of capital of the road with two men inside. Harvey’s mother
murder and answered the special issues in such noticed that the SUV was parked on an upslope.
a manner that appellant was sentenced to death. That was unusual to her because, “No one ever
Appeal to this court is automatic. Appellant raises parks on the upslope.” Harvey’s father got a good
twenty-seven points of error. Finding no reversible look at the two men, and his mother made eye
error, we affirm the trial court’s judgment and contact with them. Both parents waved at the two
sentence. men as they passed. The SUV started following
them. After the Vega family arrived at and set up
On Sunday, August 3, 2014, Harvey Vega, a the fishing site, the SUV drove to within 30 yards
border patrol agent, and his family and one of but then reversed and drove away.
his son’s friends went to Harvey’s parents’ house Ten or fifteen minutes later, the SUV returned.
for a barbeque. Afterwards, Harvey and some of Two men jumped out and began firing their
the others left to go target shooting. Later, they all guns at the Vega family. The driver shot Harvey
decided to meet up again to go fishing. Harvey’s point blank and the passenger shot at the parents.
parents drove their own truck. Harvey’s father, According to the parents, the driver shouted “Al
Javier, always carried his gun for protection when suelo, cabron,” meaning “Down to the ground,

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