Jamal Deon Baker v. the State of Texas
CourtTexas Court of Appeals, 11th District (Eastland)
Date FiledJuly 2, 2026
Docket11-25-00015-CR
StatusPublished
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Full Opinion
Opinion filed July 2, 2026
In The
Eleventh Court of Appeals
__________
No. 11-25-00015-CR
__________
JAMAL DEON BAKER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 35th District Court
Brown County, Texas
Trial Court Cause No. CR30214
MEMORANDUM OPINION
Appellant, Jamal Deon Baker, was charged in a two-count indictment with
aggravated assault with a deadly weapon causing serious bodily injury against a
family member, Barbara Zapata, a first-degree felony (Count One), and aggravated
assault with a deadly weapon against Antonio Zapata, a second-degree felony (Count
Two). See TEX. PENAL CODE ANN. § 22.02(a)(2), (b)(1)(A) West 2026). The jury
convicted Appellant of the charged offenses and assessed his punishment at
imprisonment for (1) forty years in the Institutional Division of the Texas
Department of Criminal Justice (TDCJ) for Count One, and (2) ten years in the TDCJ
for Count Two. The trial court sentenced Appellant accordingly and ordered that
Appellant’s sentences be served concurrently.
In his sole issue on appeal, Appellant argues that the evidence is insufficient
to support the jury’s implied rejection of his claim of self-defense. We affirm.
I. Factual Background
The events that led to the charged offenses began with an argument between
Appellant and his mother-in-law, Barbara, over a drink. On May 8, 2024, Appellant
and his wife, Alyssa Blackburn, traveled to Lake Brownwood for a family gathering
at a covered pavilion near the lakefront. Most of the adults that were there, including
Appellant, consumed alcoholic beverages that day. At some point, Barbara emptied
a plastic cup that Appellant was drinking from and filled it with water.
After he returned, Appellant became upset with Barbara, which drew the
attention of Antonio—Barbara’s husband—and other family members. Appellant
then picked up a knife from a table, made threats to “cut” or “stab” someone, and
ultimately stabbed Barbara on her left hip with the knife. The blade became
embedded in Barbara’s hip and “broke off,” leaving a one-inch fragment of the blade
protruding from the knife’s handle. Antonio fought with Appellant after the
stabbing, who continued to swing the knife handle at Antonio during their skirmish;
other family members also fought with Appellant before he fled.
A. Testimony of Trooper John Hoy
After he was dispatched to a stabbing at the lake, Trooper John Hoy with the
Texas Department of Public Safety encountered Appellant; Trooper Hoy recalled
that Appellant, who identified himself as Jamal and matched the description from
dispatch, flagged him down from the side of the road about one quarter of a mile
2
from the pavilion area. 1 Trooper Hoy noted that Appellant was not wearing a shirt
or shoes when he made contact with him. He also observed that Appellant (1) was
holding a cell phone, (2) smelled of alcohol, and (3) looked as if he had recently
been involved in a physical altercation because he had “some redness” on his person
and his general “disheveled appearance.” Appellant told Trooper Hoy that he was
“scared” and that people had been “stomping on him.” Despite Appellant’s
statements, and based on his observations, Trooper Hoy did not believe Appellant
needed immediate medical attention, so he detained Appellant and placed him in the
passenger seat of the patrol unit and proceeded to the lake. Upon arriving there,
Appellant remained in the patrol unit while Trooper Hoy located Barbara and cleared
the area for emergency services.
While Trooper Hoy was at the scene, he heard yelling directed at Appellant,
and he noticed that the passenger window of the patrol unit was rolled down. Video
footage from an interior camera in the patrol unit showed that Appellant rolled the
window down and that he made a “flipping off” gesture toward individuals who were
near the vehicle. Additionally, Appellant made a phone call to his grandmother
while he was in the patrol unit. Trooper Hoy noted that Appellant was able to
mentally engage in multiple conversations while he was detained, alternating
between answering Trooper Hoy’s questions and responding to his grandmother on
the phone. He also testified to some of Appellant’s statements concerning the
circumstances of the altercation and noted that Appellant did not indicate that Steven
Benson—Barbara’s brother—was present when the stabbing occurred.2
1
Trooper Hoy testified that his interaction with Appellant was captured by his body camera, as well
as the exterior and interior cameras mounted on the patrol unit.
2
Appellant’s statements were captured by an interior camera from Trooper Hoy’s patrol unit.
3
Trooper Hoy transported Appellant to the Brown County jail. He testified that
he had “some concerns” as to whether Appellant sustained a head injury during the
altercation, and he told other law enforcement officers that he believed Appellant
“might have [had] the h--l beat out of him.” Trooper Hoy testified that Appellant’s
demeanor changed and that he became “real sleepy” as they drove to the jail; Trooper
Hoy later transported Appellant to a local hospital for a medical evaluation.
Following an evaluation, Appellant was medically cleared and transported back to
the Brown County jail.
B. Testimony of Deputy John Geis
Deputy John Geis with the Brown County Sheriff’s Department investigated
the scene after the altercation and spoke to some of the witnesses at the lake and the
hospital. Daymond Benson—Barbara’s father—told Deputy Geis that the
altercation started over a shot of “Crown” and that Appellant threatened to stab the
group before he stabbed Barbara, which caused Appellant’s knife to break. Antonio,
Daymond, and Brayden Blackburn—Barbara’s son—said that Antonio and
Blackburn fought with Appellant after the knife broke and that Appellant also
attempted to stab Antonio with the broken knife. Daymond remained with Barbara
while the others fought. Deputy Geis testified that Steven “den[ied] being in the
fight” and that Steven said that “he came in later.” According to Deputy Geis, no
witnesses stated that Steven was involved in the fight when it began. He also said
that Alyssa refused to give a statement. In Deputy Geis’s opinion, evidence obtained
by law enforcement was consistent with witnesses’ statements regarding the
circumstances of the altercation.
C. Testimony of Barbara Zapata
Barbara testified that Appellant had been at the lake four to five hours before
she was stabbed. She testified that Alyssa brought various utensils to the lake that
4
day, including a serrated kitchen knife. Barbara recalled that Appellant and Alyssa
were drinking “Crown Apple” whiskey, mixed with another beverage, from clear
plastic cups.
That afternoon, Barbara found a plastic cup on a table with about “an inch of
[the] drink” left, so she asked the group at the pavilion if the plastic cup was theirs.
After hearing no response, she poured out the contents of the cup, filled it with
water, and sat down in a chair between the pavilion and picnic tables. Thereafter,
Appellant returned to the pavilion and asked the group where his cup was. Barbara
held up the plastic cup and responded, “Is it this one?” Appellant asked Barbara if
she poured out his drink and she responded affirmatively; they then began to argue.
Daymond overheard the argument and told Appellant, “I’ll buy you another bottle
. . . it’s not a big deal.” Appellant said, “that’s not the point . . . the point [is] that
it’s my f-----g cup.” Antonio also overheard the argument and said, “[T]his is
enough, y’all aren’t gonna [sic] fight and argue over it.” Barbara then “stormed” off
and went to her vehicle.
Barbara testified that Antonio told Appellant to leave her alone. Appellant
responded, “You’re a b---h too.” Multiple people, including Barbara, then asked
Appellant to leave. Antonio walked toward Appellant, and the two men
moved toward the end of the picnic table where Brayden and Daymond were
located. Barbara recalled that, at this point in the altercation, everyone was
“standing and yelling” except for Steven, who was at a nearby fishing dock. At some
point, Appellant picked up the serrated knife from a picnic table and told Antonio,
“I’ll f-----g cut you.” Barbara perceived Appellant’s behavior as a threat, so she put
herself between Antonio and Appellant and attempted to de-escalate the situation.
Barbara testified that, even though Appellant had a knife, she was not scared because
she “didn’t think that [the argument] was gonna [sic] go any further.”
5
Antonio told Appellant to “go ahead and stab [him]” and said that he was “not
scared of a knife.” Barbara testified that the next thing she remembered was that
Appellant “swung his arm,” which caused Antonio to “go around” her body and
“tumble” with Appellant toward the lake. Brayden followed shortly behind. Barbara
stated that she did not know that she had been stabbed but recalled that Daymond
“put[] his arm around [her] shoulder and ask[ed] [her] to sit down” on the ground.
Barbara observed that the knife blade did not pierce her clothing when she was
stabbed; instead, the knife blade pushed her clothes into the wound before it broke,
leaving a portion of the serrated blade embedded in her hip.
According to Barbara, Steven ran over from the dock to check on her after she
was stabbed. He then chased after Appellant, caught him, and choked him.
Barbara recalled that Antonio, Brayden, and Steven each hit Appellant after she was
stabbed. Barbara also observed Appellant “swinging” the knife handle at them while
they fought. After Alyssa returned from the restroom, she broke up the altercation.
As Appellant fled, he yelled, “Did you think I wouldn’t use it? Did you think I was
f-----g playing?” Barbara was transported to the hospital by ambulance, and she
underwent surgery to remove the blade that was embedded in her hip. 3
On cross-examination, Barbara testified that “these [types of] encounters”
were not common occurrences between herself and Appellant, but she
acknowledged that Appellant and Antonio had “bickered back and forth off and on”
in the past. Barbara stated that Antonio (1) had never directed racial slurs at
Appellant, (2) was not associated with any gangs, and (3) had never killed anyone
or boasted about it. Barbara further testified that Antonio did not “chest bump”
3
Barbara testified that the knife wound was four and one-half inches deep and two inches in
diameter, and that additional surgeries or other medical treatments may be required to address the effects
of her injury.
6
Appellant during the altercation, and he was not very aggressive with Appellant
before she was stabbed.
D. Testimony of Daymond Benson
Daymond believed that Appellant was intoxicated when the altercation
occurred and stated that Appellant’s overreaction, yelling, and behavior led to other
people at the pavilion becoming involved. He also stated that Steven was not at the
pavilion when the altercation began. At some point, Daymond told Appellant,
“You’re making me want to slap the s--t out of you.”
According to Daymond, as the argument escalated, Appellant grabbed the
serrated knife and said, “I’ll stick you.” Barbara told Appellant to put the knife down
and Appellant responded, “[b]---h, I’ll stick you too.” Barbara stepped toward
Appellant and asked him to “give [her] the knife, don’t be stupid.” Appellant then
“step[ped] sideways off the cement” under the pavilion, which was approximately
six inches above the ground. Barbara grabbed Appellant by the wrist as he stepped
off but lost her grip. Appellant then stabbed her on her side and the blade broke.
Daymond testified that he helped Barbara after she was stabbed while Appellant
“went towards the water” and fell. Daymond later heard Appellant laughing from
inside the patrol unit after he was detained, stating, “Told you I’d do it.”
E. Testimony of Deputy Toby Mathis
Deputy Toby Mathis with the Brown County Sheriff’s Department
interviewed Barbara at the hospital approximately one hour after she was stabbed.
During her statement, Barbara said that Steven was present during the altercation
prior to the stabbing and tried to “de-escalate” the situation. He further stated that
some of Barbara’s statements during the interview were “somewhat confusing” as
to whether Appellant picked up the knife once or twice, but that Barbara was on pain
medication at the time.
7
Barbara told Deputy Mathis that the altercation began after Antonio and
Steven tried to de-escalate an argument between Brayden and Appellant, and that
Appellant was “swinging” at them while they were unarmed. Thereafter, Appellant
picked up a knife from a table. Barbara said that she approached Appellant while he
was walking “backwards” when she was stabbed.
F. Testimony of Antonio Zapata
Antonio was cooking food for the family when he overheard Appellant and
Barbara arguing; he then asked Appellant to “just leave or pour another cup.”
Appellant picked up the knife and stated that he was going to stab Antonio. Antonio
testified that he approached Appellant—without physically engaging him—and told
Appellant, “Come with it then. I’ve been stabbed before. Let’s do this.” Barbara
“got in the middle” and tried to de-escalate the situation. According to Antonio,
Appellant tripped, kicked Barbara in the stomach, and stabbed Barbara. Once
Barbara was stabbed, Antonio jumped over Barbara and “attacked” Appellant.
Antonio recalled that Appellant attempted to use the knife handle to stab him in the
ribs multiple times which resulted in “scrapes” on Antonio’s body. Steven and
Brayden then joined the fight.
Appellant said, “I told you I would do it” as he fled after the altercation.
Antonio believed that Appellant’s statement meant that he intended to hurt Antonio
with the knife.
G. Testimony of Brooklyn Borgia
Brooklyn Borgia observed the stabbing after she returned from the restroom,
which was located approximately twenty yards from the pavilion. 4 Borgia heard
yelling as she walked back and saw Appellant, Barbara, Antonio, and Daymond
arguing. Borgia did not believe that anyone had a weapon at the time. Thereafter,
4
Erin Sliger and Alyssa were also returning from the restroom at the time.
8
some of the group “back[ed] away from the table.” Borgia testified that Appellant
was holding a knife at his side as they were backing up from the table, but she did
not know when he obtained it. Additionally, she believed that Appellant was the
only individual with a knife or weapon during the altercation. Borgia recalled that
Barbara was the closest person to Appellant before the stabbing.
Borgia looked away when the stabbing occurred but remarked that
“[e]verybody. . . went ballistic after [Barbara] got stabbed.” After the stabbing, she
observed Antonio “pin[]” Appellant on the ground. Brayden then hit Appellant.
Borgia testified that Steven was not present at the pavilion when Barbara was
stabbed, but that he “show[ed] up afterwards”; she thought Steven “also came and
hit Jamal” after the stabbing. Borgia called 9-1-1 and Appellant fled.
H. Testimony of Erin Sliger
Sliger, Alyssa’s cousin, was also returning from the restroom when the
altercation occurred. She recalled hearing Antonio tell Appellant, “[y]ou’re not
gonna [sic] stab nobody, put the knife down.” Sliger believed that Antonio did not
physically touch Appellant before the stabbing occurred; rather, Antonio “[came] up
to [Appellant],” which caused Appellant to back up. Sliger testified that Barbara
was stabbed after Appellant and Barbara fell next to the pavilion. Appellant then
fought with Antonio. Sliger recalled that Appellant was holding the broken knife
when he fought Antonio, and she observed that approximately one inch of the broken
blade was protruding from the knife handle in Appellant’s possession.
I. Testimony of Steven Benson
Steven testified that he was at a fishing dock, approximately 150 yards away
from the pavilion, when the altercation occurred. Steven did not see the stabbing
but testified that he ran to the pavilion as soon as he heard people scream that his
“sister got stabbed.” Steven recalled that, once he got to the pavilion, Appellant
9
yelled, “I told you I would do it.” Steven testified that he “put [Appellant] on the
ground” before they “thr[ew] punches” at each other. Steven also engaged Appellant
in a “headlock” and choked him.
Steven later saw Appellant sitting in the passenger’s seat of Trooper Hoy’s
patrol unit. According to Steven, Appellant smiled, “flipped [Steven] off,” and said,
“I told you I would do it.” Steven admitted that he was angry after the stabbing
occurred and that he yelled back at Appellant, but he did not recall what was said.
J. Testimony of Appellant
Appellant recounted a different sequence of events. Appellant testified that
everyone was upset and “in a mourning state” that day. He recalled that he brought
“Crown” to the gathering and was pouring drinks for everyone, including himself.
At some point, Appellant went on a boat ride with his son. When Appellant returned
to the pavilion, he noticed that his cup of “soda” was empty. Appellant said that he
asked the group “what happened to [his] drink,” but his inquiry was ignored.
Appellant got closer to the group and asked the same question again. Barbara
said that she “poured [his drink] out” and told Appellant to “leave her the f--k alone
about it.” Appellant then said, “[w]hatever. . . you cry about everything.” Barbara
walked away. According to Appellant, Antonio approached him, “chest bumped”
him five or six times to “back [him] up,” and told him to leave. They exchanged
“cuss words” as Appellant backed up through a row of tables in the pavilion. Around
this time, Appellant noticed that five individuals—Daymond, Steven, Brayden,
Antonio, and Barbara—were “closing on” him and he became “scared.”
Appellant told the group that he could “whoop” Antonio. Steven retorted,
“No, we’d kill you.” Appellant testified that Steven’s response “frightened” him.
After Appellant reached a step at the end of the pavilion, he grabbed a knife from a
table and told the group to “back the f--k up.” However, the group continued to
10
approach him. Antonio told Appellant that “he [had] been stabbed before” and “to
go ahead [and] use the knife.” According to Appellant, Barbara then got close to
him, yelled something “in his face,” and kicked him in the chest, which caused
Appellant to fall onto the ground. Appellant testified that he kicked Barbara as he
fell and that several individuals from the group punched him in the face, head, and
ribs while he was on the ground. Appellant did not know who hit him because he
covered his face. Appellant further stated that someone was “stomp[ing] and
kick[ing]” him which caused a “sharp pain” on his left hip. At some point, Appellant
got up.
Appellant confirmed that he believed he was in imminent danger of serious
bodily injury at this time and that his only recourse was to “fight back,” so he
“swung” the knife toward the group—which struck Barbara and caused the knife
blade to break. Antonio then jumped on Appellant before he could run away, and
Brayden punched Appellant in the face. Appellant “balled up” while Antonio and
Brayden punched and kicked him. Steven later put Appellant into a choke hold and
said, “[you’re] dead.” Appellant stated that his breath was impeded by the chokehold
and that he “thought he was dead,” but Alyssa ran over to stop the altercation, which
caused Steven to release him.
Appellant testified that he did not have a good relationship with Antonio or
Steven and said that the family had made racial comments about him in the past.
Appellant testified that the family would often “fight[]. . . any time there’s alcohol
involved.” Appellant believed that Antonio, Brayden, Daymond, and Steven each
had a history of violence and fighting, which made him fearful of them. Further,
Appellant believed that each of them were known to carry a weapon, like a knife or
a firearm, on their person.
11
On cross-examination, Appellant recalled that everyone was wearing swim
attire while at the lake, and he knew Antonio did not have a firearm on his person
that day. However, Appellant testified that Brayden “could very well possibly” have
had one. Appellant admitted that no one at the gathering prevented him from leaving
the park before he grabbed the knife. Additionally, Appellant admitted that he
threatened to stab Antonio during the altercation and that he had possession of the
broken knife while he fought with Steven and Brayden. He also admitted that the
ensuing altercation would not have occurred had he left; however, Appellant did not
leave because (1) he was “worried” that Barbara poured out his drink, (2) “by the
time [he] registered that the [altercation] was escalating” he was “surrounded,” and
(3) he did not think it was fair for the family to ask him to leave.
Appellant further testified that, following the altercation, he could: (1) walk
and run; (2) talk to the police; (3) use “Siri” to make a phone call to his grandmother;
(4) recognize that he was being recorded while he was detained in the patrol unit;
(5) use his foot to roll down the passenger window of the patrol unit; and (6) make
gestures to the family while detained. Finally, Appellant said that he had his cell
phone after the altercation but was unsure how it came into his possession. Appellant
recalled that he ran through the pavilion area when he fled.
K. Testimony of Alyssa Blackburn
Alyssa’s observation of the altercation differed from Borgia’s and Sliger’s
testimony. After Alyssa returned from the restroom, she saw Barbara, Antonio,
Steven, Daymond, and Brayden “surround” Appellant and “yell” at him. The group
then repeatedly pushed Appellant onto the ground as he tried to get up. At some
point while he was on the ground, Appellant “swung” and stabbed Barbara. Alyssa
testified that although the group “pushed” Appellant in the face, the altercation did
not “turn into blows” until Barbara was stabbed. After that, the group “surrounded”
12
Appellant and kicked him in the body and head. Alyssa testified that she was
“worried for [Appellant’s] safety” after the stabbing, so she jumped on top of
Appellant to “protect his head.” According to Alyssa, the group started “kicking”
her as well. She testified that Appellant did not get along with her family, and that
“[t]hey’re always arguing.”
L. Testimony of Debra Gail Harwell
Debra was at a fishing dock with her family on the day of the altercation. She
testified to hearing an argument between a male and a female coming from the park
pavilion, approximately “half a football field” away. As the argument escalated, she
called 9-1-1 to report the disturbance. She believed that it was “a bunch of guys
fighting” near the water, but she did not see anyone get stabbed. She testified that
she did not remember whether anyone else was on the dock when the altercation
occurred.
M. Testimony of Dr. Johnathan Ford
Dr. Johnathan Ford, an emergency medicine physician and the medical
director for the emergency department at Hendrick Medical Center in Brownwood,
testified about the treatment he provided to Barbara, Brayden, and Appellant after
the altercation. Dr. Ford believed that the injuries to Brayden’s hands were
consistent with “blunt trauma or hitting something directly.” Dr. Ford testified that
Barbara’s stab wound required surgery to remove the blade from her hip, and he was
concerned that she could develop a debilitating condition in the future because of
the injury. As for Appellant’s injuries, Dr. Ford observed that Appellant had scrapes,
contusions, and swelling on his face, and he testified that, while it is possible that
Appellant sustained a mild concussion, it would not appear on a CAT scan.
13
Although a self-defense instruction was submitted in the trial court’s charge,5
the jury found Appellant guilty of both indicted offenses.
II. Standard of Review
In his sole issue, Appellant argues that the evidence is insufficient to support
the jury’s rejection of his claim of self-defense for both offenses. 6
We review a challenge to the sufficiency of the evidence, regardless of
whether it is framed as a legal or factual sufficiency challenge, under the standard of
review set forth in Jackson v. Virginia, 443 U.S. 307 (1979). Brooks v. State, 323
S.W.3d 893, 912 (Tex. Crim. App. 2010); Polk v. State, 337 S.W.3d 286, 288–89
(Tex. App.—Eastland 2010, pet. ref’d). Under the Jackson standard, we review all
the evidence in the light most favorable to the verdict to determine whether any
rational trier of fact could have found the essential elements of the charged offense
beyond a reasonable doubt. Jackson, 443 U.S. at 319; Garcia v. State, 667 S.W.3d
756, 761 (Tex. Crim. App. 2023); Isassi v. State, 330 S.W.3d 633, 638 (Tex. Crim.
App. 2010).
Similarly, when a defendant challenges the sufficiency of the evidence to
support the rejection of a defensive theory asserted by him, such as self-defense, we
examine all the evidence in the light most favorable to the verdict to determine
whether a rational jury could have found the defendant guilty of all essential
elements of the charged offense beyond a reasonable doubt and also could have
found against the defendant on the self-defense issue beyond a reasonable doubt.
5
In most scenarios, a defendant who uses deadly force against an unarmed victim is not entitled to
a deadly-force self-defense instruction. See Luna v. State, 687 S.W.3d 79, 109 n.7 (Tex. App.—Eastland
2024, pet. ref’d) (compiling cases involving unarmed victims where a defendant was not entitled to a
deadly-force self-defense instruction).
However, Appellant does not argue that the evidence is insufficient to support the elements of
6
aggravated assault as charged in either Count One or Two of the indictment.
14
Saxton v. State, 804 S.W.2d 910, 914 (Tex. Crim. App. 1991); see also Braughton v.
State, 569 S.W.3d 592, 609 (Tex. Crim. App. 2018) (reaffirming Saxton).
To support a claim of self-defense, the defendant bears the burden to produce
some evidence to support the defense; the State bears the burden of persuasion to
disprove it. Braughton, 569 S.W.3d at 608 (citing Zuliani v. State, 97 S.W.3d 589,
594 (Tex. Crim. App. 2003)); Saxton, 804 S.W.2d at 913–14. Once the defendant
produces that evidence, the State’s burden does not require the production of
additional evidence to disprove the defense; instead, it requires only that the State
prove the defendant’s guilt beyond a reasonable doubt. Zuliani, 97 S.W.3d at 594–
95. Furthermore, because the State must rebut a defensive issue by establishing the
defendant’s guilt beyond a reasonable doubt, we review sufficiency challenges to
the jury’s rejection of a defensive issue under the traditional legal sufficiency
standard. Smith v. State, 355 S.W.3d 138, 145 (Tex. App.—Houston [1st Dist.]
2011, pet. ref’d); see also Saxton, 804 S.W.2d at 914.
When a defendant raises a justification defense, such as self-defense, a finding
of guilt by the jury is an implicit rejection of the defensive theory. Zuliani, 97
S.W.3d at 594–95; Saxton, 804 S.W.2d at 914; see also Miller v. State, 712 S.W.3d
235, 250 (Tex. App.—Eastland 2025, pet. filed). Therefore, because a claim of self-
defense is a fact issue to be determined by the jury, the jury is free to accept or reject
the defensive theory, either version of the facts, and any part of a witness’s
testimony. Febus v. State, 542 S.W.3d 568, 572 (Tex. Crim. App. 2018); see Saxton,
804 S.W.2d at 912 n.3.
Viewing the evidence in the light most favorable to the verdict requires that
we consider all the evidence admitted at trial, including improperly admitted
evidence. Winfrey v. State, 393 S.W.3d 763, 767 (Tex. Crim. App. 2013); Brooks,
323 S.W.3d at 899; Clayton v. State, 235 S.W.3d 772, 778 (Tex. Crim. App. 2007);
15
Lee v. State, 676 S.W.3d 912, 915 (Tex. App.—Eastland 2023, no pet.). As such,
we defer to the factfinder’s credibility and weight determinations because the
factfinder is the sole judge of the witnesses’ credibility and the weight their
testimony is to be afforded. See TEX. CODE CRIM. PROC. ANN. art. 36.13 (West
2007); Garcia, 667 S.W.3d at 762; Winfrey, 393 S.W.3d at 768; Brooks, 323 S.W.3d
at 899; Clayton, 235 S.W.3d at 778. This deference accounts for the factfinder’s
duty to resolve conflicts in the testimony, to weigh the evidence, and to draw
reasonable inferences from basic facts to ultimate facts. Jackson, 443 U.S. at 319;
Garcia, 667 S.W.3d at 761; Clayton, 235 S.W.3d at 778. We may not reevaluate the
weight and credibility of the evidence to substitute our judgment for that of the
factfinder. Garcia, 667 S.W.3d at 762; Winfrey, 393 S.W.3d at 768; Dewberry v.
State, 4 S.W.3d 735, 740 (Tex. Crim. App. 1999). Therefore, if the record supports
conflicting inferences, we presume that the factfinder resolved the conflicts in favor
of the verdict, and we defer to that determination. Jackson, 443 U.S. at 326; Garcia,
667 S.W.3d at 761; Merritt v. State, 368 S.W.3d 516, 525–26 (Tex. Crim. App.
2012); Clayton, 235 S.W.3d at 778.
Because the standard of review is the same, we treat direct and circumstantial
evidence equally. Isassi, 330 S.W.3d at 638; Clayton, 235 S.W.3d at 778; Hooper v.
State, 214 S.W.3d 9, 13 (Tex. Crim. App. 2007). It is not necessary that the evidence
directly prove the defendant’s guilt. Rather, circumstantial evidence is as probative
as direct evidence in establishing the guilt of an actor and can, without more, be
sufficient to establish his guilt. Carrizales v. State, 414 S.W.3d 737, 742 (Tex. Crim.
App. 2013) (citing Hooper, 214 S.W.3d at 13); Lee, 676 S.W.3d at 915. A guilty
verdict does not require that every fact must directly and independently prove a
defendant’s guilt. Hooper, 214 S.W.3d at 13. Instead, the cumulative force of all
the incriminating circumstances is sufficient to support the conviction. Id.
16
Therefore, in evaluating the sufficiency of the evidence, we must consider the
cumulative force of all the evidence. Villa v. State, 514 S.W.3d 227, 232 (Tex. Crim.
App. 2017); Murray v. State, 457 S.W.3d 446, 448 (Tex. Crim. App. 2015).
III. Analysis
As relevant here, a person commits the offense of aggravated assault if he
intentionally or knowingly threatens another with imminent bodily injury or causes
serious bodily injury to another and uses or exhibits a deadly weapon during the
commission of the assault. See PENAL §§ 22.01(a)(2), 22.02(a)(2). “Bodily injury”
is defined as “physical pain, illness, or any impairment of physical condition.”
PENAL § 1.07(a)(8) (West Supp. 2025). “Serious bodily injury” is defined as “bodily
injury that creates a substantial risk of death or that causes death, serious permanent
disfigurement, or protracted loss or impairment of the function of any bodily
member or organ.” Id. § 1.07(a)(46). “Deadly weapon” is defined as “anything
manifestly designed, made, or adapted for the purpose of inflicting death or serious
bodily injury” or “anything that in the manner of its use or intended use is capable
of causing death or serious bodily injury.” Id. § 1.07(a)(17)(A), (B). This offense
becomes a first-degree aggravated assault if, as here, “the [defendant] uses a deadly
weapon during the commission of the assault and causes serious bodily injury to a
person whose relationship to or association with the defendant is described by
Section 71.0021(b), 71.003, or 71.005, [of the] Family Code,” such as a family
member or a member of the defendant’s household. Garcia, 667 S.W.3d at 762
(quoting PENAL § 22.02(b)(1)); see TEX. FAM. CODE ANN. §§ 71.003, .005 (West
2019).
It is undisputed that Appellant (1) stabbed Barbara with a knife, and
(2) attempted to stab Antonio with a broken knife. Appellant concedes that there is
sufficient evidence for the jury to have found the essential elements of the charged
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offenses beyond a reasonable doubt. Rather, in this appeal, Appellant only
challenges the sufficiency of the evidence to support the jury’s rejection of his claim
of self-defense for each offense.
In asserting self-defense, the use of force is justified “when and to the degree
the [defendant] reasonably believes the force is immediately necessary to protect the
[defendant] against the other’s use or attempted use of unlawful force.” PENAL
§ 9.31(a). Similarly, a person is justified in using deadly force against another (1) if
he would be justified in using force against the other under Section 9.31 and
(2) when and to the degree he reasonably believes that deadly force is immediately
necessary to protect himself against the other’s use or attempted use of unlawful
deadly force. PENAL § 9.32(a)(1), (a)(2)(A) (West 2019). “‘Deadly force’ means
force that is intended or known by the actor to cause, or in the manner of its use or
intended use is capable of causing, death or serious bodily injury.” Id. § 9.01(3)
(emphasis added).
“The reasonably believes language contains subjective and objective
components.” Lozano v. State, 636 S.W.3d 25, 32 (Tex. Crim. App. 2021) (emphasis
added). First, a “defendant must subjectively believe that another person used or
attempted to use unlawful force (Section 9.31) or deadly force (Section 9.32) against
the defendant and that the defendant’s use of unlawful or deadly force in response
was immediately necessary.” Id. Second, a defendant’s subjective belief must be
objectively reasonable, because a reasonable belief is one that would be held by an
ordinary and prudent person in the same circumstances as the defendant. Id. (citing
PENAL § 1.07(a)(42)).
A defendant’s belief that deadly force was immediately necessary is presumed
to be reasonable if: (1) the defendant knows or has reason to believe that the person
against whom the deadly force was used was committing or attempting to commit
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an enumerated offense as described by Section 9.32; (2) the defendant did not
provoke the person against whom the force was used; and (3) the defendant was “not
otherwise engaged in criminal activity, other than a Class C misdemeanor that is a
violation of a law or ordinance regulating traffic at the time the force was used.” See
id. § 9.32(b). Moreover, evidence of self-defense may be raised by “other witnesses’
testimony about the defendant’s acts and words at the time of the offense.” Lozano,
636 S.W.3d at 33 (citing Smith v. State, 676 S.W.2d 584, 585 (Tex. Crim. App.
1984)).
The trial court submitted a multiple-assailants instruction. See Jordan v.
State, 593 S.W.3d 340, 343–44 (Tex. Crim. App. 2020) (“When the evidence viewed
from the defendant’s standpoint shows an attack or threatened attack by more than
one assailant, the defendant is entitled to a multiple assailants instruction.”). For
each count, the jury was instructed to acquit Appellant if they believed that
Appellant’s use of deadly force in each instance was immediately necessary to
protect himself against the use or attempted use of unlawful deadly force by Barbara,
Antonio, Daymond, Steven, or Brayden. See id. at 344 (“‘[M]ultiple assailants’ does
not require evidence that each person defended against was an aggressor in his own
right; it requires evidence that the defendant had a reasonable fear of serious bodily
injury from a group of people acting together.”).
Appellant contends that a rational jury could not find against him on the issue
of self-defense because the evidence adduced at trial established that: (1) he was not
the initial aggressor of the altercation; (2) his actions were in response to the actions
of multiple individuals—Barbara, Antonio, Steven, Brayden, and Daymond—who
were “yelling, cursing and physically pushing” him; (3) he had a right to be present
at the park on the day of the altercation; (4) he subjectively believed that deadly
force was immediately necessary to protect himself from the others use or attempted
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use of unlawful force against him; and (5) his use of force was proportional to the
threats that were directed at him during the altercation.
We note that the evidence upon which Appellant relies to support his claim
that he was acting in self-defense is derived in part from statements that he made to
law enforcement—recordings of which were published to the jury—and his trial
testimony. Thus, Appellant’s theory of self-defense was inherently a credibility
issue for the jury to resolve, and because it was, the jury was free to reject it. See
Saxton, 804 S.W.2d at 914; see also Braughton, 569 S.W.3d at 611–13; Barron v.
State, 630 S.W.3d 392, 404 (Tex. App.—Eastland 2021, pet. ref’d).
Here, there is sufficient evidence to support the jury’s rejection of Appellant’s
claim of self-defense. First, a reasonable jury could have concluded that Appellant
provoked the altercation, thereby rebutting the presumption that Appellant’s belief
that his use of force was reasonable under the circumstances. See PENAL § 9.32(b);
see also Harrell v. State, No. 11-22-00261-CR, 2024 WL 39936, at *3–4 (Tex.
App.—Eastland Jan. 4, 2024, no pet.) (mem. op., not designated for publication).
Second, the evidence also supports the jury’s rejection of Appellant’s claim that he
subjectively believed that his use of force was immediately necessary to protect him
against the group’s use or attempted use of unlawful force. See PENAL §§ 9.31(a),
9.32(a), (b); see also Lozano, 636 S.W.3d at 32–33; Jordan, 593 S.W.3d at 343–44.
Appellant first argues that the following evidence demonstrates that Barbara
provoked the altercation, and that the jury acted irrationally when it did not find in
favor of Appellant on his claim of self-defense: (1) multiple individuals (the group)
physically pushed Appellant from the pavilion while yelling at him; (2) Appellant’s
testimony regarding threats made against him in the past by family members;
(3) Barbara’s statements at the hospital and Debra’s statements, which indicated that
Steven was present at the pavilion before the stabbing occurred and not on the dock;
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(4) Steven and D