Archie v. State

1

ZACCHAEUS ARCHIE, Appellant v. THE STATE OF TEXAS, Appellee

No. 01-21-00282-CR

Court of Appeals of Texas, First District

March 30, 2023

Do not publish. Tex.R.App.P. 47.2(b).

On Appeal from the 174th District Court Harris County, Texas Trial Court Case No. 1683895

Panel consists of Chief Justice Adams and Justices Countiss and Rivas-Molloy.

MEMORANDUM OPINION

Veronica Rivas-Molloy Justice

Appellant Zacchaeus Archie was charged with the murder of Tadarius Vaughn ("Vaughn"). At trial, his counsel advanced the theory that Appellant shot Vaughan in self-defense. The jury rejected Appellant's self-defense claim, convicted him of murder, and assessed his punishment at fifty years' confinement in the Institutional Division of the Texas Department of Criminal Justice. Appellant filed a timely written notice of appeal.

In his first two issues, Appellant argues the trial court erred in overruling his motion to suppress his recorded interview with a police detective and in admitting the video of his interview at trial because he was subjected to interrogation without having been advised of his rights under Miranda v. Arizona, 384 U.S. 426, 479 (1966). In his third issue, Appellant argues the trial court erred by including an instruction on the law of retreat in the jury charge over his objection.

We affirm.

Background

On November 29, 2018 at approximately 10:30 p.m., Appellant Zacchaeus Archie ("Archie") shot and killed Vaughn. Archie initially told authorities he had nothing to do with the murder, but at trial, his counsel asserted Archie shot Vaughn in self-defense. The weapon used in the shooting was not recovered.

At trial, Deandra Vaughn Ukah ("Ukah"), Vaughn's mother, testified that her daughter gave Vaughn the keys to her white Ford Focus the night of the shooting. Ukah testified that Vaughn sold marijuana and other drugs, such as Ecstasy. She also testified that her son carried a gun. She testified she did not know whether Vaughn planned to do a drug deal the night he was killed. Text messages and Instagram conversations recovered from Vaughn's phone reflected a planned meeting between Vaughn and Archie at The Colony of Humble apartment complex on November 29, 2018. According to the text and Instagram conversations, Archie planned to purchase an ounce of marijuana and an iPhone from Vaughn, but Vaughn apparently was not able to obtain the ounce of marijuana prior to the planned meeting.

Renita Mathis ("Mathis"), who lived in The Colony of Humble apartment complex, testified that she and her daughter were returning home from choir rehearsal the evening of November 29, 2018. As they were returning to the apartment complex, she saw Vaughn in the driver's seat of a white car. The white car was parked in a no-parking zone in the apartment complex and there were no passengers in the car. Mathis parked and as she started removing items from her car she noticed Vaughn driving by slowly in the white car, but now Mathis noticed there was also a passenger in the car. Mathis testified the passenger looked fairly aggressive and it looked like he was arguing. Soon after Mathis saw the men in the white car, Cory Roberson ("Cory"), Vaughn's friend, approached her and told her to call 9-1-1 because his friend had been shot. Mathis, who did not hear the gunshots, called 9-1-1. During trial, Mathis identified Archie as the passenger in the white car. She also identified Archie from a photo array arranged by the police.

Nathaniel Roberson, Jr. ("Nathaniel"), a maintenance supervisor at The Colony of Humble apartment complex, testified he heard gunshots the evening of November 29, 2018. When he heard the shots, he went outside and saw Vaughn's car still running. As Nathaniel approached the car, he could see someone inside had been shot. Nathaniel testified he saw a bloody t-shirt in the car on the driver's side. As he left to get his phone, the police arrived.

Cory's brother, Larry Roberson ("Larry"), testified that Cory and Vaughn were friends and attended school together. Larry and Cory heard the gunshots, went outside, and Larry called the police. Larry did not see the shooter, but he saw a car speeding away.

Marianne Beynon, M.D. ("Dr. Beynon"), an assistant Harris County medical examiner, performed Vaughn's autopsy. She testified that Vaughn sustained five gunshot wounds from at least four bullets. She determined the cause of death was gunshot wounds to the torso and right arm. Dr. Beynon testified that the gunshot wounds are consistent with the bullets coming from the passenger side of the car, probably at least two feet from the point of impact.

Several law enforcement personnel also testified at trial.

James Cox

Humble Police Officer James Cox ("Officer Cox") was dispatched to the scene of the shooting at approximately 10:30 p.m. He testified he found a white car and encountered Cory, who was trying to open the driver's door of the car. The car was running, and Vaughn was in the driver's seat. Officer Cox testified that Vaughn's foot was still on the accelerator when he arrived. Vaughn did not have a pulse and was bleeding from his right arm and chest. Officer Cox stated that he contacted EMS, the Medical Examiner's Office, and the Humble Police Department's Crime Scene Unit.

Officer Cox testified he saw a handgun and an extra magazine in the center console cupholder and a fired casing on the floorboard of the car. The Crime Scene Unit found marijuana in the car. Officer Cox testified he and his fellow officers were not able to locate any suspects in the area. They secured the scene and interviewed several people who lived in the complex. One person told Officer Cox he had seen a dark-colored vehicle speed from the scene after the shooting. Officer Cox testified that he learned during his investigation that Vaughn was known for selling drugs.

James Abair

Officer James Abair ("Officer Abair"), a Crime Scene Unit investigator for the Humble Police Department, testified he was called to the scene at 10:47 p.m. that night. He took photos of the inside of the white Ford Focus, located and marked the evidence with placards, documented the evidence with photos, and collected evidence from the car. Officer Abair collected approximately eighteen pieces of evidence and took the evidence to the crime lab and the Humble Police Department. Several days later he examined the white Ford Focus, which had been towed to a storage location. The car's center console had two cupholders. The front cupholder contained a black pistol face down and leaning toward the passenger seat. A baggie with .06 ounces of marijuana was leaning on the firearm. The back cupholder had a package of Swisher Sweets cigars, which are used to smoke marijuana, and a 40-caliber magazine. The gun in the console was a Smith & Wesson 40-calibur Shield handgun and it had seven live rounds in it. In response to questioning from defense counsel, Officer Abair testified it was possible Vaughn could have had his hand on the gun in the front center console when he was shot. Officer Abair testified he retrieved two bullet projectiles from inside the car. He also retrieved two cell phones: one from the center console and one from the floorboard. He found three shell casings in the passenger seat, which indicated the driver had been shot multiple times while in the driver's seat of the car and bullets came from the driver's right side. Officer Abair found two bullets had penetrated the driver-side door, possibly after passing through Vaughn's body.

Willis Domilos

Humble Police Detective Willis Domilos ("Detective Domilos") testified he met with Vaughn's mother and sister. He also met with Danielle Riley ("Riley"), Vaughn's girlfriend, who told him someone with the street name "Chulo" may have been involved in the shooting. Detective Domilos then met with Kaleb Robinson ("Kaleb"), Vaughn's friend, who told him Vaughn was supposed to be meeting a mutual friend named "Zach" the night of the murder. When Detective Domilos interviewed witnesses, one witness told him Vaughn was a drug dealer.

Detective Domilos testified he showed Mathis an array of six photos and Mathis, who was visibly shaken, immediately selected Archie's photo. She then stated in writing that she was fifty percent certain the picture she selected was of the person she had seen in the passenger seat of the Ford Focus the night of the shooting.

David Scott

Humble Police Detective David Scott ("Detective Scott") was the lead detective on Vaughn's murder investigation. He testified that when he arrived at the scene at approximately 11:20 p.m. on November 29, 2018, he saw the white Ford Focus with the passenger door open and Vaughn in the driver's seat with "quite a bit of blood on his body." He saw a handgun in the center console cupholder and a small plastic baggie. There were no signs of a robbery at the scene of the shooting.

Detective Scott testified that he spoke to Kaleb, who had been a good friend of Vaughn and who had been with Vaughn before the shooting. Kaleb, who was interviewed three times, was cooperative. Information provided by Kaleb and Riley led the police to Archie, whom they believed was the shooter. Kaleb and Riley called Archie "Zach" and they also referred to him by his nickname, "Chulo." Detective Scott also spoke with Larry and Cory, who heard the shots and the white Ford Focus' engine revving after the shots were fired.

Detective Scott testified that the following day, he met with Vaughn's family and obtained consent to examine the white Ford Focus and Vaughn's phone. Detective Scott saw text messages and Instagram conversations on Vaughn's phone that he believed were related to the shooting. According to Detective Scott, Vaughn's text and Instagram...