Ex parte Todman

1

Ex parte Travis Todman

Nos. 02-23-00061-CR, 02-23-00062-CR, 02-23-00063-CR, 02-23-00064-CR

Court of Appeals of Texas, Second District, Fort Worth

August 3, 2023

Do Not Publish Tex.R.App.P. 47.2(b)

On Appeal from the 371st District Court Tarrant County, Texas Trial Court Nos. 1570584, 1734243, 1742841, 1764911

Before Kerr, Womack, and Wallach, JJ.

MEMORANDUM OPINION

Elizabeth Kerr, Justice

In a two-count indictment, the State charged Appellant Travis Todman with manslaughter and racing on a highway causing death. See Tex. Penal Code Ann. § 19.04; Tex Transp. Code Ann. § 545.420(a), (h). In September 2022 a jury acquitted Todman of both offenses but found him guilty of racing on a highway, a lesser-included offense of racing causing death. See Tex. Transp. Code Ann. § 545.420(a), (d). The trial court assessed his punishment at 120 days in jail. Todman has not appealed that conviction and sentence.

The State had also charged Todman in separate indictments with two counts of failing to stop and render aid arising from the racing incident but did not proceed to trial on those charges in September 2022. See id. § 550.021. In January 2023, however, a grand jury reindicted Todman on those charges. Todman filed a pretrial application for writ of habeas corpus arguing that collateral estoppel as embodied in the Fifth Amendment's Double Jeopardy Clause barred the State from prosecuting him for failing to stop and render aid. The trial court denied Todman habeas relief, and Todman has appealed. In a single issue, he argues that the State is collaterally estopped from prosecuting him for failing to stop and render aid. We will affirm the trial court's orders denying Todman habeas relief in trial-court Cause Numbers 1734243, 1742841, and 1764911 and will dismiss for want of jurisdiction Todman's appeal from the trial court's order in trial-court Cause Number 1570584.

I. Background

In the early morning hours of October 28, 2018, Todman and Javon Torres were racing their cars in the southbound lanes of McCart Avenue in Fort Worth. Keenan Hilsabeck and Cody Nager were in a car traveling northbound on McCart Avenue. Nager-who had been drinking that night-was driving, and Hilsabeck was in the front passenger seat.

When Nager and Hilsabeck reached the intersection of McCart Avenue and Columbus Trail, Nager started to turn left onto Columbus Trail on a yellow light but braked in the intersection. Todman, who had a green light, struck Nager's car. Nager was badly injured, and Hilsabeck was killed. Todman was also injured but left the scene by crawling to his home, which was 300 to 400 yards from the place of the accident. Torres had avoided the collision and fled the scene.

A grand jury indicted and re-indicted Todman on multiple counts:

• Cause Number 1570584: (1) aggravated assault causing serious bodily injury to Nager and (2) racing causing serious bodily injury to Nager;

• Cause Number 1570585: (1) manslaughter and (2) racing causing Hilsabeck's death;

• Cause Number 1734243 (partial re-indictment of 1570585): (1) aggravated assault with a deadly weapon against Hilsabeck, (2) manslaughter, (3) racing causing Hilsabeck's death; and (4) failing to stop and render aid to Hilsabeck; and

• Cause Number 1742841 (partial re-indictment of 1734243): (1) manslaughter, (2) aggravated assault with a deadly weapon against Nager, (3) racing causing Hilsabeck's death, (4) failing to stop and render aid to Hilsabeck, and (5) failing to stop and render aid to Nager.

Todman moved to quash the indictment in Cause Number 1742841, arguing that it should be dismissed and quashed because it was brought more than three years after the commission of the alleged offenses, and the State had failed to allege tolling facts in the indictment. See Tex. Code Crim. Proc. Ann. art. 12.01. Just before voir dire on the first day of Todman's September 2022 trial, the trial court granted Todman's motion in part and quashed Counts 2, 3, and 5 in Cause Number 1742841. See id. Over Todman's objection, the State then opted to proceed to trial on the indictment in Cause Number 1570585-manslaughter and racing causing Hilsabeck's death.

In its opening statement, the State explained to the jury that Todman had left the scene of the accident. During the week-long trial, the jury heard testimony from, among others, Nager; Torres; eyewitnesses to Todman's and Torres's racing, the accident, and the accident's aftermath; a police officer who had responded to the accident and had located Todman at his home; a detective who had responded to and investigated the accident; a medical examiner at the Tarrant County Medical Examiner's Office who testified about the cause and manner of Hilsabeck's death (blunt-force trauma and the accident, respectively); the State's and Todman's accident-reconstruction experts; and a toxicologist with the Tarrant County Medical Examiner's Office.

Throughout the trial, the State presented evidence proving that Todman had left the scene of the accident. The State emphasized Todman's flight in its closing argument and pointed to it as evidence supporting Todman's guilt. At the trial's conclusion, the jury was charged in relevant part as follows:

Now, therefore, if you find and believe from the evidence beyond a reasonable doubt, that the Defendant, Travis Kirby Todman, on or about the 28th day of October 2018, in the County of Tarrant, State of Texas, did then and there recklessly, by driving a motor vehicle at excessive speed through a multi-lane intersection while engaged in a race or speed competition with another motor vehicle, cause the death of an individual, Keenan Hilsabeck, by driving said motor vehicle into or against another motor vehicle occupied by Keenan Hilsabeck; and you further find beyond a reasonable doubt that the death of Keenan Hilsabeck would not have occurred but for the conduct of the Defendant, operating alone or concurrently with another cause, then you will find the Defendant guilty of the offense of Manslaughter as charged in Count One of the Indictment.

Unless you so find and believe from the evidence beyond a reasonable doubt, or if you have a reasonable doubt thereof, then you will find the Defendant not guilty of the offense charged in Count One of the Indictment; or if you find from the evidence that a concurrent cause was clearly sufficient to produce Keenan Hilsabeck's death and that the Defendant's conduct was clearly insufficient to produce Keenan Hilsabeck's death, or if you have a reasonable doubt thereof, then you will find the Defendant not guilty of the offense charged in Count One of the Indictment. In either event, you will next proceed to consider Count Two of the Indictment.

Now, therefore, if you find and believe from the evidence beyond a reasonable doubt, that the Defendant in the County of Tarrant and State aforesaid on or about the 28th day of October 2018, did knowingly participate in any manner in a race, vehicle speed competition, contest, a drag race or acceleration contest, or in connection with a drag race, an exhibition of vehicle speed or acceleration, or to make a vehicle speed record, and that as a result, Keenan Hilsabeck did suffer death; and you further find that the death of Keenan Hilsabeck would not have occurred but for the conduct of the Defendant, operating alone or concurrently with another cause, then you will find the Defendant guilty of racing on a highway or roadway causing death as charged in Count Two of the Indictment.

Unless you so find and believe from the evidence beyond a reasonable doubt, or if you have a reasonable doubt thereof, then you will find the Defendant not guilty of the offense charged in Count Two of the Indictment and next consider whether he is guilty of racing on a highway or roadway; or if you find from the evidence that a concurrent cause was clearly sufficient to produce Keenan Hilsabeck's death and that the Defendant's conduct was clearly insufficient to produce Keenan Hilsabeck's death, or if you have a reasonable doubt thereof, then you will find the Defendant not guilty of the offense charged in Count Two of the Indictment and next consider whether he is guilty of racing on a highway or roadway.

Now, therefore, if you find and believe from the evidence beyond a reasonable doubt, that the Defendant in the County of Tarrant and State aforesaid on or about the 28th day of October 2018, did knowingly participate in any manner in a race, vehicle speed competition, contest, a drag race or acceleration contest, or in connection with a drag race, an exhibition of vehicle speed or acceleration, or to make a vehicle speed record, then you will find the Defendant guilty of racing on a highway or roadway.

Unless you so find and believe from the evidence beyond a reasonable doubt, or if you have a reasonable doubt thereof, then you will find the Defendant not guilty of racing on a highway or roadway. [Emphases added.]

The jury acquitted Todman of manslaughter and racing causing death but found him guilty of racing. Todman opted to have the trial court assess his punishment.

Before the trial court assessed Todman's punishment, a grand jury reindicted Todman in January 2023 under Cause Number 1764911 on two counts of failure to stop and render aid alleging that on or about October 28, 2018, he did

intentionally or knowingly operate a vehicle that became involved in an accident resulting in death to Keenan Hilsabeck, and the said defendant did thereafter, knowing said accident had occurred, intentionally or knowingly fail to immediately stop at the scene of the accident or immediately return to the scene of said accident, or fail to immediately determine if a person had been injured or required aid in said accident, or fail to give the said

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