In re Commitment of Tryon

654 S.W.3d 29

IN RE COMMITMENT OF Dean Tyrone TRYON

No. 11-20-00267-CV

Court of Appeals of Texas, Eastland.

Opinion filed August 25, 2022

Kenneth Nash, John C. Moncure, Office of Sate Counsel for Offenders, Huntsville, for Appellant.

Melinda Fletcher, Special Prosecutor, Special Prosecution Unit, Huntsville, Marc F. Gault, Special Prosecution Unit, Amarillo, for Appellee.

Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.

W. STACY TROTTER, JUSTICE

This is a civil commitment action under the Texas Civil Commitment of Sexually Violent Predators Act (the Act). TEX. HEALTH & SAFETY CODE ANN. §§ 841.001 –.153 (West 2017 & Supp. 2021). After a jury trial, the jury unanimously found, beyond a reasonable doubt, that Appellant, Dean Tyrone Tryon, is a sexually violent predator. The trial court later signed a final judgment and commitment order thereby committing Tryon for involuntary treatment and supervision.

Tryon raises three issues on appeal: (1) the evidence is legally insufficient to support the jury's finding that Tryon suffers from a behavioral abnormality; (2) the evidence is factually insufficient to support the jury's finding that Tryon suffers from a behavioral abnormality; and (3) under the Texas Supreme Court's recent decision in In re Commitment of Stoddard , Chapter 841—the Act—is unconstitutional, both facially and as applied to Tryon. See In re Commitment of Stoddard , 619 S.W.3d 665 (Tex. 2020). We affirm.

I. Factual Background

Before the State sought to have Tryon committed as a sexually violent predator, Tryon had previously been convicted of two felony offenses that involved sexual misconduct—sexual assault in 1987 and attempted sexual assault in 2012. For each offense, Tryon was convicted pursuant to a plea bargain for which he was sentenced to seven years’ and eight years’ imprisonment, respectively, including confinement in a prison psychiatric unit.

At trial, the State presented Dr. Jason Dunham, a forensic psychologist, and Dr. Michael Arambula, a psychiatrist, as expert witnesses. Tryon presented Dr. Marisa Mauro, also a forensic psychologist, as his expert witness. Tryon also testified. As is generally the case, the experts presented conflicting opinions regarding whether Tryon suffered from a behavioral abnormality within the meaning of the Act.

The three experts followed standard methodologies and explained in detail the bases for their opinions. Although the experts’ ultimate opinions conflicted, they did agree on several aspects of their evaluations of Tryon. Each expert agreed that Tryon suffers from a severe mental illness that is a contributing factor to his previous sexual misconduct. Dr. Dunham and Dr. Mauro described this mental illness as "schizoaffective disorder," a rare combination of schizophrenia and bipolar mood disorder. Similarly, Dr. Arambula diagnosed Tryon with an unspecified schizophrenia, paranoia, and bipolar illness. The three experts further diagnosed Tryon with an antisocial personality disorder.

These experts also concluded that Tryon has borderline intellectual functioning, or an intellectual disability. They agreed that Tryon abused multiple substances in the past but that this substance abuse is currently in remission. They further agreed that he was manic during each of their evaluations of him and that, although Tryon has an extensive history of mental illness and attempts at treatment, he also has a history of noncompliance concerning the use of the medications prescribed for him. Finally, the experts agreed that Tryon has never had, sought, or been offered sex offender treatment.

A. Dr. Dunham's Testimony

After detailing his training and experience, Dr. Dunham testified that "behavioral abnormality" is a purely legal term of which he is familiar. Based on his education, training, experience, and methodology, Dr. Dunham opined that Tryon suffers from a behavioral abnormality within the meaning of the Act. Dr. Dunham stated that (1) Tryon has a long history of sexually assaulting women, (2) he has an uncontrollable mental illness that raises his risk of repeated sexually assaultive behavior, (3) he was at a high risk to reoffend when he was last incarcerated, and (4) his risk to reoffend has only increased.

Dr. Dunham concluded that Tryon was sexually deviant; that is, he engages in sexual behavior that is not accepted by society. Unlike most sex offenders, Tryon reoffended after being convicted and imprisoned for a prior sexual offense. Dr. Dunham believes that Tryon's risk of sexually reoffending continues to increase over time as he ages.

Dr. Dunham also diagnosed Tryon with psychopathy, an extreme form of antisocial personality disorder. Some examples of Tryon's antisocial personality disorder include his commission of arson while he was on parole and his acts of masturbation in the presence of female corrections officers and other offenders.

Dr. Dunham found that Tryon has an extensive history of substance abuse, including the use of crack cocaine and alcohol, which can reduce a person's inhibitions. Tryon also has a significant history of hallucinations, delusions, and noncompliance concerning his use of the medications prescribed for him, which causes him to decompensate when he is not taking the medications. Dr. Dunham found that Tryon was psychotic and not taking his medications at the time of his interview. Because of this, Dr. Dunham opined that, during a psychotic break, Tryon will act impulsively and do whatever his desires dictate.

According to Dr. Dunham, Tryon's score on the Static-99R was one, which placed Tryon in an average risk category to reoffend sexually. However, this test does not account for Tryon's mental illness. Dr. Dunham found that Tryon has several concerning dynamic risk factors, namely, that Tryon does not believe that (1) he has a problem, (2) he is a sexual offender, (3) he is noncompliant with his prescribed medications, and (4) he needs sex offender treatment.

Dr. Dunham considered two possible protective factors for Tryon: his advanced age and his institutional adjustment. At the time of Dr. Dunham's evaluation, Tryon was sixty-three years old. His advanced age would typically be a protective factor. However, Tryon's most recent sexual offense while not imprisoned occurred when he was fifty-five years old, an age which would also typically be a protective factor. A year before this evaluation, and while imprisoned, Tryon masturbated onto another inmate; Dr. Dunham considers this conduct to be an additional indication that Tryon's advanced age is not the protective factor that it typically would be in other cases. Although Tryon received minimal disciplinary infractions while institutionalized, which would usually indicate good institutional adjustment, Dr. Dunham noted that Tryon was confined to a specialized psychiatric unit where many of his behaviors were either ignored or excused.

Dr. Dunham testified that, in his opinion, Tryon's combination of lower functioning intelligence, mental illness, and history of substance abuse is a formula for him to impulsively do anything without considering the consequences.

B. Dr. Arambula's Testimony

Like Dr. Dunham, Dr. Arambula detailed his training and experience and explained the statutory definition of "behavioral abnormality" for the jury. Based on his expertise—his education, training, experience, and methodology—he opined that Tryon suffers from a behavioral abnormality within the meaning of the Act. That abnormality consists of Tryon's sexual deviance, mental illness, substance abuse, and antisocial personality.

Dr. Arambula pointed to Tryon's second sexual offense as an example of Tryon's behavioral abnormality: he gave a woman a ride home, during which everything appeared to be fine, and then he suddenly became intent on raping her, despite not previously displaying any signs of agitation or mental illness. Dr. Arambula stated that Tryon is sexually deviant; that is, he has pathological sexual interests that interfere with his relationships. In addition to his two felony convictions for sexual offenses, Tryon behaved in a sexually inappropriate manner during his imprisonment and confinement in a mental hospital. Further, Tryon sexually offended in his thirties and again in his fifties. According to Dr. Arambula, it is unusual for a man to sexually offend in his fifties.

Dr. Arambula believes that Tryon has both a sexual deviance and an antisocial personality, both of which cause a person to be a high risk to sexually reoffend. Dr. Arambula noted that Tryon has a history of substance abuse, including the use of cocaine, heroin, PCP, and alcohol. He also suffers from hallucinations and exhibits quick mood changes, which are caused by his mania.

During the interview with Dr. Arambula, Tryon was manic and unstable. Dr. Arambula testified that it is extremely uncommon for people with schizoaffective disorder to sexually assault others or to have an antisocial personality disorder, yet Tryon does. Dr. Arambula believes that Tryon's underlying sexual deviance and antisocial personality disorder, which are the two heaviest-weighted risk factors for sexually reoffending, are the cause of Tryon's propensity to sexually reoffend. Although Tryon has an extensive history of prescribed antipsychotic medications and mood stabilizers, he is typically not compliant. According to Dr. Arambula, the medications prescribed for Tryon do not treat or control Tryon's sexual deviance or his antisocial personality disorder.

C. Dr. Mauro's Testimony

Like Dr. Dunham and Dr. Arambula, Dr. Mauro also explained the statutory definition of "behavioral abnormality" for the jury. Based on her education, training, experience, and methodology, and contrary to the opinions expressed by Dr. Dunham and Dr. Arambula, Dr. Mauro opined that Tryon does not have a behavioral abnormality within the meaning of the Act. Dr. Mauro stated as such because Tryon is "not part of the small and extremely dangerous population that...