Wayman v. State

PATRICK HUGH WAYMAN, Appellant, v. THE STATE OF TEXAS, Appellee.

No. 13-20-00032-CR

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg

August 12, 2021

Do not publish. TEX. R. APP. P. 47.2 (b).

On appeal from the 413th District Court of Johnson County Texas.

Before Justices Benavides, Hinojosa, and Silva

MEMORANDUM OPINION

CLARISSA SILVA JUSTICE

Appellant Patrick Hugh Wayman appeals his murder conviction.^[1] See TEX. PENAL CODE ANN. § 19.02. By six issues, Wayman argues (1) the trial court abused its discretion in allowing "the State to violate multiple agreed orders related to disclosure of expert data"; (2) the State violated his rights by failing to produce the medical examiner's full report; (3) the trial court abused its discretion in allowing multiple lay witnesses to give expert testimony; (4) the trial court abused its discretion in prohibiting Wayman from presenting evidence regarding the complainant's criminal history (5) the trial court erred in denying Wayman's jury charge instruction on a defensive theory; and (6) the trial court abused its discretion in denying Wayman's motion for continuance. We affirm.

I. Background

On October 7, 2017, Wayman was arrested for murder for shooting his longtime friend, Brett Bethurum, following an altercation in Wayman's home.

A. Motion for Continuance

Three weeks before trial, Wayman filed a motion for continuance on October 16, 2019. ^[2] Wayman requested that the "case be continued until a later date," citing "continuing and serious health conditions, including but not limited to End-Stage Chronic Obstructive Pulmonary Disease [(COPD)], asthma, Neuropathy, and a spinal injury." At a hearing on Wayman's motion, Kathryn Dykes, a Registered Nurse and the Health Services Administrator at Johnson County Law Enforcement Center, testified regarding Wayman's health issues.

According to Dykes, Wayman was incarcerated awaiting trial from 2017 until November 2018. In February 2018, Wayman was hospitalized for two weeks following acute exacerbation of his "end stage" COPD condition. Wayman required a ventilator during his hospitalization. Dykes explained that COPD "progressively gets worse over time," and Wayman is in a "maintenance phase due to the fact there is no cure." Dykes testified that Wayman also has a history of compression fractures from his thoracic spine, seizure disorder, and cachexia. Wayman was on "multiple medications" to address his various ailments, and more specifically, he required the use of a palm-sized inhaler. When asked if Wayman could maintain his "proper course of [medical] therapy" if he were "able to get his medication when he needed it throughout the course of trial," Dykes answered in the affirmative.

Wayman testified that, in February 2018, his physicians had given him a life expectancy of "one to three years." Wayman, who was also wheelchair-bound, said he would not "be able to breathe" and would be "in pain" if he had to sit through a trial. Wayman testified that he required an oxygen tank, and his tank only lasted "[a] few hours, two or three, four at the most." Wayman requested a hospital bed accommodation. On cross-examination, Wayman agreed that he could bring his oxygen tank to court and refill it if the trial court provided periodic recesses for him to do so. He could likewise selfadminister his medication at the courthouse.

The trial court denied Wayman's request for continuance. The case went to trial on November 7, 2019.

B. Trial

At trial, Wayman admitted to shooting Bethurum inside his residence on October 7, 2017, but Wayman claimed he acted in self-defense and in defense of his property. The State argued that Wayman's proposed justifications were unsupported by forensic evidence.

1. Wayman's and Bethurum's Appearance

Chris Rodriguez, a Venus Police Department (VPD) Officer, testified he was dispatched to Wayman's residence shortly after 6 a.m. on October 7, 2017, following reports of a shooting.^[3] Rodriguez was one of the first officers to arrive and noted that Wayman had two small "blood spots," one on his jacket^[4] and one on his leg, but his hands were clean. Rodriguez testified he observed no signs indicating Wayman had been assaulted or that a physical altercation had transpired in the home apart from where Bethurum's body laid.

Bethurum's body was found lying face-down in the hallway of Wayman's residence, and Rodriguez recalled that he did not see any signs of life. The State thereafter asked Rodriguez to elaborate on his "understanding of what lividity is." Defense counsel objected, arguing that the State was improperly seeking an expert opinion from a lay witness. The State contended it was asking Rodriguez to make a statement based on his "training and experience." The trial court overruled defense counsel's objection, and the following colloquy ensued:

[State:] . . . We heard you use the phrase "lividity." What does lividity, in terms of homicide investigation, what does that mean?

[Rodriguez:] My understanding is a discoloration, paleness, purpleness color of the skin due to lack of blood flow.

[State:] Did you notice that on this individual, on Brett Bethurum's body?

[Rodriguez:] Yes, sir.

[State:] Can you tell us where you noticed that?

[Rodriguez:] I noticed on his hand, on his face, some on his arms.

Chase Blume, a former emergency medical technician, testified Bethurum was declared dead at 6:49 a.m., after his partner made the determination that Bethurum displayed "signs incompatible with life." Blume explained, "The lividity was setting in. He was pretty purple when we rolled him over, which is blood pooling up, the heart is not pumping the blood anymore. And then when we rolled him, he was starting to get stiff." Blume thereafter testified that rigor mortis typically occurs "[o]ver the course of time" and did not provide further specifics.

Johnson County Deputy Sheriff Kenneth Bartlett, who was also one of the first individuals to arrive at the residence, testified that it "appeared that there had been some time" between when Bethurum passed and when he viewed the body. Bartlett described Bethurum as "extremely pale," with "purple spottings [sic] along his arm."^[5] Bartlett also testified that although he would "expect to see broken items, furniture knocked over, [and] things knocked off into the floor" based on Wayman's claims of a physical altercation leading up to the shooting, the home did not appear to be in disarray.

Texas Ranger Don Stoner arrived at the residence at approximately 11:28 a.m. Stoner testified that "based on the amount of blood" present on the carpet under Bethurum's body, he would have expected to see blood on any individual claiming to have been pinned under Bethurum. Stoner opined he also did not see any indicators of a struggle in the home.

2. Wayman's Interview

James Groom, VPD police chief, testified Wayman was transported to the police station "sometime before 7 a.m." Wayman's recorded interview with police was admitted into evidence, wherein he stated he had met Bethurum in the late 1980s, and although there was a period of time that they did not see one another, they renewed their friendship following the dissolution of their respective marriages. Wayman stated Bethurum would often do yard work for him, and on October 6, 2017, Bethurum arrived at Wayman's residence around 3 p.m. or 4 p.m. to mow the lawn. Bethurum thereafter joined Wayman for dinner. The two men spent the early evening hours on the front patio, eating, drinking, and socializing, before moving the conversation indoors.

Wayman drank several beers throughout the evening, and sometime between 1 a.m. and 2 a.m., he took his medication for insomnia. At some unspecified point, the conversation centered around the breakup of Bethurum's band, a topic which upset Bethurum. Although "there was no yelling," Wayman said Bethurum was "hostile and drunk." Wayman was unable to "remember exactly what was said" but told police: "I think at one point I even told [Bethurum] to leave, but I didn't want him to leave because I didn't want him to drive." Wayman said, "I raised my voice and told [Bethurum] to go get on the couch." Once Bethurum refused, Wayman said what transpired next occurred quickly: "Out come[s] the gun. 'Go get on the couch.' Boom. He's on me. And that's when I shot him in the leg." Wayman later clarified he had retrieved the gun from a kitchen drawer, which prompted Bethurum to rush towards him and eventually pin him to the floor. Wayman said he was on his back on the floor, with Bethurum hovering over him, when he first shot Bethurum in the leg. Wayman shot Bethurum again several seconds later. Bethurum then stopped moving, and Wayman, who was still on the floor under Bethurum, pushed Bethurum off his body and called 9-1-1.

Groom testified that Wayman had difficulty articulating what prompted him to retrieve the weapon. Groom stated, "[Wayman] specifically said that [Bethurum] never threw any strikes[, ] and he never made any claims about [Bethurum] going for a weapon or presenting a weapon." Groom testified that Wayman further claimed he maintained control of the firearm the entire time throughout the "30 second[]" incident. After Wayman shot Bethurum, Wayman did not attempt to provide Bethurum with medical treatment and denied seeing "a lot of blood leaking out." Groom testified that Wayman had a "couple of smaller abrasions" around his ankle and lower leg, but Wayman otherwise had no bruising or abrasions anywhere else on his body.^[6] The only blood present on Wayman was on his sleeve.

Wayman was subsequently placed under arrest for murder because Wayman's "statements were not consistent" with the injuries he presented, and by Wayman's own account the...