A recent criminal case before a district court in Texas highlights the importance of specific and credible testimony during trial. At issue in this appeal was the defendant’s conviction for aggravated assault by threat. On appeal, the defendant argued there was insufficient evidence to prove he threatened one of the complainants in the case. Upon reviewing the trial record, the higher court reviewed the defendant’s argument but ultimately disagreed, affirming the appeal.
Background of the Case
According to the opinion, the incident at issue involved two men fighting for space in a lane while driving on the highway. Both men rolled down their windows, and the defendant shouted profanities and racial slurs at the second man. The men both ended up at a nearby gas station, and they got out of their cars to exchange words.
Meanwhile, the complainant’s girlfriend and their two young children stayed in his car. The girlfriend testified at trial that she heard her boyfriend indicate that the defendant had a gun in his possession. Similarly, the complainant testified that the defendant had an AR rifle in his hand and that the defendant verbally indicated he wanted to shoot the defendant and his family.