Opinion
05-22-00223-CR
06-29-2023
DARIUS JAMAL FIELDS, Appellant v. THE STATE OF TEXAS, Appellee
Do Not Publish Tex.R.App.P. 47.2(b)
On Appeal from the 363rd Judicial District Court Dallas County, Texas Trial Court Cause No. F-1900486-W
Before Justices Molberg, Carlyle, and Smith
MEMORANDUM OPINION
CORY L. CARLYLE, JUSTICE
Mr. Fields complains the trial court harmfully erred by admitting an insufficiently authenticated screenshot of a text message purportedly authored by the deceased, Michael Titus. We affirm in this memorandum opinion. See Tex. R. App. P. 47.4.
When reviewing evidentiary issues, our abuse-of-discretion review will not result in reversal if the trial court acted within the zone of reasonable disagreement. See Butler v. State, 459 S.W.3d 595, 600 (Tex. Crim. App. 2015); Montgomery v. State, 810 S.W.2d 372, 391 (Tex. Crim. App. 1991) (op. on reh'g).
The State argues the screenshot was admitted without objection pre-trial as part of a voluminous exhibit consisting of the entire extraction of a cell phone and claims forfeiture, waiver, and estoppel bar the trial objection from preserving his appellate issue. Mr. Fields responds that he objected to the screenshot pursuant to rule 901, among other bases, when the State offered it as part of a slideshow containing images from the phone extraction. The trial court entertained extensive discussion about this exhibit at that time, and may reconsider or revisit its pretrial rulings on evidentiary admissibility as it deems appropriate. See Black v. State, 362 S.W.3d 626, 633-35 (Tex. Crim. App. 2012); Tex. R. Evid. 104(a). We conclude Mr. Fields's trial objection has preserved his issue for appellate purposes.
To properly authenticate evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent says it is. Tex. R. Evid. 901(a); Butler, 459 S.W.3d at 600-01. The State is not required to produce conclusive proof of authenticity before disputed evidence may be admitted. Fowler v. State, 544 S.W.3d 844, 848 (Tex. Crim. App. 2018). Rule 901 requires "some evidence" to support a finding that the evidence at issue is what the proponent says it is. Id.
Authenticating evidence may be direct or circumstantial. Butler, 459 S.W.3d at 602. The State presented testimony from FBI agent Jennifer Mullican, who explained that the investigatory team first found the text message on a cell phone appellant provided both the passcode and consent to search. A witness can demonstrate knowledge of electronic evidence's provenance in a number of ways. Butler, 459 S.W.3d at 601, 603-04.
To explain the screenshot's role in this case, we briefly explain the facts of this case. Mr. Fields was charged with organized criminal activity for running a drug operation in Dallas that ended with the deaths of Michael Titus and twelve-year-old Shavon Randle. Michael Titus was part of the Fields operation, and had negotiated a drug sale to Kendall Perkins. Titus left his cousin and Fields's girlfriend, LaPorshya Polley, alone to consummate the drug deal with Perkins at a Motel 6 room. Perkins and his associates stole a significant amount of marijuana from the room. Ms. Polley ran away and called Mr. Fields, who arrived quickly. After unsuccessfully trying to contact Perkins, Mr. Fields and his crew met for over an hour, later unsuccessfully attempted to find Perkins's girlfriend, and ended up kidnapping Perkins's girlfriend's 12-year-old cousin. They killed the child. Then, while helping clean the murder scene with bleach, Titus was shot twice in the head and the gun was placed in his hand. Evidence established that either shot would have been fatal, such that it was impossible for him to have shot himself twice with the gun.
The message at issue here, purportedly from Titus to his girlfriend in the days after the robbery, stated: "I had some people coming to buy some weed when you asked me to bring u that Sunday that's why I rushing and he was already there waiting on me so I had my female cousin open the door and he rob her and took her gun[.] But now my cousin think I had some to do with it and think I set her up so if theses niggas kill me that's why I won't want [sic] you to screen shot this and show the police and shit[.] His name Darius fields."
At trial, Agent Mullican explained that Michael Titus sent the message to his girlfriend and it "started circulating on social media." Later, on cross-examination, Agent Mullican explained that Angel Titus, Michael's mother, came to the FBI Command Post investigating this case and showed investigators the text message. Agent Mullican testified Ms. Titus received it from Michael Titus's girlfriend who had received it from Titus. Appellant's lawyer asked, "And that is that photo shot of what is purported to be a text message, correct?" to which Agent Mullican answered, "Correct." This is one type of other available evidence a proponent may use to "bridge the logical gap and permit a proper inference that the purported author sent the message." Id. at 602.
The message also has distinctive characteristics and details known only to someone close to the situation at that time, as Titus was. See Tex. R. Evid. 901(b)(4) (distinctive characteristics and the like); Butler, 459 S.W.3d at 603-04 (context of evidence to support rational inference regarding authorship). We note that the message does not seek to explain or identify every single detail; rather, it is written in the voice of someone experiencing what he is explaining in real time. See id.; see also Cathy Cochran, Texas Rules of Evidence Handbook 936 (7th ed. 2007-08) ("Factors to consider in determining the authenticity of e-mails and instant messages include . . . (6) any other circumstances, such as conversations or events either before or after the e-mail or instant message that tend to make it more likely that this message came from a certain person."). And it seeks to explain the facts and a backup plan in case of the very real threat that Titus might be killed, as the one who helped negotiate the deal in which Fields's girlfriend was left alone with the operation's large stash of marijuana and was then robbed. See id. The allegations in the text message line up with the facts proven at trial. We conclude the record contains at least "some evidence" to support a finding that the item is what the State claims it is, and that Mr. Fields's concerns are primarily those of weight, not questions whether the State bested the "relatively low threshold" rule 901(a) requires. See Fowler, 544 S.W.3d at 848 (some evidence); Butler, 459 S.W.3d at 604 n.12 (cleaned up).
We affirm the judgment of the trial court.
JUDGMENT
Based on the Court's opinion of this date, the judgment of the trial court is AFFIRMED.
Judgment entered this 29th day of June, 2023.