Ex parte Tata

Citations: 358 S.W.3d 392; 2011 Tex. App. LEXIS 9641; 2011 WL 6132722Docket: No. 01-11-00601-CR

Court: Court of Appeals of Texas; December 7, 2011; Texas; State Appellate Court

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Jessica Tata faces nine charges, including four counts of felony murder, two counts of reckless injury to a child, and three counts of abandoning a child. The trial court established bail amounts totaling $1,100,000: $50,000 for each abandoning charge, $75,000 for each reckless injury charge, and $200,000 for each felony murder charge. Tata's application for a writ of habeas corpus and bond reduction was denied. On appeal, she argues that the bail amounts violate the Eighth Amendment and relevant sections of the Texas Constitution and Code of Criminal Procedure. 

The bail reduction hearing included testimony from Investigator D. Green, who investigated a fire at Tata's day-care center on February 24, 2011, which resulted in the death of four children and injuries to three others. Green reported that the fire originated from cooking oil on the stovetop. He noted discrepancies in Tata's statements about her whereabouts during the fire and mentioned video evidence showing her shopping at a nearby store at the time of the incident. Green described Tata's family as uncooperative, and despite attempts to interview her, she expressed a desire to speak with an attorney and later received a tip that she may leave the country. A witness stated he saw Tata rescuing two children from the burning house.

Green communicated with the applicant to gather information about a fire, not to assign blame. Officer C. Helton from the Gulf Coast Violent Offenders Task Force testified about the applicant’s departure to Lagos, Nigeria, on February 26, 2011, just two days post-fire, with a return flight scheduled for March 18, 2011. Helton indicated that the applicant traveled on an international passport and noted that her family provided no helpful information during the search for her in Nigeria. The applicant was ultimately located in Port Harcourt, Nigeria, on March 19, 2011, after her father informed officials of her whereabouts. Helton confirmed that charges against the applicant were filed only after her departure and were subsequently dropped upon her return.

Lieutenant K. Herring from the Harris County Fire Marshal’s Office recounted her investigation of the applicant's past involvement in setting fires at a Katy high school in 2002, where video evidence showed the applicant leaving the restroom during the incidents. The applicant admitted to starting the fires and later pleaded nolo contendere to arson, receiving probation and completing the Juvenile Fire Stoppers Program. Herring also detailed five disciplinary incidents during the applicant's schooling, including theft, trespassing, disruptive behavior, and assault.

Kristi Smith from the Department of Family and Protective Services described her observations at the fire scene, noting the applicant's calm demeanor and her claim of being in the restroom when the fire started due to cooking oil. Smith reported that the applicant downplayed the incident's severity and mentioned financial security due to inheritance. The applicant stated she visited Nigeria several times a year and funded her own travel. The applicant did not testify at the bail reduction hearing, but her brother, Ronald Tata, provided testimony regarding her decision to travel to Nigeria and their family's financial situation.

Applicant traveled to Nigeria despite her mother's warnings, which included concerns about negative perceptions. Ron, a family member, provided financial assistance for her plane ticket and indicated that no charges were pending against her at that time. He expressed disbelief that she would remain in Nigeria permanently, noting that his family frequently visits and has extensive ties there. After her detention in Nigeria, applicant informed Ron that she had turned herself in and would soon return to the U.S., waiving extradition.

Applicant, 23, has a history of community involvement through babysitting and operating a day-care center, for which she leases the building. Ron holds power of attorney over her finances, revealing that she lacks significant assets, with only $46 in her checking account and no income beyond her day-care business. He stated that applicant could not afford a $1.1 million bond. Ron's family members, except for his father living in Nigeria, are U.S. citizens, with varying incomes. He mentioned his father's ownership of undeveloped property in Nigeria but doubted its value as bond security.

If released, Ron assured the family would ensure applicant complies with bond conditions, including surrendering passports and electronic monitoring. However, he indicated he could not provide substantial financial help for the bond. The trial court acknowledged the value of the family home in Katy but did not hear specific details regarding the bond amount or financial capabilities beyond annual incomes. The court denied habeas corpus relief, leading to an appeal. The standard for reviewing bail settings emphasizes the need for a balance between securing the defendant's presence at trial and avoiding excessive bail that could serve as oppression. Factors influencing bail include the defendant's work history, family connections, residency length, criminal history, bond compliance, and the specifics of the current offense.

The defendant faces serious charges, including four counts of felony murder, which could result in a prison sentence ranging from five to ninety-nine years or life, alongside fines. Additionally, the defendant is charged with three counts of abandoning a child and two counts of reckless injury to a child, both second-degree felonies with potential sentences of two to twenty years and fines. The trial court deemed the bail amounts reasonable, considering the severity of the offenses and the likelihood of a lengthy sentence upon conviction.

The defendant claims the circumstances suggest negligent or reckless behavior without intent to harm, citing her actions during the incident, where she saved two children from a fire and exhibited signs of distress. However, the State presented evidence indicating that the defendant intentionally left seven children alone in a house with an active stove while she was away for thirty minutes. This negligence resulted in the deaths of four children and serious injuries to two others.

The trial court's decision on bail considers the defendant's community ties and work history to ensure her appearance at trial without imposing excessive restrictions. There is no indication that bail was set excessively high to keep the defendant incarcerated. Evidence presented shows that the defendant has strong community connections, with family living in the area and a history of involvement in child care, despite currently being unemployed due to the fire that destroyed her place of business.

Evidence was presented showing the applicant's family and community ties, supporting a potential reduction in bail. To prove an inability to make bail, the applicant must demonstrate exhaustion of her and her family's financial resources. Typically, she needs to show attempts to obtain bail unless both she and her family declare financial incapacity. The applicant's financial status is evaluated not only through her resources but also her family's ability to secure a bond. Testimony revealed that the applicant has no significant assets, a minimal checking account balance, and no income from a now-defunct daycare. Her family's financial situation includes Ron's income of $45,000, with additional family incomes totaling $205,000, but there was uncertainty regarding the father's income and properties, which Ron doubted could serve as bond collateral.

The trial court received tax records indicating the applicant's parents' property was valued at $408,860, yet Ron did not provide evidence of attempts to secure a bond or details on family contributions. While the applicant did not prove her own inability to secure a bond, she presented limited evidence of her family's resources. Consequently, the court could maintain the current bail amount. Additionally, Article 17.15 requires consideration of the future safety of the victim and community. No evidence suggested the applicant would pose a danger if released, favoring a bail reduction.

The State introduced evidence of a juvenile arson adjudication in 2003, which the applicant completed probation for, and noted she has no further criminal history or bond violations. However, she did leave the U.S. for Nigeria after the incident but before charges were filed.

Ron testified about his frequent travels to Nigeria and the extensive family ties he has there. The State indicated that the applicant’s family in the U.S. and her father in Nigeria were not forthcoming about her whereabouts, although her father eventually notified Interpol and Nigerian authorities after being confronted with an airline ticket belonging to the applicant. There was conflicting evidence regarding whether the applicant was apprehended or voluntarily surrendered, but it is confirmed that she waived extradition proceedings. Montalvo’s voluntary surrender was noted as a factor favoring bail reduction.

The State argued that the applicant's family had been uncooperative, obstructing access to her for investigators and withholding her location. While Ron claimed his family would ensure compliance with bail conditions if released, the trial court could reasonably disbelieve this given the family's documented lack of cooperation. The applicant presented evidence of her financial inability to meet the current bail, community ties in Houston, a clean criminal record, lack of danger to victims, and a promise to live with family members who would ensure compliance. These factors suggested a potential for bail reduction.

However, the applicant is charged with nine offenses, four of which could lead to life imprisonment, and the bail amounts set were within previously upheld ranges. There was no evidence indicating what bail amount her family could afford, and despite assurances from her brother, the State highlighted the family's previous uncooperativeness. Furthermore, the applicant has strong ties to Nigeria, where she traveled post-incident, and evidence suggested her family attempted to shield her from authorities. The trial court could reasonably conclude that the applicant posed a significant flight risk. Thus, the bail amounts set by the trial court were not deemed excessive, and the judgment was affirmed.

Applicant's testimony revealed her frantic efforts to rescue two small children from a burning house, during which she exhibited significant distress, as corroborated by her brother, Ron Tata, who noted her physical injuries and emotional state upon his arrival. Although applicant claims that the bail set by the trial court breaches the Eighth Amendment and various sections of the Texas Constitution and Criminal Procedure, she failed to present distinct arguments for each claim, prompting the court to consider them collectively. Despite reckless injury to a child not being classified as a "3g offense," the indictments allege the use of a deadly weapon, specifically fire, making applicant ineligible for community supervision under Texas law. The court indicated that it has previously upheld bail amounts ranging from $100,000 to $600,000 for first-degree felonies and $30,000 to $75,000 for second-degree felonies. In this case, applicant faces four first-degree felonies with $200,000 bail for each and five second-degree felonies with varying bail amounts, all of which align with previously approved ranges. Additionally, it was noted that obtaining a bond typically requires a defendant to pay at least 10% of the bail and provide substantial collateral.