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Edward Lewis
LAGRONE
In May 1991, the Lloyd family was living at 2004
Amanda Street in Fort Worth. The Lloyd family included eight people:
three homicide victims--ten year-old Shakeisha Lloyd, and
Shakeisha's two great aunts, eighty-three year-old Zenobia Anderson
and seventy-six year-old Caola Lloyd, as well as five survivors of
the homicidal incident--Pamela Lloyd (Shakeisha's mother),
Shakeisha's three siblings, and Dempsey Lloyd (Shakeisha's uncle).
On Thursday, May 30, 1991, Pamela Lloyd got up
around 4:00 a.m. to get some water from the kitchen because she was
having trouble sleeping. After she had left the kitchen and entered
the bathroom, somebody knocked at the front door and demanded that
one of the Lloyds "open the door." Shakeisha's brother, Charles,
identified the voice as appellant's, but Dempsey Lloyd answered the
door. After allowing Dempsey Lloyd to open the door and ask him what
he wanted at such an early hour, appellant shot Dempsey Lloyd with
the aforementioned shotgun. Dempsey Lloyd subsequently grappled with
appellant over the gun.
Following this struggle, appellant went into the
front bedroom where Caola Lloyd was sleeping and fired a shot.
Appellant then went into the kitchen where Zenobia Lloyd was washing
clothes and fired another shot. As Pamela Lloyd and Shakeisha
attempted to collect and hide the other children, several more shots
were fired. Pamela Lloyd then discovered Shakeisha lying on the
floor with "half of her face blown off." Although Dempsey Lloyd pled
for mercy, appellant shot him a second time before leaving. Dempsey
Lloyd was still able to go next door and call for emergency "911"
assistance despite his severe wounds.
Following the above homicidal
incident, the Tarrant County Medical Examiner's Office performed
autopsies on Caola Lloyd, Zenobia Anderson, and Shakeisha Lloyd. The
medical examiner determined the cause of death for all three of the
deceased victims to be a single homicidal incident. Caola Lloyd
suffered an entry wound caused by a shotgun in the anterior portion
of her neck going through the left side of her throat.
She also had
a defensive injury to her right hand resulting in the dismemberment
of her index finger, which was consistent with her right hand being
in front of her face when the gun shot was fired. Zenobia Anderson
had an entry wound caused by a shotgun to the back of her neck.
Shakeisha Lloyd had an entry wound caused by a shotgun to her left
cheek and a corresponding exit wound just below the rim of the right
mandible jaw bone. She also had an injury to her right hand, causing
the total dismemberment of her ring finger. The medical examiner
determined there were most likely two gun shots.
In addition, the medical examiner recovered a
four-to-five month-old female fetus, which was preserved for blood
and DNA testing. Dr. Arthur Eisenberg, a forensic pathologist,
compared appellant's blood samples with those recovered from
Shakeisha Lloyd, and conducted DNA testing to establish paternity.
[FN3] Based upon this examination, Dr. Eisenberg concluded that
appellant's paternity of Shakeisha Lloyd's unborn child was 99.999%
certain; and testified that, with the exception of having an
identical twin brother, appellant was the father of that child.
FN3. The DNA testing revealed that appellant's
DNA was included in all eight regions where chromosomes were matched.
During the punishment phase of the trial,
moreover, the State produced a fairly imposing catalog of relevant
punishment evidence. First, the State introduced evidence that
appellant had been convicted of murder in 1977, and received a
twenty-year sentence. The State also produced numerous reputation
witnesses who testified that appellant had a bad reputation for
being peaceable and lawabiding.
Finally, the State introduced
evidence of several extraneous offenses committed by appellant. On
March 3, 1991, Officer Keith McGuire of the Fort Worth Police
Department witnessed appellant flagging down cars in a manner
consistent with drug dealing. The officer subsequently observed
appellant toss a black pouch to the ground which was later
determined to contain a quantity of crack cocaine.
On October 14, 1990, Officer Greg Abernathy of
the Fort Worth Police department was involved in a routine
investigation of potential drug trafficking, and received a tip
about a local drug trafficker from one of the suspects. The tip led
Officer Abernathy to a nearby apartment complex where he found a man
matching the suspected drug trafficker's description-- appellant.
After being confronted by the police, appellant ran up some stairs
and attempted to jettison a brown bag. The police laboratory later
confirmed that the bag contained a quantity of cocaine.
On February 23, 1986, fifteen year-old sisters
were returning home from a nearby Dairy Queen. While they were
crossing the grounds of a local elementary school, appellant
approached them and threatened them with a gun. Appellant took the
sisters' money, forced them to remove their clothing, tied them up,
and proceeded to force one girl to perform oral sex and molest her
sister. After threatening to burn down the girls' home if they went
to the police, the girls did not contact the authorities at that
time.
* * *
In light of our careful consideration and
rejection of appellant's twenty-six points of error, we affirm the
judgment of the trial court.