District & County Court Trial Verdicts January 2025

CIVIL/FAMILY

CAUSE NO.: D-1-GN-23-000634; BRADFORD CLEMENTS vs. ANNE CAGNIART-SINGH, HARBIR SINGH
JUDGE: AMY CLARK MEACHUM
DATES: Jan. 13 – 17, 2025
ATTORNEYS:
Plaintiff: Brad Clements, Pro Se Plaintiff Attorney [Texas Licensed] Defendants: Anthony Icenogle, Icenogle & Boggins, PLLC [Austin]

SUMMARY: This case is a residential lease dispute. A unanimous jury found that the defendants failed to comply with the lease regarding the security deposit but that the conduct was not in bad faith. The jury further found that the parties agreed to modify the lease, but the defendants failed to comply with the modified lease terms. The plaintiff was awarded security deposit that was withheld and not refunded – $7,879.84; rent payment – $596.77; necessary legal services for representation in the trial court – $3,500.

CAUSE NO.: D-1-GN-23-000168; ALIJHA RIZO V. DAVID KAPSNER
JUDGE: DANIELLA DESETA LYTTLE
DATES: Jan. 14 – 17, 2025
ATTORNEYS:
Plaintiff: Thomas D. Flanagan, Lee, Gober & Reyna, PLLC [Austin] Defendant: Adam H. Wyma, Law Offices of Fanaff, Gonzales, Baldwin & Cunningham

SUMMARY: This case is a motor vehicle accident, which occurred on Feb. 2022. A jury of 10 found the plaintiff proximately caused the occurrence.

CAUSE NO.: D-1-GN-23-002595; DOMINC MONROE v. CITY OF MANOR
JUDGE: MARIA CANTU HEXSEL
DATES: Jan. 27 – 30, 2025
ATTORNEYS:
Plaintiff: David G. Gutierrez, The Law Firm of Oscar A. Garza, PLLC [San Antonio] Defendant: Blair J. Leake, Wright & Greenhill, P.C. [Austin]

SUMMARY: This case is a motor vehicle accident, which occurred in November 2021.  A jury of 10 awarded the following damages to the plaintiff:  past physical pain and mental anguish – $500; future physical pain and mental anguish – $0; past physical impairment – $0; future physical impairment – $0; past reasonable medical care expenses – $2,500; past disfigurement – $0.

CAUSE NO.: D-1-GN-23-001012; NICOLE SHELBY-KING v. NANCY SWENSON SMITH
JUDGE: LAURIE EISERLOH
DATES: Jan. 28 – 31, 2025
ATTORNEYS:
Plaintiff: Myranda Vaughn, Daniel Stark, P.C, [Bryan] Defendant: Alexandra C. Yamron, Law Offices of Fanaff, Gonzales, Baldwin & Cunningham

SUMMARY: This case is a motor vehicle accident, which occurred on Oct. 24, 2021. A jury of 10 found both the plaintiff [15 percent] and defendant [85 percent] proximately caused the occurrence. The jury awarded the following damages: past medical care expenses – $57,796; future medical care expenses – $20,000; past physical pain and mental anguish – $0; future physical pain and mental anguish – $0; past physical impairment – $20,000; future physical impairment – $0.

CAUSE NO.: D-1-GN-20-003118; JULIUS KADIA v. TEXAS HEALTH and HUMAN SERVICES COMMISSION
JUDGE: MAYA GUERRA GAMBLE
DATES: Jan. 28 – Feb. 6, 2025
ATTORNEYS:
Plaintiff: Corinna Chandler, Chandler & Shavin, PLLC [Dallas] Defendant: Drew Harris, Attorney General of Texas

SUMMARY: This case is an employment discrimination case. A jury of 10 found that the plaintiff’s national origin was not a motivating factor to refuse to promote for 7 positions. The jury further found that the defendant did not engage in adverse employment actions because the plaintiff filed complaints of discrimination and retaliation for two positions but did find that adverse actions were taken for 10 various positions. The jury awarded damages as follows: Back pay – $150,000; past compensatory damages – $300,000; future compensatory damages – $0; legal Services for representation in the trial court – $930,000; representation in court of appeals – $99,000; representation at the petition for review stage in the Supreme Court of Texas – $27,500; representation at the merits briefing stage in the Supreme Court of Texas – $27,500; representation through oral arguments and completion of proceedings in the Supreme Court of Texas – $16,500.

CAUSE NO.: C-1-CV-24-000486; BLANCA CHAVEZ v. LAM LOU THANH
JUDGE: ERIC SHEPPERD
DATES: Jan. 27-28, 2025
ATTORNEYS:
Plaintiff: Carolyn Brown, Lorenz and Lorenz, PLLC  [Austin] Defendant: Ariana M. Perez, Law Offices of Fanaff, Gonzales, Baldwin & Cunningham

SUMMARY: This case is a motor vehicle accident, which occurred in May 2023. A jury of five found that the defendant was responsible for the accident and awarded the following damages: past physical pain and mental anguish – $500; future physical pain and mental anguish – $0; past physical impairment – $500; future physical impairment – $0; past reasonable necessary medical care – $5,500; future reasonable necessary medical care – $0.

CAUSE NO.: C-1-CV-20-005096; MERLE FRIZZELL v. ALFONSO CALVEART HERNANDEZ
JUDGE: DANIELLA DESETA LYTTLE
DATES: Jan. 30, 2025
ATTORNEYS:
Plaintiff: Thomas Pronske, Lorenz and Lorenz, PLLC  [Austin] Defendant: Jenny Forehand, Meynier, Reese Liber & Matte [San Antonio]

SUMMARY: This case is a motor vehicle accident, which occurred in March 2019. A mistrial was declared by the court.

CRIMINAL

CAUSE NO.: C-1-CR-20-202275; STATE OF TEXAS v. MITZY LOPEZ
JUDGE: BIANCA GARCIA
DATES: Jan. 6, 2025
ATTORNEYS:
State of Texas: Trevor Mathes, Asst. County Attorney
Defendant: Alfonso C. Hernandez [Austin]

SUMMARY: Defendant was charged with Assault with Bodily Injury. A jury of six was chosen, the defendant then pled nolo contendere and received 12 months supervision including no victim contact, anger management classes, counseling, and AA meetings.

CAUSE NO.: C-1-CR-24-212024; STATE OF TEXAS v. EZRA TESSEMA
JUDGE: NANCY HOHENGARTEN
DATES: Jan. 8 – 9, 2025
ATTORNEYS:
State of Texas: Trevor Mathes, Asst. County Attorney
Defendant: Scott Constantine, Public Defenders Office

SUMMARY: Defendant was charged with Criminal Trespass. The jury of six found the defendant guilty. The defendant was sentenced to 180 days in Travis County Jail by the court.

CAUSE NO.: D-1-DC-24-904086; STATE OF TEXAS v. DOUGLAS BIRDEN
JUDGE: BOB PERKINS
DATES: Jan. 13 – 17, 2025
ATTORNEYS:
State of Texas: Efrain DeLaFuente, Asst. District Attorney
Defendant: Jeremy Shane Sylestine [Austin]

SUMMARY: Defendant was indicted on two counts of Aggravated Sexual Assault of a Child, pertaining to a 1993 cold case. The jury of 12 found the defendant guilty in two separate counts. The jury sentenced the defendant to 30 years in TDCJ.

CAUSE NO.: C-1-CR-23-501185; STATE OF TEXAS v. ALEXANDER BRIONES
JUDGE: DIMPLE MALHOTRA
DATES: Jan. 14 – 16, 2025
ATTORNEYS:
State of Texas: Max Shaps, Asst. County Attorney
Defendant: Joseph Aragon [Austin]

SUMMARY: Defendant was charged with Assault Family Violence. The jury of six found the defendant guilty. The defendant agreed to the following punishment after the jury’s finding: 12 month probation, $4,000 fine, counseling classes, and no victim contact.

CAUSE NO.: D-1-DC-22-300864; STATE OF TEXAS v. ABEL BERMUDEZ-ORNELAS
JUDGE: BRANDY MUELLER
DATES: Jan. 14 – 28, 2025
ATTORNEYS:
State of Texas: Jean Sullivan, Asst. District Attorney
Defendant: Charles Baird [Austin]

SUMMARY: Defendant was indicted on two counts of Murder because two males were found shot inside a vehicle in Elgin, TX. The jury of 12 found the defendant guilty in each count. The jury sentenced the defendant to 60 years in TDCJ.

CAUSE NO.: C-1-CR-22-501587; STATE OF TEXAS v. CHRISTOPHER BRAY
JUDGE: MARY ANN ESPIRITU
DATES: Jan. 28, 2025
ATTORNEYS:
State of Texas: Elsie Aton, Asst. County Attorney
Defendant: Jessica Bernstein [Austin]

SUMMARY: Defendant was charged with Indecent Assault. The jury of six found the defendant guilty.  The court sentenced the defendant to 24 days’ confinement in the County Jail.

CAUSE NO.: D-1-DC-22-500048; STATE OF TEXAS v. AFIF HIDVELASCO
JUDGE: BRENDA KENNEDY
DATES: Jan. 27 – 30, 2025
ATTORNEYS:
State of Texas: Jamie Liu, Asst. District Attorney
Defendant: Angelica Patrice Adel [Austin]

SUMMARY: Defendant was indicted on Sexual Assault, which occurred in 2016. The jury of 12 found the defendant guilty. The jury sentenced the defendant to six years in TDCJ and is required to register as a sex offender.