Kenneth Wayne Rider v. The State of Texas--Appeal from 399th Judicial District Court of Bexar County

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State: Texas

Court: Texas Northern District Court

Docket No: 04-08-00542-CR

Case Date: 11/18/2009

Plaintiff: Kenneth Wayne Rider

Defendant: The State of Texas--Appeal from 399th Judicial District Court of Bexar County

Preview:MEMORANDUM OPINION
No. 04-08-00542-CR Kenneth Wayne RIDER, Appellant v. The STATE of Texas, Appellee From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2006-CR-9945 Honorable Juanita A. Vasquez-Gardner, Judge Presiding Opinion by: Sitting: Rebecca Simmons, Justice Sandee Bryan Marion, Justice Rebecca Simmons, Justice Marialyn Barnard, Justice

Delivered and Filed: November 18, 2009 AFFIRMED Appellant Kenneth Wayne Rider was convicted by a jury of kidnapping a six-year old child (E.M.). On appeal, Rider contends the evidence is legally insufficient to prove that: (1) Rider did not have a legal right to E.M.; and (2) Rider intended to prevent E.M. from being found. We affirm the judgment of the trial court.

04-08-00542-CR

FACTUAL BACKGROUND On September 4, 2006, Rider visited his ex-wife Betsy at her residence. Rider sought permission to take Betsy's six-year old daughter, E.M., to Sea World for Labor Day. Though Rider and Betsy had three biological sons, Rider was not the biological father of E.M. and did not have custody or visitation rights to E.M. Betsy allowed Rider to take E.M. to Sea World but refused to allow E.M. to spend the night with Rider afterwards. Because the Sea World tickets were too expensive, Rider took E.M. to the swimming pool at a co-worker's apartment complex. Rider did not return E.M. to Betsy that night; instead, Rider and E.M. spent the night with a co-worker's family. Although Betsy called Rider's cellular telephone, leaving several messages, Rider did not answer or return the calls. The following morning, Betsy confronted Rider at his workplace and demanded to know E.M.'s location. After Rider refused to disclose E.M.'s location, Betsy called the police. San Antonio Police Officer David Poole spoke with Betsy and then visited Rider at work. Once again, Rider refused to disclose E.M.'s location and stated that if the officer arrested him, E.M. would never be seen again. Officer Poole described Rider as uncooperative. Based on his refusal to disclose E.M.'s location, Rider was placed under arrest. Rider was subsequently interviewed by Detective Lisa Miller; however, Rider again refused to disclose E.M.'s location. After approximately one hour, Detective Miller searched Rider's cellular telephone, and called Amy Urias, the wife of Rider's co-worker. Urias confirmed Rider left E.M. in her possession, Rider had not called regarding arrangements to pick up E.M., and she could not reach Rider on his cellular telephone. Urias said Rider claimed he was a single parent because

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E.M.'s mother died during childbirth. E.M. was returned to Betsy at the police station. Rider was charged and convicted of kidnapping and this appeal followed. KIDNAPPING A. Standard of Review In reviewing the legal sufficiency of the evidence, we consider all of the evidence in the light most favorable to the verdict and determine whether any rational trier of fact could have found the essential elements of the offense beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319 (1979); accord Clayton v. State, 235 S.W.3d 772, 778 (Tex. Crim. App. 2007). B. Elements of the Offense Rider argues the evidence was legally insufficient to prove he had no legal right to E.M. As support, Rider asserts the State did not prove that he and Betsy were divorced, that he was not the biological father of E.M., or that he lacked visitation rights to E.M. A person commits a kidnapping "if he intentionally or knowingly abducts another person." TEX. PENAL CODE ANN.

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