NUMBER 13-18-00256-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

 

IN RE THE COMMITMENT OF JUAN VELA

 

On appeal from the 214th District Court

of Nueces County, Texas.

 

MEMORANDUM OPINION

Before Justices Benavides, Hinojosa, and Tijerina

Memorandum Opinion by Justice Benavides

By a single issue, appellant Juan Vela appeals his civil commitment as a sexually 

violent predator. See TEX. HEALTH & SAFETY CODE ANN. § 841.003. He challenges the 

State’s use of evidence of details of his 1980 offenses and 1995 criminal convictions as 

part of the State’s expert testimony on the grounds that the probative value of the 

evidence was substantially outweighed by its prejudicial nature. We affirm.
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I. BACKGROUND

A. Prior Sexual Convictions

Vela was convicted on February 20, 1995, in Cause No. 93-CR-1379-F in Nueces 

County, Texas of aggravated sexual assault of a child which occurred on or about March 

9, 1993, and he was sentenced as a habitual felony offender. TEX. PENAL CODE ANN. §§ 

22.021, 12.42. On that same date, Vela was also convicted of aggravated sexual 

assault of a child which occurred on or about January 9, 1993. See id. § 22.021. Vela 

was sentenced to concurrent forty year sentences in the Texas Department of Criminal 

Justice—Institutional Division. In 1981, Vela was convicted of sexual conduct with a 

minor and sentenced to seven months’ probation in Arizona. 

B. Civil Commitment Proceeding

The State filed its original petition seeking Vela’s civil commitment in June 2017 

on the grounds that he qualifies as a sexually violent predator pursuant to Chapter 841 of 

the Texas Health and Safety Code. See TEX. HEALTH & SAFETY CODE ANN. §§ 841.001–

.153; In re Commitment of Gomez, 535 S.W.3d 917, 919 (Tex. App.—Corpus Christi–

Edinburg 2017, pet. dism’d). Under Texas law, a person can be found to be a “sexually 

violent predator” if the person: “(1) is a repeat sexually violent offender; and (2) suffers 

from a behavioral abnormality that makes the person likely to engage in a predatory act 

of sexual violence.” In re Commitment of Gomez, 535 S.W.3d at 919. 

Vela’s Texas crimes constitute sexually violent offenses. See TEX. HEALTH &

SAFETY CODE ANN. §§ 841.002(8)(A), 841.003(b)(1); see also In re Commitment of 

Stonecipher, No. 14-18-00143-CV, 2019 WL 1119780, at *1 (Tex. App.—Houston [14th 

Dist.] Mar. 12, 2019, no pet.) (mem. op.). A “[b]ehavioral abnormality” is “a congenital 
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or acquired condition that, by affecting a person’s emotional or volitional capacity, 

predisposes the person to commit a sexually violent offense, to the extent that the person 

becomes a menace to the health and safety of another person.” TEX. HEALTH & SAFETY 

CODE ANN. § 841.002(2).

C. Evidence 

There were two witnesses during the trial: the State’s expert, Darrel Turner, Ph.D., 

and Vela. Dr. Turner is a forensic psychologist who has conducted approximately 150 

evaluations of sexual offenders in Texas and Louisiana in the state and federal criminal 

justice systems. To prepare for his testimony, Dr. Turner was furnished with records 

related to Vela’s criminal, medical, penal and institutional history, as well as Vela’s 

deposition in this case. Dr. Turner interviewed Vela for approximately two hours and 

performed psychological testing on him. 

Dr. Turner testified that Vela suffers from a behavior abnormality that makes him 

likely to engage in sexually violent offenses. According to Dr. Turner, the two biggest 

factors in determining the risk of reoffending sexually are antisociality and sexual 

deviance. Dr. Turner testified that Vela is sexually deviant primarily based upon his 

attraction to prepubescent male children and that Vela met the criteria established by the 

Diagnostic and Statistical Manual of Mental Disorders (DSM-5) criteria for sexual

deviance for pedophilia. Pedophilia is a condition that affects a person’s emotional or 

volitional capabilities. Dr. Turner further testified that Vela’s history of offenses, including 

sexual offenses, indicates a pattern of inability to control his behavior. Vela has never 

successfully completed parole or probation before committing another offense and has 

been incarcerated most of his adult life.
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Dr. Turner also diagnosed Vela with antisocial personality disorder from the DSM5. He described someone with that disorder as “an individual that basically sees 

themselves as quite entitled, and as deserving of essentially whatever they want.” He 

further described the personality type and risk factor as follows:

A willingness to hurt other people. A willingness to con and manipulate 

other people and lie. A lack of empathy; so unable to put yourselves in 

another person’s shoes. Disregard for authority. Trouble controlling 

behavior. All of these things are features of antisocial personality disorder. 

And the more antisocial an individual is, the more fuel they have to act on 

sexually deviant interests. So it is significant that he’s diagnosed with 

antisocial personality disorder. And I do think that’s one of the things that 

makes up his behavioral abnormality.

Vela’s criminal history began when he was a juvenile. Vela admitted torturing 

animals by lighting cats on fire. While in prison, Vela had difficulty controlling his 

behavior and had forty-two disciplinary infractions during his most recent incarceration; 

nineteen of them were major. One of the major disciplinary offenses was a sexual 

offense, masturbating in front of a female guard. She told him to stop, but he did not. 

Several other infractions were violent, including stabbing another inmate sixteen times 

and physically assaulting a guard. The prison offenses speak to Vela’s antisociality, 

according to Dr. Turner. Vela was housed in administrative segregation for twelve years 

because of his membership in a prison gang, which was related to the stabbing incident. 

In 2014, Vela renounced his prison gang ties and was placed back into the ordinary prison 

population. 

According to Dr. Turner, the combination of Vela’s sexual deviance and 

antisociality creates an exponentially higher risk of reoffending than either alone. Vela 

is also borderline in his intellectual functioning and was diagnosed with alcohol use 
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disorder, severe, but is in full remission due to Vela’s controlled prison setting. Vela’s 

intellectual functioning has no impact on his risk of reoffending, other than it may affect 

his ability to gain benefit from therapy. Dr. Turner reviewed Vela’s progress in his sex 

offender therapy and is concerned that Vela is not making any progress and very 

concerned that group members are calling Vela out on his lack of progress. Vela 

continues to minimize his offenses and minimize the effect of his actions on others. 

Dr. Turner testified that he also relied on testing, the Static-99R and the PCL-R 

which provide insight into his risk of reoffending. The PCL-R measures psychopathic 

characteristics on a scale from zero to forty. A person who is a psychopath is very 

manipulative, lacks empathy, has a callousness towards others and lives an impulsive, 

irresponsible lifestyle. According to Dr. Turner, a psychopathic personality often exhibits 

a lot of criminal activity, early behavioral problems, and is willing to victimize others for 

his own gain. The research has shown a high correlation between psychopathy and the 

risk of reoffending. Dr. Turner scored Vela at twenty-eight, which places him in a range 

of high degree of psychopathic traits. An average inmate scores twenty-two to twentythree. 

The Static-99R looked at studies of sex offenders and compiled characteristics of 

sex offenders who re-offended, with the highest score of twelve. The average sex 

offender score is a two to three, but Dr. Turner scored Vela at six which indicates to Dr. 

Turner that Vela is at a substantial risk of reoffending. An offender’s support system on 

release is considered. Vela has a very limited support system. Vela’s age is a 

protective factor; he will be at least fifty-five years old when he is released and studies 

show the rates of reoffending go down after age fifty. Vela has hepatitis C and he now 
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uses a walker. Additional factors on scoring included prior offenses.

Vela admitted to Dr. Turner he would have a hard time not touching a child if he 

was alone with a child and has also expressed a desire to work with children after he get 

out of prison. He explained that he would have safeguards to make certain he was not 

alone with children by having security guards. Dr. Turner found Vela’s admission and 

his desire to work with children to be additional risk factors.

A. The 1980 Offenses

According to Dr. Turner, the details of Vela’s sexual offenses are significant in 

determining whether Vela has a behavioral abnormality. The two male children against 

whom Vela first offended were acquaintances aged six and seven. Vela was eighteen 

years old. Vela took both boys into the restroom at a Denny’s restaurant and tried to 

forcibly remove one boy’s pants while the boy was trying to run out of the bathroom. 

Vela hit the boy to control him and maintained control over the second boy. Vela sat on 

the toilet and had the second boy sit on Vela’s erect penis while penetrating the child’s 

anus. Vela ejaculated. Vela then did same thing with the first boy, had him sit on Vela’s 

erect penis while penetrating his anus, but Vela did not ejaculate. The boys later 

disclosed the assaults. When Vela has been questioned about this event, he has told 

various different stories. He initially told the police that the six-year old was a willing 

participant. According to Dr. Turner, male sex offenders who seek out male child victims 

reoffend at a higher rate than those who seek out female child victims. Moreover, the 

younger the victim, the higher the risk for reoffending. Dr. Turner also found the level of 

Vela’s arousal for two resisting victims in a short period of time, in a public place, while 

Vela was on probation for a burglary offense, to be significant because it demonstrated a 
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great deal of impulsivity, risk-taking behavior, and antisociality. In 1981, Vela was 

placed on seven months of probation for these two sexual offenses, which he did not 

complete. Instead, he absconded to Texas. 

B. The 1995 Convictions

Vela was next convicted of sexual offenses in 1995 based upon two offenses that 

occurred in January and March of 1993. The January offense involved a twelve-yearold girl. Vela was thirty-one years old. The girl lived in Vela’s neighborhood. Vela 

saw her slap her brother; Vela told her to go inside, he slapped her; made her go into a 

bedroom, laid her down, and undressed her. She wanted him to stop, but Vela 

reportedly told her it was OK because he was her godfather. Vela stuck something in 

her mouth because she was screaming. He laid her on her stomach and penetrated her 

anally. Someone knocked on the door and asked what was going on, and Vela put her 

in the bathroom. He threatened her family if she were to tell anyone. In some versions 

of the events, Vela gave her money. According to Dr. Turner, threats and gifts are efforts 

by perpetrators to prevent disclosure by victims and also to groom them to secure children 

they want to abuse. Grooming is considered serious manipulation and is a risk factor. 

Before this offense, Vela had been drinking with friends on the porch. According to Dr. 

Turner, this is more evidence of brazenness, indicating extreme sexual arousal given the 

child’s screaming while there were people on the porch and his ability to maintain an 

erection under the circumstances. Vela gave differing accounts of the event at different 

times.

Vela’s next sexual offense occurred in March 1993 against a male child who was 

eight-years-old, also from his neighborhood. Vela sent the boy inside, followed him into 
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the bathroom, and penetrated the child anally with his penis. Vela ejaculated. Vela 

then forced his penis into the boy’s mouth while the boy was upset and crying. While 

they were in the bathroom and Vela was on the toilet, he placed his finger in the boy’s 

anus as well. At the end of the assaults, the child had blood on his shorts and was 

crying. During this encounter with the child, Vela kicked and kneed the child. Vela also 

displayed a BB gun but portrayed it as a real gun and threatened the boy with harm to his 

family if he told anyone what happened. Dr. Turner described the display of the weapon 

as escalation and a further risk factor. During both offenses in 1993, Vela was on parole 

for another burglary offense, which speaks to Vela’s difficulty controlling his behavior.

The State called Vela to testify at the civil commitment proceeding and crossexamined him in detail on his previous criminal history and the details of his sexual 

assaults on the two boys in 1980 and the girl and boy in 1993. As a result, the State 

elicited the details of the offenses directly from Vela before the jury.

C. Vela’s General Criminal History

Vela spent most of his adult life in jails, prisons, or on probation or parole. He 

had a long history of offenses. In 1978, Vela stole a purse; in 1979 he was arrested for 

being drunk. He was arrested in 1980 for burglary of a vehicle, being drunk and 

disorderly, and public intoxication. Vela left Arizona without permission in 1981 and 

moved to Corpus Christi. In 1981, he was arrested for public intoxication in Nueces 

County. He was arrested in 1982 for theft, failure to ID, and separately for burglary of a 

building to which he pleaded guilty. In 1983, Vela was arrested for burglary of a building 

a month after he was released on parole. He pleaded guilty and was sentenced to five 

years’ imprisonment. When he was paroled in 1984, he was arrested less than a month 
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later for failure to ID, and the following month for possession of a controlled substance 

and for burglary of a building, public intoxication, and simple assault. In 1986, Vela was 

arrested for criminal trespass and public intoxication. In 1989, Vela was again arrested 

for public intoxication, burglary of a building, and failure to ID. Vela pleaded guilty to 

burglary of a building as a habitual felony offender and was sentenced to twenty-five years 

imprisonment. He was paroled in 1991. Vela committed his third sex offense in 

January 1993. In March 1993, he committed his fourth sex offense. 

II. ADMISSION OF “BASIS” EVIDENCE PURSUANT TO RULE 705(D)

By his sole issue, Vela challenges the trial court’s ruling that allowed the State’s 

expert to go into the details of Vela’s criminal acts against minor children to explain his 

opinions. The trial court overruled Vela’s objections that the evidence constituted 

hearsay and that its probative value was substantially outweighed by its unfairly 

prejudicial effect. See TEX. R. EVID. 403, 802.

A. Standard of Review and Applicable Law

We review a trial court’s ruling admitting or excluding evidence for an abuse of 

discretion. Bay Area Healthcare Grp., Ltd. v. McShane, 239 S.W.3d 231, 234 (Tex.

2007) (per curiam); Gomez, 535 S.W.3d at 927. A trial court abuses its discretion when 

it acts without regard for any guiding rules or principles. Downer v. Aquamarine 

Operators, Inc., 701 S.W.2d 238, 241–42 (Tex. 1985); In re Commitment of Mares, 521 

S.W.3d 64, 69 (Tex. App.—San Antonio 2017, pet. denied).

Rule 705 provides that, “Unless the court orders otherwise, an expert may state 

an opinion—and give the reasons for it—without first testifying to the underlying facts or 

data. But the expert may be required to disclose those facts or data on cross-
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examination.” TEX. R. EVID. 705(a). However, 

[i]f the underlying facts or data would otherwise be inadmissible, the 

proponent of the opinion may not disclose them to the jury if their probative 

value in helping the jury evaluate the opinion is outweighed by their 

prejudicial effect. If the court allows the proponent to disclose those facts 

or data the court must, upon timely request, restrict the evidence to its 

proper scope and instruct the jury accordingly.

Id. R. 705(d).

“Evidence is unfairly prejudicial when it has an undue tendency to suggest that a 

decision be made on an improper basis, commonly, but not necessarily, an emotional 

one.” In re Commitment of Anderson, 392 S.W.3d 878, 882 (Tex. App.—Beaumont 

2013, pet. denied). Factors that should be considered include the probative value of the 

evidence, the potential of the evidence to impress the jury in some irrational way, the time 

needed to develop the evidence, and the proponent’s need for the evidence. Id. 

B. Basis Evidence

When Dr. Turner first began testifying about the details of Vela’s 1980 sexual 

assaults on the two boys, defense counsel objected on hearsay, Rule 403, and Rule 

705(d) grounds. TEX. R. EVID. 403, 705, 802. The trial court overruled the objections 

but granted Vela’s counsel a running objection on Rule 705 grounds. The trial court 

gave the requested limiting instruction to the jury. See id. 705(d).

In these kinds of cases, our sister courts have determined that experts may 

disclose otherwise inadmissible data regarding a defendant’s prior offenses as part of the 

basis for the expert’s opinions. See In re Commitment of Day, 342 S.W.3d 193, 197–99 

(Tex. App.—Beaumont 2011, pet. denied); see also In re Commitment of Cain, No. 02-

18-00043-CV, 2018 WL 5993335, at *2 (Tex. App.—Fort Worth Nov. 15, 2018, no pet.) 
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(mem. op.); In re Commitment of Clemons, No. 09-15-00488-CV, 2016 WL 7323298, at 

*8 (Tex. App.—Beaumont Dec. 15, 2016, pet. denied) (mem. op.). We have previously 

found such testimony admissible in a memorandum opinion. In re Flores, No. 13-17-

00258-CV, 2018 WL 1755876, at *4 (Tex. App.—Corpus Christi–Edinburg Apr. 1, 2018, 

no pet.) (mem. op.).

Although the details of each sexual offense was clearly disturbing and prejudicial, 

it was those details, according to Dr. Turner, that furnished him with the information he 

needed to form an opinion regarding whether Vela had a behavior abnormality. Dr. 

Turner connected Vela’s choice of victim, acquaintance or stranger status, age, the use 

of a relatively public location, the ease of discovery, Vela’s use of threats, his use of 

intoxicants, his level of arousal, and the impulsivity of Vela’s act to explain his assessment 

of Vela’s behavioral abnormality and his risk assessment. A review of other cases 

indicates that other experts in these kinds of cases similarly rely on these kinds of details 

to reach their opinions regarding whether a particular defendant has a behavioral 

abnormality as defined by the statute. See Day, 342 S.W.3d at 197–99; see also Cain, 

2018 WL 5993335, at *2; Flores, 2018 WL 1755876, at *4; Clemons, 2016 WL 7323298, 

at *8. Moreover, the State is required to establish that the defendant has a behavior 

abnormality which cannot be done simply by reciting the fact of his convictions. Thus, it 

had need for at least some of the detail from the offenses for the expert to form his opinion 

and explain the basis for the test scoring.

Under these circumstances, we cannot agree that the evidence was so unfairly 

prejudicial as to substantially outweigh its probative value. See Day, 342 S.W.3d at 199. 

Accordingly, we conclude that the trial court did not abuse its discretion in allowing the 
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State’s expert to explain the offense details that were contained in the records he 

reviewed and that were discussed by Vela in his testimony. 

Vela’s sole issue is overruled.

III. CONCLUSION

We affirm the judgment of the trial court.

GINA M. BENAVIDES,

Justice

Delivered and filed the

12th day of December, 2019.