TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-09-00510-CV
In the Matter of J. A. B.
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 98TH JUDICIAL DISTRICT NO. J-30,362, HONORABLE W. JEANNE MEURER , JUDGE PRESIDING
MEMORANDUM OPINION
The juvenile court found that J.A.B. engaged in delinquent conduct by committing
the offense of aggravated assault with a deadly weapon and placed him on probation in the custody
of his grandfather. J.A.B. contends that the evidence is factually insufficient to support the
adjudication and that the court erred by admitting into evidence an oral statement he made to the
police. We overrule these contentions and affirm the judgment.
On May 11, 2009, J.A.B. was fourteen years old and living with his mother, two
siblings, and his mother's boyfriend, Mike James. James testified that J.A.B. was told by his mother
to do some chores around the house, but he failed to do them. James said that when he saw J.A.B.
"hooking up the [P]laystation to listen to music," he decided that "[J.A.B.] did not deserve any
luxuries while doing his chores." James took the Playstation from J.A.B. and put it in the car. James
testified that when he reentered the house, J.A.B. told him, "You don't have the right, you're not my
f'ing dad, blah, blah, blah, things of that nature." Then, "he swung at me." James testified that he "put [J.A.B.] on the floor" and "detained him." When James released J.A.B. after a brief struggle,
J.A.B. hit James twice on his jaw.
James pushed J.A.B. about fifteen feet across the room, where J.A.B. picked up a
metal pipe of the sort used to hang drapes. J.A.B. brandished the pipe and "looked as if he was
extremely angry." James testified that he walked over to where J.A.B. was standing and took the
pipe out of his hands. As James walked away with the pipe, J.A.B. rushed at him "swinging both
fists." James again pushed J.A.B. away. This time, J.A.B. went to a cabinet and picked up a knife.
J.A.B. opened the knife and held it in front of him with the blade pointing up. James testified that
J.A.B. did not try to attack him with the knife, but he acknowledged giving a statement in which he
said that "[J.A.B.] came at me like he was going to stab me." James said that he "warned" J.A.B.,
who threw the knife to the floor and again rushed at James with his fists swinging wildly. After
James pushed J.A.B. away a third time, J.A.B. went to the kitchen and picked up a meat cleaver.
James testified that he told J.A.B., who was standing about fifteen feet away from him, that "if you
come at me with that meat cleaver this is going to get really bad so you have a choice, drop it, or this
gets worse." James testified that J.A.B. dropped the cleaver and "came at me again." James seized
J.A.B. and "detained him on the floor." After J.A.B. calmed down, James released him