Billingslea v. State

780 S.W.2d 271 (Tx. 1989)

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Nature of the Case

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Facts

Billingslea (D), his wife, and son lived with Hazel Billingslea, D’s 94-year-old mother. Hazel has been bedridden from old age frailties since 1984. Virginia, Hazel’s granddaughter, who lived nearby, made several attempts to visit her but was told by D, her uncle, that Hazel was asleep. Virginia even tried phone contact but was threatened by D to stay out of his business, or he would kill her. Eventually, Virginia contacted her mother in New Mexico who called the Dallas Social Security Office to assist in her mother’s welfare. Mosley along with two Dallas police officers and a police social service employee paid a visit to the D household. They met D, and he eventually allowed them into the household where they immediately noticed the strong, offensive order of rotting flesh. They found Hazel lying in bed moaning and asking for help. Part of Hazel’s heel had been eaten away by a large bedsore and others on her back and hip had gone to her bones. Hazel was immediately taken to the hospital. A Dr. found that Hazel was severely cachectic. Hazel was in poor mental health and had been unable to feed herself for some time. She suffered from second-degree burns from lying in her own urine and maggots were festering in the bedsores. Such bedsores would have taken anywhere from 4-6 weeks to develop. Hazel also required large doses of narcotics to relieve the pain. D was indicted, tried and convicted and sentenced under 22.04(a)(1) to 99 years. This conviction was reversed, and his acquittal was ordered. The State appealed.