Gooman v. State

190 S.W.3d 823 (2006)

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Nature of the Case

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Facts

D, Clay, and Davis were working the evening shift on a gas drilling rig. D, Garland, and Davis were sitting around and talking they decided on initiating Davis since he was a new member of the crew. Several initiation techniques were mentioned, including hoisting Davis up with either the 'cat line' or the 'boom line.' D and Garland wrested with Davis and succeeded in putting a belt on Davis. D then retrieved the cat line. Clay was making his way back up the stairs when he saw D walking into the top doghouse with the chain end of the cat line. Clay was making his way back up the stairs when he saw D walking into the top doghouse with the chain end of the cat line. Clay began shaking his head because he thought that 'wasn't very smart.' Clay knew that any slack in the cat line could get caught on the kelly as it turned. Clay saw the end of the cat line going up the backside of the derrick. The chain part of the cat line was tight and was being pulled in reverse out of the top doghouse; therefore, he knew that the cat line was wrapping around the kelly. D hooked the cat line onto the belt Davis was wearing and said, 'I got you.' Without taking his hand off the cat line, D immediately tried to unhook it. D felt something start to pull the cat line, and he was unable to unhook the cat line as it pulled Davis out of the door of the top doghouse. Davis was dragged face first, out of the building. Davis hit the bottom half of the doghouse door, taking it off the hinges. Davis was then dragged to the kelly bushing where he was spun around approximately ten to twenty times as his body hit several different pieces of equipment and surfaces. Davis was getting beaten to death. D shut down the rotary table, and Clay 'kicked the pumps out' to stop the rotary table from spinning backward. The paramedics checked Davis for a pulse, but he was dead. Before the police arrived, D wanted Clay to lie about what happened. Clay eventually told the truth. D was found guilty and appealed. D contends the trial court erred by failing to instruct the lesser included offense of criminally negligent homicide.