Appeal from the 318th District Court Midland County, Texas
Trial Court Cause No. FM-56, 779
consists of: Wright, C.J., Willson, J., and Bailey, J.
Wayne Webb appeals the trial court's lifetime protective
order that enjoined him from any contact or communication
with his ex-wife, Lori Beth Schlagal, and her minor daughter.
The Midland County district attorney alleged in the
application for a protective order that Webb had engaged in a
course of conduct that constituted stalking, as defined by
Section 42.072 of the Texas Penal Code.Webb asserts five
issues on appeal. We affirm.
and Webb, after a brief courtship, married in September 2011.
The two separated three months later and divorced in March
2012. Although Webb was the petitioner in the divorce case,
Schlagal testified that she separated from him because she
"felt [her] life was in jeopardy." Schlagal said
that Webb was "very delusional, and he believed that I
was a part of a conspiracy against him."
claimed that, during their marriage, Webb routinely locked
the two of them in a room and interrogated her. On one
occasion in December 2011, Webb locked himself and Schlagal
in a room and asked her "who the pimps, the tricks and
the drug dealers were that were breaking into his home."
Webb believed that a "prostitution ring" operated
in and around his house. Webb had a theory that
"possibly there's a tunnel that comes under my house
that goes up through these pathways that" lead into the
attic. Webb testified that the tunnel and pathways provided a
transportation system for the "prostitution ring."
Webb questioned Schlagal about her involvement in the
claimed that his do-it-yourself, home-security system, which
included Home Depot motion detectors, Samsung cameras, and a
Vivint security system, alerted him to the presence of
intruders. He believed that intruders gained access to his
home through tunnels, pathways, or a basement. Webb conceded
that his house had no basement. He also acknowledged that
people could not go through four-inch walls to get to the
attic, but nonetheless, he believed that the tunnels provided
pathways to the attic.
another occasion during their marriage, Schlagal called the
police after Webb came home screaming and asking her where
his gun was. The police reported to the scene and placed Webb
in their police car, but they released him after he agreed to
leave the premises. When asked if Webb had threatened to kill
or hurt her on this occasion, Schlagal acknowledged that
"[a]t the time [Webb] didn't make a direct threat to
me, no." Webb also thought Schlagal was having an affair
with a sex doctor in Dallas after he had gone through her
phone and phone records. Webb continued to accuse her of
being part of a prostitution ring and said that her breath
smelled like "semen." At the end of December 2011,
Schlagal and Webb separated.
Webb shoots himself in his home with a tripwire device
attached to a 12-gauge shotgun.
January 2012, Webb suffered a gunshot wound to his right
ankle while in his home. Webb was hospitalized for the
gunshot wound, which he initially said was an accidental
shooting. Webb admitted that he kept weapons and a small
amount of tear gas in the house. Later, when Detective Rosie
Rodriguez of the Midland Police Department spoke to Webb in
the hospital, Webb claimed that two neighborhood children had
gained entry to his house through tunnels underneath his home
and shot him. Webb provided Detective Rodriguez with a
hand-drawn map of the tunnel and other pathways, which the
State subsequently introduced into evidence. Detective
Rodriguez started an investigation and went to Webb's
home. She found a 12-gauge shotgun connected to a
"tripwire that went across from one wall -- from the
south wall to the north wall" of a small hallway. After
the police had used a robot to clear Webb's house of any
dangers, they removed his weapons from his home, including
the 12-gauge shotgun and two pistols. Detective Rodriguez
characterized Webb's injury as "self-inflicted"
and described him as "delusional."
Schlagal alleges Webb stalks her following the divorce.
testified that "the last time that I seen or talked to
[Schlagal] was June or July of . So it's been a
year and a half since I seen or talked to her, and as far as
I know she lived in Lubbock, or still does. I don't have
her phone number, you know." Schlagal corroborated this
testimony from Webb. However, Schlagal explained that, after
she left Webb, he continued to try to locate her through
Facebook friends and by e-mailing her and others. He also
threatened her family.
Webb alleges Schlagal is responsible for his gunshot
point, Webb decided that Schlagal was somehow responsible for
his gunshot wound. Webb claimed that Schlagal had a relative
who was a doctor who treated him for his gunshot wound and
that the doctor lied when he reported that he removed shotgun
wadding from the wound because Webb said he was not shot with
a shotgun. Arthur Welch, Schlagal's ex-boyfriend from
after the divorce, contacted Webb via private Facebook
message in October 2012. Welch alleged that Schlagal had
tried to have Welch killed and asked if she may have had a
part in Webb being shot. Webb introduced a copy of the
conversation into evidence. It read as follows:
[Welch]: Do you think [Schlagal] had anything to do with the
shooting? I dated her for a short time here in lubbock. And
she threatened to have me killed.
[Webb]: I feel pretty sure that [Schlagal] was in Lubbock the
weekend I was shot, so I don't think she was the shooter.
I absolutely believe that she knows who did though. She
would've gotten the house and 1/2 million dollars IF I
would've died ACCIDENTLY as it were made to look like. .
[Welch]: Well I think she had a lot to do with it from the
things she said. And I'm so never will trust her either.
[Webb]: What did she say? Did she mention any names?
conversation with Welch prompted Webb to send two e-mails
directly to Schlagal. The first e-mail, sent in November
2012, read as follows:
I told you to call the FBI the other day because of this
conversation where your ex-boyfriend told me that you were
involved in the attempt on my life. If you didn't, then
you are being framed. If you did, then your busted. Either
way, it's in your best interest to . . . [and tell]
EVERYTHING that you know. It's like I told another friend
of mine, 10 years is better than 30.
Furthermore, just knowing about a felony and not reporting it
is a felony under federal law. Do a Google search on
"Misprison of . . ." information about this federal
One more thing, Why didn't you mention that  used to
own the house around the corner?
Schlagal alleges Webb continues stalking her in 2013.
October 2013, Webb sent Schlagal a second e-mail. The State
presented this e-mail as another instance of Webb's
stalking. Webb asked Schlagal in the e-mail, "What was
your part in the break-ins of my house, the death of my
and the murder attempt on my life?" Webb's e-mails
made Schlagal feel harassed, tormented, embarrassed, and
offended, and she also feared for her life. At some point
between Webb's November 2012 and October 2013 e-mails,
Schlagal, acting on the advice of Detective Rodriguez, sent
Webb an e-mail that demanded he cease all contact with her.
Webb denied that he ever received that e-mail.
testified that Webb had sent numerous e-mails to people and
had hundreds of Facebook postings that accused her of being
part of a prostitution ring, which he said was her
"family" business; being involved in the break-ins
in his house; being involved in his mother's death; and
being part of a conspiracy to murder him. Webb acknowledged
that he sent her e-mails and made Facebook postings about her
and that he deleted posts, but he denied that he stalked her.
Gonzalez reported to Schlagal's stepmother that Webb had
posted on Facebook that he was going to kill Schlagal.
Schlagal testified that Webb continued to search for her,
e-mail people about her, put hundreds of posts about her on
Facebook, and accuse and threaten her family. Webb sent
Schlagal an e-mail insinuating that she was involved in a
murder attempt on him and stating that she should contact the
FBI. Schlagal reported to police that Webb would not leave
her alone, and Detective Rodriguez explained that Schlagal
feared for her life. Schlagal wanted the trial court "to
enter a two-year protective order based upon stalking."
admitted that he had called the police, Texas Rangers, FBI,
and attorney general and reported that his gunshot injury was
a murder attempt on his life. He also admitted that he had
sent several e-mails to police about the murder attempt. In
his words, "[Schlagal] would be the most obvious
suspect." Webb persisted in what the police and Schlagal
both described as "delusional" behavior. After a
hearing where both parties testified and presented evidence,
the trial court granted Schlagal's application for a