Appeal from the 263rd District Court Harris County, Texas
Trial Court Case No. 1528845
consists of Justices Bland, Lloyd, and Caughey.
found Steven Curry guilty of the felony offense of failure to
stop and render aid, and it assessed his punishment at six
years' confinement. Curry appeals, contending that (1)
the evidence is legally insufficient to support the
jury's verdict, and (2) the trial court erred in failing
to instruct the jury as to his mistake-of-fact defense. We
case arises from a fatal hit-and-run accident. Steven Curry
was indicted for the felony offense of failure to stop and
render aid to bicyclist John Ambrose. See Tex.
Transp. Code § 550.021(a), (c)(1). At trial, Curry did
not dispute that he struck Ambrose with his truck and failed
to stop and render aid. He conceded that Ambrose died as a
result of complications arising from the medical treatment
required by his injuries.
however, contended that he did not know at the time of the
collision that he had struck a person who required his
Saldivar, an officer with the La Porte Police Department,
arrived at the accident scene in response to a 911 call. When
Saldivar arrived, Ambrose was unresponsive and in dire need
of medical attention. Saldivar called emergency medical
services personnel to the scene, who in turn summoned Life
Flight to transport Ambrose to a hospital.
had suffered a severe traumatic brain injury. He remained
unresponsive, and he required a ventilator and feeding tube.
After his discharge from the hospital, he was placed in a
nursing home, where he later died.
County Precinct 8 deputies investigated the accident due to
their expertise in accident reconstruction. They concluded
that a vehicle struck Ambrose from behind while he was
bicycling in the northbound lane of a two-lane road. They
based this conclusion on:
• the direction of the trail of debris in the road,
including debris from the bicycle, which was predominantly in
the northbound lane;
• the damage to the bicycle's rear tire, which was
bent out of shape and had a cracked rim;
• the lack of damage to the bicycle's front wheel;
• gouges or scrapes in the road made when the front
wheel of the bicycle detached as a result of the impact and