Court of Appeals of Texas, Fifth District, Dallas
Appeal from the 292nd Judicial District Court Dallas County,
Texas Trial Court Cause No. F-1855502-V.
Justices Bridges, Molberg, and Partida-Kipness.
Teklea Gebreyesus appeals from his conviction for robbery. In
one issue, appellant challenges the legal sufficiency of the
evidence to support his conviction. We affirm the judgment.
Because the issues are settled in law, we issue this
memorandum opinion. See Tex. R. App. P. 47.4.
after 1:00 a.m. on July 1, 2018, appellant walked into the
Kwik Trip gas station and convenience store located near
Greenville Avenue and Park Lane in Dallas County, Texas.
Appellant testified that he went to the Kwik Trip with the
intent to steal beer from the store.
Hershberger was the night manager at the Kwik Trip on July 1
working the overnight shift from 9:30 p.m. to 7:00 a.m.
Hershberger had worked for Kwik Trip for approximately four
months at the time of the robbery, but July 1 was only his
second shift at the Greenville Avenue location. He was alone
in the store when appellant entered the store. Hershberger
testified that he heard a voice and when he saw appellant, he
said hello and welcomed appellant to the store. Hershberger
testified that appellant made a threat by lifting up his
shirt and saying he had a firearm. Appellant then went to the
back of the store, grabbed some beer, and started walking
out. Hershberger challenged appellant before allowing him to
leave the store, something he admitted at trial was not a
good idea. He testified, however, that he "was pretty
intimidated and I just - I was taught when you're
frightened to fight."
Trip's security system recorded video and audio
surveillance footage of the robbery. In the footage,
appellant can be seen walking into the store through the
front doors. Hershberger says hello, and appellant says
something to Hershberger that sounds like motherf***er as he
walks in front of the counter and to the back of the store.
Appellant then stops walking, turns back to Hershberger and
says "I'll show you my pistol." Appellant then
lifts his shirt to show his stomach and waistband. He then
walks off screen briefly. When appellant comes back on
screen, he has a box of beer and walks toward the front door.
As he is walking toward the door and toward Hershberger,
appellant again says "I'll show you my pistol."
Hershberger says "Go ahead. Go ahead. Come on," but
the video shows that appellant kept walking with the beer and
left the store. Hershberger followed him out the door,
yelling "Put the beer down," but appellant did not
stop. Hershberger explained at trial that he followed
appellant out of the store because he was trying to see where
appellant was going so he could get the best description
also told the court that he considered appellant's words
and actions to be a threat:
Q. Justin, when the defendant came in and was mouthing
something, lifted up his shirt, and said, "I'll show
you my pistol," what did you take that to mean?
A. I just -- I took it as an overall threat. That late at
night in that area, and I'm by myself and somebody just
starts screaming, and I've seen enough to know that when
somebody lifts their shirt up like that, it typically means
they're going to show a weapon. I didn't understand
what he said originally, but it was -- it was really intense.
time, Hershberger thought he saw a handle of either a firearm
or a knife in appellant's waistband when appellant raised
his shirt. This was the first time this had ever happened to
alerted an internal Kwik Trip security team to the incident,
but he did not immediately contact the police because he
thought the security team would decide if police involvement
was necessary. Several hours later, however, appellant
returned to the store, and that prompted Hershberger to
contact the police directly. When the police responded to
that call, they learned that a man matching the
appellant's description was nearby. The responding
officers located appellant, spoke to him briefly and, after
appellant attempted to run away from the officers, tackled
him and placed him under arrest.
was indicted for robbery under section 29.02 of the Texas