2023-01-31

#event/appeal #county/Randall #court/district/251st #Judge/Board #people/A/Anthony/Lajarvus-Gerjuan #event/plea/guilty #event/sentencing/tdcj/75-years #offense/robbery/aggravated

LAJARVUS GERJUAN ANTHONY, Appellant, v. THE STATE OF TEXAS, Appellee.

On Appeal from Cause Nos. 29,917-C 251st District Court, Randall County, Texas Hon. John B. Board, by assignment

STATEMENT OF FACTS

Seventy-two (72) year old Melvina Grant was attacked outside her home after a late-evening trip to Walmart. (RR 3:83-91). The attack was alleged to have occurred on August 5, 2019. (CR 1:25). She had been
working late that evening at her daughter’s house, and needed to pick up a few items from the store on her way home. (RR 3:83-85). As she was returning home and driving down her alley, she noticed a vehicle in her
rearview mirror, but dismissed it, thinking it was likely one of her neighbors returning home. (RR 3:87). She pulled into the driveway and waited a minute until the car passed. (RR 3:87).

As she was getting her groceries out of her car, an arm went around and grabbed her around the neck. (RR 3:91). She was afraid she was going to die, because she was being choked and could not breathe. (RR
3:91). She tried to grab the arm and pull it away so she would not pass out. (RR 3:92). She had her purse with her, but her attacker made no attempt to take her purse. (RR 3:93). Instead, she was dragged backwards out of her garage. (RR 3:94). As she was being dragged backwards, her assailant tripped over a lawnmower, and groceries went everywhere. (RR 3:94). As they were falling towards the ground she asked her assailant to simply take her purse, which was still on her arm, and leave her alone. (RR 3:98). At that point, she was reaching for her purse to get it off her arm, and he was too. (RR 3:98). When she got it off her arm, he took it and ran. (RR 3:98). She tore up her hand during the fall, and by the time she was able to get off the ground, he had driven off. (RR 3:100). She called the police.

Officers responded within about five minutes. (RR 3:101). Detectives collected several items from the crime scene, including an open condom, and tested the items for DNA. (RR 3:34). Video was collected from Walmart and a suspect was developed based on the video, because Grant was followed both inside the Walmart and in her vehicle upon leaving. (RR 3:38). Initially however, although a photograph of a suspect was developed, the suspect could not be identified. (RR 3:19). The Amarillo Police Department (APD) reached out to the Texas Department of Public Safety (DPS) for assistance, because they have more technology and different avenues available to identify people. (RR 3:19). To try to identify the suspect, DPS looked at all registered sex offenders as well as all vehicles with similar make and model as the one in the Walmart video, but could not come up with anything.

However, using a technology called geofencing, DPS was able to isolate cell phone positions relative to location for the evening of the attack. (RR 3:20). From that information, they were able to identify the suspect in the video as Appellant. (RR 3:21). Search warrants were obtained for Appellant’s DNA, his home and vehicle. (RR 3:22). An arrest warrant was also issued. (RR 3:23). When confronted, Appellant initially denied involvement. (RR 3:39). However, his DNA was effectively linked to the crime scene.

Appellant was arrested and charged by indictment in Cause No. 29,917-C with the first-degree felony offense of aggravated robbery. (CR 1:25). Appellant was deemed to be indigent and was appointed counsel
on October 17, 2019. (CR 1:11). When the matter was called for trial, Appellant waived his right to a jury trial but pled guilty to the Court without a punishment recommendation. (RR 3:10-11). After a hearing on May 24, 2022, Appellant was found guilty by the Court and punishment was assessed at seventy-five (75) years in the Texas Department of Criminal Justice—Institutional Division (TDCJ—ID).