Owen v. State (905 S.W.2d 434, 1995)

OPINION

VANCE, Justice.

Bonnie Alice Owen was convicted in a jury trial of involuntary manslaughter arising out of an automobile accident in which a six-year-old boy riding a bicycle was killed. The jury assessed five years in prison and found that Owen had used a deadly weapon. She brings six points of error, two of which she concedes have been decided against her. Finding the remaining points without merit, we will affirm the conviction.

FACTS

Owen was driving on Morgan Street in Meridian at about 5:30 p.m. when her vehicle hit the boy and his bicycle. During the investigation, Officer Mike Mabry of the Department of Public Safety talked to Owen at the scene. The conversation was preserved by a video camera that was recording events in front of Mabry’s vehicle. Owen was later given Miranda warnings and an intoxilyzer test at the Bosque County jail. Part of the recorded conversation and the results of the test were admitted into evidence.

ADMISSIBILITY OF OWEN’S STATEMENTS

Three of Owen’s points relate to the admission of the videotape of her conversation with Mabry. Mabry testified that he talked to Owen in his vehicle. He said that she was not in custody at the time and was free to go. The videotape never shows Owen or Mabry during their conversation, so only the audio portion, which was captured by a wireless microphone Mabry was wearing, is relevant. Their conversation started at 6:04 p.m.

Mabry first asked,