patrick anthony russo datelineshallow wicker basket
Several of the Internet pages related to the realtors who testified at trial. At the hearing in the jury's absence, Barajas testified that when Holik answered the telephone, she (Barajas) heard a commotion. This evidence was not repeated before the jury. The special agent opened one of these files while systematically searching for NLM documents but wondered if the file might contain evidence of child pornography. She was eager to sell her Austin home. He began to pet the animal and the dog responded. While the court stated that officers cannot simply conduct a sweeping, comprehensive search of a computer's hard drive because of the amount of private material potentially stored there, it found the search proper because the officers used a clear search methodology and obtained a second warrant as soon as they viewed images they believed fell outside the scope of the initial warrant. He was able to view information about the payment of fees and the purchase of a membership on the Web site. We conclude from all the evidence that a rational jury could have found beyond a reasonable doubt all the essential elements of capital murder, including the aggravating element of robbery involving the timely formed intent to steal. In Brown, a maintenance worker at an apartment building was convicted of murdering a tenant's live-in girlfriend, Shelby Weinstein. The Gray court concluded that under the circumstances, it was reasonable under the Fourth Amendment for the special agent, in his routine preliminary file review, to open the JPG file, and to cease the search and obtain another warrant after viewing the nature of the material. Patrick Anthony RUSSO, Appellant, v. The STATE of Texas, Appellee. 221 F.3d at 1147. Excerpts from the Texas Court of Appeals' opinion dealing with the search warrant: Keith Morrison. Police raided Russo's home in the early morning hours of November 21, 2001. In a search for tangible documents, it is certain that some innocuous documents will be examined, at least cursorily, in order to determine whether they are, in fact, among those papers authorized to be searched. He makes no claim that the evidence was inadmissible because it revealed extrinsic acts or misconduct. On June 18, 2003, a search warrant was issued authorizing the search of appellant's home and the seizure of his personal computer and its content. The computer was seized pursuant to the warrant. . Appellant asserts that none of the missing property was found in his possession or ever recovered, despite searches of his home and church office, the use of metal detectors in his yard, and a survey of pawn shops. Appellant worked at the New Life In Christ Church in Bastrop. The prosecution said of Patrick, Hes a predator, skilled at deceit and cunning and finding watering holes of potential victims. As per prison records, he remains incarcerated at the Thomas Goree Unit in Huntsville, Texas. ref'd))). 2529, 101 L.Ed.2d 472 (1988); Crosby v. State, 750 S.W.2d 768, 780 (Tex.Crim.App.1988). See Photos. In the instant case, appellant challenges only the legal sufficiency of the evidence to establish the underlying offense of robbery. As a nonprofit newsroom, we rely on members to help keep our stories free and our events open to the public. Remember that, Austin? Jeffery Deem, a technology specialist, used the Encase program to make a copy of the computer's hard drive and then performed a keyword search. The facts do not show that Detective Rector exceeded the scope of the search warrant of June 18 in violation of the Fourth Amendment. 12. Penal Code Ann. At that point, he stopped his search and called Malchow [his supervisor]. All these witnesses, except Bob Reynolds, were women. By James Wray. He told the officers that he had a Christian rock band called Broken Silence, and that on the afternoon of November 15, 2001, he had driven to the KNLE radio station in the northwest section of Austin to discuss a Web site. Anthony Russo. Police were able to match Russos DNA with that found on a green towel in Holiks home. Commonwealth v. Marshall, 287 Pa. 512, 135 A. Evid. Texas Rules of Evidence 803 provides a number of exceptions to the hearsay rule, including the present sense impression and state of mind exceptions here involved. Still further, in a murder case, the intention of the victim to go somewhere or to meet someone may be proved by evidence of the victim's out-of-court assertion of intent. Holik explained why she was late in calling Barajas and added: This guy just left. Holik said that she planned to meet with the man and his wife the following Saturday to show her house. The Texas lawmakers said the site of smiling inmates leading others in prayer moved them and helped bring the program to Texas. The evidence indicates that Holik's dogs had been confined in the house for some time. Appellant did not further object at trial. Cardenas v. State, 115 S.W.3d at 62-63. While the authorities were canvassing in the neighborhood, they came across some peculiar information from many homeowners who had their property on sale. Susan Fox reported that appellant said that he had shaved off his goatee and had removed the pin-striping from his van, and that these actions might look suspicious to the police. Offers may be subject to change without notice. Fortunately, one of those homeowners was perturbed after her encounter with him, and wrote down his license plate number after realizing that he looked like the man in the polices composite drawing. ref'd). ref'd). Diane Holik, Patrick Anthony Russo: 'Dateline NBC'--'Erotic Horror' Fantasy Killer war Texas Church Leader --- Support this podcast: htt The trial court did not abuse its discretion in admitting evidence of the contents of appellant's computer as contended. In the hallway, Cranford became nervous because appellant continued to stand in the bedroom with a distant look on his face. Although it is not clear, it appears that appellant is limiting his point of error to certain witnesses apart from all homeowners and realtors whose testimony was not objectable or to which there was no objection. The demise case murder remains a mystery. As earlier noted in the discussion of the fifth point of error, a general relevancy objection does not preserve an extraneous-offense claim under Rule 404(b) of the Texas Rules of Evidence. (statement to neighbor who lived less than one minute away that particular man was in declarant's apartment was made immediately thereafter.23 A functional test should be applied, i.e., whether the proximity in time is sufficient to reduce the hearsay danger of faulty memory and insincerity. Goode, 803.2 (citing Beauchamp v. State, 870 S.W.2d 649, 653 (Tex.App.-El Paso 1994, pet. He testified that he hypothesized the coincidental chances of obtaining the same nuclear DNA results in this case would be one in 16,817. Police officers searched appellant's church office on November 21, 2001. See Tex.R. In State v. Schroeder, 237 Wis.2d 575, 613 N.W.2d 911 (Wis.App.2000), an investigation into Internet harassment and disorderly conduct resulted in a conviction for child pornography. The 42-year-old IBM supervisor was in the midst of selling her large upscale home in Austin, Texas when a man posingas a potential buyer strangled her to death in herhouse. After a keyword search of certain terms proved negative, Id. There was an extensive crime scene investigation at the victim's home. Margraves v. State, 34 S.W.3d 912, 919 (Tex.Crim.App.2000). So, Diane was looking to sell her home and move to Houston, Texas, where he lived. The black-and-white flyer was turned over to the police.3. 2737, 49 L.Ed.2d 627 (1976). Moreover, a hair test has taken from a towel, and swabs from Dianes hand matched Tonys DNA.Finally, Tony has asserted as a killer and sent him for a lifetime in jail. Austin police officers checked Holik's house about 5:30 p.m. on November 16, 2001. Click to reveal The prosecutor noted that the Internet history made reference to a "Necrobabes.com. He then stated that he and his wife could return the next day. In his fifth point of error, appellant urges that [t]he trial judge erred in the admission of extraneous conduct evidence from other8 homeowners and realtors under Tex.R.Crim. P. 33.1. Russo was once arrested for burglary and the kidnapping of a woman. Almost more than five years ago, Diane Holik was brutally murdered in her own Home in Austin, Texas, by Patrick Anthony "Tony Russo". He gave the name of Jim Taylor. See Tex.R. We conclude that the trial court did not abuse its discretion in admitting the exhibits as relevant evidence, or in finding through the balancing process that the probative value of the evidence was not substantially outweighed by the danger of unfair prejudice. See Medina v. State, 7 S.W.3d 633, 643 (Tex.Crim.App.1999). Many of realtors were uncomfortable while showing homes to the man. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, provided that upon timely request by the accused in a criminal case, reasonable notice is given in advance of trial of intent to introduce in the State's case-in-chief such evidence other than that arising in the same transaction.Tex.R. Fletcher v. State, 852 S.W.2d 271, 277 (Tex.App.-Dallas 1993, pet. Eventually, she bought a home there and made a life for herself with a great circle of friends. As noted, on November 18, 2003, another search warrant was issued by a district judge to search the hard drive of appellant's computer for, inter alia, information, photos and text from a Web site named "Necrobabes.com" and information pertaining to death by asphyxiation. Deep Dark Secrets is a podcast hosted by LaDonna Humphrey and Alecia Lockhart that shines a light in dark places when all other lights go out. 401.Rule 402provides:All relevant evidence is admissible, except as otherwise provided by Constitution, by statute, by these rules, or by other rules prescribed pursuant to statutory authority. 2781, 61 L.Ed.2d 560 (1979); Sanders v. State, 119 S.W.3d 818, 820 (Tex.Crim.App.2003); Cardenas v. State, 30 S.W.3d 384, 389-90 (Tex.Crim.App.2000). A man convicted of strangling an Austin woman after entering her home by posing as a potential buyer has been sentenced to life in prison. Police tracked Russo down after they caught wind of a man who claimed to be a potential buyer for multiple homes in the Austin area. All of his appeals have been denied. Her valuable engagement ring was in her possession at 1:30 p.m. on November 15, 2001. Id. Dr. Peacock estimated that Holik died between 3:00 p.m. on November 15 and 3:00 a.m. on November 16, 2001. This week Six Degrees of Murder looks at the . Dan Patrick and Grove Norwood, founder and CEO of the Heart of Texas Foundation, attended the commencement ceremony for the first graduating class on May 9, 2015. Rosa, 628 S.E.2d at 95 (quoting Andresen v. Maryland, 427 U.S. 463, 482 n. 11, 96 S.Ct. Dr. Ranazit Chakraborty, Director of the Center for Genome Information of the University of Cincinnati College of Medicine, reviewed the findings by Mills and Nelson. The Texas Rules of Criminal Evidence was superseded by the Texas Rules of Evidence effective March 1, 1998. Appellant seeks to distinguish Bachhofer on the basis that the instant case did not include any criminal act by appellant during the encounters. Another trial exhibit included his AOL search for "asphyx" (which is hardly the first time that searches have been used as evidence in criminal cases). Holik, who worked from home in Austin, was planning on selling her home and moving in with her fiance in Houston. On November 18, 2003, a second search warrant was issued, that authorized the search of the hard drive of appellants computer for [i]nformation pertaining to death by asphyxiation as well as other information and photos and text from the Web site named necrobabes.com.. Bush v. State, 628 S.W.2d 441, 444 (Tex.Crim.App.1982); Eby v. State, 165 S.W.3d 723, 737 (Tex.App.-San Antonio 2000, pet. Cranford put her Great Dane dog in the study. The first graduating class of the program, taught by Southwestern Baptist Theological Seminary professors inside the Darrington Unit, includes (from left) Leslie Monroe Capers III, Vondre Demond Cash and Gary L. Everett. Appellant calls attention to certain words and phrases lifted out of context in the individual testimony. In his related seventh point of error, appellant urges that the trial judge erred in admitting irrelevant and prejudicial extraneous evidence of the contents of appellant's computer. Appellant argues that the evidence was not relevant under Texas Rules of Evidence 401 and 402 and was more prejudicial than probative. A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter. In 2010, Lt. Gov. Before his arrest, Russo worked as a worship leader and music director at New Life In Christ Church in Bastrop, Texas. A canvas of the neighborhood also revealed that the same man had knocked on the doors of other neighbors who had For Sale signs in the yard. See Tex.R.App. Appellant placed the black-and-white flyer on a table in the foyer. Matson v. State, 819 S.W.2d 839, 846 (Tex.Crim.App.1991); Roberson v. State, 16 S.W.3d 156, 165 (Tex.App.-Austin 2000, pet. The warrant was executed. Kimberlyn Nelson of Mitotyping Technologies at State College, Pennsylvania, testified that she specialized in mitochondrial DNA testing. Furthermore, a hair sample taken from a towel found at the scene and swabs from Dianes hand matched Patricks DNA. Love #Dateline? A spare front door key with a ribbon was missing from the doorknob of a ground floor door. pet.). Evid. The standard of review is the same for both direct and circumstantial evidence. The Tenth Circuit held that while the first image of child pornography was discovered inadvertently and was not subject to suppression because of the plain view doctrine relating to seizures, the detective exceeded the scope of the search warrant by searching for additional pornographic images. Evidence was admitted that demonstrated that appellant's wife (a school teacher) and his son (a student) were at school during much of the time that the Internet was used to access the necrobabes.com Web site. Appellant simply asserts that because the encounters occurred either six months or three months before the offense on November 15, 2001, the evidence is too remote to be relevant and should not have been admitted. The e-mail and home addresses on the membership records matched appellant's. college algebra cheat sheet pdf. Appellant was shown to have visited the homes of Thoom Zech and Lisa Faulkner twice on November 15, 2006, as he may have done at the victim's home. 21. Patrick Russo, 40, a part-time music minister, was convicted of capital murder Feb. 20 by a Travis County jury. Id. He looked at her and his demeanor seemed to change. Keith Morrisons exclusive interview with Russo will air on Dateline NBCon Friday, September 23 at 9pm. At trial, appellant asserted that the witnesses, after learning of the homicide, overreacted in their trial descriptions of their encounters with appellant. The time frame of her death was placed by the medical examiner from 3:00 p.m. on November 15 to 3:00 a.m. on November 16, 2001. He said that he did not enter any houses. On November 15, 2001, IBM supervisor Diane Holik was found strangled in her bedroom. Now, his relationship is perfect. The trial court was careful to eliminate images of unrelated sexual activity and nudity, leaving only those images showing ligature and manual strangulation of women and other items pertinent to this circumstantial evidence case where a woman was strangled in her own home. They arrested appellant later that day at his pastor's house, transported him to Austin, and again interviewed him. As per the show, he was arrested multiple times for assaulting women. Diane Holik was brutally murdered in her Austin, Texas, home more than 15 years ago by Patrick Anthony Tony Russo, a church leader with an erotic horror fantasy. Karena Rosario, Faith Hedgepeths Roommate: 5 Fast Facts You Need to Know, Monsters Among Us: Patrick Anthony Russo http://t.co/g0QBNPm7ut via @mylifeofcrime, Vonne Monai (@VonneMonai) April 9, 2013. Do Not Sell or Share My Personal Information. To this exhibit, appellant expressed "no objection." 19.03(a)(2) (West Supp.2006).1 A jury found appellant guilty of capital murder. It is not an element of any crime, but evidence of motive is generally admissible because it is relevant as a circumstance tending to prove guilt. See Sharp v. State, 707 S.W.2d 611, 614 (Tex.Crim.App.1986); Williams v. State, 692 S.W.2d 671, 676 (Tex.Crim.App.1984). 01:57 Dateline After the Storm Part 10 The suspect is charged with murder, six months after Diane was killed. May 10, 201510 AM Central. Circumstantial evidence of intent is not required to meet the same rigorous criteria for legal sufficiency as circumstantial proof of other offensive elements. at 1273. This led the police to Patrick Anthony Russo. In points five and eight, appellant complains of the trial court's evidentiary rulings in admitting irrelevant, prejudicial, and hearsay evidence. FBI agents executed a search warrant on the defendant's home and seized four computers in connection with an investigation of unauthorized computer intrusions. 17. He then inquired whether there was a husband or boyfriend with whom he could deal. Read More: How Did Andra and Brad Sachs Die? There were no statutory pretrial motions involved. Appellant stated that the storm began and he left. We will not make appellant's argument for him on an issue that he has not chosen to present. When offered, appellant's counsel responded: Subject to the previous rulings of the court, your Honor. The rulings were not identified, and the exhibit was admitted into evidence. Keeping in mind the particular facts of the instant case, we find no violation of the Fourth Amendment. Brady Mills, the supervising criminalist at the Department of Public Safety (DPS) laboratory in Austin, extracted DNA from a swab of the victim's left hand. Using realtor, Rector made a keyword search and found 19 hits in the temporary Internet files and 107 hits in the unallocated clusters.16 On August 1, 2003, Rector presented the extracted Internet history to a prosecutor to see what is real estate and what is not. The prosecutor noted that the Internet history made reference to a necrobabes.com. Rector did not know what that Web site was. Evid. 1801, 114 L.Ed.2d 297 (1991). Through irrefutable scientific evidence, the police were able to bring the culprit to justice. As a result, the court concluded that the detective had temporarily abandoned his search for drug trafficking evidence and intentionally commenced a search for more child pornography not authorized by the object of the existing warrant. Tony Russo Wiki. The house was listed with a realtor for $435,000, and there was a for sale sign in the front yard. Your IP: Tex. See Chaney v. State, 474 S.W.2d 711, 712 (Tex.Crim.App.1972); Dean v. State, 154 S.W.2d 459 (Tex.Crim.App.1941). Appellant advances eight points of error. The 42-year-old IBM supervisor was in the midst of selling her large upscale home in Austin, Texas when a man posing as a potential buyer strangled her to death in her house. 403.12 He does not advance a claim that his extraneous conduct with these latter witnesses was inadmissible, but only that only certain parts of their testimony about their own emotions, feelings, or actions during or after their interactions with appellant were inadmissible because their probative value was substantially outweighed by the danger of unfair prejudice. Hearsay is a statement other than one made by the declarant while testifying at trial or hearing, offered in evidence to prove the truth of the matter asserted. As a result of the jury's answer at the penalty stage of the trial to the special issue concerning mitigating circumstances, the trial court imposed a life sentence. Appellant cites no authority to support his contentions. During the autopsy, police officers collected biological evidence from the victim's left hand. ; Brown v. State, 911 S.W.2d 744, 747 (Tex.Crim.App.1995). This weekend, Holiks story will be highlighted on an episode of Dateline NBC. The police officers also recovered a green towel found on a couch downstairs. 75 Miss. All Rights Reserved. At the conclusion of the hearing, appellant was permitted to wait and view the completed transcription of the court reporter's record of the hearing and then make objections. We have no more information about his spouse. There were no positive hits on these terms. He qualified as an expert witness for the State. Marion Hal Hooper receives his diploma during the commencement ceremony. at 528; see also Andresen v. Maryland, 427 U.S. 463, 482 n. 11, 96 S.Ct. Diane was face down and had ligature marks around her all-over neck according to the source. Also known as Tony A Russo. Also, we have no idea about his brother and sister, and we dont know their names either. Deem noted that it was common practice to manually open picture files because text (such as chat sessions) could be found in JPG files. The Dateline NBC scene After the Storm has featured Tony Russo after the long and severe examination on November 15, 2001, demise of Diane Holik. In the jury's absence, Barajas testified that Holik told her that the man offered cash for her home. There were 1,200 images recovered. One woman--who had been suspicious in a November 5 encounter and wrote down the man's license plate number--recognized the drawing and contacted police. Moreover, her wedding band and money diamond setters were absent from the house. Those in the program "have changed remarkably in the four years not just academically, but in terms of their behavior and their examples to other offenders, Brad Livingston, executive director of the Texas Department of Criminal Justice, said Thursday. In his sixth point of error, appellant contends that [t]he trial judge erred in failing to suppress evidence from the illegal search and seizure of the contents of appellant's computer. The point of error is broadly stated and based only on a claimed violation of the Fourth Amendment to the United States Constitution. Barajas then stated, [S]he came back, she picked up the phone and she said, they are back on. Barajas estimated that her conversation with Holik concluded about 1:30 p.m. that afternoon. now get 0% apr for 72 months, plus $500 Watch Dateline's "The Accused" this Friday, September 30, at 9/8 p.m. Central on NBC. Appellant complains that the jury was presented with information about his membership in the necrobabes.com Web site and substantial and prejudicial images and stories of asphyxiation that had been viewed on his computer. The tenant (Hickson) testified that the victim called him on the telephone and stated that she was not going to work and that the guy is here to fix the air conditioner. The court wrote: Shelby Weinstein's statement that a man was there to fix the air conditioner meets the requirement that the declarant personally perceive the event, that the statement explain or describe the event, and that there be contemporaneity of the statement and the event described. ref'd); Miranda v. State, 813 S.W.2d 724, 733, 742 (Tex.App.-San Antonio 1991, pet. See Tex.R.App. The local police arrived at the home at 6300 Pathfinder Drive, where they found the body of a white female who was identified as 42-year-old Diane Holik. When Holik was killed, I called police and said Its him., Diane Holik: 5 Fast Facts You Need to Know, Diane Holik, Patrick Anthony Russo: Dateline NBCErotic Horror Fantasy Killer Was Texas Church Leader https://t.co/QBOl3Nieog, Brightly (@Brightly5) September 23, 2016. P. 33.1, we observe that appellant did not object on the basis of Rule 404(b), under which the State gave notice and offered the exhibits of which appellant now complains. After having been first interviewed by Austin police officers, appellant discussed the matter with Pastor Fox, telling Fox that some jewelry was stolen in the offense, but the police had not communicated that information to appellant. Find Patrick Russo's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. P. 33.1(a). This was done with the consent of the Web site operator. Id. The court added: This principle applies equally to a search for electronic files. Dateline Episode Trailer: After the Storm | Dateline NBC, When a beautiful woman is strangled to death in her large upscale Austin, Texas home, police look at the men in the victims life, while also considering that a stranger may have killed her. 1. In assaying all the evidence under the Jackson standard of review, a reviewing court must consider all evidence, rightly or wrongly admitted, that the trier of fact was permitted to consider. Several accesses were on November 13, 2001, two days before the Holik murder. He claims that the fact that Holik's undisturbed purse was found in her car in the garage dispels any notion of a robbery at the scene. During the murder investigation, authorities learned that a strange man with a van had stopped by Diane Holiks place to inquire about the sale of her home. We need not reiterate the evidence. Decided: June 07, 2007 Before Chief Justice LAW, Justices PURYEAR and ONION. The seventh point of error is overruled. According to the agents, Tony Russo was a print and computerized Journalist by calling. The trial court had not read the written objections and deferred any ruling at that time. But we are sure that it is not available and his spouses name is not available. The trial court found that the evidence of seven witnesses was not too remote and was relevant. Id. Appellant only worked there about thirty hours a week, but appellant voluntarily quit that job. 18. Russo is currently serving a life-sentence for the murder of Diane Holik. They interviewed Russo and released him. ), to support his argument. ref'd); Schexnider v. State, 943 S.W.2d 194, 198-99 (Tex.App.-Beaumont 1997, no pet.). He urges that the execution of the search of the computer's contents exceeded its scope with the search of a computer file relating to necrobabes.com. It is argued that the search should have been limited to the computer's contents involving real estate as authorized by the search warrant of June 18, 2003. Holik was a supervisory employee of IBM and worked out of her home. A search warrant was issued to enter the defendant's home and seize his computer and related items. We have no more Information about his Father; we will try to collect information and update soon. Itll improve safety for correction officers, state Sen. John Whitmire, D-Houston, said Thursday at a press conference touting the program. Although appellant used the phrase extraneous conduct evidence in the point of error, there was no objection on the basis of Rule 404(b). 19. Russo claimed he could afford to buy the $450,000 house even though he had less than $2,000 in his bank account. She said, this guy just left. When asked about the length of time from when the man had been there to when you talked to her (Holik) on the phone, Barajas responded, Just moments.21 Barajas testified that Holik told her that she [Holik] had plans to meet this man and his wife the following Saturday to show her house. Proc. Brazoria Countys 33 newest Christian ministers arent your typical men of God. Dianes wrists also showed marks consistent with being bound with zip ties. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. Though the death case murder is still a mystery. 3. The court stated: [The computer analyst] testified that when he searches a computer, he systematically goes through and opens user-created files regardless of their names. Performance & security by Cloudflare. his Girlfriend/boyfriends name is Not Available. Rector examined the computer with a program called "Encase," which is designed to recover any data located on a hard drive, whether it is an active computer file or a previously deleted file. >> we said his name came up in an investigation in austin and told his wife these things will happen from time to time because he is a convict and out on parole and not to worry that he would be back in a See Moreno v. State, 755 S.W.2d 866, 867 (Tex.Crim.App.1988). Appellant does not claim that any one exhibit or one set of exhibits was irrelevant and prejudicial but urges that all the named exhibits fell into that category. M. Scott Taliaferro, Assistant District Atty., Austin, for appellee. The manager of the KNLE station, Sherland Priest, testified that because of the approaching storm, all employees were in the lobby with the doors open because of expected high winds on the afternoon of November 15, 2001. On the morning of November 16, 2001, Diane missed a scheduled work call. We do not reach the second point of error claiming legal insufficiency of the evidence to establish that the murder occurred in the course of a kidnapping. See Guevara, 152 S.W.3d at 50; Patrick v. State, 906 S.W.2d 481, 487 (Tex.Crim.App.1995); Dues v. State, 634 S.W.2d 304, 305 (Tex.Crim.App.1982). See United States v. Hawkins, 59 F.3d 723, 730 (8th Cir.1995); cf. A violent thunder and rainstorm descended upon Austin in the afternoon of November 15, 2001.