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Jonathan Menard v. the State of Texas

2026-09-30

Authorities cited

Opinion

majority opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

NO. 09-24-00298-CR

JONATHAN MENARD, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause No. F21-37033

MEMORANDUM OPINION

A jury convicted Jonathan Menard of capital murder of multiple persons in a

single criminal transaction for the asphyxiation and strangulation of “Kim” and her

unborn child, “Kris.”1 See Tex. Penal Code Ann. § 19.03(a)(7)(A), (b). The jury then

1

We refer to the victims and their family members by pseudonyms to conceal their identities. See Tex. Const. art. I, § 30 (protecting a crime victim’s “right to be treated with fairness and with respect for the victim’s dignity and privacy throughout the criminal justice process”); Smith v. State, No. 09-17-00081-CR, 2018 Tex. App. LEXIS 1874 (Tex. App.—Beaumont Mar. 14, 2018, no pet.) (mem. op., not designated for publication).

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sentenced him to life without parole. See id. § 12.31(a)(2). On appeal, Menard raises

four issues challenging: (1) the sufficiency of the evidence relating to the murder of

Kris; (2) the trial court’s jury charge; (3) the trial court’s denial of the defense’s

motion for directed verdict as to venue; and (4) the trial court’s decision to allow a

witness to testify about an extraneous conduct and character evidence. We affirm

the trial court’s judgment for the reasons discussed below.

Background

Timothy Ledoux

Timothy Ledoux lives in Louisiana and works for a vacuum truck company.

On February 11, 2021, Ledoux was sent to a remote area in Calcasieu Parish south

of Interstate 10 in Vinton, Louisiana. He described the area as a large cattle ranch

and oil field. When Ledoux arrived at the ranch and went to open the gate, he noticed

trash in the grass to his left and “what looked like a bone or something[]” protruding

from the ground. When Ledoux looked more closely, he realized the bone appeared

to be from a human foot. He notified his employer who contacted the Calcasieu

Parish Sheriff’s Office.

Melissa Durflinger

Melissa Durflinger is a forensic detective with the Calcasieu Parish Sheriff’s

Office. On February 11, 2021, Durflinger was called to the scene in Vinton,

Louisiana. She described the area as “rural” and said not many people would know

it was there. That day, it was raining, sleeting, and cold. Durflinger started her

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investigation, took photographs and video, and marked and collected evidence for

examination. Copies of the photographs and videos taken that day were admitted at

trial. At the scene, Durflinger found pieces of white fabric and tape scattered about,

leading investigators to believe it was “a deceased body wrapped in tarp, partially

exposed now in a shallow-type grave.” The next day, Durflinger was present at the

coroner’s office for the removal of the wrappings and covers on the victim’s body.

Copies of the photographs taken that day were admitted at trial. Durflinger noted

that the victim’s body was tied up with various types of tape, wire and ties along

with a tarp and a white cloth. The victim’s body was nude and areas that were

exposed to the elements were deteriorated, but parts of the victim’s body contained

in the material were preserved. Several identifying tattoos were observed on the

victim’s body.

Chris Davis

Chris Davis works in the Beaumont Police Department Crime Scene Unit. In

February 2021, Davis conducted an investigation at an apartment located at 1192

McFaddin in Beaumont. During the investigation, Davis took pictures of the

apartment that were admitted at trial.

Frank Coffin, III

Frank Coffin is a detective with the Beaumont Police Department. Coffin

interviewed Menard on January 6, 2021, before Kim’s body was found. At that time,

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Kim was reported as a missing person, and prior to her disappearance, Kim and

Menard were in dating relationship and expecting a child together. A copy of the

interview was admitted and played for the jury. At the interview, Menard told Coffin

that Kim left because Menard told Kim he was going to do everything he could to

take their child away from her. Coffin did not believe Menard was being truthful in

his interview.

Casey LaFargue

Casey LaFargue is a commander with the Calcasieu Parish Sheriff’s Office.

LaFargue described the area the body was found as “[v]ery desolate[,]” “[r]emote[,]”

and “[r]ural.” LaFargue was on the scene to help assist with removing the body. He

was not surprised, based on the conditions that day and the conditions of the body,

that no other DNA was found. On February 11, 2021, LaFargue interviewed Menard

after Kim’s body was found. A copy of the interview was played for the jury. He felt

that overall, Menard was not being truthful in his interview, especially when he told

investigators he had nothing to do with Kim’s death or the disposal of her body.

LaFargue noted inconsistencies in Menard’s interview, including Menard’s

representations of how regularly Kim spoke with her mother.

Mother

Kim’s Mother (“Mother”) described her daughter as quiet and shy as a child.

Kim had a child in 2009 and graduated college in 2013. In August 2014, Kim was

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charged with sexual assault for a relationship with a minor and, after a plea deal, was

sentenced to six years of incarceration. After nearly “five and half years” in prison,

Kim was released and sent to a halfway house in Beaumont in March 2020. Kim met

Menard at the halfway house. In June 2020, Kim moved out of the halfway house

and into an apartment with Menard. Kim and Mother continued to communicate

regularly. In September 2020, Kim told Mother she was pregnant. Kim began

prenatal care with doctors in Beaumont and found out she was having a boy.

The last time Mother and Kim talked was November 23, 2020. Mother

recalled that leading up to their last conversation, “I texted her several times with no

response. I, um, called and the phone just kept ringing. It didn’t, you know -- it didn’t

pick up. So, I sent Jonathan a text and I said, Hey, I’m trying to get ahold of [Kim].

Can you please have her call me.” Later that night, about 7 p.m., Kim called Mother

from Menard’s phone. After November 23rd, Mother continuously tried to contact

Kim, sending text and voice messages to Kim and Menard, and calling on

Thanksgiving. Mother became “extremely concerned” because her daughter never

called her back. Mother continued to try to contact Kim on her granddaughter’s

birthday and Christmas, including sending several messages to Menard. Menard

responded on December “10th or 11th” and Mother asked him to have Kim call her.

Kim never called Mother. On Christmas Day, Mother received an email from Kim,

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a form of communication Kim rarely used with Mother. At first, Mother was excited

to receive any communication from Kim but then began to doubt its authenticity.

It just kept nagging at me, that I thought something about it didn’t seem

right, and all weekend I just kept reading it and reading it and reading

it. So, yeah, there was quite a bit that when I kinda looked -- I looked

at it from the standpoint of kinda the grammar and the language, the

style of it being written, and then I also looked at it from the standpoint

of really what was the content of it and did that make sense to me that

she would have written it.

Mother called Kim’s obstetrician and found out that she did not attend her last

prenatal appointment on December 15th.

On December 28th, Mother wanted to call the police, but first, she called

Menard and asked where Kim was. Menard told Mother “a couple of things[.]” First,

that he thought Kim had flown somewhere for Thanksgiving, which Mother believed

was unusual since Mother had offered to fly Kim home for Thanksgiving and Kim

had said she could not come. Menard also told Mother that someone came and picked

up Kim’s car. Menard told Mother he heard that Kim was living with a friend who

visited her in prison. Mother called this person, and the friend denied communicating

with Kim since March 2020, which Mother validated with Kim’s phone records.

Menard also mentioned that Kim’s social media page stated she moved to Dallas.

Mother did not believe this social media page was Kim’s for several reasons. Kim

did not really use social media, the page had a different name not used by Kim, Kim

did not like big cities such as Dallas, the account used an old picture of her, the

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profile stated she was married when she was not, and the majority of her “friends”

connected to the page were in foreign countries. Mother also noted that Menard told

her that Kim had blocked him on social media, yet the social media page showed

Kim was following him, which Mother thought was “really odd” if Kim really did

not want Menard to know where she was.

The conversation with Menard did not alleviate Mother’s fears, and after

getting off the phone with Menard, Mother called the Beaumont Police Department

and reported Kim as missing. On February 11, 2021, Mother was told that Kim’s

body was found in Vinton, Louisiana. Mother identified Kim through the tattoos on

her body.

Carlos Young

Carlos Young worked with Menard at Jack in the Box. Young recalled that he

never approached Kim or talked to her because Menard would give him “looks” and

had “aggression[.]” Menard accused Young of having a relationship with Kim, but

Young denied it. Young described Menard and Kim’s relationship as “weird[,]” and

said that Menard controlled Kim. Kim would sleep in the car all night waiting for

Menard to get off his shift. Once, Young observed Menard physically assaulting

Kim while Young was visiting their apartment. Menard also sent texts to Young,

pretending to be Kim.

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Chelsie Abbott

Chelsie Abbott was convicted of aggravated sexual assault of a child and

sentenced to prison. She met Kim while serving her sentence. After being released

from prison, Abbott and Kim both were sent to the same program in Beaumont and

became reacquainted. She learned that Kim and Menard were in a relationship.

During this time, Abbott met David Maddox Moia and entered a relationship with

him.2 Eventually, Abbott and Moia and Menard and Kim moved to the same

apartment complex in Beaumont. Abbott recalled that the couples did not spend a

lot of time together and that Kim kept to herself. Abbott learned Kim was pregnant,

which was exciting because Abbott was pregnant was well. She recalled that Kim

was happy and excited to be pregnant, and Kim never told Abbott that the baby was

not Menard’s child. Abbott did not recall Kim ever cheating on Menard, and Abbott

denied that was in Kim’s personality to do.

Abbott, Moia, Menard and Kim made tentative plans to get together for

Thanksgiving. When Abbott and Kim went shopping for Thanksgiving items, Kim

was healthy and visibly pregnant. Abbott never saw Kim again after that day. She

never observed Kim packing boxes and moving away. Later, Menard and Moia

offered Kim’s car to Abbott, and spray painted the car a different color. After Kim

The record refers to David Maddox Moia as “Maddox[,]” but we refer to him

2

as “Moia” in this opinion.

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was reported missing, Abbott and Moia both voluntarily went and spoke to law

enforcement multiple times. Abbott denied knowing what happened to Kim. Abbott

recalled a shift in Moia after one police interview in February 2021, noting he was

crying, hyperventilating, and visibly distressed even after they returned home. Moia

told Abbott why he was upset, and she believed him as his emotions were out of

character.

Rick Evans

Rick Evans was Kim’s obstetrician in Beaumont. Kim’s medical records were

admitted at trial. Evans confirmed Kim was pregnant in August 2020, and Kim was

diligent and regularly attended all her prenatal appointments until December 15,

2020, when she missed her scheduled appointment. He recalled that Kim’s

pregnancy progressed normally, and at her last visit on November 16, 2020, she was

around twenty weeks pregnant. Kim did not indicate that she wanted to terminate

her pregnancy, and she was happy and excited to be expecting a child.

Terry Welke

Terry Welke is a coroner physician for the Calcasieu Parish Coroner’s Office

in Lake Charles, Louisiana. Welke described his educational and professional

background and stated he has performed approximately 8,500 autopsies in his career.

On February 12, 2021, he performed an autopsy on Kim’s body. He noted that Kim’s

body was significantly deteriorated due to exposure and animals. He determined that

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Kim probably died due to asphyxia, and he listed her manner of death as homicide.

Kim’s death would have caused the death of her unborn child as well. After

explaining that asphyxia can happen in many ways, he explained why he came to

the conclusion that asphyxia was the probable cause of death:

I did not see any evidence of gunshot wounds or stab wounds, so I put

down probable asphyxia. The reason I put “probable” is because, like I

said, a lower portion of the body was missing, so I don’t know whether

there might have been a knife that caused injuries to the abdomen and

I was unable to see. Like I said, when I did the examination, most likely

the pelvic area was gone because of animal participation, if you will,

but I really couldn’t rule out there wasn’t some sort of an injury process

involving the abdomen. So, I came up with probable asphyxia, reason

being is if someone comes and said, Well, I saw somebody shoot this

person or stab them in the lower abdomen, then I – it gives me the

ability to make a change in the death certificate in Louisiana.

During cross-examination, Welke conceded that he did not have evidence of

ligature or manual strangulation, petechial hemorrhaging, or external evidence of an

imposed injury. According to Welke there were not enough bodily fluids which

could be tested for a pregnancy hormone. Welke also denied that Kim’s body was

wrapped in a blue tarp.

Billy Stelly

Billy Stelly works in Vinton, Louisiana at Gray Ranch. Stelly recalled in

December 2020 while working on the ranch, he found a post hole digger and shovel

that did not belong to the ranch. Stelly gathered them and put them in the back of his

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truck. Pictures of the tools were admitted at trial. In February 2021, Stelly gave the

tools to law enforcement after Kim’s body was found.

David Maddox Moia

David Maddox Moia was twenty-three years old at the time of trial and was

previously sentenced for aggravated assault as a juvenile. In 2019, Moia was

released and sent to halfway houses in San Antonio and Beaumont. While at the

halfway house in Beaumont, Moia met Menard, Kim and Abbott. He denied being

friends or hanging out with Menard or Kim. He and Abbott began a relationship and

moved into the same apartment complex as Kim and Menard.

One day, towards the end of November 2020, Menard approached Moia at

their apartment complex while Moia was walking his dogs. Menard asked Moia to

help him with something which he found “unusual[.]” Moia went to put his dogs

back in his apartment and followed Menard to his empty apartment. Kim’s body was

inside a storage room inside the apartment. He observed a “body figure” wrapped in

a blue tarp. Moia was shocked and scared. Menard and Moia picked up the body,

carried it downstairs, and put the body in the trunk of Kim’s car. Menard and Moia

then got in the car with Moia driving. He testified that when he became involved,

Kim was already dead. Moia denied knowing anything about how Kim was killed

and stated her body “wasn’t stiff but it wasn’t too loose[,]” with “[a] little stench but

not strong.” Menard gave Moia directions to drive from Texas to Louisiana. Moia

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asked Menard what happened and Menard responded, “He was tired of her

cheating[,]” and that he “lashed out.” Moia recalled exiting the highway in

Louisiana, first going to Menard’s grandmother’s home and getting tools, which

Menard placed in the back seat of the car. Menard told Moia to cross the interstate

again and they took an isolated, not well-traveled road, to a point where the blacktop

ended and turned to gravel. Menard told Moia to stop at an area that was a “plain

field.” Menard and Moia traveled “[a] good ways[]” from the car and started digging,

Menard with a post hole digger and Moia with a shovel. Moia identified the shovel

and post hole digger found by Stelly as the same tools they used that day to dig the

hole. According to Moia, it took them about an hour to dig the hole which he

described as three feet down, five feet long, and two or three feet wide, big enough

to fit a body. Menard then told Moia to stop digging, they went back to retrieve

Kim’s body out of the car. When Menard moved the body, it fell to the ground and

the tarp opened. Moia could see Kim’s skin and that she was visibly pregnant.

Menard and Moia moved Kim’s body to the hole and Menard nudged her in the hole

and both men began to cover up her body with dirt. After covering the body, they

left Louisiana and returned to Beaumont. On the way back to Beaumont, Menard

told Moia, “It is done, don’t speak on it.” Moia denied that they had any other

conversation. Later, Moia agreed to buy Kim’s car, and Menard and Moia spray

painted the car another color.

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After Kim was reported missing, Moia and Abbott spoke to law enforcement

several times. At first, Moia was not truthful but did tell the police what happened

to Kim’s body. Moia stated he was afraid that if he told, something would happen to

him or his family, especially Abbott and their baby. Moia regretted not telling the

police earlier and denied any of the events that happened that day were his idea.

During cross-examination, Moia stated he was truthful in his statement to law

enforcement. He did not recall whether he had his cell phone on him the day he

helped Menard dispose of Kim’s body. Moia specifically recalled telling law

enforcement that the tarp around Kim’s body was blue but acknowledged the tarp

found around her body was not blue. He also clarified that Menard drove that day.

Jerod Abshire

Jerod Abshire is a digital forensic investigator with the Calcasieu Parish

Sheriff’s Office. He explained that as a digital forensic investigator he “download[s]

and process[es] and analyze[s] a multitude of devices; cell phones, DVRs, vehicles.

I like to tell people if it’s an airplane that needs to be downloaded, we download it,

process it, analyze it and provide that in a format to -- so the investigator can view

it.” After Kim’s body was found, Abshire was called to do an extraction of Menard’s

phone obtained via search warrant. A copy of the information extracted was admitted

at trial. Abshire described his search and extraction as unbiased, explaining, “I don’t

know anything. I just -- I’m just trying to figure out what happened before and what

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happened after this bang that might have occurred. So, I don’t know any different,

right? I don’t -- there’s no bias in that phone at all.”

Before November 23, 2020, Menard’s phone was in “good use[,]” with calls

being made and text messages being sent. Between November 23, 2020, and

November 25, 2020, Menard did not use the phone at all. Abshire stated that this

could be indicative of the phone’s content being deleted during that time. Abshire

found a photo of an Apple iPhone on Menard’s phone taken on November 29, 2020.

Menard’s phone was an Android phone. Abshire also found a photo taken at the

Texas/Louisiana state line at the Texas westbound rest stop. This photo was taken

on November 30, 2020, at 9:02 a.m.

Travis Lavergne

Travis Lavergne is a captain with the specialized investigations of the

Calcasieu Parish Sheriff’s Office. His specialty is cell phone analysis and mapping.

Lavergne described his educational and professional background and stated he was

tasked with analyzing cell phone records after Kim’s body was found in Vinton,

Louisiana on February 11, 2021. Lavergne explained what information is collected

from cell data records, noting this information and analysis was different than the

data collected by Abshire.

So, the call detail records are records that are maintained by the cell

carriers, and we will notify -- first, we will identify a target number that

we want to pursue a legal process on and begin preservation of the

records and then request those records maintained by the carrier, which

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can include subscriber information; transactional records, call, text,

data transactions, could be estimated locate data, could be videos,

photographs, device identifiers, e-mails, voicemail’s, IP logs. There’s a

multitude of things that that company could maintain that we’re going

to attempt to recover.

Lavergne can use the data recovered to find where a phone is being used during a

certain time.

Lavergne managed to get a search warrant and analyze call detail records from

Kim’s and Menard’s phones. He obtained data from both phones to determine travel

at the end of November 2020. He found that their “home tower” was in Beaumont

at their apartment due to the amount of usage in that area. He disputed Menard’s

claim that he had not seen Kim since before Thanksgiving, as the records showed

their phones were near each other after Thanksgiving. On November 30, 2020,

around 3:00 a.m. to 7:00 a.m. both phones traveled together to Vinton, Louisiana.

Menard told investigators that his phone was stolen in November 2020 and that he

got a new phone. Lavergne disputed this and testified that based on phone records,

Menard had the same phone and used it normally throughout November 2020 and

January 2021. With Kim’s phone he noticed the following anomalies:

So, her cell phone usage, the phone’s transactions the network for what

was a known time of last contact from this investigation to the start of

the records that we pulled, her average transactions with the network

was around 200. The 22nd to the 23rd, there was a spike in transactions

up to 600, maybe around 800, kinda -- kinda significant spike, followed

by a brief valley thereafter, kind of a good little lull. I believe that the

phone lulled down to 80 transactions, which is not only less than the

day prior but less than what was typically seen on her device.

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So, from the 23rd through the 24th, that phone was in the Beaumont

area on that Beaumont home tower. And then there is a four-day lull, I

believe, from the 24th through the 28th -- to the afternoon of the 28th.

The phone comes back on network. As a different phone now but still

the same tower and sector, home tower near Beaumont.

He explained the “lull” on her phone was “minimal to zero activity on the

phone. There are no data transactions. There are no text messages. There are no voice

calls. There’s no pinging of this phone to see where it is or where the best tower is.”

But late on November 29th and early morning November 30, 2020, Kim’s phone

reactivated and traveled to Vinton in the area near where her body was found.

Menard’s phone also traveled to Vinton, Louisiana at the same time. Lavergne

explained that around November 16, 2020, Kim’s phone changed models from an

iPhone 6 Plus to an iPhone 6, then on November 30, it changed to a prepaid phone

while still on the same cell phone service provider. After her phone was switched to

the prepaid phone, text messages were received associated with two factor

authentication “typically associated with a password reset from Google. You’re

trying to reset the password[,] and you don’t have an alternate e-mail, you can

provide a phone number for them to send that reset link to.” After the 30th, no

activity appeared on the network again for Kim’s phone.

During cross-examination, Lavergne agreed they did not have information

about where Kim’s phone was during the “lull” of data in late November, and law

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enforcement did not have cell phone records that showed Moia being in Vinton,

Louisiana on November 24, 2020.

Brittany Burch

Brittany Burch and Menard were in a relationship and have two children

together. In the beginning, the relationship was “great[,]” but Menard became

“mentally, emotionally, [and] physically abusive.” Menard accused Burch of

cheating “[a]ll the time.” Burch testified that Menard choked her many times, but

she specifically recalled one time while she was pregnant where he placed his hands

around her neck, and she believed she lost consciousness.

I was pregnant with one of my children and holding the other one. He

was in a fit of rage. He pushed the refrigerator out of the kitchen into

the living room. It didn’t end up falling on me, but he did proceed to

choke me to the point of I was -- I was pretty peaceful. I thought I was

gonna die.

After Burch and Menard separated, Menard gained access to Burch’s social media

accounts and sent posts and messages to other people pretending to be Burch. During

their relationship he would use her social media account to try to get other people to

confess to having an affair with Burch.

James Robichaux

James Robichaux was called as a witness for the defense. Robichaux is a

detective with the Beaumont Police Department, and in 2020 and 2021, he was in

the Crimes Against Persons Department, which included investigating murders,

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robberies, and assaults. Robichaux conducted interviews with Menard and Moia.

With Moia, he conducted at least four interviews, because he felt Moia was not being

truthful in his interviews. Robichaux confirmed that Kim’s body was found wrapped

in electrical tape and a tarp that was primarily orange, not blue, but since he was not

present when they removed the body he could not testify as to whether she was nude.

He confirmed that Moia said the tarp was blue and there was no tape even after law

enforcement questioned if he was right in his recollection. There was also no

physical evidence collected in Beaumont that connected Menard with this crime.

Additionally, no license plate readers showed Kim’s car going to or from Vinton,

Louisiana on November 24, 2020.

Video Evidence

Video evidence was admitted at trial of Menard’s law enforcement interview.

In the interview, Menard accuses Kim of infidelity, and Menard told law

enforcement the last time he saw Kim was the Sunday before Thanksgiving. He also

confirmed to law enforcement that Kim was about four months pregnant and had a

visible baby bump. Video footage was also admitted of the scene where Kim’s body

was found in Louisiana.

Issue Three

We begin our review with the issue that would afford Menard the greatest

relief on appeal, issue three in which he challenges the sufficiency of the evidence

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to support the murder of Kim’s unborn child, Kris. See Benavidez v. State, 323

S.W.3d 179, 181 (Tex. Crim. App. 2010) (explaining that insufficient evidence to

support a conviction may in some instances lead to rendition of an acquittal).

Kris’s murder

In his third issue, Menard argues the evidence is insufficient to find him guilty

of the death of Kris, Kim’s unborn child. Menard contends that although there was

evidence that Kim was pregnant in early November 2020, there was no evidence

presented that she was pregnant at the time of her death.

The jury is the exclusive judge of the credibility of the evidence and the weight

to be given to that evidence. Metcalf v. State, 597 S.W.3d 847, 855 (Tex. Crim. App.

2020). Thus, the jury is responsible for resolving conflicts in the testimony, is free

to believe some, all, or none of a witness’s testimony, and may assign as much or as

little weight to a witness’s testimony as it sees fit. Id. Jurors may also draw

reasonable inferences from the evidence. Hooper v. State, 214 S.W.3d 9, 13 (Tex.

Crim. App. 2007) (citation omitted). “[A]n inference is a conclusion reached by

considering other facts and deducing a logical consequence from them.” Id. at 16.

When examining whether a criminal conviction is supported by legally

sufficient evidence, we compare the evidence to the elements of the offense as

defined by a hypothetically correct charge. Malik v. State, 953 S.W.2d 234, 240

(Tex. Crim. App. 1997). We consider all the evidence, viewed in the light most

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favorable to the verdict, along with the inferences that could reasonably be drawn

from the evidence. Hooper, 214 S.W.3d at 13. We do not assess the credibility of

the evidence, reweigh the evidence, nor substitute our judgment for that of the jury.

See Williams v. State, 235 S.W.3d 742, 750 (Tex. Crim. App. 2007) (citation

omitted).

The evidence is legally sufficient to support the conviction if any rational trier

of fact could have found each of the essential elements of the offense beyond a

reasonable doubt. See Jackson v. Virginia, 443 U.S. 307, 318-19 (1979). “Each fact

need not point directly and independently to a defendant’s guilt, as long as the

cumulative force of all the incriminating circumstances is sufficient to support the

conviction.” Balderas v. State, 517 S.W.3d 756, 766 (Tex. Crim. App. 2016)

(citation omitted); see also Garcia v. State, 667 S.W.3d 756, 761-62 (Tex. Crim.

App. 2023) (citation omitted) (“A proper review of evidentiary sufficiency considers

the cumulative force of the evidence.”).

A person commits capital murder if he commits murder, intentionally or

knowingly causes the death of an individual, and he murders more than one person

during the same criminal transaction. See Tex. Penal Code Ann. §§ 19.02(b)(1),

19.03(a)(7)(A). The Court of Criminal Appeals has explained:

Under the Texas Penal Code, a person commits capital murder if he

intentionally or knowingly causes the death of “more than one person

... during the same criminal transaction.” A “person” includes an

“individual.” The Penal Code in turn defines an “individual” as “a

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human being who is alive, including an unborn child at every stage of

gestation from fertilization until birth.” It follows from these provisions

that a person who intentionally or knowingly causes the death of a

woman and her unborn child, at any stage of gestation, commits capital

murder.

Lawrence v. State, 240 S.W.3d 912, 915 (Tex. Crim. App. 2007) (internal citations

omitted). Further,

[T]he State is not required to produce and identify the body or remains

of the decedent. The State’s possession of a dead body can make

proving the victim’s death easy, but the victim’s death can be proved

through other evidence, even if that evidence is circumstantial. The

notion that the careful and meticulous murderer might escape

punishment by destroying or forever concealing the body of his victim

is a distasteful one, and the murderer’s successful disposition of the

victim’s remains should not be rewarded.

And partly for this reason, it need not necessarily be known what caused

the victim’s death. [T]he cumulative force of all the incriminating

circumstances can support a murder conviction even if the evidence did

not prove the method of commission of the offense. Evidence of how a

victim died would likely be helpful in proving that the victim is dead

(as well proving other elements of murder), but the ultimate question is

whether the evidence, when viewed as a whole, is sufficient to establish

the victim’s death.

Nisbett v. State, 552 S.W.3d 244, 263-64 (Tex. Crim. App. 2018) (internal citations

and quotations omitted).

Although Menard contends because the child’s body was not found and no

evidence was presented that Kim was pregnant at the time of her death, “[a] jury

may consider several factors in linking a defendant to the victim’s disappearance

(and ultimately to [his] death)” including circumstantial evidence. Williams v. State,

21

No. 12-24-00318-CR, 2026 Tex. App. LEXIS 4147, at *25 (Tex. App.—Tyler Apr.

30, 2026, no pet.) (mem. op.) (citing Neisbett 552 S.W.3d at 265). Mother testified

that Kim told her she was pregnant, Kim was pregnant when she stopped

communicating with Mother, and that Kim was receiving prenatal care. Evans stated

he was Kim’s obstetrician and that Kim regularly attended her prenatal

appointments, most recently in early November, at her last appointment she was

about twenty weeks pregnant, and she had a healthy pregnancy at the time of her last

appointment. Abbott testified that Kim told her she was pregnant, and Kim was

visibly pregnant when they went grocery shopping together for Thanksgiving dinner.

Finally, Moia testified that when he and Menard moved Kim’s body from the car

trunk, the body fell to the ground, the tarp moved, exposing Kim’s body, and she

was visibly pregnant.

Based on this evidence, a rational juror could have reasonably concluded

beyond reasonable doubt that Menard intentionally or knowingly caused the death

of Kim and her unborn child, Kris. See Tex. Penal Code Ann. § 19.03(a)(7)(A); see

also Jackson, 443 U.S. at 318-19; Garcia, 667 S.W.3d at 761-62; Balderas, 517

S.W.3d at 766; Lawrence, 240 S.W.3d at 915. Thus, we hold the evidence was

legally sufficient to establish that Menard committed capital murder of Kris. We

overrule this issue.

22

Issue Four

Venue

In his fourth issue, Menard argues the trial court erred when it denied his

motion for directed verdict challenging the trial court’s venue. Menard contends that

the evidence is legally insufficient to establish proper venue in Jefferson County

because the State failed to produce evidence that Kim’s death occurred in Jefferson

County, her body was found in Louisiana and the “State’s witness, [Moia] claimed

he had no knowledge as to the cause, manner or means of [Kim’s] death.”

“[Venue] is not a ‘criminative fact,’ [and] venue is not an ‘element of the

offense’ under Texas law.” Schmutz v. State, 440 S.W.3d 29, 34 (Tex. Crim. App.

2014) (quoting Boyle v. State, 820 S.W.2d 122, 140 (Tex. Crim. App. 1989),

overruled on other grounds by Gordon v. State, 801 S.W.2d 899 (Tex. Crim. App.

1989)). “[V]enue is procedurally and substantively different from elements of the

offense.” Schmutz, 440 S.W.3d at 31. Lack of venue is not a finding of insufficient

evidence of a required element of the offense, and it does not mean that the trial

court lacked jurisdiction. Id. (citation omitted) “Although venue must be proven ‘at

trial to establish a defendant’s [legal] status,’ that ‘does not convert’ venue into an

‘element[] of the proscribed offense[].’” Id. at 35 (quoting State v. Mason, 980

S.W.2d 635, 641 (Tex. Crim. App. 1998)). Therefore, failure to prove venue at trial

does not implicate sufficiency of the evidence, nor does it require acquittal. Id.

23

Moreover, failure to prove venue as alleged in the indictment does not constitute

structural or constitutional error. Id. at 36-37.

The State bears the burden to prove, by a preponderance of the evidence, that

venue is proper in the county in which the case is tried.3 Tex. Code Crim. Proc. Ann.

art. 13.17 (repealed eff. Jan. 1, 2025);4 Murphy v. State, 112 S.W.3d 592, 604 (Tex.

Crim. App. 2003). Evidence is sufficient to prove venue if “from the evidence the

jury may reasonably conclude that the offense was committed in the county alleged.”

Rippee v. State, 384 S.W.2d 717, 718 (Tex. Crim. App. 1964) (citation omitted).

In reviewing a challenge to proof of venue, an appellate court must presume

that venue was proven in the trial court unless venue was disputed in the trial court

or the record affirmatively shows the contrary. Tex. R. App. P. 44.2(c)(1) (creating

venue presumption for criminal cases). Here, because the defendant challenged

venue in a motion for directed verdict during the guilt-innocence phase of the trial,

the presumption does not apply. See Williams, 2026 Tex. App. LEXIS 4147, at *19.

“Instead, we consider the evidence in the light most favorable to the verdict and

determine whether a rational finder of fact could have found by a preponderance of

the evidence that venue was proper in [Jefferson] County.” Id. (citation omitted).

Venue may be established by either direct or circumstantial evidence. See Rippee,

We use the provisions of the code in effect at the time of Menard’s trial.

3

Act of January 1, 2025, 88th Leg., R.S., Ch. 765, § 3.001(6), 2023 Tex. Sess.

4

Law Serv. 1976 (for current version see Tex. Code Crim. Proc. Ann. art. 13A.002).

24

384 S.W.2d at 718. “‘The trier of fact may make reasonable inferences from the

evidence to decide the issue of venue.’” Hernandez v. State, 198 S.W.3d 257, 268

(Tex. App.—San Antonio 2006, pet. ref’d) (quoting Bordman v. State, 56 S.W.3d

63, 70 (Tex. App.—Houston [14th Dist.] 2001, pet. ref’d.)).

Here, evidence was presented that Menard and Kim lived in an apartment in

Beaumont. Moia and Abbott lived in the same apartment complex. Moia testified

that in late November 2024 Menard asked him to help move Kim’s body from

Menard’s apartment. Moia observed Kim’s body was wrapped in a tarp in a storage

closet in Menard’s Beaumont apartment and testified there was already a smell to

the body when it was moved by Menard and Moia. Additionally, even assuming

without deciding that venue was improper, Menard was not harmed. He was

provided with notice of the venue by the indictment, and he lived in Beaumont;

therefore, venue in Jefferson County was not inconvenient for Menard. Nor did

Menard argue that venue in Jefferson County would lead to a biased jury pool.5

On this record, we conclude that the trial court did not err in determining that

venue was proper in Jefferson County, Texas. See Tex. Code Crim. Proc. Ann. art.

13.17. (repealed Jan. 1, 2025); Schmutz, 440 S.W.3d at 34. For the reasons explained

5

At trial and on appeal, Menard’s trial and appellate counsel argue venue must be established with evidence excluding Moia’s testimony as he was an accomplice witness. We do not address whether evidence other than Moia’s testimony is needed as we conclude and explain below that Moia was not an accomplice witness.

25

in Schmutz, we reject Menard’s contention that venue is an element of the offense

that the State must prove. See Schmutz, 440 S.W.3d at 34-35. Furthermore, even if

venue had not been properly proved at trial, any such error would have been

harmless. See id. at 35, 37, 39. We overrule issue one.

Issue Two

Jury Charge Error

In his second issue, Menard argues the trial court committed reversible error

by failing to include an accomplice-witness instruction in the jury charge during the

guilt-innocence phase of trial. According to Menard, Moia was an accomplice

because he “participat[ed] in the total offense” by helping Menard move the body

out of the apartment and into a vehicle, traveling with Menard to Louisiana and

helping Menard bury the body. The State responds that the trial court was not

required to submit an accomplice-witness instruction, because Moia was not an

accomplice.

“A conviction cannot be had upon the testimony of an accomplice unless

corroborated by other evidence tending to connect the defendant with the offense

committed; and the corroboration is not sufficient if it merely shows the commission

of the offense.” Tex. Code Crim. Proc. Ann. art. 38.14. “Because the rule requires

corroboration of accomplice-witness testimony before a conviction can stand, the

jury must be instructed accordingly, but the particular instruction that must be given

26

depends on the circumstances of each case.” Zamora v. State, 411 S.W.3d 504, 510

(Tex. Crim. App. 2013). “Whether a defendant is entitled to an accomplice-witness

instruction is a function of the evidence produced at trial.” Ash v. State, 533 S.W.3d

878, 884 (Tex. Crim. App. 2017). If the evidence raises a question of fact regarding

whether a witness is an accomplice, the trial court must include an instruction and

allow the jury to decide whether the witness is an accomplice; if the evidence

conclusively establishes that a witness is an accomplice, the trial court must instruct

the jury that the witness is an accomplice as a matter of law. Druery v. State, 225

S.W.3d 491, 498-99 (Tex. Crim. App. 2007). But “when the evidence clearly shows

that a witness is not an accomplice, the trial judge is not obliged to instruct the jury

on the accomplice witness rule—as a matter of law or fact.” Smith v. State, 332

S.W.3d 425, 440 (Tex. Crim. App. 2011).

We review a trial court’s determination of whether the evidence supports an

accomplice-witness instruction under an abuse-of-discretion standard. See Paredes

v. State, 129 S.W.3d 530, 538 (Tex. Crim. App. 2004).

If a witness is an accomplice as a matter of law, the trial court is

required to provide an accomplice-witness instruction to the jury. If,

however, the parties present conflicting or unclear evidence as to

whether a witness is an accomplice, the jury must first determine

whether the witness is an accomplice as a matter of fact. The trial court

is not required to give the jury an accomplice-witness instruction when

the evidence is clear that the witness is neither an accomplice as a

matter of law nor as a matter of fact.

27

Cocke v. State, 201 S.W.3d 744, 748 (Tex. Crim. App. 2006) (internal citations

omitted).

An accomplice is a person who participates with the defendant in the crime

by taking an affirmative act to assist in the commission of the crime before, during,

or after its commission, who acts with the required culpable mental state for the

crime, and who could have been prosecuted for the same offense or a lesser-included

offense. Druery, 225 S.W.3d at 498-99; see also Paredes, 129 S.W.3d at 536;

Medina v. State, 7 S.W.3d 633, 641 (Tex. Crim. App. 1999). Mere presence at the

scene of the crime does not render a witness an accomplice. Druery, 225 S.W.3d at

498; Cocke, 201 S.W.3d at 748. “[T]here must still be some evidence of an

affirmative act on the part of the witness to assist in the commission of the charged

offense.” Druery, 225 S.W.3d at 499. “And complicity with an accused in the

commission of another offense apart from the charged offense does not make that

witness’s testimony that of an accomplice witness.” Id. at 498. Disposing of a body

after a murder does not make a witness an accomplice witness. See Smith v. State,

721 S.W.2d 844, 851 (Tex. Crim. App. 1986) (witness was not an accomplice

because there was no evidence that the person played any part in the commission of

the offense even though he was present when the murder was committed and helped

dispose of the body); Ruffins, 666 S.W.3d at 647.

28

The record before us does not contain evidence that Moia, acting with the

requisite mental state, participated with Menard by affirmatively acting to promote

or assist with the murder. See Druery, 225 S.W.3d at 498-99; see also Paredes, 129

S.W.3d at 536; see also Metcalf, 597 S.W.3d at 856. Moia’s participation in

disposing of the body after the murder, even if constituting evidence of a separate

offense, is not evidence that Moia was an accomplice in the murder. See Smith, 721

S.W.2d at 851; Druery, 225 S.W.3d at 498. “The defendant is entitled to an

accomplice-witness instruction if and only if ‘there is sufficient evidence in the

record to support a charge against the witness alleged to be an accomplice.’” Medina,

7 S.W.3d at 641 (citing Blake, 971 S.W.2d at 455). There is no evidence that would

justify prosecuting Moia for the offense of murder or a lesser-included offense.

Because the evidence is clear Moia was neither an accomplice as a matter of law nor

as a matter of fact, Menard was not entitled to an accomplice-witness instruction.

We overrule Menard’s second issue.

Issue One

Extraneous Conduct Testimony

In his final issue, Menard challenges the trial court’s ruling allowing Brittany

Burch to testify as to extraneous acts allegedly committed by Menard. During the

guilt-innocence phase of trial, Menard timely objected to Burch’s testimony under

article 38.36 of the Texas Code of Criminal Procedure, and Texas Rules of Evidence

29

Rules 403, 404(b), 405 and 406, arguing it was purely “conformity” testimony. In

response, the State argued Burch’s testimony was “a permitted use under 404(b),

motive, opportunity, intent, preparation, plan, lack of accident.”

We review a trial court’s decision to admit evidence and overrule objections

for an abuse of discretion. See De La Paz v. State, 279 S.W.3d 336, 343 (Tex. Crim.

App. 2009). “As long as the trial court’s ruling is within the ‘zone of reasonable

disagreement,’ there is no abuse of discretion, and the trial court’s ruling will be

upheld.” Id. at 343–44 (quoting Montgomery v. State, 810 S.W.2d 372, 391 (Tex.

Crim. App. 1991) (op. on reh’g)); State v. Mechler, 153 S.W.3d 435, 439-40 (Tex.

Crim. App. 2005). If the trial court’s decision is correct on any theory of law

applicable to the case, we will uphold the decision. De La Paz, 279 S.W.3d at 344;

Osbourn v. State, 92 S.W.3d 531, 538 (Tex. Crim. App. 2002).

The erroneous admission or exclusion of evidence is generally reviewed under

the standard for nonconstitutional error contained in Rule 44.2(b) of the Texas Rules

of Appellate Procedure if the trial court’s ruling merely offends the rules of evidence.

Melgar v. State, 236 S.W.3d 302, 308 (Tex. App.—Houston [1st Dist.] 2007, pet.

ref’d); see also Solomon v. State, 49 S.W.3d 356, 365 (Tex. Crim. App. 2001). Under

Rule 44.2(b), even if the trial court erred in admitting the evidence, we may not

overturn a criminal conviction for nonconstitutional error if, after examining the

record as a whole, we have fair assurance that the error did not have a substantial

30

and injurious effect or influence in determining the jury’s verdict. Casey v. State,

215 S.W.3d 870, 885 (Tex. Crim. App. 2007). In our determination of whether error

adversely affected the jury’s decision, we consider everything in the record,

including testimony, physical evidence, jury instructions, the State’s theories, any

defensive theories, closing arguments, and voir dire. Schmutz, 440 S.W.3d at 39-40

(discussing harm analysis in the context of statutory venue error).

“Evidence of a crime, wrong, or other act is not admissible to prove a person’s

character in order to show that on a particular occasion the person acted in

accordance with the character.” Tex. R. Evid. 404(b)(1). Rule 404(b) codifies the

common-law principle that a defendant should be tried only for the offense for which

he is charged and not for other extraneous conduct. Rogers v. State, 853 S.W.2d 29,

32 n.3 (Tex. Crim. App. 1993); see also Segundo v. State, 270 S.W.3d 79, 87 (Tex.

Crim. App. 2008). “Rule 404(b) sets out an illustrative, not exhaustive, list of

exceptions to the prohibition against admitting evidence of extraneous offenses

including ‘proof of motive, opportunity, intent, preparation, plan, knowledge,

identity, or absence of mistake or accident.’” Daggett v. State, 187 S.W.3d 444, 451

n.13 (Tex. Crim. App. 2005) (quoting Tex. R. Evid. 404(b)) (emphasis omitted);

Prible v. State, 175 S.W.3d 724, 731 (Tex. Crim. App. 2005).

The Court of Criminal Appeals has explained that “‘Rule 404(b) is a rule of

inclusion rather than exclusion.’ The rule excludes only that evidence that is offered

31

(or will be used) solely for the purpose of proving bad character and hence conduct

in conformity with that bad character.” De La Paz, 279 S.W.3d at 343 (internal

citations omitted) (quoting United States v. Bowie, 232 F.3d 923, 929 (D.C. Cir.

2000) (discussing Fed. R. Evid. 404(b)) (other citation omitted).

“Whether extraneous offense evidence has relevance apart from character

conformity, as required by Rule 404(b), is a question for the trial court.” Moses v.

State, 105 S.W.3d 622, 627 (Tex. Crim. App. 2003). Texas courts utilize a two-step

analysis for determining the admissibility of extraneous offenses or uncharged acts.

Rogers, 853 S.W.2d at 32-33. Courts determine first whether the evidence is relevant

to a material issue in the case and second whether the relevant evidence should be

admitted as an exception to Rule 404(b). Id. The trial court’s Rule 404(b) ruling

admitting evidence is generally within the zone of reasonable disagreement “if there

is evidence supporting that an extraneous transaction is relevant to a material, nonpropensity issue.” Devoe v. State, 354 S.W.3d 457, 469 (Tex. Crim. App. 2011)

(citations omitted).

Even if evidence is admissible under Rule 404(b), it may still be inadmissible

under Rule 403 if its probative value is substantially outweighed by the danger of

unfair prejudice, confusion of the issues, misleading the jury, considerations of

undue delay, or needless presentation of cumulative evidence. Casey, 215 S.W.3d at

879; see also Tex. R. Evid. 403. Rule 403 favors the admission of relevant evidence

32

and carries a presumption that relevant evidence is more probative than prejudicial.

Jones v. State, 944 S.W.2d 642, 652 (Tex. Crim. App. 1996). Unfair prejudice does

not mean simply that the evidence injures the opponent’s case. Rogers v. State, 991

S.W.2d 263, 266 (Tex. Crim. App. 1999) (citation omitted). “Rather[,] it refers to

‘an undue tendency to suggest decision on an improper basis, commonly, though not

necessarily, an emotional one.’” Id. (quoting Cohn v. State, 849 S.W.2d 817, 820

(Tex. Crim. App. 1993)).

In the extraneous conduct context, the “Rule 403 balancing test includes

the following factors”:

(1) how compellingly the extraneous offense evidence serves to make

a fact of consequence more or less probable—a factor which is related

to the strength of the evidence presented by the proponent to show the

defendant in fact committed the extraneous offense;

(2) the potential the other offense evidence has to impress the jury “in

some irrational but nevertheless indelible way;”

(3) the time the proponent will need to develop the evidence, during

which the jury will be distracted from consideration of the indicted

offense; and

(4) the force of the proponent’s need for this evidence to prove a fact of

consequence, i.e., does the proponent have other probative evidence

available to him to help establish this fact, and is this fact related to an

issue in dispute.

Irsan v. State, 708 S.W.3d 584, 617 (Tex. Crim. App. 2025) (quoting De La Paz,

279 S.W.3d at 348-49).

33

The trial court is presumed to have engaged in the required balancing test

under Rule 403 once a party objects on the ground of Rule 403 and the trial court

rules on the objection, unless the record indicates otherwise. See Williams v. State,

958 S.W.2d 186, 195-96 (Tex. Crim. App. 1997). The opponent of the evidence, in

this case Menard, has the burden of demonstrating that the prejudicial effect of the

evidence substantially outweighed its probative value. See Montgomery, 810 S.W.2d

at 377.

Before Burch’s testimony, defense counsel approached the bench and

objected to Burch’s testimony under “all the 4s. It’s not relevant. It’s not -- it’s

character evidence. It’s specific instances of conduct. So, that’s 405. I mean, it’s --I’m objecting -- and then under 38.36. It doesn’t get the exception under 38.36,

which covers this relationship, not that one, unlike 38.37.” In response, the State

argued that Burch’s testimony demonstrated “[i]dentity and plan.” Specifically the

State argued the following.

Ms. Burch is going to be able to testify because she had a significant

relationship [with Menard]. She shares two children with the defendant.

She can testify as to when things went bad. He hacked into her social

media accounts, pretended to be her to communicate with other people

as her. He locked her out of her accounts. He was physically abusive,

included choking her to the point where she almost died and -- which

goes to this under 404(b)(2), permitted uses for crimes, wrongs or other

acts, intent, opportunity, motive, knowledge that he does know how to

do these things. We believe it is permitted use under 404(b).

34

The State also argued that in “appropriate cases extraneous offenses may be

admitted under the doctrine of chances to show […] the defendant intentionally

committed a similar offense.” The defense responded that the evidence was

inadmissible under Rule of Evidence 404(b) as character evidence offered to prove

Menard acted in conformity therewith and under Rule 403 as unduly prejudicial. The

trial court overruled the objections and admitted the testimony, explaining that the

evidence was relevant to the testimony that Kim probably died due to asphyxiation

which “makes this more relevant than it probably would have been without it in my

opinion[.]” The court gave a limiting instruction to the jury prior to the testimony,

and the jury charge also included a limiting instruction concerning extraneous

conduct evidence.

Welke testified Kim probably died by asphyxiation. There was evidence that

Kim’s social media accounts were being accessed, and Mother did not believe that

Kim was the author because the messages seemed suspicious and out of character

for Kim. Burch testified about her relationship with Menard, indicating that he was

abusive and falsely accused her of cheating. She recalled that there were several

instances of Menard choking her, including when she was pregnant, during which

she lost consciousness and thought she would die. She also testified that Menard

hacked into her social media accounts. Whether the similarities between the

relationships and occurrences were “sufficiently distinctive to qualify as an

35

exception to the general rule precluding the admission of extraneous-offense

evidence[]” was within the zone of reasonable disagreement. See Martin v. State,

173 S.W.3d 463, 468 (Tex. Crim. App. 2005); Powell v. State, 63 S.W.3d 435, 438

(Tex. Crim. App. 2001). The trial court could have reasonably decided that the

extraneous conduct evidence tended to show Menard previously engaged in conduct

sufficiently similar to that which was alleged in this case that it tended to show

identity, intent, motive or lack of accident, and had probative value other than a

tendency to show that Menard acted in conformity with a character trait. See Powell,

63 S.W.3d at 438.

The record before us does not affirmatively show that the trial court refused

to conduct a Rule 403 balancing test. Rather, the trial court overruled the Rule 403

objection, and we presume the trial court engaged in a balancing test before the court

ruled. See Williams, 958 S.W.2d at 195-96. Rule 403 favors the admission of

relevant evidence, and relevant evidence carries a presumption that it is more

probative than prejudicial. Id. at 196. It was Menard’s burden to demonstrate that

the probative value of the evidence was substantially outweighed by the risk of unfair

prejudice. See Montgomery, 810 S.W.2d at 377. We conclude Menard failed to

satisfy this burden and overcome the presumption.

Given the similarities noted above, the trial court may have reasonably

concluded Burch’s testimony was compellingly probative on the issues of identity,

36

intent, motive or absence of accident, outweighing the potential for the jury to be

impressed in an “irrational” and “indelible” way. The testimony did not take much

time to develop; Burch’s testimony comprises seven pages of the record. The trial

court may have also reasonably concluded that the State needed Burch’s testimony

in light of Welke’s lack of certainty—due to the condition of the body—that Kim

died of asphyxiation, and to rebut Menard’s defensive theories including lack of

identity, intent and motive.

Finally, even assuming the trial court erred in overruling Menard’s objections,

we will not reverse the judgment if the error was harmless. See Tex. R. App. P.

44.2(b). In addition to hearing Moia’s testimony that he helped Menard dispose of

Kim’s body in Louisiana, the jury also heard testimony regarding location and cell

phone data collected from Menard and Kim’s phones that place them together and

place Menard in Louisiana. The trial court also gave a limiting instruction, and we

presume that the jury followed this instruction. See Gamboa v. State, 296 S.W.3d

574, 580 (Tex. Crim. App. 2009). We conclude any error in admitting Burch’s

testimony did not affect a substantial right of Menard, and any such error must be

disregarded. See id.; Taylor v. State, 268 S.W.3d 571, 592 (Tex. Crim. App. 2008)

(citation omitted). We overrule Menard’s final issue on appeal.

37

Conclusion

Having overruled all of Menard’s issues on appeal, we affirm the trial court’s

judgment.

AFFIRMED.

KENT CHAMBERS

Justice

Submitted on May 29, 2026

Opinion Delivered September 30, 2026

Do Not Publish

Before Golemon, C.J., Wright and Chambers, JJ.

38