## Facts

- William Gordon, a Harris County deputy sheriff, was charged with violating a prisoner’s civil rights under former Texas Penal Code § 39.021(b) after the prisoner, 17-year-old Steven Barnette, later died.
- Evidence at trial described Barnette being questioned while in custody; witnesses testified Gordon jerked Barnette’s head by his hair.
- Barnette, handcuffed, was taken with other officers to a wooded area for further questioning; testimony indicated another officer beat Barnette while Gordon was present.
- A jury convicted Gordon only of the basic third-degree felony version of the offense, and assessed five years’ confinement and a $2,000 fine, both probated.
- As a probation condition, the trial court ordered restitution of up to $4,000 to Barnette’s family for funeral expenses; an intermediate appellate court affirmed.

## Issues

1. Whether a trial court may order restitution for a victim’s funeral expenses as a condition of probation when the jury convicted the defendant only of the basic offense level, and did not find the harm element (death) that would statutorily elevate the offense.
2. Whether imposing death-based restitution in that posture conflicts with the statutory grading scheme and the jury’s verdict.

## Decision

- The Texas Court of Criminal Appeals affirmed the conviction for the third-degree offense.
- The court reversed the probation condition requiring up to $4,000 in restitution for funeral expenses.
- The case was remanded for proceedings consistent with the opinion, including revision of probation conditions.

## Legal Principles

- Probation conditions, including restitution, must be authorized by statute and must be consistent with the offense of conviction as determined by the jury’s verdict.
- Where a statute grades an offense based on resulting harm (e.g., serious bodily injury or death), a court may not effectively impose punishment consequences premised on a higher harm level that the jury did not find.
- Restitution must bear a reasonable relationship to the offense of conviction and to losses legally attributable within the framework of the jury’s findings and the statutory elements.

## Conclusion

Because the jury convicted Gordon only of the basic third-degree offense and did not convict on the statutorily enhanced “if death occurs” form, the trial court lacked authority to order funeral-expense restitution as a probation condition based on the victim’s death.


Gordon v. State, 707 S.W.2d 626 (Tex. Crim. App. 1986) (en banc)