Waco, TX – A man convicted of evading arrest during a high-speed chase has won a new trial after an appellate court ruled that the trial judge improperly blocked a potential defense. The ruling, handed down by the 10th Court of Appeals in Waco, reversed the conviction of Qualon Deshon Weaver, who had been sentenced to 40 years in prison.
Weaver’s defense team argued that he fled from a Woodway police officer in November 2019 due to a deep-seated fear of law enforcement, a fear rooted in a 2016 incident where he was the victim of police brutality. Weaver, who was choked by former Waco police officer George Neville during an arrest, claimed that his fear of police officers, especially at night, led him to flee.
Weaver’s attorney, David Hudson, requested that the jury be instructed on the “necessity defense,” which allows a defendant to argue that their actions were necessary to avoid imminent harm. Hudson contended that Weaver believed he was in immediate danger when he saw the officer approaching his vehicle. However, the trial judge, 54th State District Judge Susan Kelly, overruled the request and excluded the necessity defense from the jury instructions.
The appellate court, in a decision written by Justice Steve Smith, concluded that Judge Kelly had abused her discretion by rejecting the defense request. The court stated that, without the necessity defense, the jury had no opportunity to acquit Weaver, despite his admission that he fled from the police. The court also determined that Weaver had suffered harm from the omission of the necessity defense in the trial.
In its 11-page opinion, the court emphasized the importance of allowing the jury to weigh whether Weaver’s actions were justified due to his fear of harm, given the history of police brutality he had experienced. The ruling marks a significant legal development for cases involving claims of fear as a justification for criminal actions.
The prosecution, led by McLennan County First Assistant District Attorney Ryan Calvert, is now considering whether to file an appeal with the Texas Court of Criminal Appeals. In response to the ruling, Calvert noted that the office was evaluating the legal grounds for a potential challenge.
Weaver’s 2019 encounter with law enforcement began when Officer Christopher Marek of the Woodway Police Department recognized him while Weaver was driving a friend’s car. Marek had run a check on Weaver’s license and discovered that he had no valid driver’s license, and the car was uninsured. After pulling Weaver over, the officer attempted to approach the vehicle, but Weaver sped off, initiating a high-speed chase that reached speeds of up to 90 miles per hour. The chase ended when Weaver crashed the car into a tree. During his arrest, officers discovered nearly $13,000 in cash, drug paraphernalia, and marijuana residue.
Weaver, whose criminal history includes prior convictions for sexual assault, felony drug possession, and involvement in drug trafficking, faced serious charges in the case. The cash found on his person was later forfeited to the state after he did not respond to a seizure notice.
Despite the reversal of his conviction, Weaver’s legal battle is far from over. The new trial will give both the defense and prosecution another opportunity to present their cases, this time with the potential inclusion of the necessity defense in the jury instructions. The outcome of this case could have broader implications for future trials involving similar claims of fear or justification for criminal conduct.
