Foley v. State, 10-24-00244-CR, March 12, 2026.
On appeal from 82nd District Court of Robertson County, Texas.
Synopsis
The Tenth Court of Appeals affirmed a conviction for failure to stop and render aid, holding that Texas Transportation Code § 550.021 does not require the State to prove a driver had subjective knowledge that they struck a human being. The court clarified that the culpable mental state is satisfied if the driver knew an accident occurred and the circumstances were such that it was “reasonably likely” to result in injury or death.
Relevance to Family Law
While Foley arises from a criminal prosecution, its interpretation of “knowledge” and “reasonable likelihood” has significant implications for family law practitioners, particularly in high-conflict divorces and SAPCR (Suit Affecting the Parent-Child Relationship) cases involving allegations of domestic violence or reckless endangerment. In the context of Texas Family Code § 153.004, where the court must consider evidence of a “history or pattern” of abuse or neglect, this ruling provides a strategic roadmap for proving a party’s “knowledge” of harm through circumstantial evidence. When a parent claims they “didn’t know” their conduct (such as a vehicular altercation or a “close call” during a custody exchange) caused injury or put a child in danger, Foley underscores that the legal standard is objective and rooted in the probability of harm, not the perpetrator’s self-serving denial of awareness.
Case Summary
Fact Summary
On November 2, 2020, Robert Dawson, Jr. was struck and killed by a vehicle while on a bicycle on Old Franklin Highway. The driver did not stop. Investigating officers found significant debris at the scene, including a bicycle seat, a front fender well, and a bumper piece identified as belonging to a Toyota Corolla. Forensic evidence eventually linked the debris and DNA found on the underside of a vehicle to Keandre Foley. Foley admitted to driving that evening but steadfastly denied hitting a person, claiming he was unaware of any such collision. The victim’s injuries were catastrophic, involving blunt force trauma to the skull and torso, and biological material was trailed for a significant distance down the roadway. Foley was convicted by a jury of the second-degree felony of failing to stop and render aid and sentenced to 12 years in prison.
Issues Decided
- Whether the evidence was legally sufficient to support a conviction for failure to stop and render aid under Texas Transportation Code § 550.021 when the defendant claims he lacked subjective knowledge that he struck a person.
Rules Applied
- Texas Transportation Code § 550.021: Requires a driver involved in an accident that results in, or is reasonably likely to result in, injury or death to immediately stop, return to the scene, and determine if aid is required.
- Culpable Mental State (The “Reasonably Likely” Standard): As established in Curry v. State, 622 S.W.3d 302 (Tex. Crim. App. 2019), the State must prove the driver knew an accident occurred and that the accident was “reasonably likely” to result in injury or death.
- Legal Sufficiency (Jackson v. Virginia): The court views all evidence in the light most favorable to the verdict to determine if any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.
- Hypothetically Correct Jury Charge (Malik v. State): Sufficiency is measured against the elements of the offense as defined by a hypothetically correct charge.
Application
The court’s analysis centered on the 2013 legislative amendments to the Transportation Code, which shifted the focus from a “black and white” line of subjective knowledge to a standard of probabilities. Foley argued that because it was dark and the road was poorly lit, he could not have known he struck a person. The Court of Appeals rejected this defense, noting that the State’s burden is not to prove Foley knew he hit a person, but rather that he knew an accident occurred and that the nature of that accident was reasonably likely to cause injury.
The court pointed to the “cumulative force” of the evidence: the extensive debris field, the catastrophic nature of the victim’s injuries (which suggested a violent impact), and the fact that a bicycle was left in the roadway. The court reasoned that a rational jury could infer that any driver hitting an object with enough force to tear a bumper and fender well from their car—while leaving a bicycle and a body in their wake—would necessarily know an accident occurred that was “reasonably likely” to have injured someone.
Holding
The court held that the evidence was sufficient to support the conviction. The State met its burden by proving Foley had knowledge of the circumstances surrounding his conduct—specifically, that he knew an accident occurred and that the severity of the impact made injury or death reasonably likely.
The court further held that subjective ignorance of the “object” struck is not a defense if the objective circumstances of the collision would lead a reasonable person to conclude that injury was probable. The trial court’s judgment was affirmed.
Practical Application
For family law litigators, the Foley decision is a potent tool in cases involving “vehicular family violence” or reckless conduct during possession and access:
- Defeating the “Accident” Defense: When a party uses a vehicle as a weapon or drives recklessly near a spouse or child, they often claim they “didn’t see” the victim or “didn’t think it was that serious.” Foley allows you to argue that the severity of the impact or the presence of debris creates a “reasonable likelihood” of injury that satisfies the knowledge requirement.
- Character and Fitness (SAPCR): A conviction or even the underlying facts of a “hit and run” can be used to establish a parent’s lack of judgment and disregard for human life, which is paramount in best-interest determinations.
- Impeachment and Credibility: If a party’s story in a temporary orders hearing contradicts the physical evidence of an accident (e.g., vehicle damage vs. a claim of “no impact”), Foley provides the appellate framework to argue that the trial court should disregard the party’s subjective claims in favor of objective “likelihood.”
Checklists
Proving Constructive Knowledge of Injury
- Assess Physical Debris: Identify vehicle parts (fender, bumper, glass) left at the scene that indicate the force of impact.
- Document Victim Placement: Establish where the victim or their property (bicycle, stroller, etc.) was located relative to the vehicle’s path.
- Analyze Vehicle Damage: Use photos of the defendant’s vehicle to show that the impact was significant enough to preclude a “no-knowledge” defense.
- Review Lighting and Road Conditions: Determine if a “reasonable driver” would have seen an obstruction, regardless of whether they identified it as a human being.
Weaponizing Criminal Conduct in Divorce/Custody
- Obtain the Accident Report: Use the CR-3 or investigative file to establish the “reasonable likelihood” of injury.
- Check for DNA/Forensics: As in Foley, biological evidence on the vehicle’s underside is dispositive of contact, even if the driver denies it.
- Identify Fault Grounds: Use a conviction or the underlying conduct to plead “Cruelty” as a ground for a disproportionate share of the community estate.
- Request Enjoined Conduct: Use the “reasonably likely to result in injury” standard to ask for injunctions against the party operating a motor vehicle with children present.
Citation
Foley v. State, ___ S.W.3d ___ (Tex. App.—Waco 2026, no pet.).
Full Opinion
Family Law Crossover
The “Crossover” utility of Foley lies in the lowering of the evidentiary bar for proving a “knowing” act of endangerment. In Texas, family courts are often hesitant to strip a parent of rights based on a single “accident.” However, Foley clarifies that a driver cannot hide behind a veil of perceived ignorance. If you are representing a spouse who was a victim of a “hit and run” during a domestic dispute, or if the other parent fled the scene of a crash with the children in the car, you no longer need to prove the offender intended to hurt them or even knew they were hurt. You only need to prove the offender knew an accident occurred and that the circumstances made injury “reasonably likely.” This objective standard is far easier to meet with forensic photos and police testimony, effectively “weaponizing” the Transportation Code to establish a history of conduct that endangers the physical health and safety of the child under Tex. Fam. Code § 153.004.
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