I have a case going to jury next week--"Assault on a Disabled Person" (family violence). He hits her, pushes her from a car, etc. Case gets set on my jury docket. Defendant gets out on bond. While he is out on bond, he goes into my victims apartment, drunk. Refuses to leave. Victim gets two guys to force D out of apartment. He then breaks into her apartment through a window and has a steak knife. I don't know that any verbal threat was made, but again D refuses to leave. Cops arrive and he is arrested for criminal trespass. He pleads to the criminal trsp. Final conviction. I raise the bond, he is set for trial next week.

My question is... is there any way to get this subsequent act admitted in my case in chief? I don't know that I can get it to fit into a 404(b) exception, but it just seems like the kind of thing that should come in. I just wanted to get some input to make sure I haven't missed a way to get it in�

Depending on your facts, could it be admissible to show defendant's intent to hurt this victim or to possibly cause the victim to recant before trial (which could be retaliation, right?).

First, couldn't the defendant have been charged with burglary-assault for breaking in and threatening the victim with a knife?

Second, if you could show that his purpose was to intimidate a witness, then it should be admissible as showing a consciousness of guilt. Peoples v. State,
874 S.W.2d 804, 809 (Tex.App. - Fort Worth 1994, pet. ref'd); Torres v. State, 794 S.W.2d 596, 599 (Tex.App. - Austin 1990, no pet.).

Yes--he could have and he SHOULD have! I didn't find out about the incident until the afternoon after the county attorney had pled it to crim. trsp. The downside of having different offices for misdmeanors...

The fact that the extraneous conduct occurred after the acts constituting the offense on trial does not render the evidence inadmissible under Rule 404(b). See Torres v. State, 794 S.W.2d 596 (Tex. App.-Austin 1990, no pet.) and Powell v. State, 5 S.W.3d 369, 383 (Tex. App. 1999).