In Bryant v. State, 905 S.W.2d 457, 457 (Tex. App.--Waco 1995, pet. ref'd), the defendant, Bryant, approached a local county commissioner on a roadside during a road repair operation in the area. The county road in front of Bryant's home was in poor condition. Id. Bryant was "angry" because an ambulance, which had recently come to take Bryant's mother to the hospital after she suffered a heart attack, was delayed almost an hour due to the road's condition. Id. When the commissioner responded to Bryant's complaint with the comment, "I ain't no ambulance driver," Bryant "jumped out of his vehicle" and went towards the commissioner, who was seated in another vehicle. Id. at 458. Bryant stated to him that if he did not grade the road in front of Bryant's house, he was going to "kick his god damn ass." Id. The commissioner believed that Bryant was going to attack him and said that, during the confrontation, he was in fear of imminent serious bodily injury. Id. Members of the commissioner's road crew also witnessed the incident and testified that they believed Bryant was going to attack the commissioner at that time. Id. They described Bryant as yelling at the commissioner in a loud voice and pointing his finger in his face. Id. Because of the procedural history of the case, the court of appeals considered whether the evidence was legally sufficient to support a finding of guilt under the following jury charge: "NOW, THEREFORE, if you find and believe from the evidence beyond a reasonable doubt that Bryant . . . did then and there intentionally threaten to commit an offense involving violence to the commissioner namely, by stating to him that if he did not grade the road in front of Bryant's house that he was going to kick his god damn ass, with intent to place the commissioner in fear of imminent serious bodily injury, you will find Bryant guilty of Count Two of the Information herein as charged." Id. In light of the jury charge, the court of appeals stated that there was no evidence from which the jury could rationally infer from Bryant's words, acts, or conduct that the threatened harm was impending or in close proximity to the confrontation. Id. at 460. "Restating Bryant's threat in the vernacular of the parties, as embodied in count two, Bryant's threat was this: 'I'm going to kick your god damn ass in the future if you don't grade my road in the future.'" Id. The court held that there was legally insufficient evidence that Bryant acted with the specific intent to place the commissioner in fear of imminent serious bodily injury. Id. at 459-60.