Adams v. State

33 So. 3d 1179, 2010 Miss. App. LEXIS 207, 2010 WL 1664938
CourtCourt of Appeals of Mississippi
DecidedApril 27, 2010
Docket2008-KA-01615-COA
StatusPublished

This text of 33 So. 3d 1179 (Adams v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adams v. State, 33 So. 3d 1179, 2010 Miss. App. LEXIS 207, 2010 WL 1664938 (Mich. Ct. App. 2010).

Opinion

ROBERTS, J., for the Court:

¶ 1. Anthony Adams was convicted in the Circuit Court of Covington County for attempting to cause or purposely or knowingly causing bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm, in violation of Mississippi Code Annotated section 97-3-7(2) (Supp.2009). Adams was subsequently sentenced to seventeen years in the custody of the Mississippi Department of Corrections. Adams now appeals and raises the following issue:

WHETHER THE TRIAL COURT ERRED IN OVERRULING ADAMS’S MOTION FOR A DIRECTED VERDICT DUE TO INSUFFICIENT EVIDENCE TO PROVE AN ESSENTIAL ELEMENT OF THE CRIME

Finding no error, we affirm.

FACTS AND PROCEDURAL HISTORY

¶2. Officer Cindy Hall responded to a call at apartment 21 at the Collins Apartments, and upon her arrival, she found a woman screaming. After entering the apartment, Officer Hall found Derrick Lockett lying on the floor, bleeding, and gurgling in his own blood. Lockett was lying underneath a fallen entertainment rack. Officer Hall testified to the surroundings of the apartment through use of photographs including: the damage made to the entry door and frame; the chair Dorothy Fairly used to block the door; and the shooting victim lying on the blood-soaked floor. 1

¶ 3. Officer Eric Banks also received a call to respond to a shooting at apartment 21 at the Collins Apartments. Officer Banks’s report reflects that Adams allegedly shot Lockett. Officer Banks testified regarding the search he and other police officers performed to locate Adams, but he testified that Adams was not located until November 27, 2006, sixteen days after the shooting had occurred.

*1181 ¶ 4. Lockett, the shooting victim, testified regarding the events of November 11, 2006, and the events that led up to the shooting. Lockett met Fairly approximately one week before the shooting when he went to Collins, Mississippi for the first time. Lockett was later asked by Fairly and her sister if he would come to Collins again on November 11, 2006.

¶ 5. On the evening that Lockett went to Collins, at the request of Fairly and her sister, he attended a party with Fairly. After the party, they returned to Fairly’s apartment. It was approximately 2:30 a.m. or 3:00 a.m. when Lockett heard two “big booms,” the second of which got him out of bed. Lockett testified that:

By then, the door flew open in the bedroom, and I was actually bending over putting my boxers on and did not have time, and I seen (sic) the defendant right here, Anthony Adams, run (sic) through the door with a gun pointing at it. And ... when he attacked me with the gun, I put my hand up and blocked the first, because I guess he was going to try to pistol whip me and I blocked it. And he shoved me. When he pushed me, I went back into the bed. And then I got shot, you know. And when I got shot, I dropped to my knees. And when I dropped to my knees, I touched my side and I said, you shot me. And then he’s trying to pull the trigger again, and supposedly, I guess it jammed on him or, you know, whatever, and then he took off with it, you know running.

¶ 6. Lockett testified that he has never owned a weapon of any sort, and he did not have a gun on the night he was shot. Lockett also stated that he incurred serious injuries from the gun wound, and although he underwent several surgeries, he still suffers from kidney and liver injuries.

¶ 7. Adams took the stand as the sole witness on his behalf. Adams first testified that he was living in apartment 21 at the Collins Apartments with Fairly and their two-month-old daughter. However, Adams later testified that he was living with his mother; but he still had a key to Fairly’s apartment, which he used to gained access to the apartment on the night of November 11, 2006. Though he denied being broken up with Fairly at the time, he did testify that he was staying at his mother’s house rather than the apartment he had shared with Fairly for three years, because things had recently changed between them. Upon his arrival at Fairly’s apartment, Adams testified that he saw a bathroom light on. Adams went to the bedroom door, and he saw a naked man, who turned out to be Lockett, running at him with a gun. Adams testified he neither gave Lockett permission to be at his home, nor had he ever invited Lock-ett there before. Adams testified that he assumed Lockett had broken into his house. Adams proceeded to fight with Lockett over the gun, but after the gun went off, Adams fled from the scene.

¶ 8. Adams testified that he returned to his mother’s house after the tussle over the gun. He explained to his mother that there was a man in his apartment with a gun. He also stated Fairly and his child were nowhere to be found.

ANALYSIS

¶ 9. Adams contends he merely tried to pistol whip Lockett, not shoot him. Therefore, Adams argues the State failed to prove a significant element of the crime, by failing to prove that he knowingly and purposefully caused bodily injury to Lock-ett. However, “there is apparently no specific intent requirement” that the State is obligated to prove. McGowan v. State, 541 So.2d 1027, 1029 (Miss.1989). Indeed, merely proving that a defendant attempted to cause, or knowingly or purposefully did *1182 cause, bodily injury with a deadly weapon is sufficient to warrant a conviction for aggravated assault. Miss.Code Ann. § 97-3-7(2).

¶ 10. Our standard of review of a denial of a motion for a directed verdict is clear. If upon our review the evidence shows “beyond a reasonable doubt that [the] accused committed the act charged, and that he did so under such circumstances that every element of the offense existed,” then we will not hesitate to affirm a trial court’s denial of a motion for a directed verdict. Bush v. State, 895 So.2d 836, 843 (¶ 16) (Miss.2005) (quoting Carr v. State, 208 So.2d 886, 889 (Miss.1968)). The question is not whether this Court believes that the evidence is sufficient to support the defendant’s conviction, but whether “after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Id. (quoting Jackson v. Virginia, 443 U.S. 307, 315, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979)).

¶ 11. Pursuant section 97-3-7(2), “[a] person is guilty of aggravated assault if he ... b) attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm[.]” As stated in Russell v. State, 924 So.2d 604, 609 (¶ 9) (Miss.Ct.App.2006), in order to meet its burden of proof, the State must prove beyond a reasonable doubt that the defendant purposely or knowingly caused or attempted to cause “bodily injury” to another with a deadly weapon. On the night in question, the evidence shows that Adams shot Lockett after a tussle over the gun had transpired.

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Related

Jackson v. Virginia
443 U.S. 307 (Supreme Court, 1979)
McGowan v. State
541 So. 2d 1027 (Mississippi Supreme Court, 1989)
Bush v. State
895 So. 2d 836 (Mississippi Supreme Court, 2005)
Jenkins v. State
913 So. 2d 1044 (Court of Appeals of Mississippi, 2005)
Carr v. State
208 So. 2d 886 (Mississippi Supreme Court, 1968)
Payton v. State
897 So. 2d 921 (Mississippi Supreme Court, 2003)
Russell v. State
924 So. 2d 604 (Court of Appeals of Mississippi, 2006)

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Bluebook (online)
33 So. 3d 1179, 2010 Miss. App. LEXIS 207, 2010 WL 1664938, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-state-missctapp-2010.