Charles Ray McCollum a/k/a Charles McCollum, Jr. a/k/a Charles Ray McCullum v. State of Mississippi

CourtMississippi Supreme Court
DecidedSeptember 7, 2023
Docket2021-KA-01276-SCT
StatusPublished

This text of Charles Ray McCollum a/k/a Charles McCollum, Jr. a/k/a Charles Ray McCullum v. State of Mississippi (Charles Ray McCollum a/k/a Charles McCollum, Jr. a/k/a Charles Ray McCullum v. State of Mississippi) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Charles Ray McCollum a/k/a Charles McCollum, Jr. a/k/a Charles Ray McCullum v. State of Mississippi, (Mich. 2023).

Opinion

IN THE SUPREME COURT OF MISSISSIPPI

NO. 2021-KA-01276-SCT

CHARLES RAY McCOLLUM a/k/a CHARLES McCOLLUM, JR. a/k/a CHARLES RAY McCULLUM

v.

STATE OF MISSISSIPPI

DATE OF JUDGMENT: 10/20/2021 TRIAL JUDGE: HON. STANLEY ALEX SOREY TRIAL COURT ATTORNEYS: MEGAN STUARD THORNTON WADE THOMAS UNDERWOOD CHRISTINA HOPSON HOLCOMB CHRISTOPHER DOUGLAS HENNIS WILLIAM KANNAN STUBBS W. TERRELL STUBBS COURT FROM WHICH APPEALED: SIMPSON COUNTY CIRCUIT COURT ATTORNEYS FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: GEORGE T. HOLMES HUNTER NOLAN AIKENS ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: ALEXANDRA LEBRON DISTRICT ATTORNEY: CHRISTOPHER DOUGLAS HENNIS NATURE OF THE CASE: CRIMINAL - FELONY DISPOSITION: AFFIRMED - 09/07/2023 MOTION FOR REHEARING FILED:

EN BANC.

COLEMAN, JUSTICE, FOR THE COURT:

¶1. A Simpson County jury convicted Charles Ray McCollum of one count of grand

larceny for stealing several items from property owned by Brian Mangum. He appeals,

claiming the trial court erred by refusing to suppress evidence obtained from the search of his residence, allowing prejudicial hearsay, and denying McCollum’s motion for a mistrial.

Finding no error, we affirm.

FACTS AND PROCEDURAL HISTORY

¶2. Brian Mangum owned property located at 1713 Highway 541, Magee, Mississippi,

that contained a house and shed. He had inherited the property from his grandparents and

did not reside there. Mangum kept cattle on the property and generally checked on his cattle

each day. Mangum testified that, on or around October 14, 2019, he visited the property to

check on his cattle and noticed that both the back door of the house and the door to his shop

were open. Mangum then contacted the Simpson County Sheriff’s Office.

¶3. Lieutenant Investigator Leon Wedgeworth, an investigator with the Simpson County

Sheriff’s Office at that time, testified that when he arrived at the property, he observed a

broken window in the back of the house and red paint on the window sill. Mangum reported

that a red ox yoke was missing from the house. Mangum also identified as missing from the

house a washing machine and television set. Investigator Wedgeworth next testified that the

latch and locking mechanism on the shed had been broken off. He determined that an air

compressor, tool boxes containing tools, and an arc welder were missing from the shed.

¶4. After Investigator Wedgeworth left the property, Mangum testified that he installed

a cellular trail camera on a car shed located in between the house and the shop. The trail

camera could detect motion and send real-time pictures to an app on Mangum’s cell phone.

On October 15, 2019, at approximately 2:00 p.m., the trail camera transmitted a picture of

a blue pickup truck with a “Vote for Toxi Allen” sticker located on the driver’s side.

2 Mangum stated that the trail camera transmitted a picture of the truck leaving the property

a short time later and that the passenger side door handle of the truck had contained duct

tape.

¶5. On October 16, 2019, Investigator Wedgeworth met Mangum at L&D Scrap, where

they identified items that belonged to Mangum. Investigator Wedgeworth testified that he

had also obtained from L&D Scrap scale purchase tickets dated October 15, 2019. The

recipient on the tickets was listed as McCollum, and a copy of his driver’s license was

attached. The scale purchase tickets were marked for identification purposes and were not

entered into evidence at that time.

¶6. Investigator Wedgeworth testified that the sheriff’s office had “had several thefts

throughout the county in that area.” He stated that McCollum had been identified as a

suspect in those thefts. Also on October 16, Investigator Wedgeworth instructed dispatch

to search the National Crime Information Center (NCIC) for McCollum’s driver’s license

and vehicle tag information. Investigator Wedgeworth testified that the tag number listed on

NCIC for McCollum matched the tag number of the vehicle that the sheriff’s office had

identified as belonging to McCollum. Over defense counsel’s objection, the NCIC report was

admitted into evidence with the words “Vehicle Used” handwritten at the top of the report.

Investigator Wedgeworth testified that he had written the words “Vehicle Used” on the NCIC

report because “[t]hat vehicle was identified when we used the database LeadsOnline as

selling scrap to scrap yards.” In a proffer, Investigator Wedgeworth explained that scrap

3 yards and pawnshops report items that they purchase to LeadsOnline. See LeadsOnline,

https://www.leadsonline.com/main/law-enforcement.php (last visited May 11, 2023).

¶7. Mangum testified that, on October 18, 2019, the trail camera again transmitted

pictures of the blue pickup truck, and he proceeded to the property at that time. Mangum

also notified the sheriff’s department that the pickup truck was back on the property.

Mangum testified that, when he arrived on the property, he observed the blue pickup truck

at the edge of the woods and that the pickup truck had the same “Vote for Toxi Allen” sticker

on the driver’s side and that the door handle was “messed up on the passenger side.”

Mangum, who knew McCollum most of his life, then watched McCollum walk out of the

woods toward him. Mangum testified that McCollum told him that he had been gathering

acorns in the woods. Mangum held McCollum at gunpoint until law enforcement arrived.

Investigator Wedgeworth testified that when he arrived at the property, he identified and

arrested McCollum.

¶8. Investigator Wedgeworth filed an application for a search warrant for McCollum’s

residence. In the search warrant affidavit, Investigator Wedgeworth wrote, inter alia, that

the “[t]he vehicle bearing Mississippi tag CV1-3557 was identified as the vehicle used in the

crime. The vehicle was on camera during the commission of the crime.” McCollum filed

a motion to suppress the search warrant and argued that the affidavit had contained

misleading and false statements to establish probable cause, but the trial court never ruled

on McCollum’s motion.

4 ¶9. Investigator Wedgeworth testified that, the day the sheriff’s office executed the search

warrant, he had called Mangum and described items as he walked through McCollum’s

residence. The sheriff’s office recovered the following items that Mangum had reported as

stolen: a black toolbox; a black and yellow Stanley toolbox; an arc welding machine; a

generator; a hand carved red ox yoke; a washing machine; and a Sanyo television set. At

trial, Mangum identified the items as his.

¶10. During Investigator Wedgeworth’s testimony, the State requested to approach the

bench. It was determined that a witness for the State, Patsy Harper, who was an employee

of L&D Scrap, had entered the courtroom without the knowledge of the trial judge or any of

the attorneys. Because the sequestration rule had been invoked, defense counsel moved for

a mistrial. See Miss. R. Evid. 615. The trial court determined that Harper had been in the

courtroom inadvertently; therefore, the trial court denied defense counsel’s motion for a

mistrial but ruled that Harper would not be allowed to testify. Defense counsel expressed

concerns that the contents of the scrap purchase tickets had been testified to and requested

that the trial court instruct the jury to disregard any testimony involving that evidence. The

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Charles Ray McCollum a/k/a Charles McCollum, Jr. a/k/a Charles Ray McCullum v. State of Mississippi, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charles-ray-mccollum-aka-charles-mccollum-jr-aka-charles-ray-mccullum-miss-2023.