Chatmon v. United States

801 A.2d 92, 2002 D.C. App. LEXIS 359, 2002 WL 1378597
CourtDistrict of Columbia Court of Appeals
DecidedJune 27, 2002
Docket96-CF-979, 98-CO-1445
StatusPublished
Cited by40 cases

This text of 801 A.2d 92 (Chatmon v. United States) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chatmon v. United States, 801 A.2d 92, 2002 D.C. App. LEXIS 359, 2002 WL 1378597 (D.C. 2002).

Opinions

RUIZ, Associate Judge:

After a jury found him guilty of armed robbery1 and first-degree felony murder while armed,2 appellant received concurrent sentences of incarceration of fifteen years to life for armed robbery and thirty [95]*95years to life for felony murder while armed,3 concurrent with any other sentences.4

Appellant contends in his direct appeal that the prosecutor’s rebuttal argument was improper and that the resulting prejudice requires reversal of his convictions. In his appeal from the trial court’s denial of his post-trial claim that his counsel was constitutionally ineffective, appellant contends that counsel precipitated the introduction of an extremely damaging eyewitness identification and failed to object to either the introduction of graphic color autopsy photographs of the murder victim, or, more importantly, the prosecutor’s use of those photographs in conjunction with improper statements during rebuttal argument.

We agree with the trial court that the prosecutor’s conduct in needlessly displaying gory photographs of the decedent coupled with his charged contemporaneous statements to the jury during rebuttal argument was improper, and that defense counsel should have objected. We also conclude that defense counsel’s questioning introduced an identification of appellant as the shooter, which had been excluded by agreement in limine, that significantly strengthened the government’s case, constituting ineffective assistance of counsel under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). We therefore reverse and remand for a new trial.5

I. Facts

Kevin McGill, who also participated in the crime, was the central government witness at trial. He had entered a plea of guilty to second-degree murder while armed, and as part of his plea agreement, agreed to testify against appellant.

McGill testified that on the morning of July 9, 1993, appellant pulled up to a recreation center in a gray Honda Accord and told McGill that he had a “sweet” place to rob, and asked McGill if he wanted in on the robbery. McGill agreed. They drove to The Corner Market, a convenience store at 1499 Howard Road, SE, owned by Henry Choi. That morning Kwang Ahn, a friend of Choi, had gone to the store to meet Choi for a game of golf. Ahn helped serve customers while they waited for Choi’s wife to come to the store so they could leave for them golf game.

McGill testified that he went into the store first, followed by appellant, who was carrying a shotgun. Two customers were in the store at the time, both of whom saw appellant with the gun, but they continued making their purchases. McGill got into the line as if to make a purchase. As customers were still in the store, McGill assumed the robbery was called off and began to walk out. McGill then heard a “pop,” turned, and saw Ahn holding his stomach and falling to the floor while appellant stood three to four feet from where [96]*96Ahn had fallen.6 McGill did not actually see appellant fire the gun because his back was turned and he was almost to the door when it went off. According to McGill, appellant told him that he shot Aim because he tried to grab the gun away from him.

The two men then ran to the cash registers which were located behind bulletproof glass at the back of the store. Appellant pointed the gun at Choi while McGill took approximately $500 from the till. McGill left the store, followed by appellant, and the two got into the Honda and drove up the hill and over to Bowen Road. They divided the $500 and parted. McGill testified that he drove the Honda after the robbery, but gave a confusing account of who had driven to the store originally and who had the keys to the car.

McGill told the police detectives investigating the case that the gun used in the murder, the “neighborhood gun,” was stored in a rooming house on Bowen Road where appellant “hung out.” McGill admitted that he was quite familiar with the gun, knew where it was stored, and had held, carried, and fired it before the robbery. Based on McGill’s information, the police obtained a warrant and recovered the shotgun from a kitchen cabinet at the rooming house. McGill identified the shotgun as the one appellant used in the robbery. Evidence retrieved from the shotgun was “consistent” with a round of live ammunition and shotgun wadding found at the crime scene as well as shotgun pellets recovered from the decedent’s body during the autopsy. No fingerprints were recovered, however, and no scientific or technical evidence conclusively linked the shotgun found in the rooming house to the gun used in the crime.

Choi testified at trial that he was in the back of the store on the telephone with his wife when he noticed a customer come into the store and heard the boom of a shotgun. He then saw the gun pointed at him and two men running toward him who took money out of two cash registers. As they left, Choi followed them out of the back part of the store and he saw his friend on the floor. After he called 911, Choi ran outside the store in time to see a car pulling away and heading up the hill.

Choi further testified at trial that he would not recognize the individuals who robbed his store and shot his friend, but gave a general description: both men were black, the man who held the gun had shoulders that were “a little bit broad” hair a “little bit” long, and weighed more; the other was shorter and had narrower shoulders.

Michael Walker, who had lived across the street from the store for about twelve years, testified that from his house he could see the front door of Choi’s store. On the morning of the robbery, he was on the telephone in an upstairs room at the front of the house and noticed that the store was busy, but that eventually traffic slowed down. He saw a brown-skinned, male teenager of medium build standing in front of the store who “kept turning around [and] looking back and forth,” which made Walker suspicious. The young man looked into the store, then walked around the corner out of view, and returned carrying what appeared to be a rifle. Walker called 911 to report a robbery in progress, and while still on the phone, heard a “boom” and told the operator that he thought someone had been shot. A few seconds later, Walker saw [97]*97two black teenagers ran from the store; the one who had carried the gun into the store ran out first, but without the gun, and the other followed carrying the gun Walker had previously seen. The two ran around the corner of the building, and soon after, Walker saw a Honda with tinted windows speeding out of the store parking lot and making a right hand turn on Howard Road. Walker could not identify the two men.

Detective Roderick Wheeler of the Metropolitan Police Department testified that appellant was first interviewed on July 13, 1993, four days after the shooting, but was not then a suspect in the killing. The government introduced a written statement that appellant gave to the police on that day. Appellant said that he had seen McGill on the morning of July 9th, but that McGill drove off without speaking to him, and appellant went back to sleep until 11:45 a.m.

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Cite This Page — Counsel Stack

Bluebook (online)
801 A.2d 92, 2002 D.C. App. LEXIS 359, 2002 WL 1378597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chatmon-v-united-states-dc-2002.