Connell Gray a/k/a Connell Gray, Jr. a/k/a Cornell Gray, Jr. v. State of Mississippi

CourtCourt of Appeals of Mississippi
DecidedMay 25, 2021
Docket2020-KA-00116-COA
StatusPublished

This text of Connell Gray a/k/a Connell Gray, Jr. a/k/a Cornell Gray, Jr. v. State of Mississippi (Connell Gray a/k/a Connell Gray, Jr. a/k/a Cornell Gray, Jr. v. State of Mississippi) 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
Connell Gray a/k/a Connell Gray, Jr. a/k/a Cornell Gray, Jr. v. State of Mississippi, (Mich. Ct. App. 2021).

Opinion

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI

NO. 2020-KA-00116-COA

CONNELL GRAY A/K/A CONNELL GRAY, JR. APPELLANT A/K/A CORNELL GRAY, JR.

v.

STATE OF MISSISSIPPI APPELLEE

DATE OF JUDGMENT: 12/16/2019 TRIAL JUDGE: HON. ALBERT B. SMITH III COURT FROM WHICH APPEALED: COAHOMA COUNTY CIRCUIT COURT ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: GEORGE T. HOLMES ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: ALLISON KAY HARTMAN DISTRICT ATTORNEY: BRENDA FAY MITCHELL NATURE OF THE CASE: CRIMINAL - FELONY DISPOSITION: AFFIRMED - 05/25/2021 MOTION FOR REHEARING FILED: MANDATE ISSUED:

BEFORE BARNES, C.J., WESTBROOKS AND SMITH, JJ.

WESTBROOKS, J., FOR THE COURT:

¶1. Connell Gray was convicted of first-degree murder in violation of Mississippi Code

Annotated section 97-3-19(1)(a) (Rev. 2014) and sentenced to life in the custody of the

Mississippi Department of Corrections (MDOC). Gray filed a motion for judgment

notwithstanding the verdict or, in the alternative, a new trial. The Coahoma County Circuit

Court denied Gray’s motion. Gray appeals, challenging the sufficiency and the weight of the

evidence. Finding no error, we affirm.

FACTS ¶2. The events leading up to the murder of Myrtle Messenger on March 14, 2015, involve

two distinct groups of friends. Michael Messenger Jr.,1 James “Scoop” Bryant, Roger Grace,

Cornelius Magee, and Britney King (Scoop’s girlfriend) had been riding around together on

the day Myrtle was shot. A separate group consisting of Gray, Dantrail “Pole” Jackson, and

Jamaal Stafford had been hanging out together before Myrtle was shot. Two separate

altercations involving members of each group occurred on the day of Myrtle’s death. The

second altercation stemmed from the first one.

¶3. The day Myrtle was killed, Michael, Scoop, Grace, and Magee were drinking and

riding around in Clarksdale when they pulled over so Michael could talk to a girl. Pole

appeared on the scene and threatened to shoot and kill Michael because Michael was talking

to his girlfriend. Gray was not present at that time.

¶4. Michael and his friends drove away and continued riding around. They eventually

ended up at the Benny Gooden Estates apartments where there was another altercation with

Pole. It became physical when Pole pushed Michael, who left the apartments with Shun

Sykes and had no other interaction with anyone from either of the two groups that evening.

Scoop then left King waiting in the parking lot with Grace and went back into the apartment

with Pole. Upon his return to the parking lot, Scoop told King that he knocked Pole out and

took his gun. King testified that all of the men then came out to the parking lot. She said she

saw Gray get out of a car before Scoop’s cousin hit him in the face. King left, dropped

Scoop off a gas station, and went to Grace’s house. Later that night, King agreed to drive

1 Michael is Myrtle’s grandson. He also lived with her.

2 Grace to see his girlfriend in Jonestown, Mississippi. While they were on the way, sometime

between 10 p.m. and 12 a.m. they passed Gray and Pole in a vehicle.

¶5. Gray did not testify, but the jury heard a taped interview of him at the Clarksdale

Police Department. Gray admitted to officers that he was at the apartment, but he stated that

he was not involved in the fight and did not get hit. He said that someone told him about

Pole’s fight with Scoop and that he heard Scoop say he had taken Pole’s gun. Gray said he

knew about the altercation between Michael and Pole earlier in the day and he knew Pole

was angry, but he did not know what the fight was about.

¶6. After the altercation at the apartments, Pole acquired another gun. Gray denied

knowledge of Pole’s gun, but Gray admitted that he also obtained a gun sometime that day.

Gray said that he and Pole walked to Myrtle and Michael’s house between 10 and 11 p.m.

Gray stated that he had no idea that Pole planned to kill anyone. Gray claimed that he stood

on the street while Pole knocked on the door. According to Gray, Pole shot Myrtle when she

opened the door. Gray admitted fleeing the scene, running through an alley, and throwing

his gun in the brush after hearing the shot. Gray also admitted meeting up with Pole again

after the shooting, but he said that Pole got in a car and left by himself.

¶7. After the murder, Deputy Stephen James of the Coahoma County Sheriff’s

Department encountered four men in the alley near Myrtle and Michael’s house. They were

detained and released after a call to dispatch to see if there were outstanding warrants. Gray

was not one of these four men, although Pole was. Officers also recovered two guns in the

same alley. Gray told officers that the semiautomatic pistol was his, but King testified that

3 she had seen him with a revolver earlier in the day. A ballistics expert determined that the

revolver was the murder weapon. Two shots had been fired from the revolver and none from

the semiautomatic pistol.

¶8. On December 9, 2015, Gray was indicted and charged with one count of first-degree

murder with an added firearm enhancement. After a jury trial in December 2019, Gray was

convicted of first-degree murder and sentenced to life in the custody of the MDOC. The

circuit court denied Gray’s motion for judgment notwithstanding the verdict or, in the

alternative, a new trial, and he now appeals.

STANDARD OF REVIEW

¶9. “In reviewing a challenge to the legal sufficiency of the evidence, we consider all of

the evidence in the light most favorable to the prosecution and accept all evidence supporting

the verdict as true.” Dampeer v. State, 989 So. 2d 462, 464 (¶7) (Miss. Ct. App. 2008). We

will not disturb a conviction based upon circumstantial evidence “unless it is opposed by a

decided preponderance of the evidence.” Leflore v. State, 535 So. 2d 68, 70 (Miss. 1988).

“When reviewing a denial of a motion for a new trial based on an objection to the weight of

the evidence, we will only disturb a verdict when it is so contrary to the overwhelming

weight of the evidence that to allow it to stand would sanction an unconscionable injustice.”

Anderson v. State, 62 So. 3d 927, 944 (¶60) (Miss. 2011).

DISCUSSION

I. Whether there was sufficient evidence to find Gray guilty of first- degree murder.

¶10. Gray argues that there was insufficient evidence to prove that he committed any act

4 in furtherance of the murder. He submits that there is no evidence to show that he had prior

knowledge of Pole’s criminal intent, that he participated in the crime in any way, or that he

committed the homicide. Gray asserts that he was merely present near the scene.

¶11. Gray was convicted pursuant to section 97-3-19(1)(a). “To prove first-degree murder,

the State must show that a person was killed ‘without the authority of law’ and that the

killing was ‘done with the deliberate design to effect the death of the person killed[.]’”

Adams v. State, 291 So. 3d 405, 409 (¶11) (Miss. Ct. App. 2020) (quoting section 97-3-

19(1)(a)). Gray did not have to pull the trigger to be found guilty. “When two people act in

concert or when one person aids another in committing . . . a crime, both are equally guilty

as principals in the eyes of the law.” Lipsey v. State, 756 So. 2d 823, 825 (¶4) (Miss. Ct.

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989 So. 2d 462 (Court of Appeals of Mississippi, 2008)
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Ford v. State
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Leflore v. State
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Malone v. State
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Bluebook (online)
Connell Gray a/k/a Connell Gray, Jr. a/k/a Cornell Gray, Jr. v. State of Mississippi, Counsel Stack Legal Research, https://law.counselstack.com/opinion/connell-gray-aka-connell-gray-jr-aka-cornell-gray-jr-v-state-of-missctapp-2021.