Derrick Goode v. State of Mississippi

CourtCourt of Appeals of Mississippi
DecidedSeptember 5, 2023
Docket2021-KA-01310-COA
StatusPublished

This text of Derrick Goode v. State of Mississippi (Derrick Goode 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
Derrick Goode v. State of Mississippi, (Mich. Ct. App. 2023).

Opinion

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI

NO. 2021-KA-01310-COA

DERRICK GOODE APPELLANT

v.

STATE OF MISSISSIPPI APPELLEE

DATE OF JUDGMENT: 04/24/2013 TRIAL JUDGE: HON. CHARLES E. WEBSTER COURT FROM WHICH APPEALED: BOLIVAR COUNTY CIRCUIT COURT, FIRST JUDICIAL DISTRICT ATTORNEY FOR APPELLANT: BRANDON ISAAC DORSEY ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: ALLISON ELIZABETH HORNE DISTRICT ATTORNEY: BRENDA FAY MITCHELL NATURE OF THE CASE: CRIMINAL - FELONY DISPOSITION: AFFIRMED - 09/05/2023 MOTION FOR REHEARING FILED:

BEFORE WILSON, P.J., WESTBROOKS AND LAWRENCE, JJ.

LAWRENCE, J., FOR THE COURT:

¶1. A jury convicted Derrick Goode for the murder of Timothy Devine in Bolivar County,

Mississippi. The Bolivar County Circuit Court sentenced Goode to serve life imprisonment

in the custody of Mississippi Department of Corrections (MDOC). Goode filed a motion for

judgment notwithstanding the verdict or, in the alternative, a new trial and for reasonable bail

pending appeal, which the circuit court denied. Goode appealed and raised the following

issues: (1) the trial court erred by denying his motion for a directed verdict; (2) the jury’s

guilty verdict was against the overwhelming weight of the evidence; (3) the trial court erred

by allowing certain photographs into evidence; and (4) the trial court erred by refusing certain jury instructions proposed by the defense. Finding no error, we affirm.

FACTS AND PROCEDURAL HISTORY

¶2. On March 8, 2007, the Bolivar County Sheriff’s Department responded to a shooting

that occurred in Gunnison, Mississippi, outside of Club Amnesia. When EMS and

responding officers arrived at the scene, they discovered Timothy Devine’s body lying on the

sidewalk in a pool of blood. Devine had suffered gunshot wounds to the head, chest, and one

thigh. Derrick Goode was quickly identified as the shooter by three eyewitnesses. On March

12, 2007, Goode’s attorney arranged for Goode to turn himself in to law enforcement. On

August 25, 2008, a Bolivar County grand jury indicted Goode for the murder of Devine.

Goode’s trial took place on April 9, 2013.

¶3. At trial, Michael Gadison testified that he went to Club Amnesia with his cousins

Reginald and Wykevion. Gadison testified that on the night of the incident, March 8, 2007,

he was standing on the curb outside Club Amnesia when he saw a “maroon” or “maybe

purple Chevy” coming down the highway really fast and then make “a California swirl.” He

said that “they did a swirl . . . looked like they were coming to do something” and that Goode

was driving. He explained that Goode got out of the car first, and then “Main Boy” and two

other guys got out of the Chevy. Gadison did not know the names of the other individuals.

Gadison testified that Goode and the other two guys made their way through the crowd while

he (Gadison) talked to “Main Boy” for a moment. Gadison testified that Goode went by the

name “Doom.”

¶4. Gadison testified that after speaking with “Main Boy,” he went over to where Goode

2 was standing. Gadison explained that Goode and Reginald were arguing and said Goode was

walking around and “circled Reginald a couple of times, but Reginald was turning his back

because he was kind of scared.” He said that Wykevion “Key Key” Fortney1 walked up, and

Goode “jumped from Reginald to [Wykevion] and said[,] ‘Yeah, that’s my Chevy right there.

I’ve got a brand new radio in that. Go ahead and steal that.’” Gadison said that Goode was

cussing and “circling [Reginald and] kept pulling on the gun.” Gadison explained that

Goode was wearing a white shirt with brown khaki pants and that he (Gadison) “could see

the gun” and “handle” through Goode’s shirt. He testified that Goode “kept clutching it

[w]hile he walked around him, he kept clutching it. He kept gripping it . . . like he was gonna

pull it. He did it about 15, 20 times[.]”

¶5. Gadison explained that when the victim Timothy “T” Devine2 walked up and saw

Goode arguing with his nephew Wykevion, Devine said, “Man, that’s my nephew you’re

arguing with. This is Gunnison. You can’t come down here and be doing people like this.”

Gadison testified that Goode then walked over and started arguing with Devine. Gadison

explained, “[T]hey both were facing me. I’m on the wall . . . . I know this guy’s got a gun[,

and] . . . I didn’t come down here for that,” so he left the wall and told Wykevion to open the

bar. Gadison said he went inside the club to get a beer. He said he “stayed there about two

minutes,” and when he came back out he saw Goode at the door. Gadison testified that he

1 Wykevion Fortney was referred to as “Key Key” throughout the trial, but for the purpose of the opinion, we will refer to him as Wykevion. 2 Timothy Devine was referred to as “T” Devine throughout the trial, but for the purpose of this opinion, we will refer to him as Devine.

3 was “face-to-face” with Goode, and “he had a strange look in his eyes.” Gadison said he was

nervous because “God told [him] to tell [Goode] what he brought [him] through.” Gadison

explained, “I said, ‘Hey, [Goode], what you’re about to do is you’re about to do black on

black crime. One of y’all is gonna be in prison and the other one’s gonna be dead.’ . . . He

looked at me. He listened” but went back through the crowd and started arguing with Devine

again. Gadison said Goode was “steady clutching . . . still clutching, like he was gonna pull

- - like he was gonna pull it.” Gadison said he was “20 feet away . . . over by the post

office,” and Reginald and Wykevion were getting ready to leave when Goode and Devine

started back arguing again.

¶6. Gadison testified that he asked another person with Goode, “What’s wrong with your

boy?” before the shooting occurred. He testified,

[B]y the time I could say that and he was walking toward me . . . I looked back, [Devine,] he spit . . . he went to do . . . a little side spit . . . . When he turned his back on Goode - - like they were face-to-face because he kept like he was fixing to pull it. He must have clutched it 15 or 20 times . . . when Devine went to spit . . . he spit and before he could come back around . . . ‘boom,’ hit him, shot him . . . he hit him one time beside the head. “Boom,” the first shot.

Gadison was “standing right there . . . 20 feet [away]” and “took off running” when he

witnessed Goode shoot Devine in the head. Gadison stated that he “ran down the hill like

20–30 feet” and “ran back” to check on Devine after Goode “jumped in the car and peeled

off[.]” By the time Gadison reached Devine, “he was already dead. [Devine] was dead on

the first shot.”

¶7. Gadison also testified that Devine was wearing a cap and holding a “blunt in his hand”

4 when he turned his head to spit, and Devine did not have a gun. Gadison said, “[T]hat first

shot really killed him[, but Goode] kept riding him, though.” Gadison heard “two, [maybe]

three shots” after he saw the first shot that hit Devine in the head, and “they all went in him.”

During cross-examination, Gadison was confronted with the statement he gave Detective

Thompson on the night of the incident. Gadison’s first statement did not mention seeing

“Main Boy,” Goode “allegedly driving down the street fast,” Goode “clutching” a “gun 15

to 20 times,” or Gadison seeing Goode shoot Devine. Gadison testified that he gave a second

statement in July 2008 and explained again to the jury the sequence of events he witnessed

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Derrick Goode v. State of Mississippi, Counsel Stack Legal Research, https://law.counselstack.com/opinion/derrick-goode-v-state-of-mississippi-missctapp-2023.