Dustin Bell v. Commonwealth of Kentucky

CourtKentucky Supreme Court
DecidedMarch 13, 2024
Docket2022 SC 0551
StatusUnknown

This text of Dustin Bell v. Commonwealth of Kentucky (Dustin Bell v. Commonwealth of Kentucky) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dustin Bell v. Commonwealth of Kentucky, (Ky. 2024).

Opinion

IMPORTANT NOTICE NOT TO BE PUBLISHED OPINION

THIS OPINION IS DESIGNATED “NOT TO BE PUBLISHED.” PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, RAP 40(D), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS BINDING PRECEDENT IN ANY OTHER CASE IN ANY COURT OF THIS STATE; HOWEVER, UNPUBLISHED KENTUCKY APPELLATE DECISIONS, RENDERED AFTER JANUARY 1, 2003, MAY BE CITED FOR CONSIDERATION BY THE COURT IF THERE IS NO PUBLISHED OPINION THAT WOULD ADEQUATELY ADDRESS THE ISSUE BEFORE THE COURT. OPINIONS CITED FOR CONSIDERATION BY THE COURT SHALL BE SET OUT AS AN UNPUBLISHED DECISION IN THE FILED DOCUMENT AND A COPY OF THE ENTIRE DECISION SHALL BE TENDERED ALONG WITH THE DOCUMENT TO THE COURT AND ALL PARTIES TO THE ACTION. RENDERED: MARCH 14, 2024 NOT TO BE PUBLISHED

Supreme Court of Kentucky 2022-SC-0551-MR

DUSTIN BELL APPELLANT

ON APPEAL FROM GARRARD CIRCUIT COURT V. HONORABLE HUNTER DAUGHERTY, JUDGE NO. 20-CR-00060

COMMONWEALTH OF KENTUCKY APPELLEE

MEMORANDUM OPINION OF THE COURT

AFFIRMING

Dustin Bell was convicted by a Garrard County jury of murder and first-

degree assault. He received a total sentence of life imprisonment and appeals

to this Court as a matter of right. 1 Bell argues the trial court erred by: (1)

failing to instruct the jury on defense in protection of another; (2) admitting

recorded jailhouse phone calls which contained hearsay; and (3) denying his

motion for a mistrial after the Commonwealth’s key witness had a seizure

during cross-examination. We affirm.

For several years, Bell, Samantha Denny, and Rodney Meade were

friends. Bell and Denny began dating in December 2019 and were engaged to

1 Ky. Const. § 110(2)(b) be married in February 2020. 2 They lived together at Bell’s residence.

Sometime on July 21 or 22, 2020, Bell and Denny had an argument because

she did not want him looking through her cellphone. During the argument,

Bell broke the cellphone which angered Denny, so she left. She eventually

went to stay at Meade’s residence. 3

Initially, Bell did not know where Denny went and actively tried to find

her. He messaged Meade on social media inquiring about Denny’s

whereabouts. Meade intimated he knew about the fight and that Denny was

“done” with Bell. While Meade denied being with Denny, Bell told Meade that

he suspected they were involved romantically. Bell also stated he knew Denny

had been at Meade’s residence.

On the morning of July 24, 2020, Bell went to Meade’s residence to look

for Denny. Because the door was locked, Bell used a card to slide the door

open—a trick he claimed Meade had previously showed him. Meade was in his

downstairs bedroom. Bell asked about Denny. At the time, Denny was hiding

under the pool table in Meade’s basement. Bell and Meade continued talking

without argument for over an hour and eventually went outside to Meade’s

mailbox where they continued talking. When they returned to the house,

Denny was in the kitchen. She began yelling at Bell and asked him what he

wanted. Bell stated that he wanted her to come home with him. Denny told

2 Bell often referred to Denny as his wife, but it does not appear from the record

they were actually married at any time relevant to this case. 3 Meade shared the residence with his father, who owned the property and often

stayed overnight in West Virginia during the week for work.

2 Bell she did not want to go with him and asked him to leave. She also

demanded that Meade ask Bell to leave. It is unclear whether Meade told Bell

to leave, but he did tell Denny that she did not have to leave with Bell.

Bell did not leave. Meade grabbed a knife off the kitchen counter.

Denny testified Meade simply grabbed the knife and stood his ground while

Bell claimed Meade moved towards him. Denny got between the two men with

Meade to her back and Bell in front of her. Bell stated that Denny was going

with him. Meade again told Denny she did not have to leave and further stated

he was not going to fight with Bell. Suddenly, Bell pulled out his handgun. As

he shot at Meade, Denny took a protective stance. The bullet hit three of

Denny’s fingers before striking Meade in the hip.

Denny did not know she had been shot and began fighting Bell. Meade

told them he had been shot and fell to the floor. Denny told Meade she would

get help and told him not to worry about her. Bell and Denny then left the

house, leaving Meade behind. Once they were in Bell’s car, Denny realized she

had been shot in the right hand. On the way to the hospital, Bell’s car broke

down and they waited for a tow truck. The tow truck took them to a garage

where Bell’s mother and brother picked them up. On the way to the hospital,

Denny demanded to get out of the vehicle and began walking. Bell walked with

her to the hospital but could not go inside because of COVID-19 regulations.

In the meantime, Meade’s body was discovered by his brother Brad who

called 911 although he knew Meade was already dead. Police discovered a

single bullet casing and a knife at the scene. Officers then went to Bell’s

3 residence to execute a search warrant and recovered Bell’s firearm from his

vehicle.

Hospital personnel reported Denny’s gunshot wound to law enforcement.

Police officers made contact with Bell in the parking lot of the emergency room.

Bell told the officers he had picked Denny up at her friend’s house and that she

was already injured when he arrived. He also claimed Denny would lie to get

him in trouble. Bell admitted at trial that he lied to the officers. The police

took Bell to the station for further questioning. 4 He initially repeated his

fabricated story that Denny was already injured when he came to pick her up

before eventually claiming self-defense. Again, Bell admitted at trial that he

lied to the police during this interview prior to telling them the truth about the

necessity for self-defense.

4 The portion of the Commonwealth’s statement of the case describing Bell’s

recorded interview contains a general citation to the video record between 10:50:30- 02:50:45 without any subsequent pinpoint citations. The use of “id.” without further specifying information is not appropriate in this situation. Kentucky Rules of Appellate Procedure (RAP) 31(E)(4) requires “[e]ach reference in a brief to a segment of the designated official recording shall set forth the letters ‘VR’ and the month, day, year, hour, and minute (or second if necessary) at which the reference begins as recorded.” Similarly, RAP 32(A)(3) requires a statement of the case to contain “ample references to the specific location in the record supporting each of the statements contained in the summary.” (Emphasis added). The foregoing rules pertain to appellee briefs as well as appellant’s briefs. RAP 32(B)(3) (“A counterstatement of the case [must] . . . set[] forth the matters the appellee considers essential to a fair and adequate statement of the case in accordance with the requirements for appellant’s statement of the case.”). Kentucky appellate courts “will not sift through a voluminous record to try to ascertain facts when a party has failed to comply with its obligation under [our rules of procedure] . . . to provide specific references to the record.” Commonwealth v. Roth, 567 S.W.3d 591, 595 (Ky. 2019) (quoting Parker v. Commonwealth, 291 S.W.3d 647, 676 (Ky. 2009)).

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Dustin Bell v. Commonwealth of Kentucky, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dustin-bell-v-commonwealth-of-kentucky-ky-2024.