Fort v. State

752 So. 2d 458, 1999 WL 1061020
CourtCourt of Appeals of Mississippi
DecidedNovember 23, 1999
Docket1998-KA-01291-COA
StatusPublished
Cited by3 cases

This text of 752 So. 2d 458 (Fort v. State) 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
Fort v. State, 752 So. 2d 458, 1999 WL 1061020 (Mich. Ct. App. 1999).

Opinion

752 So.2d 458 (1999)

Mike FORT a/k/a Michael Fort a/k/a Michael Anthony Fort, Appellant,
v.
STATE of Mississippi, Appellee.

No. 1998-KA-01291-COA.

Court of Appeals of Mississippi.

November 23, 1999.

*459 Eileen M. Maher, Natchez, Attorney for Appellant.

Office of the Attorney General by Pat S. Flynn, Attorney for Appellee.

BEFORE KING, P.J., DIAZ, AND IRVING, JJ.

KING, P.J., for the Court:

¶ 1. Michael Fort has appealed his conviction in the Circuit Court of Adams County, Mississippi of possession of a deadly weapon by a convicted felon. The circuit court sentenced Fort to serve a term of three years in the custody of the Mississippi Department of Corrections. Fort raises the following issues on appeal: 1) whether the trial court erred in allowing the district attorney to attack Benjamin Donald's credibility and 2) whether the State proved beyond a reasonable doubt that Fort willfully possessed a gun while a convicted felon.

¶ 2. Finding no error, this court affirms.

¶ 3. The Grand Jury of Adams County charged Fort with willful possession of a deadly weapon by a convicted felon. Prior to trial, Fort moved to exclude statements made by Donald to attorney Scott Pintard concerning Donald's cocaine possession and a pending cocaine charge against Fort. The court sustained Fort's motion, but ruled that the State could question Donald to show his bias, prejudice or interest.

¶ 4. At the trial, which began on April 1, 1998, the State's witnesses included Kevin Coleman, the policeman called to the scene; Roosevelt Owens, the investigating officer; and Alease White and Carolyn White Hannon, the eyewitnesses to the shooting. The testimony indicated that between 9:00 p.m. and 10:00 p.m. on May 21, 1997, Fort, Donald and two others decided to go to Wal-Mart to buy more food for a barbecue. Fort was driving his girlfriend's red Ford Escort with tinted windows. He drove down Madison and turned left onto Canal Street. As he drove down Canal Street, Fort pulled out a gun and fired six shots in front of White's home. White, who was entertaining family and friends on the front porch, immediately called the police and reported a drive-by shooting.

¶ 5. Officer Coleman responded to a 9-1-1 call received at 9:24 p.m. on May 21, 1997. He arrived to investigate the scene within three to four minutes after White's call. He explained that upon arrival, White's family and friends appeared to be frightened of something. Coleman interviewed White first and then Hannon. *460 During the interview, White informed Coleman of the drive-by shooting, and identified Fort as the shooter and the driver. She said there were three other people in the car, but could not identify them. White knew Fort because the car belonged to Fort's girlfriend, who lived near Canal Street. White had previously seen Fort driving the car. White saw fire come from Fort's extended hand. Because street-lights illuminated the area, White was able to see Fort's face through the windshield of the car.

¶ 6. Coleman investigated the area surrounding the house and the street and found no bullet holes or shell casings. Coleman testified that the absence of shell casings indicated that Fort may have used a revolver instead of an automatic weapon. Coleman testified that shell casings remain inside a revolver unless the shooter empties them. Coleman reported his findings from the scene and was replaced by detective Owens.

¶ 7. White testified that she was entertaining family and friends on the front porch of her home on Canal Street on May 21, 1997. They had been sitting on the porch since approximately 5:00 p.m. that evening. White testified that at approximately 9:30 p.m., she saw a red Ford Escort with tinted windows turn onto Canal Street. When the car reached her home, the driver extended his hand from the window and fired six shots from the gun. White called the police within minutes after the shooting.

¶ 8. Hannon's testimony was consistent with White's testimony. However, Hannon testified that she heard three or four shots fired from the gun. Hannon did not identify the shooter as Fort but indicated a recognition of the red Ford Escort. At trial, Hannon indicated that she saw the fire from the gun and was confident that Fort was the shooter. On cross, Hannon admitted that she did not identify Fort as the shooter in the police statement taken on May 22, 1997. On redirect, Hannon testified that she identified the driver as the shooter in her statement, and Fort was the driver.

¶ 9. Owens continued the investigation of Fort based on the initial report taken by Coleman. Owens initially charged Fort with committing a drive-by shooting. Owens later discovered that Fort had previously been convicted of burglary and larceny of a storehouse. This led to the modification of the initial charge to possession of a firearm by a convicted felon. An arrest warrant was issued for Fort as a result of this charge. Subsequently, Owens began his search for Fort. Owens found and arrested Fort on May 23, 1997. During the interview, Fort received the Miranda warnings and confessed to shooting the gun in the air while riding past White's home on May 21, 1997. The interview started at 4:17 p.m. and ended at 4:42 p.m. Fort appeared to understand the Miranda warnings and willingly waived his rights in the presence of detectives Dawson and Owens. Owens testified that Fort agreed to talk, admitted to the shooting on Canal Street, but would not write it down. Owens testified that he was the only detective present when Fort made this confession. Owens included Fort's confession in his case file on May 28, 1997. At the conclusion of Owens testimony, the State rested its case-in-chief. The defense's motion for a directed verdict was overruled.

¶ 10. The first witness to testify for the defense was Donald, a passenger in the car on the night of May 21, 1997. Donald testified that Fort picked him up in a red Ford Escort with tinted windows and took him to a party at the home of Fort's girlfriend. Donald said that between 9:00 p.m. and 10:00 p.m. he and Fort went to Wal-Mart to get more meat for the barbecue. On the way to the store, Fort picked up Hayes and his girlfriend. They traveled down Madison Street, turned right on Canal Street and went to the store. The windows were up, and they were all listening to music.

*461 ¶ 11. On cross, Donald acknowledged possessing and being charged with possession of cocaine. He also acknowledged a conversation with an attorney named Scott Pintard regarding Fort. The defense objected to this line of questions arguing that Donald's conversation with Pintard was privileged. The court overruled this objection but instructed the prosecution to proceed carefully. Donald admitted that he did not have an attorney-client relationship with Pintard. He also acknowledged a discussion of Fort with Pintard during a recorded conversation. Donald acknowledged having previously covered for Fort as well as presently covering for Fort by appearing as a witness.

¶ 12. Hayes and his girlfriend, who was unavailable as a witness, were passengers in the red Escort on the night of May 21, 1997. Hayes contends no shooting took place that night. Hayes testified Fort picked him up just as it was getting dark. Hayes admitted that he and Fort were good friends and lived together before his arrest. Hayes claimed to have been cruising around town with Fort that night on a "joy ride."

¶ 13. Fort, testifying in his own defense, said that he took Donald to the store to buy more meat for the party at approximately 8:30 p.m.

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Bluebook (online)
752 So. 2d 458, 1999 WL 1061020, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fort-v-state-missctapp-1999.