Gaines v. State

137 So. 3d 357, 2013 WL 3589575, 2013 Ala. Crim. App. LEXIS 60
CourtCourt of Criminal Appeals of Alabama
DecidedJuly 12, 2013
DocketCR-11-0919
StatusPublished
Cited by2 cases

This text of 137 So. 3d 357 (Gaines v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gaines v. State, 137 So. 3d 357, 2013 WL 3589575, 2013 Ala. Crim. App. LEXIS 60 (Ala. Ct. App. 2013).

Opinion

WELCH, Judge.

The Jefferson County grand jury indicted David Lee Gaines on August 5, 2010, for two counts of capital murder. Count one charged Gaines with the intentional murder of Ericka Jean by shooting her with a pistol while she was inside a vehicle, see § 13A-5-40(a)(17), Ala.Code 1975. Count two charged Gaines with the intentional murder of Ericka Jean by shooting her with a pistol while he was inside a vehicle, a violation of § 13A-5^áO(a)(18), Ala.Code 1975. The State dismissed count two before trial.

The case was tried before a jury, and, on March 11, 2011, the jury convicted Gaines of the lesser-included offense of manslaughter. The trial court sentenced Gaines to 20 years in prison. Gaines now appeals.

FACTS

Gaines and Ericka Jean met approximately one year before Jean’s death. They began dating, and Jean and her two children moved into Gaines’s house. After Jean had moved into Gaines’s house, they began fighting. They argued because Gaines did not want to discipline Jean’s son, and they argued because Gaines often gave money to the mother of his son, when Jean thought he should spend the money on her children. Jean planned to leave Gaines and move into a shelter with her children.

On the night before Jean was killed, she and Gaines argued about money, specifically as it related to her children and Gaines’s son. The argument continued the next day. On that day, Shalicia Persons, the owner of the day-care center where Jean took her children, was in her car and stopped at a railroad crossing. Several cars were stopped behind her. Persons saw the man in one of the cars behind her and then heard gunshots — one before he got out of his car, and several after he got out of the car. Persons saw the man pointing the gun inside the car and firing. She recognized Gaines as the man shooting the gun, and she also recognized his car.

After shooting into the car, Gaines got back inside the car and closed the door. Persons turned her car around and got behind Gaines’s car. The train had [359]*359passed, and Persons and others inside her car were telephoning emergency 911.

An emergency-room nurse at St. Vincent’s Hospital, where Gaines drove himself and the victim after the shooting, testified that when Gaines arrived at the hospital’s emergency room, he signed in, said he had been shot in the right leg, and began undergoing treatment. He did not say anything about Jean until someone asked whether anyone was with him. Gaines responded by pointing toward the window and said that she was in the car and that she had been shot, too. The nurse immediately went out into the parking lot and found Jean, who was not moving or breathing.

The medical examiner testified that Jean had been shot six times. All but one of the gunshot wounds were to the back of her body and were fired from at least three feet away. Several of the gunshot wounds were fatal, and others would have paralyzed her.

Gaines testified on his own behalf at trial. According to Gaines, he argued with Jean about money, but he denied hitting or slapping her. Gaines said that when they were arguing he would grab her to keep her from attacking him. He said Jean was the violent one in their relationship. Although Jean had moved out of his house several times, she had always returned.

Gaines testified that on the day before the shooting, he and Jean were arguing because she was mad that he had given the mother of one of his children extra money. He said that they continued to argue the following day.

On the day of the shooting, Gaines was driving and had stopped his car at a railroad crossing waiting for a train to pass. Jean was in the front passenger seat. Gaines kept his gun on the driver’s side floorboard, in a holster and partially under the driver’s side floor mat. Gaines said that while they were stopped, he and Jean were arguing and Jean slapped him two times with her left hand. When she tried to slap him a third time, Gaines grabbed her hand and opened his door.

Then, Gaines testified, Jean tried to get the gun. According to Gaines, when he grabbed her hand with both of his hands, she fired the gun and a bullet struck his right leg. As they struggled over the gun, Jean fired it two more times.

When Gaines got the gun away from her, he fired as he was getting out of the driver’s side door. He said that he feared for his life after Jean shot him and acted in self-defense. Gaines testified that did not remember shooting into the car while he was standing outside the car.

Gaines did not telephone emergency 911 for an ambulance, and he did not drive to the nearest hospital; instead, he drove approximately 30 minutes to another hospital. When he arrived at that hospital, he did not immediately tell the hospital staff that the other shooting victim was outside in his car.

ANALYSIS

Gaines claims on appeal that the trial court committed reversible error by giving a jury instruction regarding self-defense that was incorrect, misleading, and prejudicial. Gaines asserts: (1) that the instruction improperly substituted the phrase “created the controversy” for the statutory term “initial aggressor,” and (2) that the instruction improperly stated that Gaines had a “duty to retreat.”

The trial court’s instruction on self-defense provided, in relevant part:

“The Defendant does not have the burden of proving that he acted in self defense. To the contrary, once the issue of self defense becomes an issue, the [360]*360State has the burden of proving that or prove beyond a reasonable doubt that the Defendant did not act under circumstances amounting to self defense. So in conclusion, to prevail in self defense— and there are three things. One, the Defendant must not have created the controversy. Now, when you think about it that makes sense, because it wouldn’t make sense if you could start a controversy and then say, oh, I killed this person in self defense; that wouldn’t make sense at all, would it? Okay. So the Defendant would not have created [the] controversy. Second, at the time of the shooting, the Defendant must have reasonably believed that his life or body was in danger of serious physical injury or death. Thirdly, the Defendant must retreat without using deadly force if he can do so safely.”

(R. 570-71.) (Emphasis added.)

Before the jury retired to deliberate, Gaines made the following objection to the self-defense instruction:

“Judge, relative to the instructions that the Court gave the jury, the Defendant takes exception to a portion of the self-defense charge that the Court gave. The Defendant believes that the law in Alabama uses the terminology, ‘aggressor,’ in that part of the instruction where it refers to a Defendant not being able to claim self defense if he or she were the initial aggressor. I think that’s the language that the law has in it. This Court used the language, ‘he must not have initiated the controversy.’
“The Defendant believes that those two things could mean something totally different especially in a circumstance like this where there is testimony of arguments over a course of time. This jury could easily believe that initiating the controversy may be about starting an argument, but it is clear when you say ‘the initial aggressor,’ you talk about one who is the first to cause or to act in a physical or violent way.

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Bluebook (online)
137 So. 3d 357, 2013 WL 3589575, 2013 Ala. Crim. App. LEXIS 60, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaines-v-state-alacrimapp-2013.