Herron v. State

941 So. 2d 834, 2006 Miss. App. LEXIS 242, 2006 WL 853333
CourtCourt of Appeals of Mississippi
DecidedApril 4, 2006
DocketNo. 2004-KA-01817-COA
StatusPublished
Cited by1 cases

This text of 941 So. 2d 834 (Herron 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
Herron v. State, 941 So. 2d 834, 2006 Miss. App. LEXIS 242, 2006 WL 853333 (Mich. Ct. App. 2006).

Opinion

IRVING, J.,

for the Court.

¶ 1. A Monroe County jury convicted Bobby Herron of murder, and the circuit court sentenced him to life in the custody of the Mississippi Department of Corrections. Aggrieved, Herron appeals and alleges the following errors: (1) whether the trial judge abused his discretion in failing to grant a mistrial when it was discovered that a juror knew a witness that was scheduled to testify, (2) whether the trial court erred in failing to grant a directed verdict in his favor at the close of the State’s case-in-chief, and (3) whether the trial court erred in failing to grant a judgment notwithstanding the verdict or a new trial.

¶ 2. Finding no error, we affirm.

FACTS

¶ 3. In the case sub judice, the only undisputed fact is that Sterlyn Fields was shot in the back of the head with a sixteen gauge shotgun while at the home of Bobby Herron, in Nettleton. As to the remaining facts, both the prosecution and Herron gave varying accounts of the events which led to Fields’s death and Herron’s arrest for his murder.

¶ 4. According to the prosecution, Her-ron was upset about his battery having been stolen from his truck some days before the shooting. Herron apparently received information from some source that Fields was the person who had stolen his battery. Acting on this information, Her-ron accosted Fields at a nearby business, dragged Fields back to his home, and shot Fields in the back of the head while Fields begged for his life. After shooting Fields, Herron got into his truck and drove to the police station and informed the police of the crime that he had committed.

¶ 5. At trial, Eddie Reed, a police officer with the Nettleton Police Department, testified that he was working out in the gym behind the police station when Herron came to him and admitted “that he had shot Sterlyn Fields in the back of the head with a 16-gauge shotgun, [and] he was [836]*836lying dead in his yard.” Reed further testified that, four days before the shooting, when he was investigating and filling out a report on Herron’s stolen battery, Herron told him “that if he found out, you know, who stole his truck battery that I wouldn’t have to worry about them anymore.”

¶ 6. Chris Patterson, a police officer with the Nettleton Police Department, was dispatched to the scene of the crime. He testified that, upon arrival at the scene, he found Fields in Herron’s yard, lying on his stomach with a large hole in his head and barely breathing. Patterson also stated that he discovered brain matter and parts of Fields’s hand on Herron’s carport. Patterson further testified that he later discovered the murder weapon behind the seat of Herron’s truck.

¶ 7. Thomas Adams, then acting chief of the Nettleton Police Department, testified that when he arrived at the scene, he noticed that Fields had a large hole in the left backside of his head and “half his hand was gone.” Adams also testified that, while at the scene, Steve Orr, a cousin of Fields, told him that Orr saw the entire incident and “saw Bobby shoot Sterlyn in cold blood.”

¶ 8. Steve Orr testified that he witnessed the entire incident which transpired between Herron and Fields. According to Orr, Herron approached Fields outside the business, accused him of stealing his battery, said that he was going to kill Fields for stealing his battery, grabbed Fields and began dragging him down the street toward Herron’s house. Orr stated that he followed behind the two men from a distance until they reached Herron’s house. Orr testified that, as he came around the corner of Herron’s house, he saw Fields on his knees with Herron eight to ten feet away holding a shotgun. Orr stated that Fields begged for his life, saying, “Mister, I ain’t done nothing to you, please don’t shoot me.” Orr further stated that he also pleaded with Herron, but Her-ron still pulled the trigger.

¶ 9. Anthony Walker lived three houses from Herron. He testified that he witnessed everything except the shooting, which he only heard. Walker stated that he saw Herron dragging ■ Fields toward Herron’s house. Walker also stated that he heard Herron tell Fields that he was going to kill him because he had stolen his truck battery. Walker further stated that he heard Orr tell Herron, “Bobby, don’t shoot him. You don’t have to shoot him.”

¶ 10. Doctor Steven Hayne, the forensic pathologist who performed the autopsy on Fields’s body, testified that Fields died from a gunshot wound to the back left side of the head. Dr. Hayne gave his expert opinion that the muzzle of the murder weapon was at least two feet away from the victim’s head and hands, that the victim’s hands were up around his head in a defensive posture, and that there was no gunshot residue on the victim’s hands. Dr. Hayne found the wounds to be consistent with Fields being on his knees with the shooter behind him and to his left, shooting downward.

¶ 11. Herron took the stand and testified in his own defense. He testified that he was on his way to get something to eat when Fields approached him and asked for money to buy alcohol. According to Her-ron, at that same time, Orr also approached him and began acting aggressively. Fearing for his safety, Herron stated that he ran back to his house. Herron testified that, once home, he heard a noise and went outside, where he found Fields and Orr rummaging through his truck. Herron testified that he went inside and got his shotgun, hoping that the sight of it would scare the two men into leaving. Herron further testified that after he came [837]*837back outside with his shotgun, he told the two men to get off his property. According to Herron, Orr complied and left, but Fields refused to leave and started coming toward him. Herron testified that once Fields got close enough to him, he grabbed the shotgun, causing a struggle over it. Herron went on to state that during the struggle, Fields slipped, twisted as he was falling, and was accidentally shot in back of the head as the gun went off.

ANALYSIS AND DISCUSSION OF THE ISSUES

1. Motion for a Mistrial

¶ 12. Herron argues that the court should have declared a mistrial when it was discovered, during the course of the trial, that one of the selected jurors knew Adams. Herron contends that during voir dire by the court, the juror should have informed the judge of his relationship with Adams when the court read the potential witness list.1 Herron maintains that the failure of the juror to inform the court of his acquaintance with Adams amounted to prejudice to him in selecting a jury. We note that, contrary to what Herron intimates in his brief, the court never asked members of the venire if they knew any of the potential witnesses. In conducting voir dire, the court stated:

Now, some of you may know one or all of these people, but that’s not really the question. The question is whether your knowledge of them would tend to make their testimony more believable or less believable or would influence you somewhat. If that’s the case, I need to know it at this time.

(emphasis added).

¶ 13. “Whether to grant a motion for a mistrial is within the sound discretion of the trial court. The standard of review for denial of a motion for mistrial is abuse of discretion.” Pulphus v. State, 782 So.2d 1220, 1223(¶ 10) (Miss.2001).

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Bluebook (online)
941 So. 2d 834, 2006 Miss. App. LEXIS 242, 2006 WL 853333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herron-v-state-missctapp-2006.