Jeremy Christian v. State of Mississippi

• Court: Court of Appeals of Mississippi
• Decided: April 25, 2023
• Docket: 2021-KA-00898-COA
• Status: Published

Opinion

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI

NO. 2021-KA-00898-COA

JEREMY CHRISTIAN APPELLANT

v.

STATE OF MISSISSIPPI APPELLEE

DATE OF JUDGMENT: 06/25/2021 TRIAL JUDGE: HON. CALEB ELIAS MAY COURT FROM WHICH APPEALED: SCOTT COUNTY CIRCUIT COURT ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: W. DANIEL HINCHCLIFF ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: LAUREN GABRIELLE CANTRELL DISTRICT ATTORNEY: STEVEN SIMEON KILGORE NATURE OF THE CASE: CRIMINAL - FELONY DISPOSITION: AFFIRMED - 04/25/2023 MOTION FOR REHEARING FILED:

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

WILSON, P.J., FOR THE COURT:

¶1. Following a jury trial in the Scott County Circuit Court, Jeremy Christian was

convicted of aggravated assault and sentenced to a term of fifteen years in the custody of the

Mississippi Department of Corrections (MDOC) with five years suspended and five years

of supervised probation. On appeal, Christian’s appointed counsel filed a Lindsey1 brief,

certifying that the case presents no arguable issues for appeal. Based on our independent

review of the record, we agree that there are no arguable issues for appeal and affirm the

conviction and sentence.

1 Lindsey v. State, 939 So. 2d 743 (Miss. 2005). FACTS AND PROCEDURAL HISTORY

¶2. On January 12, 2019, on Horseshoe Road in Scott County, Christian was involved in

a confrontation with Jay Johnson. Shannon Davidson and Christian’s girlfriend, Jenny

Stewart, were with Christian in Stewart’s car. Johnson’s girlfriend, Brittany Dunn, was with

Johnson in his truck. After Johnson called his friend Tyler Martin for help, Martin, Wesley

Taylor, and John Howell drove to Horseshoe Road in Howell’s truck. There was a long

history of bad blood between Christian and Johnson. Accounts of their initial confrontation

on January 12 differ, but it appears that only words and threats were exchanged on Horseshoe

Road.2 When Martin, Taylor, and Howell arrived, Christian, Davidson, and Stewart left in

Stewart’s car and drove back to Christian’s house, where he lived with his parents. When

Christian arrived home, he retrieved a shotgun and rifle and waited outside the house,

expecting that Johnson and his companions would arrive soon.

¶3. Johnson, Dunn, Martin, Taylor, and Howell followed Stewart’s car in their two trucks.

Howell’s truck ran out of gas, so Martin, Taylor, and Howell loaded into Johnson’s truck and

continued to Christian’s house. According to Martin, Christian had “been harassing

[Johnson] for years,” and Martin wanted to “settle all this.”

¶4. Accounts of what followed differ. Martin testified that Christian and others were

armed and waiting for them at the side of the road when they reached Christian’s house.

Martin and Dunn testified that Johnson stopped his truck on the side of the road and never

2 Davidson testified that Christian used a rifle to fire once in Johnson’s direction just before they left Horseshoe Road. However, no other witness testified that any punches were thrown, guns drawn, or shots fired on Horseshoe Road.

2 pulled into Christian’s driveway. Martin got out and began to argue with Christian.

Christian then fired his shotgun into the air. After some additional back and forth, Christian

suddenly shot Martin in the leg. Martin testified that he was unarmed and that none of his

companions had displayed a gun. Martin acknowledged that there was a rifle in the back of

Johnson’s truck, but it was not loaded. After he was shot in the leg, Martin retreated to

Johnson’s truck. Johnson started to drive away, but the truck’s back window shattered, and

a bullet struck Dunn in the back. The bullet severed Dunn’s spinal cord and left her

paralyzed from the chest down. Additional bullets hit the truck as it drove away.

¶5. Christian claimed that after he retrieved his shotgun and rifle from his house, he

waited on his front porch only to defend himself and his friends and family. Christian

testified that Johnson and his friends pulled in to the driveway. Christian testified that “a red

laser” gun sight began “bouncing all around” him, and he was “scared to death.” Christian

“fired a warning shot in the air” with his shotgun. According to Christian, he told Johnson

and the others to leave, but the red laser remained on him. He heard Howell urge Johnson

to “take him out” and “shoot him.”3 In addition, Christian testified that Martin got out of the

truck, threatened him, and moved toward him. Christian shot Martin in the leg with his

shotgun, and Martin retreated to the truck. Christian then picked up his rifle and fired it at

3 Christian’s mother also testified that Christian was targeted with a red laser gun sight and that someone urged Johnson to shoot Christian and “take him out.” However, Martin and Dunn denied that anyone ever aimed a gun at Christian or threatened to shoot him. Davidson also testified that he never saw anyone in Johnson’s group with a gun or heard any of them “say anything that would make [him] think they had a weapon.” Finally, Investigator Billy Patrick of the Scott County Sheriff’s Office testified that a rifle was recovered from Johnson’s truck, but it was not loaded and did not have any sort of laser sight.

3 the truck as it drove away, striking Dunn. No shots were ever fired at Christian.4 However,

Christian testified that he fired at the truck as it drove away because Johnson and the others

were still threatening to kill him and his family.

¶6. Christian subsequently gave two written statements to law enforcement. In the first

statement, he admitted to shooting Martin with his shotgun but did not mention his rifle or

that he had fired it at the truck as it drove away. In his second statement, he admitted that

he also had fired his rifle at the truck, but he said he “had no idea [he] hit the truck.”

¶7. A Scott County grand jury indicted Christian for two counts of aggravated assault for

shooting Dunn (Count I) and for shooting Martin (Count II). Following a trial in the Scott

County Circuit Court, the jury found Christian guilty of Count I but not guilty of Count II.

The court sentenced Christian to a term of fifteen years in MDOC’s custody with five years

suspended and five years of supervised probation. Christian filed a notice of appeal.5

ANALYSIS

¶8. Lindsey, 939 So. 2d at 748 (¶18), establishes the “procedure to govern cases where

appellate counsel represents an indigent criminal defendant and does not believe his or her

client’s case presents any arguable issues on appeal.” In this case, Christian’s appointed

appellate counsel complied with that procedure and certified that there are no arguable issues

4 On cross-examination at trial, Christian claimed that Taylor had a gun and “pulled the trigger,” but “the gun misfired.” Christian did not mention this fact in either of his statements to law enforcement, and there is no other evidence to support the claim. 5 Christian moved for a directed verdict at the close of the State’s case-in-chief, but his motion was denied. He submitted a peremptory instruction at the close of the evidence, which was refused. He did not file any post-trial motions.

4 for appeal. Pursuant to Lindsey, counsel sent Christian a copy of the brief and advised him

that he could file a pro se brief. This Court also entered an order granting Christian time to

file a pro se brief. Christian did not file a brief.

¶9. The State presented sufficient evidence to support the conviction. In addition, this

Court has “conducted an independent and thorough review of the record, and we conclude

that there are no issues that warrant reversal.” Taylor v. State, 162 So. 3d 780, 787 (¶18)

(Miss. 2015). Therefore, Christian’s conviction and sentence are AFFIRMED.

BARNES, C.J., CARLTON, P.J., GREENLEE, WESTBROOKS, McDONALD, LAWRENCE, McCARTY, SMITH AND EMFINGER, JJ., CONCUR.