Martin v. United States

606 A.2d 120, 1991 D.C. App. LEXIS 356, 1991 WL 278999
CourtDistrict of Columbia Court of Appeals
DecidedDecember 30, 1991
Docket89-885, 89-1523
StatusPublished
Cited by48 cases

This text of 606 A.2d 120 (Martin v. United States) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Martin v. United States, 606 A.2d 120, 1991 D.C. App. LEXIS 356, 1991 WL 278999 (D.C. 1991).

Opinions

SCHWELB, Associate Judge:

Life can be cheap on the streets of our city. On the evening of March 26, 1988, Stephen Brandon jumped out of the back seat of an automobile which was being driven on Wheeler Road in southeast Washington by appellant Tyrone Martin and fired a handgun at Clayton (Ricky) Gray and Marvin Pegues. Gray was struck in the chest and died shortly afterwards; Pe-gues escaped unharmed.

Brandon and Martin were charged with the crimes. The prosecution’s theory was that Brandon, who was twenty-one years old, was the principal, and that Martin, who was forty-one, and who was related to Brandon by marriage, induced Brandon to act and was therefore responsible as an aider or abettor. Brandon entered a mid-trial guilty plea to two lesser-included offenses; Martin was convicted of the principal charges by the jury.1

At trial, evidence was proffered or received with respect to two possible (and strikingly different) motivations for the carnage on Wheeler Road. According to the prosecution, Brandon killed Gray and shot at Pegues at Martin’s urging as a result of an obscene verbal altercation, marginally over a woman, in which Martin had become embroiled with the two victims in a liquor store a short time earlier. Martin’s theory, based primarily on Brandon’s testimony during the plea proceeding, was that Gray and Pegues had robbed Brandon on an earlier occasion, and that Brandon’s [122]*122motive was personal revenge. Martin sought to show that it was Brandon, not Martin, who quarreled with the men at the liquor store. He contended, and continues to maintain on appeal, that a robbery victim’s revenge provides a far more plausible motive for murder than does the salvaging of a friend’s pride following an exchange of tasteless insults.

Beginning with a pretrial motion for severance, Martin consistently but unsuccessfully asked that the cases be tried separately and that Brandon be tried first, so that he (Martin) could present to the jury Brandon’s testimony, which he claimed would tend to exculpate him. After Brandon entered his plea, Martin requested a mistrial so that he could call Brandon as a defense witness after Brandon had been sentenced. The judge denied the motion.

As a result of the judge’s ruling, the jury never learned that Brandon claimed to have a cogent personal reason, which was completely unrelated to Martin, for seeking revenge against Gray and Pegues. Concluding that the judge’s refusal to order a mistrial unreasonably restricted Martin’s opportunity to present significant and potentially exculpatory testimony, that this consideration outweighed the public interest in short-term judicial economy, and that the judge erroneously relied on his own assessment of Brandon’s credibility, we reverse Martin’s convictions and remand the case for a new trial.

I

THE EVIDENCE

A. The prosecution case.

The principal prosecution witness at trial was Vilencia Stover, who was with Martin and Brandon both during the altercation at the liquor store and immediately preceding the homicide. Her testimony was corroborated, in part, by Marvin Pegues, the second victim of the shooting, and by Janice Easterwood, a young woman who was with Martin, Brandon and Ms. Stover for a part of the relevant time.

When the case came to trial in March 1989, Ms. Stover, who is known to her friends as Lindsey, was a twenty-five year old mother of three. She testified that she “used to have a love affair” with Gray, whom she liked “quite a bit,” and that she had spent the evening before the murder with Gray.2 She explained that she was also slightly acquainted with Martin, whom she knew as “Petey,” and who was considerably older than she was. She claimed that “Petey” would try to flirt with her on occasion,3 but that his romantic aspirations towards her were unreciprocated and had not been consummated.

On March 26, 1988, Ms. Stover had been visiting one of her girlfriends in the Trenton Park apartment complex in southeast Washington. The two women had been smoking crack cocaine from a pipe. Explaining that “when I hit [cocaine], I like to drink,” Ms. Stover decided to go out and get a beer. In the parking lot, she encountered Martin and asked him for a ride to the liquor store. Martin agreed to take her. On the way to the store, Martin and Ms. Stover picked up Brandon (whom Ms. Stover knew as “Black”), as well as a female acquaintance named Janice Easter-wood.

When the four of them arrived at the liquor store, Brandon went to a telephone booth to make a call, while the other three went inside. Ms. Stover asked Martin to buy her a six-pack of beer. Martin declined to do so and made a belittling remark about Ms. Stover and her friends. He did, however, agree to buy Ms. Stover a sausage. In the meantime, Gray and Pe-gues had come into the establishment. Ms. [123]*123Stover testified that Martin was standing in line behind her and that Gray was positioned behind Martin. Gray playfully tapped Ms. Stover and began “ducking and hiding behind Petey’s (i.e. Martin’s) back.” Martin became annoyed and demanded to know why Gray was playing behind his back. Gray responded that he was playing behind Ms. Stover’s back, not behind Martin’s. Martin asked Ms. Stover if she knew Gray, and she confirmed that she did. An argument ensued, prompting Ms. Stover to go outside the store and to bring Brandon to the scene.

Gray, apparently attempting to put an end to the incident, told Martin that he was sorry, that “it ain’t like you think it is,” and that he was simply trying to “holler” at Ms. Stover because he knew her. Peace might perhaps have been restored by Gray’s apology, but at this time Pegues intervened. According to Ms. Stover, Pe-gues told Gray: .

Man, you don’t owe that man no explanation. Fuck that man. He could suck my dick.

Now even angrier, Martin responded that “you going to suck your own dick, because don’t nobody tell me to suck their dick.” The encounter nevertheless ended without any blows being struck, for all of the participants left the store.

Martin, Ms. Stover, Brandon and Ms. Easterwood drove back to Trenton Park. According to Ms. Stover, Martin was still extremely angry over the incident at the liquor store. When the group arrived at the apartment complex, Ms. Easterwood left. Martin remained in the vicinity of the car but told Brandon to “get the things,” or words to that effect. Brandon departed, but returned soon thereafter with two handguns. Paul Simms, a friend of Martin and Brandon, arrived with Brandon. Ms. Stover, apparently apprehensive about the weaponry, attempted to depart. Martin gave her a “serious look,” however, and told her that she wasn’t going anywhere, because she was going to see him4 “suck his own dick.”

Ms. Stover, Martin, Brandon, and Simms drove off in the direction of the liquor store. Once again, Tyrone Martin was at the wheel. As Martin was driving along Wheeler Road, someone yelled “there they go!” Ms. Stover and the others recognized Gray and Pegues, who were travelling on foot. Martin turned the car around and stopped near the two men. Brandon got out of the vehicle and yelled at them. Gray put up his hands, but Brandon shot him in the chest.5 Brandon also fired at Pegues; fortunately he missed. Pegues made his escape as Gray lay on the sidewalk, mortally wounded.

Brandon returned to the car.

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Bluebook (online)
606 A.2d 120, 1991 D.C. App. LEXIS 356, 1991 WL 278999, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-united-states-dc-1991.