People v. Williams

2012 COA 165, 297 P.3d 1011, 2012 Colo. App. LEXIS 1648, 2012 WL 4829492
CourtColorado Court of Appeals
DecidedOctober 11, 2012
DocketNo. 10CA2045
StatusPublished
Cited by16 cases

This text of 2012 COA 165 (People v. Williams) is published on Counsel Stack Legal Research, covering Colorado Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Williams, 2012 COA 165, 297 P.3d 1011, 2012 Colo. App. LEXIS 1648, 2012 WL 4829492 (Colo. Ct. App. 2012).

Opinion

Opinion by

Judge FOX.

{1 Defendant, Tyrone Maurice Williams, appeals the judgment of conviction entered on a jury verdict finding him guilty of first degree felony murder and three counts of aggravated robbery. We affirm in part, reverse in part, and vacate the sentence in part.

I. Background

12 J.T. and his wife, A.T., were at their Denver tattoo shop when two men carrying handguns entered the shop through the back door. The men's faces were covered by masks or bandanas. The robbers ordered AT. and her friend N.C. to the floor, and asked J.T., "Where is the shit [meaning drugs]?" When J.T. lunged at one of the robbers, the other robber shot J.T. The robbers searched J.T.'s pockets and removed cash before leaving the shop. J.T. died from the gunshot wound about thirty minutes after police arrived.

138 J.T. sold marijuana, and occasionally sold cocaine, from the tattoo shop. Before the shooting, Eddie Rideaux, a drug customer, entered the shop through the back door. Rideaux and J.T. spoke for about fifteen minutes, and Rideaux left about ten minutes before the robbery. Rideaux testified that Kenneth Darden and J.T. "had problems" involving the drug-dealing business before the robbery, but Rideaux did not know the details of the dispute.

T4 S.G. testified that Darden had bought drugs from J.T., but did not receive all of the drugs he paid for, and that the two had an argument about the transaction a few days before the robbery. S.G. testified that he learned about the disagreement from Ri-deaux, who asked him to participate in a "lick," (meaning a robbery) of J.T.s tattoo shop. S.G. refused to participate. A few days after the robbery, Rideaux told S.G. that "the lick was done."

115 A detective testified that eight months after the robbery, S.G. told her, "[Rideaux said that the plan was tol wait till dark, till the shop was closed. They were going to run in the back, lay [J.T.] down, take what they [could] ... and run back out." After the robbery, Rideaux told S.G. that he was not worried that J.T. would retaliate because "we blasted him."

1 6 Dewayne O'Bannon, who pled guilty to second degree murder for his involvement in the robbery, testified to the following:

* Darden organized the robbery;
® Williams asked O'Bannon to participate in exchange for money and drugs;
@The plan was for Rideaux to go to the shop to confirm that the drugs were there, and for Williams and O'Bannon to rob the shop;
e Williams carried a .38-caliber handgun, and O'Bannon carried a AS-caliber handgun, but the plan did not involve shooting anyone;
e After Rideaux left the shop, he called Williams and O'Bannon, who were parked nearby, to report that the drugs were there;
[1014]*1014e Williams and O'Bannon, wearing ski masks, entered the shop from the back door and drew their weapons, and O'Bannon told J.T., A.T., and N.C. that he was robbing them;
eJ.T. lunged toward O'Bannon, and as O'Bannon was stepping backward, Williams pushed O'Bannon away and shot J.T.;
e O'Bannon took "wads" of cash from J.T.'s pockets and Williams searched the office; and
e O'Bannon, Williams, Rideaux, and Dar-den shared the stolen money.

17 An expert in firearms and tool-mark analysis testified that the bullet in J.T.'s body was most likely fired from a .88-caliber gun, which was the type of gun that O'Ban-non said Williams carried for the robbery.

18 S.A., Williams' friend since the seventh grade, lived with Rideaux, her boyfriend. She testified that Williams confessed to his involvement in the robbery and the shooting. S.A. told detectives that Williams told her "he went in [the tattoo shop] to rob [J.T.]" and that "[Williams] shot [J.T.]." S.A. testified that Williams told her that, after Ri-deaux left the shop, he and O'Bannon entered the shop. Williams told S.A. that J.T. "was acting all cocky so he just shot him." Williams also told S.A. that they stole some money. S.A. also testified that she did not originally tell police about Williams' confession because she "feared for her life,"

9 TM., who met Williams in the Denver County Jail, testified that Williams asked him, "Well, if somebody don't have no gun and they don't have no prints, then they ain't got nothin', right? I'm cool." Williams did not specify where the crime occurred, but said something "about a shop, some type of shop." T.M. testified that Williams told him that he received $7,000 and "some dope" from the robbery..

110 H.W. testified that she visited Williams in jail and that Williams told her that he had nothing to do with the incident. H.W.'s testimony was impeached when a detective testified that H.W. told him that, when H.W. visited Williams in jail, Williams told her that he was involved in the robbery, but was not the shooter.

11 A jury found Williams guilty of felony murder and three counts of aggravated robbery against J.T., A.T., and N.C. Williams appeals his conviction on grounds that (1) the trial court erred by denying his motion for a mistrial; (2) the trial court erred by admitting testimony that was "fruit of the poisonous tree"; and (8) there was insufficient evidence to support the aggravated robbery convictions.

II. Mistrial

112 Williams first contends that the trial court erred by denying his motion for a mistrial because T.M.'s testimony that Williams threatened him was a discovery violation and was improper under CRE 404(b). We disagree.

A. Standard of Review

113 "A mistrial is a drastic remedy warranted only when prejudice to the accused is so substantial that its effect on the jury cannot be remedied by any other means." People v. Tillery, 231 P.3d 36, 43 (Colo.App.2009), aff'd sub nom. People v. Simon, 266 P.3d 1099 (Colo.2011). "Because the trial court is in a better position to evaluate any adverse effect of improper statements or testimony on a jury, it has considerable discretion to determine whether a mistrial is warranted." Id. We will not disturb a trial court's decision to deny a mistrial "absent a clear showing of an abuse of discretion and prejudice to the defendant." Bloom v. People, 185 P.3d 797, 807 (Colo.2008) (quoting People v. Chastain, 733 P.2d 1206, 1213 (Colo.1987)). A trial court abuses its discretion when its ruling is manifestly arbitrary, unreasonable, or unfair. Tillery, 231 P.3d at 40.

B. Analysis

{14 The challenged testimony occurred during direct examination of TM.:

[Prosecutor:] Did [Williams] tell you in regard to this trial what he expected from
[O'Bannon]?
[T.M.:;] To do the right thing. [Williams] didn't say it to me. He said it to some[1015]*1015body else that I was standing nearby, and I heard him.
[Prosecutor:] Was there a "do the right thing"?
[T.M.:] Or else.
[Prosecutor:] That's what you heard coming out of Mr. Williams' mouth?

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Cite This Page — Counsel Stack

Bluebook (online)
2012 COA 165, 297 P.3d 1011, 2012 Colo. App. LEXIS 1648, 2012 WL 4829492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-williams-coloctapp-2012.