Price v. United States

813 A.2d 169, 2002 D.C. App. LEXIS 723, 2002 WL 31907044
CourtDistrict of Columbia Court of Appeals
DecidedDecember 26, 2002
Docket01-CF-934
StatusPublished
Cited by17 cases

This text of 813 A.2d 169 (Price 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
Price v. United States, 813 A.2d 169, 2002 D.C. App. LEXIS 723, 2002 WL 31907044 (D.C. 2002).

Opinion

WAGNER, Chief Judge.

Appellant, Rufus R. Price, was indicted along with two co-defendants, Alphonso King and Anthony Thompson, on charges of first-degree murder while armed (premeditated) (M I w/a) (D.C.Code §§ 22-2401, 1 -3202 2 (1996)); possession of a firearm during a crime of violence (PFCV) (ie., M I w/a premeditated) (D.C.Code § 22-3204(b) 3 ■ (1996)); first-degree murder while armed-felony murder (purposely) (D.C.Code §§ 22-2401, -3202); possession of a firearm during a crime of violence (ie., M I w/a-felony murder) (D.C.Code § 22-3204(b) (1996)); assault with intent to kill while armed (AWIK w/a) (D.C.Code §§ 22-501, 4 -3202 (1996)); possession of a firearm during a crime of violence (ie., AWIK w/a) (D.C.Code § 22-3204(b)); and carrying a pistol without a license (CPWL) (D.C.Code § 22-3204(a) (1996)) — one count as to each co-defendant. In a joint trial, the trial court (Judge Rufus King) granted Price’s motion for judgment of acquittal on the felony murder and PFCV counts. The jury returned a verdict of not guilty on the first-degree murder while armed count. A mistrial was granted on the remaining charges for which the jury could not reach unanimous verdicts. Subsequently, Price’s co-defendants entered guilty pleas, and Price had a second trial on the following offenses: second-degree murder while armed (M II w/a); PFCV (related to M II w/a); assault with intent to kill while armed (AWIK w/a); PFCV (related to AWIK w/a); and CPWL. The jury returned guilty verdicts against Price, on the following charges: assault with a dangerous weapon' (ADW), as a lesser-included offense of AWIK w/a; PFCV (related to *171 the ADW, the lesser-included offense of AWIK w/a) and CPWL. They acquitted Price of second-degree murder while armed and AWIK w/a. 5 Price argues that the evidence was insufficient to support his convictions of carrying a pistol without a license and assault with a dangerous weapon. We conclude that the evidence was insufficient to prove beyond a reasonable doubt that the pistol Price carried was operable, and therefore, reverse his conviction of carrying a pistol without a license. Otherwise, we affirm the judgment of the trial court.

I.

The charges arose out of the murder of Levar Cunningham, which occurred on November 25, 1998 at about 11:00 p.m. in the area of Eastern Avenue and Sheriff Road, N.E. in the District of Columbia. According to the testimony of Tanina Ash-mon, while in the area that night, she saw Price and his former co-defendants, Alphonso Jenkins and Anthony Thompson, each carrying handguns, walking around the neighborhood. She described the weapons as “regular nine’s” or “.38,” about eight to ten inches long. She heard Alphonso King “ranting and raving about killing everybody on the block.” Ashmon, who admitted that she had been out there selling marijuana, followed the men. She saw another man, Michael Moore, whom she knew only as M & M, walking down the street. Then she saw M & M standing between Price, King and Thompson, and she heard Price ask M & M who shot at his car, while King continued a tirade about “niggers in the hood.” Ashmon testified that as she continued walking, the “ranting and raving” continued, and then multiple shots rang out. She then ran.

Michael Smith, who lived in an apartment building in the 1900 block of 52nd Street, N.E. at the time, testified that he heard several shots at about 11:15 p.m. that night, and from his window he saw three men running away from Sheriff Road after the shooting stopped. According to Smith, within minutes, more shots rang out, and he noticed a few people hiding behind a car. When the shooting stopped the last time, Smith saw Michael Moore emerge from behind a car and go towards a body.

Michael Moore testified that he lived in the area and was a close friend of Levar Cunningham, the decedent. He testified that they had a cookout that evening which Cunningham attended. Moore testified that sometime after the event ended, some men came into the area, and Cunningham told him to run, and both of them ran to the top of 52nd Street. Moore recounted that while on 52nd Street and Sheriff Road, he saw Price, King and Thompson, whom he knew from the neighborhood, walking towards him. He heard Price “discussing something that went on some days before.” Moore testified that King and Thompson appeared to be upset about something, while Price was cordial and appeared to be “just laid back with it.” According to Moore, after the discussion ended, King, who had a black semi-automatic Baretta, shot Cunningham. He testified that Thompson also had a semi-automatic weapon, and Price had a revolver. Moore testified that both Thompson and King were pointing their weapons, while Price had his weapon at his side. He further testified that when the shot was fired at Cunningham, Price appeared to be surprised. After Cunningham was shot, he and Price ran in different directions. *172 Moore testified that he heard additional shots, but he could not tell who was firing them because he ran down the street and hid behind a car on Sheriff Road. After the shooting, Moore went back to the area where he saw Cunningham, who was on the ground with a fatal gunshot wound to the head. The police arrived within minutes; however, Moore did not tell the police that he had witnessed the shootings until two or three years later.

There was evidence that eleven shell casings were recovered from the area where the three armed men were located at the time of the shootings. Six of the cartridge casings were determined to be .38 Winchester casings, which were fired from the same semi-automatic handgun; the five others were fired from the same .45 caliber semi-automatic handgun. The police also recovered a copper bullet jacket with some markings, but the government’s expert witness, Torin Súber, testified that he could not determine exactly what type of weapon it came from, although he thought it was a .45 based on its weight. The expert testified that he could not determine what type of weapons were used to fire additional bullet fragments and a mutilated copper bullet jacket. There was testimony that shell casings are emitted from semi-automatic weapons upon firing, but not from revolvers. According to Moore’s testimony, King and Thompson were carrying semi-automatic weapons, while Price had a revolver. The police searched for other ballistic evidence in the area of Sheriff Road and 52nd Street, but none was found.

II.

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Bluebook (online)
813 A.2d 169, 2002 D.C. App. LEXIS 723, 2002 WL 31907044, Counsel Stack Legal Research, https://law.counselstack.com/opinion/price-v-united-states-dc-2002.