Ravencraft v. State

989 So. 2d 437, 2008 WL 3311890
CourtCourt of Appeals of Mississippi
DecidedAugust 12, 2008
Docket2007-KA-01825-COA
StatusPublished
Cited by19 cases

This text of 989 So. 2d 437 (Ravencraft 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
Ravencraft v. State, 989 So. 2d 437, 2008 WL 3311890 (Mich. Ct. App. 2008).

Opinion

989 So.2d 437 (2008)

Buddy John RAVENCRAFT, Appellant,
v.
STATE of Mississippi, Appellee.

No. 2007-KA-01825-COA.

Court of Appeals of Mississippi.

August 12, 2008.

*438 George T. Holmes, Jackson, attorney for appellant.

Office of the Attorney General by Stephanie Breland Wood, attorney for appellee.

Before LEE, P.J., CHANDLER, GRIFFIS and ROBERTS, JJ.

ROBERTS, J., for the Court.

¶ 1. On September 19, 2007, a jury sitting before the Amite County Circuit Court found Buddy John Ravencraft guilty of murder, grand larceny, and unlawful possession of a motor vehicle. Incident to the murder conviction, the circuit court sentenced Ravencraft to life imprisonment. As for Ravencraft's grand larceny conviction, the circuit court sentenced Ravencraft to ten years to run consecutive to Ravencraft's life sentence. Finally, the circuit court sentenced Ravencraft to five years for unlawful possession of a motor vehicle to run consecutive to Ravencraft's ten-year sentence for grand larceny. Aggrieved, Ravencraft appeals.

*439 ¶ 2. Ravencraft raises two issues based on ineffective assistance of counsel. First, Ravencraft argues that his counsel was ineffective because he failed "to object to improper prejudicial evidence." Second, Ravencraft argues that his counsel was ineffective because he did not request a lesser-included manslaughter instruction. Finally, Ravencraft argues that the weight of the evidence does not support a murder conviction. Finding no error, we affirm.

FACTS AND PROCEDURAL HISTORY

¶ 3. As a preliminary matter, it is necessary to discuss the various individuals involved in this case, as well as the relationships between those people. Ravencraft was found guilty of the murder of Jerry Wayne Simmons. Jerry was sixty-one years old when Ravencraft killed him. Ravencraft did not happen upon Jerry by some unfortunate stroke of luck. Rather, Ravencraft's older sister, Bobbie Miller, lived with Jerry. Bobbie was the former wife of Jerry's stepson, Ed "Stoner" Jones. Jerry took in Bobbie and her two children—one of whom was Jerry's grandchild. However, Jerry and Bobbie's relationship was not purely one of cohabitation. Jerry and Bobbie were sexually involved as well. Based on the record before us, it appears that this aspect of their relationship was ultimately the catalyst that led to Jerry's murder.

¶ 4. As of Wednesday, October 18, 2006, Bobbie was on probation for misdemeanors, and Ravencraft had recently been released from prison. They happened across one another during an overlapping visit to their respective probation and post-release supervision officers. Ravencraft asked Bobbie whether he could spend the night at Jerry's house. Bobbie asked Jerry, and Jerry consented.

¶ 5. The next day, per her routine, Bobbie woke up around 2:00 p.m. Bobbie and Ravencraft visited Bobbie's "boyfriend" Russell Lovett (Russell) and started drinking. At some point, Ravencraft discovered that Bobbie was sexually involved with Jerry. Ravencraft became upset. He told Bobbie she was a "disgrace to the Ravencraft name."

¶ 6. Disgraced name notwithstanding, Ravencraft asked Bobbie whether he could spend another night at Jerry's house. Because it was up to Jerry, Bobbie and Ravencraft went back to Jerry's house to ask him. When Jerry arrived, he told Bobbie that Ravencraft could spend the night, but for one more night only.

¶ 7. Jerry had recently purchased some beer and tequila, which he shared with Ravencraft. Later, Jerry managed to call Bobbie into the kitchen to discuss whether Ravencraft's presence might alter their routine Thursday-night-sexual rendezvous. Bobbie told Jerry that Ravencraft's presence would not change their schedule, so Jerry took his medication. According to Bobbie, Ravencraft must have overheard that conversation because Ravencraft walked into the kitchen and asked "what pill [Bobbie and Jerry were] talking about."

¶ 8. By Bobbie's version of events, Jerry and Ravencraft went back into the living room, where they talked and laughed. However, Ravencraft began to behave sarcastically toward Jerry. At trial, Bobbie testified that Ravencraft was "pitching things at" Jerry. Bobbie paraphrased Jerry as having asked Ravencraft whether he "did something" to upset Ravencraft. Bobbie testified that Ravencraft laughed and said, "no." However, Bobbie responded affirmatively when asked whether it was obvious that Ravencraft was upset about something.

*440 ¶ 9. The tension continued to escalate when Ravencraft stood behind Jerry while Jerry read a newspaper. According to Bobbie, Ravencraft "pick[ed] on [Jerry]" about Jerry's gray hair. Jerry did not accept Ravencraft's teasing him without responding. Jerry asked Ravencraft why he was standing behind him. Ravencraft replied that he was "just looking" at the newspaper. Jerry retorted and suggested that Ravencraft was illiterate when he said, "well, I know you can't read." Bobbie testified that Jerry "didn't mean nothing by it." However, Bobbie also testified that Ravencraft "didn't like [Jerry's comment] too much."

¶ 10. Ravencraft returned to his spot on a couch near Jerry's chair, but it appears that the verbal sparring between Ravencraft and Jerry continued to escalate. Jerry continued to ask Ravencraft why he was upset. Bobbie's testimony did not clarify how they got on the topic, but eventually Jerry apparently began to discuss Ravencraft and Bobbie's father, who was ill. Bobbie testified, "[Jerry] didn't mean nothing by it. Just saying everybody's going to die, you know." It is unclear exactly what was said, but whatever it was, Ravencraft "didn't like it too much" either. Based on the context of Bobbie's testimony, it appears that Ravencraft took whatever Jerry said as an insult to his and Bobbie's father.

¶ 11. At that point, the verbal confrontation escalated and became physical. Bobbie testified that Jerry "had done had enough." When Jerry got up to go into the kitchen, Ravencraft "grabbed him from behind and choked him to the floor." Bobbie elaborated that Ravencraft grabbed Jerry around the neck, that she heard Jerry's neck pop, and that Ravencraft said "he had broken [Jerry's] neck." Bobbie testified that Jerry's body was "jumping around" and that Jerry appeared to be breathing.

¶ 12. Bobbie called Russell and told him that Ravencraft "had just hurt [Jerry]." Russell told Bobbie he was on his way. Meanwhile, Ravencraft was "hollering" to Bobbie that she should "get whatever [she] need[ed] and . . . get out." When Ravencraft saw that Bobbie had a telephone, he "snatched the phone slap out of the wall."

¶ 13. Ravencraft had Jerry's blood on his hands because Jerry's nose was bleeding. Ravencraft then left the living room, but Bobbie did not know where he went. According to Bobbie, she began to get her bags together. When Bobbie returned to the living room, she saw Ravencraft put a pillow over Jerry's head. Ravencraft then shot Jerry once, "point blank." Ravencraft told Bobbie to "get the f—out." Bobbie complied. Bobbie heard two more shots as she ran outside.

¶ 14. Bobbie got in her car and drove to the "end of the road" where she met Russell. Bobbie told Russell that Ravencraft killed Jerry. Russell told Bobbie to follow him back to his brother's house. Bobbie did not see Ravencraft again until he "came out behind us in" Jerry's burgundy 2002 Chevrolet S-10 pickup. In separate vehicles, they all proceeded to Russell's brother's house.

¶ 15.

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Cite This Page — Counsel Stack

Bluebook (online)
989 So. 2d 437, 2008 WL 3311890, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ravencraft-v-state-missctapp-2008.