Roscoe v. State

805 S.E.2d 11, 302 Ga. 19, 2017 Ga. LEXIS 780
CourtSupreme Court of Georgia
DecidedSeptember 13, 2017
DocketS17A0718
StatusPublished
Cited by1 cases

This text of 805 S.E.2d 11 (Roscoe v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roscoe v. State, 805 S.E.2d 11, 302 Ga. 19, 2017 Ga. LEXIS 780 (Ga. 2017).

Opinion

MELTON, Presiding Justice.

Following a jury trial, Tyshawn Roscoe was found guilty of malice murder and various other offenses in connection with the shooting death of John Douglas.1 On appeal, Roscoe contends, among other things, that the evidence presented at trial was insufficient to sup[20]*20port the verdict and that the trial court erred in granting the State’s motion in limine to exclude certain evidence. We affirm.

1. Viewed in the light most favorable to the verdict, the record shows that, on September 30, 2006, Roderick Robinson was at his auto repair shop in Fulton County performing repairs on a white 1999 Dodge Ram truck with an auto dealer tag on it. The repair shop was adjacent to a BNS Auto Sales (“BNS”) store, where the truck was for sale, and the truck had just arrived at the repair shop a few days prior. Robinson also assisted customers who were looking to purchase cars at BNS. Roscoe inquired about the truck, and Robinson took him on a test drive. During the test drive, Roscoe pulled out a gun and ordered Robinson out of the truck. Robinson complied, and Roscoe drove away. Robinson told the owner of BNS about the incident, and the owner informed police. Robinson later identified Roscoe in a police lineup and at trial as the man who had forced him out of the truck at gunpoint.

On the morning of October 5, 2006, several gunshots rang out at the Regency Park Apartments, which was also in Fulton County Douglas had just been shot multiple times and killed in front of one of the apartments. Jordan Dial was walking toward the apartments at the time, and he heard a gunshot followed by screeching tires. Dial saw a white truck pull out of the apartment complex and speed away with two men inside. Dial had seen that same white truck with a dealer tag on it at the apartments the night before the shooting, and he recognized Roscoe as the person who had opened the door of the truck to put something inside of it or take something out of it that night.

On October 11, 2006, police went to the Regency Park Apartments, where they found Roscoe standing between two buildings. As they approached him, Roscoe started to walk away One of the police [21]*21officers, Detective Israel, identified himself and ordered Roscoe to stop. Instead, Roscoe reached under his shirt and began to run. Afoot chase ensued, and, at one point, Detective Israel noticed that Roscoe was no longer running with his arm under his shirt. After losing sight of Roscoe, Detective Israel retraced Roscoe’s steps and found a firearm in the center of the path. The firearm was dry despite a heavy rain a few hours before. Subsequent testing of the firearm and the bullets recovered from Douglas’ body revealed that the bullets had been fired from this gun, and later testimony from Robinson revealed that this gun looked similar to the one used by Roscoe to force him from the white truck on September 30, 2006. Roscoe’s fingerprints and palm prints were also found on the 1999 white Dodge Ram truck. Police continued to search for Roscoe in the apartment complex, and they eventually saw him emerge from behind a building. Police caught up to Roscoe, where they were eventually able to subdue him after Roscoe reached for Detective Israel’s firearm.

This evidence was sufficient to enable the jury to find Roscoe guilty of the crimes for which he was convicted beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SCt 2781, 61 LE2d 560) (1979).

2. Roscoe claims that the trial court abused its discretion by granting the State’s motion in limine to exclude hearsay testimony allegedly showing that someone other than Roscoe had murdered Douglas. Specifically, Roscoe contends that the trial court should have allowed his roommate, Harold Bird, to testify that, while Bird was incarcerated, an inmate named Douglas Graves told Bird that Graves and a man named Arthur Moore were the ones who actually committed the murder. We disagree.

In general, hearsay “declarations to third persons against the declarant’s penal interest, to the effect that the declarant, and not the accused, was the actual perpetrator of the offense, are not admissible in favor of the accused at his trial.” (Citations omitted.) Timberlake v. State, 246 Ga. 488, 492 (1) (271 SE2d 792) (1980).2 Indeed, “if such admissions were allowed as evidence upon the trial of the accused, a person could subvert the ends of justice by admitting the crime to others and then absenting himself.” Id. However, “the hearsay rule may not be applied mechanistically to defeat the ends of justice when the rejected testimony b[ears] persuasive assurances of trustworthiness and [i]s critical to (the) defense.” Grell v. State, 291 Ga. 615, 618 (2) (732 SE2d 741) (2012), quoting Chambers v. Mississippi, 410 U. S. [22]*22284, 302 (93 SCt 1038, 35 LE2d 297) (1973). Such evidence “may be admitted in the guilt-innocence phase under exceptional circumstances that show a considerable guaranty of the hearsay declarant’s trustworthiness. The trial court must determine whether the value and reliability of the tendered hearsay evidence outweigh the harm resulting from a violation of the evidentiary rule.” (Citation and punctuation omitted.) Brown v. State, 288 Ga. 902, 906 (4) (708 SE2d 294) (2011).

Here, we find no abuse of discretion in the trial court’s decision to exclude Bird’s testimony During his proffer to the trial court, Roscoe claimed that Bird would testify that Graves told Bird that he and Moore had committed the murder. However, as the State pointed out, when Graves was interviewed by police, Graves denied that he had anything to do with Douglas’ murder and he further denied ever making any statement to Bird admitting to the murder. The police also conducted an independent investigation of both Graves and Moore based on Bird’s allegations and found no relevant evidence in the men’s apartments to connect them to Douglas’ murder. Nor did they find any fingerprint evidence to connect the men to the white truck used as the getaway vehicle. Thus, the only evidence directly connecting Graves and Moore to the murder was the uncorroborated hearsay statement of Roscoe’s roommate that was based on statements that Graves, himself, denied ever making. We find no error in the trial court’s decision to exclude this proffered testimony See, e.g., Grell, supra. See also McCray v. State, 301 Ga. 241, 249 (6) (799 SE2d 206) (2017) (“This Court reviews a trial court’s decision to admit or refuse to admit evidence for abuse of discretion”); Thompson v. State, 277 Ga. App. 323, 324(2) (626 SE2d 825) (2006) (“Atrial court’s ruling on a motion in limine is reviewed for abuse of discretion”) (citation omitted).

3. Roscoe asserts that the trial court erred in denying his motion for a mistrial after Detective Israel testified that he went to the apartment complex to look for Roscoe based on an anonymous caller who indicated that a person who was seen the morning of the murder was standing between some buildings in the complex. However, the trial court sustained Roscoe’s objection to this testimony as impermissible hearsay and further gave a comprehensive curative instruction to the jury to inform them that the testimony should not be considered. The jurors are presumed to have followed this instruction (see Johns v. State, 274 Ga.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Roscoe v. State
Supreme Court of Georgia, 2017

Cite This Page — Counsel Stack

Bluebook (online)
805 S.E.2d 11, 302 Ga. 19, 2017 Ga. LEXIS 780, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roscoe-v-state-ga-2017.