Rouster v. State

981 So. 2d 314, 2007 WL 4109393
CourtCourt of Appeals of Mississippi
DecidedNovember 20, 2007
Docket2006-KA-00451-COA
StatusPublished
Cited by10 cases

This text of 981 So. 2d 314 (Rouster 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
Rouster v. State, 981 So. 2d 314, 2007 WL 4109393 (Mich. Ct. App. 2007).

Opinion

981 So.2d 314 (2007)

Daron J. ROUSTER, Appellant
v.
STATE of Mississippi, Appellee.

No. 2006-KA-00451-COA.

Court of Appeals of Mississippi.

November 20, 2007.
Rehearing Denied April 15, 2008.

*315 Shaun Eren Yurtkuran, Jackson, attorney for appellant.

Office of the Attorney General by Deirdre McCrory, attorney for appellee.

Before KING, C.J., BARNES and ISHEE, JJ.

BARNES, J., for the Court.

¶ 1. After a trial in the Circuit Court of the First Judicial District of Hinds County, a jury found Daron Rouster guilty of the charge of murder and two charges of aggravated assault. Rouster was sentenced to life imprisonment for the murder charge and twenty years for each aggravated assault charge, to be served consecutively. Rouster now appeals, raising one issue: whether the trial court abused its discretion in excluding testimony about whether the two victims of aggravated assault were intoxicated. Finding no error, we affirm.

SUMMARY OF FACTS AND PROCEDURAL HISTORY

¶ 2. On the morning of February 16, 2005, Rouster was at the apartment of his girlfriend, Rhonda Brown, in Jackson, Mississippi. Other people present and residing in the three bedroom apartment were Rhonda's two children (one toddler and one infant), both fathered by Rouster, and Rhonda's two brothers, Christopher and Corderries, who were sixteen and twenty years old at the time. Rouster and Rhonda had been in a relationship for about three years, and Rouster was a frequent overnight guest of Rhonda's at the apartment. Testimony conflicts about whether Rouster had spent the night the evening before, but regardless, it is undisputed an altercation ensued that morning between Rouster and Rhonda in her bedroom. Christopher and Corderries, who were playing video games in the living room, heard Rhonda scream for help. While testimony also conflicts about what happened next, the following tragic facts are undisputed: Christopher was shot in the arm; Corderries was shot three times resulting in paralysis from the waist down; Rhonda was stabbed twice and received three gunshot wounds, two of which were lethal shots to her head; and Rouster sustained multiple stab wounds and non-fatal gunshot wounds to his hand and throat. All shell casings and projectiles found at the scene, totaling approximately seventeen, were found to have come from a nine millimeter weapon.

¶ 3. At trial, Corderries, Christopher, the apartment manager, and two Jackson police officers testified for the State, as well as a Mississippi Crime Lab firearms expert and the State's chief forensic pathologist, Dr. Stephen Hayne, who performed Rhonda's autopsy. Corderries and Christopher claim that after they heard Rhonda scream for help they went to assist *316 her, at which point Rouster pointed a Tech-9 semi-automatic machine gun at their faces. Corderries maintains that Rouster put a clip in the gun and shot at Christopher, who ran past Rouster trying to get out of the apartment. Corderries tried to run to Rhonda but was shot several times and paralyzed instantly from the waist down. Corderries testified he then saw Rouster shoot Rhonda in the head at close range as she was sitting on her bed. Christopher testified he managed to leave the apartment to get help at a nearby apartment. Corrderries stated that Rouster left the room where Corderries and his lifeless sister were. Rouster returned with a kitchen knife, sat on the bed, and started slashing his own chest and wrists. The apartment manager testified she had been to the apartment briefly on the same day before this incident occurred to take renovation photographs, at which time everything had seemed fine. Later, however, from her office window she saw Rouster drop to his knees in the apartment's parking lot and attempt to shoot himself in the head with a Tech-9 machine gun.

¶ 4. The police officers who responded to the scene found a Tech-9 weapon in a grassy area near the parking lot. They followed drippings of blood up the stairs to Rhonda's apartment where they found Rouster on a bed groaning, slashing his wrist with a knife. The officer stated Rouster ignored several verbal commands to put down the knife. Corderries, who was lying in a corner of the bedroom, called out to the officer for help and stated that his sister was nearby dead. While waiting for medical assistance to arrive and keeping visual contact on Rouster, the officer stated that Rouster crawled to the bathroom, filled the bathtub with water, and got in it.

¶ 5. The State's forensic pathologist expert, Dr. Stephen Hayne, testified that the trajectories in Rhonda's three gunshot wounds indicated they had been inflicted from above her. Also, her stab wounds were indicative of a defensive posture. He deemed Rhonda's manner of death a homicide.

¶ 6. Rouster, who was unable to speak because of a gunshot wound to his throat, recounted the following version of events by writing during his examination. He claimed that he had spent the night with Rhonda. That morning, she started an argument with him when he tried to leave, accusing him of leaving to visit another girlfriend. Rouster testified that Rhonda got mad and stabbed him with a knife in the chest and called her brothers for help. Christopher and Corderries would not let Rouster leave, so he reached under the mattress and retrieved a Tech-9 machine gun. Rouster testified that, while fighting over the gun, Corderries, Christopher and Rhonda were all shot. Rouster also claims Rhonda tried to cut his penis off with the knife. Rouster denied shooting or stabbing Rhonda. Rouster admitted he drew a bath because he said he was burning from his wounds. Rouster did not remember shooting himself under the chin in the parking lot.

¶ 7. At issue in this appeal is the cross-examination of Corderries during the State's case-in-chief, when Rouster's defense attorney asked him if he and his brother had been smoking marijuana before the shooting ensued. The district attorney objected as to relevance, and ultimately, the trial judge sustained the objection. The colloquy was as follows:

MR. SMITH [Attorney for Rouster]:
Were you all smoking marijuana?
MR. DOLEAC [Assistant District Attorney]:
Objection, your Honor, to relevance.
THE COURT: Mr. Smith, you and Mr. Doleac approach the bench.
*317 (BENCH CONFERENCE OUTSIDE THE HEARING OF THE JURY:)
THE COURT: What are you doing?
MR. SMITH: Well, based on my investigating and the information that I am getting from Mr. Rouster he wants me to ask questions based on what he says happened in that apartment.
THE COURT: Assuming the answer is yes, that they were, what's the probative value?
MR. SMITH: I think it goes to state of mind and credibility.
THE COURT: All right. In what way would it affect credibility?
MR. SMITH: If they were able to show propensity to —
. . . .
(JURY EXCUSED FROM THE COURTROOM. THE FOLLOWING PROCEEDINGS OCCURRED OUTSIDE OF THEIR PRESENCE.)
THE COURT: All right. At the bench, Mr. Smith, you indicated that you felt the testimony would affect the credibility of the witness.
MR. SMITH: That's correct, your Honor.
THE COURT: I need you to tell me how it would do so.
MR. SMITH: We believe, your Honor, that if it's — if the jury believes that Mr.

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Bluebook (online)
981 So. 2d 314, 2007 WL 4109393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rouster-v-state-missctapp-2007.