Simmons v. State

813 So. 2d 710, 2002 WL 535910
CourtMississippi Supreme Court
DecidedApril 11, 2002
Docket2000-KA-02009-SCT
StatusPublished
Cited by29 cases

This text of 813 So. 2d 710 (Simmons v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Simmons v. State, 813 So. 2d 710, 2002 WL 535910 (Mich. 2002).

Opinion

813 So.2d 710 (2002)

Byron J. SIMMONS
v.
STATE of Mississippi.

No. 2000-KA-02009-SCT.

Supreme Court of Mississippi.

April 11, 2002.

*711 Robert M. Ryan, Thomas M. Fortner, Andre De Gruy, Jackson, attorneys for appellant.

Office of the Attorney General, by Jeffrey A. Klingfuss, attorneys for appellee.

Before SMITH, P.J., DIAZ AND EASLEY, JJ.

EASLEY, J., for the court.

¶ 1. Byron J. Simmons (Simmons) was indicted for the murder of Angela Wilkerson (Wilkerson). The indictment specifically charged that on or about October 12, 1998, Simmons did unlawfully and feloniously kill and murder Wilkerson with the deliberate design to effect her death, in violation of Miss.Code Ann. § 97-3-19(1). Simmons was tried by a jury commencing on August 8, 2000, concluding on August 9, 2000. Simmons was convicted on the charge and subsequently sentenced to a term of life imprisonment in the custody of the Mississippi Department of Corrections. After the trial court denied Simmons's motion for J.N.O.V. and New Trial on November 10, 2000, Simmons timely noticed his appeal to this Court on November 20, 2000.

FACTS

¶ 2. Simmons and Wilkerson were romantically linked for years and had previously lived together at one time and had contemplated marriage. However, at the time of Wilkerson's death, Simmons and Wilkerson were no longer living together.

¶ 3. The cause of Wilkerson's death was a gunshot wound to the left side of her head. The recovered projectile entered the left cheek of Wilkerson's face, traveled through her skull and severed her spinal cord, causing her death. John F. Dial, III (Dial), a firearms expert, identified the recovered projectile as being fired from a.38 caliber revolver type pistol.

¶ 4. Dr. Rodrigo Galvez (Dr. Galvez), forensic pathologist, testified that the gunpowder soot or "tatooing" on the skin indicated that the shot was fired at very close range. Dr. Galvez testified that the longest Wilkerson could have lived from the fatal shot was four to five minutes. Dr. Galvez testified that due to the severing of *712 her spine, Wilkerson was not able to move from the neck down which caused her to collapse before she died.

¶ 5. Subsequent to Wilkerson's shooting, Simmons went to the City of Jackson Police Station where he was questioned. After being questioned, Simmons showed the officers to Wilkerson's apartment. Officer Ruby Johnson (Officer Johnson) testified that she spoke with Simmons on October 13, 1998, at approximately 12:30 a.m., at Court Services located in the Jackson Police Department. Officer Johnson was first informed that Simmons and his girlfriend had an altercation and that Simmons wanted to turn himself in believing he had hurt his girlfriend. When Officer Johnson met with Simmons, Simmons told her that he and his girlfriend had an argument which resulted in his accidently shooting her.

¶ 6. Simmons was not under arrest when he initially spoke with Officer Johnson. Simmons agreed to show Officer Johnson where he left Wilkerson. Simmons, who still was not under arrest at the time, traveled with Officer Johnson in her patrol car to Wilkerson's apartment located at 117 Bon Air, in Jackson, Mississippi. When Officer Johnson arrived at the scene of Wilkerson's apartment, Wilkerson's door was partially open. Officer Johnson, along with the other units that arrived at the scene, discovered Wilkerson's body lying in a pool of blood with a wound on her cheek. Simmons was arrested and read his Miranda rights.

¶ 7. After being Mirandized, Simmons told Officer Johnson again that he and Wilkerson had been in an argument and he shot her accidentally. After he shot Wilkerson, Simmons left Wilkerson's apartment, frantically drove around and threw the weapon off a bridge. On redirect, Officer Johnson testified that she observed the gunshot wound but no other bruises, scratches or other injuries on Wilkerson's body. Officer Johnson further testified that she observed no signs of a physical struggle in the apartment.

¶ 8. Jackson Crime Scene Investigator Charles Taylor (Taylor) testified as to the evidence collected and documented at Wilkerson's apartment. Taylor testified that Wilkerson was found deceased, lying face up on the floor partly in the west bedroom and partly in the hallway. Taylor also testified as to the condition of Wilkerson's apartment. He stated, "The apartment was not well-kept, although there was no sign of a fight in the apartment. There was no furniture thrown around. There was basically no sign of a fight at all." There was no sign of forced entry to the apartment. No gunshell casings were discovered in the apartment.

¶ 9. Taylor testified at trial that he collected a gunshot residue (GSR) kit from Simmons. Taylor explained that once collected, Simmons's GSR test was sent to the crime lab to be examined on a scanning electron microscope. The test results were mailed back to Taylor. While Taylor testified that the results came back positive, he also expressed his lack of confidence in GSR testing. Taylor testified that since you cannot tell whether a person actually fired a gun himself or whether he was only in the same area of someone else firing a gun, he did not place confidence in the GSR testing results.

¶ 10. David Whitehead (Whitehead), a forensic scientist with the Mississippi Crime Lab in the microanalysis section, testified as to Simmons's gunshot residue. Whitehead, was accepted as an expert by the trial court, over Simmons's objections, to testify as to the scientific certainty of whether the recovered particles from Simmons were consistent with Simmons being the shooter.

*713 ¶ 11. Wilkerson's mother, Sandra Purvis (Purvis), testified at trial as to the on again, off again relationship between Wilkerson and Simmons. The trial court allowed Purvis to testify as to an altercation that occurred between Wilkerson and Simmons approximately four months prior to Wilkerson's death. According to Purvis's testimony, on July 8, 1998, Wilkerson was hospitalized as a result of an altercation with Simmons. Simmons moved out of Wilkerson's apartment following the incident. Purvis testified that to her knowledge, Wilkerson never resumed a relationship with Simmons.

¶ 12. The jury returned with its verdict of guilty as charged in the indictment, and the trial court sentenced Simmons to a term of life imprisonment. Aggrieved by the verdict and the sentence imposed by the court, Simmons now appeals to this Court and raises the following issues:

I. Whether the trial court unfairly prejudiced and denied Simmons a fair trial by allowing the expert opinion regarding the testing of the gunshot residue samples?
II. Whether the trial court erred in allowing the introduction of evidence of Simmons's prior bad acts?
III. Whether the trial court erred in admitting hearsay statement from the victim's mother?
IV. Whether the cumulative error requires reversal?

DISCUSSION

I. Unfair Prejudice

¶ 13. Simmons argues that the trial court committed reversible error in admitting the expert opinion testimony of Whitehead regarding the results of the gunshot residue testing. Simmons contends that he was unfairly prejudiced by Whitehead's testimony and thereby received a fundamentally unfair trial. Simmons argues that Whitehead's results were inconclusive, speculative and unfairly prejudicial to the defense.

¶ 14.

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Cite This Page — Counsel Stack

Bluebook (online)
813 So. 2d 710, 2002 WL 535910, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simmons-v-state-miss-2002.