Spencer v. State

636 So. 2d 1269, 1994 Ala. Crim. App. LEXIS 13, 1994 WL 12718
CourtCourt of Criminal Appeals of Alabama
DecidedJanuary 21, 1994
DocketCR 92-1589
StatusPublished

This text of 636 So. 2d 1269 (Spencer v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Spencer v. State, 636 So. 2d 1269, 1994 Ala. Crim. App. LEXIS 13, 1994 WL 12718 (Ala. Ct. App. 1994).

Opinion

BOWEN, Presiding Judge.

The appellant, Edward Lavon Spencer, was convicted of the murder of Willie Lee Hinton, Jr., and was sentenced to imprisonment for life. The only issue raised in this appeal is whether the evidence was sufficient to support the appellant’s conviction.

The evidence presented by the State can be summarized as follows: On the afternoon of March 28, 1992, the appellant and six other young men — Derrick Buford, Antonio Crosby, Laviron Evans, Michael Evans, De-mont Rox, and Kelenski White — gathered underneath a large oak tree located at the corner of Titi and Pecan Streets in an area of Mobile known as “the Bottom.” The young men apparently considered themselves a gang and called themselves the Disciples, but those members who testified indicated that they were not a part of the larger gang also known by that name. Compare A.D.T. v. State, 630 So.2d 165 (Ala.Cr.App.1993). The group or gang met frequently under this particular oak tree. On the afternoon in question, all of the young men except Lavi-ron Evans were drinking beer and wine.

Antonio Crosby testified that on this particular afternoon the appellant had in his possession a “small, one-shot, black-colored .22 [caliber] gun.” R. 48. Crosby stated that although this gun was an automatic, it did not “have a clip in the bottom of it” because the gun was “broken under there.” R. 56. According to Crosby, “in order to shoot the gun [after firing it once] you [would] have to break it down, take the bullet out, put another one in and put it back [together].” R. 56-57. Crosby also stated that the appellant’s gun did not always fire the first time the trigger was pulled — “It would click and if you [pulled the trigger] again it would fire.” R. 54. Crosby testified that while the group was at the oak tree, the appellant was “playing with” the gun and pointing the gun at “everybody, including himself.” R. 49. Crosby identified State’s Exhibit 1 as the gun that the appellant had in his possession that day.

Demont Rox testified that he also saw the appellant with a “black .22 [caliber] pistol” that afternoon. R. 111. Rox stated that he saw the appellant take the gun out of his pocket, “just h[o]ld it,” then put it back in his pocket. R. 112. Rox also identified State’s Exhibit 1 as the gun the appellant had in his possession.

Both Crosby and Rox testified that Michael Evans also had a gun in his possession that afternoon. Crosby described Evans’ gun as “a .32 or .38 caliber gun,” “a revolver type.” R. 53. Rox stated that this gun was a “.32 white pearl handle ... revolver.” R. 114.

After drinking beneath the oak tree for several hours, the seven young men walked to a nearby store to purchase some food. Upon leaving the store, the group walked down Ann Street, then turned onto Congress Street and walked along the sidewalk toward Davis Avenue.1 Crosby indicated that the group was taking this circuitous route back to the oak tree in order to avoid a “confrontation” with a person or persons who had been in the store where the group had stopped. According to Crosby, the appellant and Michael Evans were walking together at the front of the group; Laviron Evans, Kel-enski White, and Demont Rox were walking together in the middle of the group; and Crosby and Derrick Buford were walking together at the back of the group.

Crosby and Rox stated that two men walking in the opposite direction approached the group and that there was an exchange of words between these men and those at the front of the group, although neither Crosby nor Rox knew what was said. Crosby testified that one of the men was then “down on the ground,” but he did not know if the man “was hit, pushed, or what.” R. 54. Rox testified that one of the men bumped into the appellant, that the appellant hit him, and that the man then fell to the ground. Crosby stated that the appellant pointed his gun downward and Crosby heard a click, then heard the gun fire. According to Crosby, at that time, the appellant was “[r]ight in front of the man.” R. 58. Rox stated that the appellant pointed his gun at the man, who [1271]*1271was “cro[u]ched down, and that he then heard a shot. R. 112.

Crosby and Rox also testified that they heard Michael Evans fire his gun. Crosby testified that the man who had been with the victim ran away from the group and that “Michael [Evans] shot at him.” R. 57. Rox testified that he observed Michael Evans with his gun “pointed in the air” and that a “couple of seconds” later he heard a shot. R. 113.

When asked by defense counsel on cross-examination if he saw the victim “reach for his waistline,” Rox replied, “Right before [the appellant] shot him when he was cro[u]ched down. It appeared to me that he was reaching.” R. 122. At this time, the victim was “[a]bout three or four feet in front of [the appellant].” Id. On redirect examination, Rox stated that he did not see a weapon on the victim and that the victim “was almost all the way on the ground” when he was reaching for his waistline. R. 123.

On cross-examination, Crosby stated that he had consumed “about eight beers [and] half a gallon of wine” during the afternoon and that he was “[p]retty much” intoxicated at the time of the incident. R. 61-62. On redirect examination, Crosby testified that his consumption of this amount of alcohol “was an every day thing” and that he was “able to walk and talk without any difficulty.” R. 64. He also stated that the appellant did not appear to have any difficulty in walking or speaking.

Both Crosby and Rox testified that Michael and Laviron Evans were brothers and that Rox was their stepbrother. Crosby also stated that Derrick Buford was a cousin to Michael and Laviron Evans; Rox disclaimed any kinship to Buford.

Anthony Funchess testified that on the afternoon of March 28, 1992, he encountered the victim, whom he knew as B.B., “[o]n Adams Street in the general hang-out area.” R. 70. Funchess stated that the victim accompanied him to a local grocery store, where Funchess bought a bottle of wine, and then to another location, where Funchess purchased cocaine for $30. According to Funchess, he and the victim then walked along the sidewalk on Congress Street, drinking the wine that he had purchased in addition to liquor that each of them had had. Funchess said that, although the victim had wanted to stop at an abandoned house and smoke the cocaine, he had refused to do so.

Funchess testified that he “heard what [he] thought was a bunch of guys, really loud talking, sound[ing] real rough.” R. 72. Fun-chess stated that he told the victim that he was going to cross the street and that he then moved to the center of the street. When the victim said, “Damn them young boys” in a loud voice, Funchess went back to walk beside the victim because he did not want the victim to think that he “was afraid.” R. 72-73. Funchess testified that, as he and the victim came abreast of the group of young men, one of the young men said, “in a fast tone of voice, What do you mean by young boy?”’ R. 73. According to Fun-chess, this young man then hit the victim, knocking him down, and another one of the young men hit Funchess. Funchess stated that he spun away from the blow and ran away from the group. As he did so, he heard two shots. Funchess testified that when he looked back, he saw that the young men were running in the opposite direction, so he turned around and went back toward the victim. He stated that he saw the victim take a few steps, then fall to the ground. When he reached the victim, Funchess discovered that the victim had been shot.

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Bluebook (online)
636 So. 2d 1269, 1994 Ala. Crim. App. LEXIS 13, 1994 WL 12718, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spencer-v-state-alacrimapp-1994.