State v. Brown

796 N.W.2d 169, 2011 Minn. App. LEXIS 41, 2011 WL 1466332
CourtCourt of Appeals of Minnesota
DecidedApril 19, 2011
DocketNo. A10-672
StatusPublished

This text of 796 N.W.2d 169 (State v. Brown) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Brown, 796 N.W.2d 169, 2011 Minn. App. LEXIS 41, 2011 WL 1466332 (Mich. Ct. App. 2011).

Opinion

OPINION

ROSS, Judge.

James Brown appeals from his felony drive-by shooting convictions, arguing that the evidence was insufficient to establish the immediacy element implicit in the statute. Because sufficient evidence does not establish beyond a reasonable doubt that Brown fired a gun “having just exited from a motor vehicle,” we reverse the convictions.

FACTS

James Brown and Rufus Russel had a violent rivalry with Randell Robertson, Curtis Cousin, and Anthony Randolph. The feuding groups frequented the same parties and bars and were interested in dating the same women. Verbal and physical fights punctuated their nights out in Alexandria.

In the early morning hours of November 12, 2008, shots were fired at Robertson, Cousin, and Randolph’s Kenwood Street home. No one was hurt. Police investigated and the state charged Brown with drive-by shooting of an unoccupied car and of an occupied building and felon in possession of a firearm. See Minn.Stat. § 609.66, subd. le(a), (b) (2008) (drive-by shootings); Minn.Stat. § 609.165, subd. lb(a) (2008) (felon in possession).

Evidence at Brown’s trial proved that Robertson, Cousin, and Randolph were inside drinking when Randolph noticed a car drive past the house twice. Sometime later, he heard gunshots allegedly fired toward the house. Randolph’s testimony did not indicate how much later. He at first testified ambiguously, but in a manner that at least momentarily may have led jurors to believe that Brown had fired on the house from a moving car, literally in drive-by fashion. But during cross-examination, Randolph openly retreated from the impression, clarifying, “[A]ll I’m saying is after the second time, that’s when I heard bullets. That’s what I can tell you.”

The jury also heard from Lauren Kuja-wa, who recounted the events of the evening leading up to and occurring immediately after the shooting. Brown, Russel, and Kujawa, who was Russel’s former girlfriend, had gone to the VFW bar. After the bar closed, Russel asked Kujawa to drive him and Brown to Brown’s girlfriend’s house, and she agreed. Russel gave her directions and Brown eventually asked her to stop the car. Russel and Brown exited the car. They argued. Ku-jawa remained inside. She tried to distract herself from the argument, first closing the windows and then turning on the [171]*171radio. She also rummaged through her glove box. Russel alone got back into the car, and they talked. Russell began telling Kujawa that he missed her and still loved her. They talked about their prior relationship. They talked about Russel’s new relationship. They also discussed Kuja-wa’s recent marriage. During their discussion, Kujawa heard unidentifiable loud noises that she would later understand were gunshots. But at the time, she thought that Brown was pounding on a door or hitting garbage cans. Brown soon returned and entered the backseat. Kuja-wa then noticed a handgun protruding from his pants. Brown ordered her to drive away. Kujawa realized later that she had stopped her car within blocks of the Kenwood residence where the shooting took place.

A jury found Brown guilty of all charges. He appeals only his drive-by shooting convictions.

ISSUE

Does the trial evidence support the jury’s finding that Brown discharged a firearm “having just exited from a motor vehicle” within the meaning of Minnesota Statutes section 609.66, subdivision le?

ANALYSIS

Brown argues that the evidence is insufficient to support his convictions of felony drive-by shootings. We analyze insufficient-evidence claims by determining whether a jury could reasonably find that the defendant was guilty based on the facts in the record and the legitimate inferences they present. Bernhardt v. State, 684 N.W.2d 465, 476-77 (Minn.2004). Brown committed a felony drive-by shooting if, “while in or having just exited from a motor vehicle, [he] recklessly discharge[d] a firearm at or toward another motor vehicle or a building.” Minn.Stat. § 609.66, subd. le.

Brown contends that at most the evidence supports findings that he exited a car, got into an argument outside the car, walked one or more city blocks from the car, and then discharged a firearm before returning to the car. So he maintains that the state never proved that he had “just exited” the car before shooting under the meaning of the drive-by-shooting statute. The state introduced no direct evidence of where Brown was when he fired the shots or when the shots were fired in relation to his leaving the car. We must therefore look to circumstantial evidence. Circumstantial evidence merits the same weight as direct evidence. State v. Bauer, 598 N.W.2d 352, 370 (Minn.1999). But in circumstantial-evidence cases, the evidence “must form a complete chain that, in view of the evidence as a whole, leads so directly to the guilt of the defendant as to exclude beyond a reasonable doubt any reasonable inference other than guilt.” State v. Taylor, 650 N.W.2d 190, 206 (Minn.2002).

Our answer to this appeal rests entirely on whether the circumstantial evidence is sufficient to prove that Brown fired toward the residence having “just exited” Kujawa’s car. Although the statute does not define the phrase “having just exited from a motor vehicle,” in State v. Lewis we construed it to require proof of “the immediate action of shooting following the exiting from an automobile.” 638 N.W.2d 788, 791 (Minn.App.2002), review denied (Minn. Apr. 16, 2002). The act of shooting need not occur simultaneously with the act of exiting, but the shooting must “immediately follow ” the exit. Id. (emphasis added).

We have carefully reviewed the record and do not find sufficient evidence for the jury to have reasonably concluded beyond [172]*172a reasonable doubt that Brown discharged a firearm immediately after exiting Kuja-wa’s car. The state’s two accounts of Brown’s actions on the morning of the shooting fail to prove the challenged element.

Lauren Kujawa described the events surrounding the incident in the following testimony:

Q: What happens next?
A: Um, we were driving, and we got to a street, and [Brown] yelled, “Stop,” so I stopped on the side of the road. I don’t know what street I was on for sure. I saw a white house to my right, and then [Brown] got out of the car, and [Russel] got out of the car; and they were yelling at each other, um ...
Q: Did you hear anything that was said?
A: Alls I heard was [Russel] say, “Don’t do it.” And then I tried to ignore them. And I put up the windows and turned the music up.
Q: Why did you try to ignore them?
A: ‘Cuz [Russel] doesn’t like when I get involved with his business.
Q: What happens next?
A: [Russel] got back in the car. [Brown] didn’t. And [Russel] started talking to me, and I turned towards [Russel], and we were talking; and I heard noises. I thought [Brown] was hitting a garbage can or something, or a pounding on someone’s door.

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Related

State v. Bauer
598 N.W.2d 352 (Supreme Court of Minnesota, 1999)
State v. Lewis
638 N.W.2d 788 (Court of Appeals of Minnesota, 2002)
State v. Taylor
650 N.W.2d 190 (Supreme Court of Minnesota, 2002)
Bernhardt v. State
684 N.W.2d 465 (Supreme Court of Minnesota, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
796 N.W.2d 169, 2011 Minn. App. LEXIS 41, 2011 WL 1466332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-brown-minnctapp-2011.