State v. Davis

820 N.W.2d 525, 2012 Minn. LEXIS 493, 2012 WL 4094345
CourtSupreme Court of Minnesota
DecidedSeptember 19, 2012
DocketNo. A10-0731
StatusPublished
Cited by73 cases

This text of 820 N.W.2d 525 (State v. Davis) is published on Counsel Stack Legal Research, covering Supreme Court 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. Davis, 820 N.W.2d 525, 2012 Minn. LEXIS 493, 2012 WL 4094345 (Mich. 2012).

Opinion

OPINION

GILDEA, Chief Justice.

Appellant Jerome Emmanuel Davis was convicted of aiding and abetting first-degree felony murder for the shooting death of Armando Calix. Minn.Stat. §§ 609.185(a)(3), 609.05 (2010). The district court sentenced Davis to life in prison. On appeal, Davis claims that numerous errors entitle him to a new trial. We disagree, and therefore affirm Davis’s conviction.

Armando Calix bled to death on the lawn outside of his apartment shortly after being shot in the neck at about 8:00 p.m. on May 11, 2007. The investigation of Calix’s death led the police to believe that either Davis or his accomplice, Toriano Dorman, killed Calix while committing an aggravated robbery. After a jury trial in which the following facts were established, Davis was convicted of aiding and abetting first-degree felony murder.

Events Leading Up to Calix’s Murder

The day before the murder, May 10, 2007, Davis made inculpatory statements during a telephone conversation with his friend, Anthony Whigham. The conversation was recorded because Whigham was an inmate at the Hennepin County Jail. During the phone call, Whigham asked, “What is going down with you,” to which Davis responded, “Fucked [up,] about to rob somebody.” When Whigham asked if he was serious, Davis replied, “Hell yeah.” Davis then told Whigham that he had purchased a “bubble”1 because his old car had been stolen. Later, Whigham implied that he wanted Davis to give him money to hire a lawyer. Davis responded that he did not currently have any money but that a white woman was trying to line up a $10,000 “lick”2 for him. Davis told Whigham that if the lick went well, he would give Whig-ham $1,500 for a lawyer. Immediately after the discussion of the planned robbery, Davis asked Whigham for Jovan Gentle’s telephone number.

Jovan Gentle contacted Davis during the afternoon of May 11, 2007. Gentle wanted to meet and talk to Davis about getting back Gentle’s watch — a watch that Davis had sold to another friend. Davis agreed to meet, and they met at or near 36th Street and Portland Avenue in south Minneapolis. Gentle came to the meeting in his car, and Davis arrived in a “four-door, blue Caprice,” or “bubble.” According to Gentle, Davis had two passengers: a person he identified as “Fifty,” and Toriano Dorman. . As soon as Davis and Gentle arrived, they got out of their cars and started arguing about the watch. During the argument, Dorman got out of Davis’s car “clenching” a revolver in an apparent attempt to defend Davis, but Davis ordered Dorman back inside the car. After the argument, Davis and Gentle got back in their ears and drove toward 31st Street. Gentle then drove home.

Sometime later, Gentle received a telephone call from Davis. Davis asked Gen-[529]*529tie to meet him on 31st Street and Pleasant Avenue to help with a robbery. While Gentle initially told Davis that he would help, he later changed his mind and stayed at home.

Cell phone records showed that Dorman and Davis, and Dorman and Calix, were in contact with each other on the day of Calix’s murder. The police discovered that Calix had made and received numerous calls to and from a phone associated with Dorman throughout the day of the shooting. The last call to Calix from Dor-man’s phone was made at 8:01 p.m., and was routed through a cell tower a few blocks from the crime scene. Phone records also revealed that there were seven calls between Dorman’s cell phone and one of Davis’s cell phones earlier in the day.

In addition to the cell phone record evidence, the State also introduced testimony from B.B., who placed Davis and Dorman at the crime scene just minutes before Calix’s death. Shortly before 8:00 p.m., B.B. noticed Davis and Dorman walking across the yard of 3043 Grand Avenue South. B.B. recognized them because he had seen them on many occasions. According to B.B., Davis and Dorman hesitated in the yard momentarily, and then went through a hole in a fence to the apartment building next door, 3044 Pleasant Avenue (Calix’s apartment building). While they were going through the fence, B.B. saw Davis holding something on his side to stop it from catching on the hole in the fence. Davis and Dorman then entered Calix’s apartment building. Just after Davis and Dorman entered the apartment, B.B. got into his car to leave, but due to traffic congestion, he was unable to leave. About 3 minutes after he got into his car, B.B. heard a gunshot and called 911.

The Crime Scene

Minneapolis police officers Steven Manhood and Jeffrey Egge responded to the crime scene less than 2 minutes after B.B. called 911. The officers found Calix lying in a pool of blood in front of the 3044 Pleasant Avenue apartment building. Officer Manhood checked Calix for a pulse but did not find one. When other officers arrived, Manhood and Egge followed a trail of blood into Apartment 2 of the 3044 Pleasant Avenue building. After checking the apartment for other victims, suspects, and weapons, police sealed the apartment until a search warrant could be obtained.

After obtaining a warrant, the police searched Apartment 2. They found a bullet hole in a window and bullet fragments near the window. They also found a knife on the ground with Calix’s blood on it. The police swabbed the door knobs from the main door to the apartment and an interior closet door for DNA and fingerprints, but these swabs did not render meaningful results.

The medical examiner pronounced Calix dead at the scene. Later, an autopsy revealed that Calix died from one gunshot wound to the neck.

Events Following Calix’s Murder

About 20 to 30 minutes after calling Gentle to ask for help in the robbery, Davis called Gentle again and informed Gentle that he was behind Gentle’s house. Gentle went outside to meet Davis and knew that something was wrong because Dorman and Davis looked “paranoid.” Gentle noticed that Davis, Dorman, and a woman Gentle knew as “Coco,” were all in Davis’s Caprice.

Davis got out of his car, opened the trunk, and told Gentle that he “hit the lick on a Mexican.” Gentle testified that the trunk contained between 15 to 20 pounds of marijuana in a green tub that Dorman [530]*530and Davis had taken in the robbery.3 After showing Gentle the marijuana, Davis asked Gentle to follow him to his house in Saint Paul. Gentle obliged. Once they arrived at Davis’s house, Davis and Gentle went to the basement and Dorman and Coco left.

While in the basement, Davis told Gentle details about the robbery and shooting. Davis said that when he and Dorman entered the apartment, “the Mexican was sitting on the chair [but when Davis] raised the gun up and the Mexican jumped up off the chair, he shot him one time in the chest.” After he shot the victim, Davis said that he ran out of the house, jumped in his car, and immediately came to Gentle’s house. Davis also showed Gentle two guns: a .357 revolver and a .44 revolver. Gentle told Davis that Davis needed to get rid of the guns. Because they planned to sell the marijuana that Davis had stolen, the two decided to buy some baggies.

While they were driving, separately, across a bridge to a store to get baggies, Gentle saw Davis slow down and throw something out of the window of his car. At the store, Davis told Gentle that he had thrown the guns out of his window into the Mississippi River. After purchasing baggies, the two went back to Davis’s house and began dividing up the marijuana.

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Cite This Page — Counsel Stack

Bluebook (online)
820 N.W.2d 525, 2012 Minn. LEXIS 493, 2012 WL 4094345, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-davis-minn-2012.