State v. Dobbins

725 N.W.2d 492, 2006 Minn. LEXIS 908, 2006 WL 3803111
CourtSupreme Court of Minnesota
DecidedDecember 28, 2006
DocketA05-320
StatusPublished
Cited by50 cases

This text of 725 N.W.2d 492 (State v. Dobbins) 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. Dobbins, 725 N.W.2d 492, 2006 Minn. LEXIS 908, 2006 WL 3803111 (Mich. 2006).

Opinions

[497]*497OPINION

ANDERSON, PAUL H., Justice.

An Anoka County jury found Demetrius Devell Dobbins guilty of first-degree premeditated murder for the shooting death of Quintín Roderick Lavender. The district court sentenced Dobbins to life in prison. On direct appeal, Dobbins argues that (1) the district court erred in allowing the only African-American venireperson to be struck from serving on the jury; (2) the court violated Dobbins’ Sixth Amendment right to effectively cross-examine a key state witness; (3) the court erred in not instructing the jury that Dobbins’ girlfriend could have been considered an accomplice; and (4) the state’s repeated misconduct denied Dobbins a fair trial. We affirm.

Around 6:30 p.m. on December 5, 2003, the Minneapolis Emergency Communications Unit received a telephone call reporting a homicide at a house in Columbia Heights. Police officers Gregory Sinn, Jason Beckett, and Lenny Austin responded to the call. Shortly after arriving at the scene, Austin obtained the telephone number from which the 911 call had been placed. Austin called this number and talked with the person who reported the homicide. This person then called back later and informed Austin that the two individuals involved in the homicide were returning to the scene of the homicide and described the two individuals to Austin. After finishing this second conversation, Austin saw two men matching the caller’s descriptions walking toward the house. Austin told Sinn and Beckett that the suspects were returning to the house, and Sinn and Beckett arrested the two men when they entered the driveway. The men identified themselves as appellant Demetrius Dobbins and Myshohn King. At the time of arrest, Dobbins was carrying a small plastic convenience-store bag that contained a can of lighter fluid. Austin subsequently went to the backyard, where he entered a storage shed and found Quin-tín Lavender’s body inside.

Later that same evening, officers from the Anoka County Sheriffs Office conducted an investigation of the crime scene. On the driveway, the officers discovered a plastic bag that contained a large can of lighter fluid and three smaller cans of cigarette-lighter-refill fluid. Inside the house, the officers found a large bloodstain on the living room carpet, bloodstains in the shape of footprints on the hallway carpet, and a bloody mop leaning against the bathroom sink. A DNA test later revealed that the blood found on the living room floor and on the shed door matched Lavender’s DNA profile. The officers also found several large trash bags in the kitchen that contained blood-soaked clothes and rags, a pair of white cloth gloves, and an inflatable air mattress with bloodstains on it. The blood on the clothes matched Lavender’s DNA profile. A subsequent examination of bloodstains found on the pants, shoes, and socks that Dobbins was wearing at the time of his arrest also resulted in a match with Lavender’s DNA profile.

Following the issuance of a search warrant, police officers searched the home of Dobbins’ cousin, Andre Coleman. In the lower-level bedroom of the Coleman home, police found a pair of blue jeans with bloodstains that matched Lavender’s DNA profile. A forensic scientist also found gunshot residue on swabbings taken from Dobbins’ hands and clothing.

On January 6, 2004, the Anoka County grand jury indicted Dobbins on one count of first-degree premeditated murder in violation of Minn.Stat. §§ 609.05 and [498]*498609.185(a)(1) (2004). Dobbins’ trial began on October 11, 2004. Testimony at trial established that, before Lavender’s death, Dobbins was staying with his girlfriend and her three-year-old daughter at the Columbia Heights house where Lavender’s body was later found. Dobbins worked sporadically at several different jobs and also made money by selling marijuana. Dobbins and Lavender were casual acquaintances.

In the summer of 2003, Dobbins and his girlfriend went to downtown Minneapolis to sell marijuana. While downtown, they were with Lavender, and Dobbins gave Lavender nine bags of marijuana to sell. Each bag was worth ten dollars, and the two men agreed that Lavender would keep $30 from the sale and give Dobbins the balance. But Lavender left without giving Dobbins the $60 as agreed. Dobbins next saw Lavender about two weeks later and asked him for the $60. Lavender agreed to meet with Dobbins later that same day to give him the money, but Dobbins did not make it to the meeting and did not see Lavender again until December 5, 2003, the day of the homicide.

On December 5, 2003, Dobbins, his girlfriend, her daughter, and Dobbins’ cousin, Andre, went to City Center in downtown Minneapolis, where Dobbins met Lavender and Myshohn King.1 According to King, he met Dobbins at City Center at around 2:00 or 3:00 p.m. King said that Dobbins then saw Lavender, and Dobbins and Lavender started arguing about the money Lavender owed Dobbins. Dobbins eventually told Lavender to take a bus back to Dobbins’ house in Columbia Heights with the other members of the group.

Shortly after the group arrived at Dobbins’ house, Coleman arrived wearing a jogging suit and a pair of white gloves. Coleman and Dobbins went into a bedroom. Shortly thereafter, Dobbins came out of the room and told his girlfriend and Andre to go downstairs and leave, which they did. According to King, at the time of the shooting there were four people in the house: Dobbins, Lavender, Coleman, and King.

Dobbins then returned to the bedroom. After a few minutes, Coleman came out of the bedroom, stood by a wall, and loud music started to play. King testified that both he and Lavender became nervous because they did not know what was going on. After a couple of minutes, Dobbins, wearing the gloves Coleman had worn earlier, came out of the bedroom with a gun in his hand. Dobbins then shot Lavender twice. After the shooting, Coleman left the house and Dobbins moved Lavender’s body and placed it in the bathtub. Dobbins then told King to help clean up the blood and King complied. King testified that he did not want to help Dobbins, but said that he was not going to “talk back” to Dobbins at that point. King cleaned up the blood in the living room while Dobbins mopped the floor in the bathroom. Dobbins put some of the used cleaning materials into a garbage bag.

About 30 minutes after the shooting and while King was still cleaning up, a young woman came into the house and Dobbins told the woman that he had shot someone. The woman then grabbed some clothes and left the house. Shortly thereafter, another young woman arrived at the house. This woman saw Lavender’s body, became scared, and left.

Dobbins and King wrapped Lavender’s body in an air mattress and moved the [499]*499body out of the house and into a shed behind the house. Dobbins then called a taxi, and he and King rode in the taxi to Coleman’s house, where they put clothes from the crime scene in the basement. Dobbins and King then walked to a nearby convenience store where Dobbins bought lighter fluid. King testified that one of the women had suggested that they burn down the house and the shed. Upon their return to the house, the police arrested Dobbins and King in the driveway.

When he was arrested, King told the police that he was in the area because he was attempting to visit a girlfriend. At trial, he admitted that he had lied to the police. King also admitted that he entered into a plea agreement with the state in exchange for testifying against Dobbins.

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Cite This Page — Counsel Stack

Bluebook (online)
725 N.W.2d 492, 2006 Minn. LEXIS 908, 2006 WL 3803111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dobbins-minn-2006.