State v. Ferguson

581 N.W.2d 824, 1998 Minn. LEXIS 408, 1998 WL 378352
CourtSupreme Court of Minnesota
DecidedJuly 9, 1998
DocketC7-97-165
StatusPublished
Cited by70 cases

This text of 581 N.W.2d 824 (State v. Ferguson) 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. Ferguson, 581 N.W.2d 824, 1998 Minn. LEXIS 408, 1998 WL 378352 (Mich. 1998).

Opinions

OPINION

PAUL H. ANDERSON, Justice.

In the early morning hours of September 24, 1994, seven gunshots were fired through the dining room window of a south Minneapolis home. One bullet hit Allen Wheatley Jr., who died later that morning. Two days after the shooting, police arrested appellant Alonzo Ferguson for the murder. Ferguson denied any knowledge of the shooting, and the police subsequently released him. Almost 21 months later, the Hennepin County Attorney filed a criminal complaint against Ferguson, based on new evidence, charging him with the murder of Wheatley. A grand jury then indicted Ferguson for first-degree premeditated murder, and a jury found him guilty of that charge. The district court sentenced Ferguson to life imprisonment.

Ferguson filed a motion for a new trial, arguing that certain evidence was improperly admitted and that the evidence as a whole was insufficient to support the verdict. The district court denied the motion, and Ferguson filed a notice of appeal with this court. In his appeal, Ferguson contests the admission of (1) a statement that Allen Wheatley Jr. made before his death that was admitted as a dying declaration; (2) photographs of alleged gang graffiti, along with testimony explaining the graffiti; and (3) vouching testimony. Ferguson argues that the erroneous admission of this evidence was not harmless beyond a reasonable doubt, and he contends that the'evidence is insufficient to support the verdict. We affirm Ferguson’s conviction.

Allen Wheatley Jr. had a large extended family. His father, Allen Wheatley Sr., had seven siblings, including Vincent Wheatley and Kenneth Wheatley. Allen Jr. had several cousins as well, including Jabar Wheatley and Prentice Wheatley. Allen Sr., Allen Jr., and Jabar, all of whom lived in Chicago, arrived in Minneapolis in the early morning hours of September 24, 1994, and went to Vincent’s house in north Minneapolis. The four of them then went to Kenneth’s house in south Minneapolis. At some point, the four men met Prentice. When the group reached Kenneth’s house, Kenneth and his wife, Angela Wheatley, answered the door and invited them in.

After visiting for a while, Allen Sr. indicated that he wanted something to drink, so the six men decided to go to a bootlegger’s house located down the street. The three brothers — Allen Sr., Vincent, and Kenneth— walked as one group, and the three cousins — ■ Allen Jr., Jabar, and Prentice — walked as another. Along the way, the three brothers encountered Alonzo Ferguson, a friend of Prentice. Ferguson asked where Prentice [827]*827was, and the brothers told him that Prentice was just up ahead. Ferguson then joined the three cousins. Prentice introduced him to the group, and they all shook hands. While walking back to Kenneth’s house, Ferguson noticed that Allen Jr. and Jabar were wearing blue. He told them that they were in Rolling 30s Bloods territory, and that people in the neighborhood might start trouble over gang colors. Ferguson testified that he believed he was giving friendly advice, and Jabar in fact took it as simple advice. Allen Jr., however, did not. He got upset and told Ferguson that he would wear whatever he wanted. As they reached Kenneth’s house, Prentice tried to intervene in the dispute, and Ferguson left.

Meanwhile, the three brothers had already returned to Kenneth’s house and went to the basement to listen to music. While in the basement, they heard a commotion upstairs and came up to see what was happening. They found the three cousins arguing in the living room. Allen Jr. was upset because he believed that Prentice had taken Ferguson’s side in the argument over colors. Prentice then got up and left. Shortly thereafter, Vincent and Kenneth left the house to get cigarettes.

Inside the house, the phone rang. Angela answered the phone in the kitchen and discovered that it was her cousin’s ex-boyfriend, who had been calling repeatedly throughout the day. She hung up the phone and within minutes it rang again. This time, Allen Jr. answered the kitchen phone and' told the ex-boyfriend to quit calling. Allen Jr. then hung up the phone and began to walk from the kitchen into the dining room. Just then, gunshots came through the blind-covered dining room window on the side of the house. Upon hearing the gunshots, the other family members dived to the floor and avoided injury. But Allen Jr. was shot in the stomach. The family members then helped Allen Jr. away from the window and up the stairs. Allen Jr. told his cousin Jabar that “he was going to fight. He was going to be okay.”

The first police officer at the scene, Officer Andrew Stender, went to check on Allen Jr., who was lying on the floor in an upstairs bedroom. Officer Stender asked Allen Jr. how he was doing, and Allen Jr. said, “It’s not good.” Allen Jr. was opening and closing his eyes, and Stender believed that he was fading in. and out of consciousness. Stender asked Allen Jr. who shot him, and he responded, “It was the Bloods.” Allen Jr. was taken to the hospital and died within hours from the gunshot wound. Meanwhile, the police searched the crime scene. Outside the dining room window, they found five shell casings from a 9-millimeter Luger. The police also questioned the Wheatley family members.

Two days after the shooting, the police asked Ferguson to come to the police station, where he was questioned about the murder. Ferguson claimed to know nothing about the murder, denied having any confrontation with Allen Jr. over gang colors, and contended that he was home in bed at the time of the shooting. That same day, the police arrested Ferguson and searched his house. The police investigators found no weapons or bullets in the house; however, they photographed a dresser in Ferguson’s bedroom that was covered in gang graffiti. After two days, the police concluded that they did not have enough evidence to charge Ferguson with the murder and released him.

Over one year later, in late November 1995, the police arrested a former Bloods gang member, Johnny Edwards, for aggravated robbery. On December 6, while still in police custody, Edwards contacted the police and told them that he had information on several gang-related crimes, including the murder of Allen Wheatley Jr. Based on information from Edwards, the police again began investigating Allen Jr.’s murder. A police officer compiled a photo lineup that included Ferguson. On January 10, 1996, the police showed this lineup to Kenneth Wheatley, but he could not pick out Ferguson as the person the three brothers had met on the street the night of the murder. The police met with Jabar Wheatley in Chicago ón March 15. They showed Jabar the photo lineup, but he could not identify Ferguson, saying that it was too long ago to remember what the man in the street looked like.

Three months later, on June 17, 1996, the Hennepin County Attorney charged Fergu[828]*828son with second-degree intentional murder and felony murder. The state theorized that Ferguson, a Bloods member, killed Allen Jr., a member of the rival gang, Black P Stone, because of the confrontation they had over gang colors. On June 20, both the Minneapolis Star-Tribune and the St. Paul Pioneer Press ran stories on local gang activity and included a picture of Ferguson, identifying him as the person charged with Allen Jr.’s murder. In July, before the grand jury hearing, the police showed Allen Sr. the photo lineup, and at that time he positively identified Ferguson as the person he and his brothers had met in the street the night of Allen Jr.’s murder.

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Cite This Page — Counsel Stack

Bluebook (online)
581 N.W.2d 824, 1998 Minn. LEXIS 408, 1998 WL 378352, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ferguson-minn-1998.