State v. Hunter

772 A.2d 709, 62 Conn. App. 767, 2001 Conn. App. LEXIS 176
CourtConnecticut Appellate Court
DecidedApril 17, 2001
DocketAC 19570
StatusPublished
Cited by8 cases

This text of 772 A.2d 709 (State v. Hunter) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Hunter, 772 A.2d 709, 62 Conn. App. 767, 2001 Conn. App. LEXIS 176 (Colo. Ct. App. 2001).

Opinion

Opinion

HENNESSY, J.

The defendant, Tyson Hunter, appeals from the judgment of conviction, rendered after a jury trial, of murder in violation of General Statutes § 53a-[768]*76854a. On appeal, the defendant contends that the trial court improperly denied him his constitutional rights to confrontation and to present a defense. We affirm the judgment of the trial court.

The jury reasonably could have found the following facts. On the afternoon of October 12, 1997, Clarence Lewis borrowed a gray Toyota Corolla from Ametreus “Cheryl” Hofler to run some errands. From that point on, the car was lent to several other people throughout the afternoon, night and early morning.1 It was driven around the streets of Waterbury and was never returned to Hofler. Meanwhile, a Ford Escort that was owned by the victim, Addies Grimsley, also was being driven around the streets of Waterbury and was occupied by several different people throughout that afternoon, night and early morning.2 Sometime after 8 p.m., the operator of the Ford initiated a chase between the two cars by speeding past the Toyota a couple of times. This confrontation ended without incident.

At approximately 11:30 p.m., a witness, Steven Dunbar, was walking his dog outside his Harris Circle home when he noticed Damian Ellis, one of the many passengers of the Toyota,3 carrying a black book bag. Dunbar testified that he believed that the book bag contained firearms and that Ellis had given the book bag to “some guys” in a gray Toyota. Dunbar also testified that “[the [769]*769defendant] and them” were in the Toyota and that he had contacted the Waterbury police to warn them that “somebody was going to get hurt.”

Sometime around midnight, the occupants of the two cars once again approached each other in their vehicles. At this point, Jesus Alvarez was driving the Toyota, and the defendant occupied the front passenger seat. Jason Hawk was driving the Ford, Efrem Collins was the front seat passenger, and the victim was the backseat passenger. When the occupants of the Ford noticed that the Toyota was following them, Collins turned to look and recognized Alvarez as the driver of the Toyota.4 As Hawk sped up in an attempt to get away from the Toyota, the occupants of the Toyota fired shots at the Ford, shattering its rear window.

Hawk drove the Ford into the Harris Circle projects near Long Hill Road with the Toyota in pursuit. Hawk then jumped out of the moving car and ran into the woods, leaving both Collins and the victim behind. The Ford crashed into a guardrail and pinned the front passenger door shut. Collins remained safely in the car, but, as the victim exited the car, at least five more shots were fired at him. After the gunfire stopped and Alvarez drove the Toyota away, Collins exited the car through the rear window and ran away into the woods.

Officer David Rovinetti of the Waterbury police department was called to the scene and found the victim bleeding heavily next to the Ford. The victim had been shot several times and bled to death from a bullet that struck his upper thigh, cut his femoral artery and tore a large hole in an adjacent vein.

On Tuesday, October 14,1997, the police interviewed Alvarez, who provided them with a detailed written [770]*770statement. He admitted to driving the Toyota and identified the defendant as a passenger in the Toyota. He claimed that after the Ford had come to a stop, the defendant fired more than ten shots and that he had heard the victim yell, “I’ve been hit.” Alvarez also selected the defendant from an eight person photographic array. Alvarez subsequently pleaded guilty to a charge of conspiring with the defendant to commit murder and, in November, 1998, he was sentenced to a ten year term of imprisonment.

At the defendant’s trial, the state called Alvarez to testify. When questioned, Alvarez could not recall the events that had transpired on October 12 and October 13,1997, but he acknowledged that he had initialed and signed his October 14, 1997 sworn written statement to the police. He testified, however, that he had never read it, had been under the influence of drugs when he had signed it and that the police had coerced him into signing it. He also testified that he was not involved in the murder and that he did not see the defendant on the day of the murder. At the conclusion of Alvarez’s direct testimony, the court admitted his written statement for substantive purposes under the Whelan doctrine.5

On cross-examination, the defendant questioned Alvarez about his whereabouts on the night in question and his written statement. Alvarez testified that he was not involved in the car chases or the shootings and described to the jury, in detail, where he was on the night of the victim’s murder. Alvarez claimed that he was with friends on Laurel Street until approximately [771]*771midnight, when he was driven to a convenience store. He also testified that his attorney had obtained a copy of a video surveillance tape from the convenience store that showed that he was there around midnight.6

During the defendant’s case-in-chief, the defendant expressed an intention to call several people to testify as alibi witnesses for Alvarez. The state requested an offer of proof, and the defendant replied that the alibi witnesses and the tape would corroborate Alvarez’s testimony. The court, however, did not allow any of the defendant’s alibi witnesses7 to testify and did not allow the introduction of the convenience store video surveillance tape into evidence.

On appeal, the defendant first claims that the court improperly denied him his constitutional right to confrontation. Specifically, he claims that the court improperly prevented him from fully and fairly exercising his constitutional right to confront and to cross-examine the state’s key witness, Alvarez. We disagree.

“Our standard of review regarding challenges to a trial court’s evidentiary rulings is that these rulings will be overturned on appeal only where there is an abuse of discretion and a showing by the defendant of substantial prejudice or injustice. ... It is a well established principle of law that the trial court may exercise its discretion with regard to evidentiary rulings, and the trial court’s rulings will not be disturbed on appellate review absent abuse of that discretion. . . . Sound discretion, by definition, means a discretion that is not exercised arbitrarily or wilfully, but with regard to what is right and equitable under the circumstances and the law [772]*772.... And [it] requires a knowledge and understanding of the material circumstances surrounding the matter .... In our review of these discretionary determinations, we make every reasonable presumption in favor of upholding the trial court’s ruling.” (Citation omitted; internal quotation marks omitted.) State v. Cramer, 57 Conn. App. 452, 454, 749 A.2d 60, cert, denied, 253 Conn. 924, 754 A.2d 797 (2000), quoting State v. Orhan, 52 Conn. App. 231, 237, 726 A.2d 629 (1999).

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Burke v. Mesniaeff
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Hunter v. Murphy
303 F. Supp. 2d 59 (D. Connecticut, 2003)
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State v. Figueroa
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State v. Clark
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State v. Hunter
776 A.2d 1144 (Supreme Court of Connecticut, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
772 A.2d 709, 62 Conn. App. 767, 2001 Conn. App. LEXIS 176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hunter-connappct-2001.