State v. Jackson

773 N.W.2d 111, 2009 Minn. LEXIS 631, 2009 WL 3199772
Supreme Court of Minnesota·Decided October 8, 2009·No. A07-1239·Published·Cited by 21 cases

Opinions

OPINION

DIETZEN, Justice.

Appellant Cornelius Jackson was indicted for first-degree premeditated murder, MinmStat. § 609.185(a)(1) (2008), and crime committed for the benefit of a gang, Minn.Stat. § 609.229, subd. 2 (2008), for the shooting death of Christopher Lynch. A Hennepin County jury found Jackson guilty of both counts. The district court entered judgment of conviction of first-degree premeditated murder against Jackson, and he was sentenced to life in prison without the possibility of release. We affirm.

On the evening of May 3, 2006, police responded to a report of a shooting in a residential neighborhood in north Minneapolis. When police arrived, Lynch had already been taken to the hospital, where he was pronounced dead. An autopsy revealed that Lynch had been shot 11 to 13 times. Through their investigation, the police learned that Jackson, Lamonte Martin, and Jonard McDaniel chased Lynch and his cousin, Jermaine Mack-Lynch, and shot Lynch.

The State indicted Jackson, Martin, and McDaniel for the murder of Lynch. Specifically, Jackson was indicted for first-degree premeditated murder and crime committed to benefit a gang. The State moved for joinder of the trials of Jackson, Martin, and McDaniel. The defendants objected to the joinder motion. Following a hearing, the court granted the motion. Subsequently, the State successfully moved to sever the McDaniel trial.

During voir dire, the prosecutor exercised a peremptory challenge of potential Juror 43, and Jackson raised a Batson challenge. See Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). Initially, the district court denied the peremptory challenge, but after further questioning of the juror, the court concluded that the prosecutor had established a race-neutral reason for striking the potential juror.

[117] At the combined trial, the State’s theory was that Lynch was an innocent victim and that his murder was “collateral damage” in an ongoing gang dispute. The State presented evidence that Mack-Lynch was a member of the Tre Tre Crips gang and that the 19 Block Dipset gang was a rival gang to which Jackson, Martin, and McDaniel belonged. The State also presented evidence that the two gangs have had violent encounters.

Mack-Lynch testified that on the day in question, he and Lynch were walking to the home of Mack-Lynch’s brother, Charles Pettis. As they were walking, they saw a white Malibu in which Martin was the driver and Jackson and McDaniel were passengers. After the car slowed down and the occupants looked at Mack-Lynch and Lynch, the car stopped, and Jackson and Martin got out and started chasing them.

Mack-Lynch and Lynch ran down the alley to the back of Pettis’s house, where Lynch stopped because he was short of breath. Mack-Lynch continued running down the alley, thinking that Jackson and Martin would follow him because he was a gang member. Mack-Lynch then doubled back to the front of Pettis’s house and told his brother that “One Nines” were chasing him. Subsequently, they heard gunshots and saw Jackson and Martin in a yard across the street firing shots with handguns into the backyard of a nearby house. Mack-Lynch and Pettis ran across the street and found Lynch wounded in the backyard. McDaniel then drove the white car into the alley. Jackson and Martin jumped in the car and the three drove away. According to Mack-Lynch, Jackson was wearing a black hat, and Martin was wearing a red hat.

Mack-Lynch admitted that he had a 2005 conviction for unlawful firearm possession and that currently he was under indictment for first-degree murder for a 2006 homicide. He denied having made any type of “deal” with the prosecution in exchange for his testimony.

Pettis also testified that he saw Jackson and Martin standing in a yard across the street. Pettis then heard shots fired. He saw Jackson and Martin get into a white car and drive away. Pettis and Mack-Lynch then found Lynch wounded in the backyard. During an interview with the police that same day, Pettis denied knowing the identity of the shooters. But when the investigator left the interview room, Pettis stated in a phone call to a third party: “I know who did it” but “like I’d really tell these motherf* * *ers [police] who shot my cousin.” According to Pettis, he lied to the police because he “wanted to deal with it my way” by “getting revenge ... on the street.” Subsequently, Pettis saw physical evidence from the murder scene, changed his mind, and decided to cooperate. On cross-examination, Pettis admitted prior felony convictions for car theft and robbery and that he currently had pending a charge for aggravated robbery. He denied getting a deal from the prosecution in exchange for his testimony.

Ten-year-old S.H., who lived next door, witnessed the shooting from his back porch. He could not see the two shooters’ faces, but he did notice both men were wearing hats. Other witnesses testified that they saw two men flee and get into a white car. Witnesses also stated that one of the men was wearing a red baseball cap.

The State presented testimony that Martin, Jackson, and McDaniel made admissions to various gang members regarding their involvement in Lynch’s murder. Paris Patton, a member of the 19 Block Dipset gang, and Kiron Williams, a member of the Vice Lords gang, were in federal custody on narcotics charges. They agreed to testify in exchange for the possi[118] bility of a reduced sentence in federal court. Both testified that Martin, Jackson, and McDaniel were members of the 19 Block Dipset gang. Patton testified that about three days after Lynch was killed, McDaniel asked him if he had a gun because he had gotten rid of his after using it “on that little boy” who was with Mack-Lynch. About a month after the murder, Patton overheard Jackson say Lynch was on his knees begging for his life when Jackson shot him. Williams testified that McDaniel, Martin, and Jackson all told him they were involved in killing Lynch. According to Williams, Martin bragged to him about chasing Mack-Lynch and then killing the person who was with him. Williams also testified that Jackson told him he chased Mack-Lynch and Lynch, that Mack-Lynch got away, and then he caught up with Lynch, who pleaded for his life before he was shot.

Minneapolis Police Captain Michael Martin, a member of the special operations division, testified as the State’s gang expert. He explained that the 19 Block Dip-set gang operates primarily on the north side of Minneapolis and has engaged in murders, drive-by shootings, assaults, and drug crimes. He indicated that retaliation and respect are “the foundation for the gang culture.” Several other witnesses testified with respect to incidents in which they were shot at or where persons they knew had been killed by gang members. Other police officers also testified regarding incidents involving 19 Block Dipset gang members and criminal activities in north Minneapolis.

The jury found Jackson guilty of first-degree premeditated murder and crime committed for the benefit of a gang (with an underlying crime of premeditated murder). The district court sentenced Jackson to life in prison without release. This appeal followed.

I.

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State v. Jackson, 773 N.W.2d 111, 2009 Minn. LEXIS 631, 2009 WL 3199772 (Mich. 2009).

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