State v. Jackson

770 N.W.2d 470, 2009 Minn. LEXIS 437, 2009 WL 2409283
CourtSupreme Court of Minnesota
DecidedAugust 6, 2009
DocketA08-0624
StatusPublished
Cited by18 cases

This text of 770 N.W.2d 470 (State v. Jackson) 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. Jackson, 770 N.W.2d 470, 2009 Minn. LEXIS 437, 2009 WL 2409283 (Mich. 2009).

Opinions

OPINION

GILDEA, Justice.

Jeremy Jackson appeals his convictions for first-degree murder committed for the benefit of a gang and attempted murder committed for the benefit of a gang. On appeal, Jackson argues that he is entitled to a new trial because of the State’s discovery violations and because of evidentiary errors. We affirm.

This action arises from the shooting death of Gennaro Knox and the shooting of T.K. The State charged Jackson in connection with the shootings and a grand jury subsequently indicted him on 12 counts.1 The State’s theory at trial was that Jackson shot the victims in retaliation for the shooting of Markey, a fellow Bloods gang member. Jackson’s first trial ended on September 4, 2007, when the jury was unable to reach a unanimous verdict. The second trial began on November 27, 2007. At Jackson’s second trial, the State presented the following evidence.

At approximately 10 p.m. on October 5, 2006, Jackson learned that Markey had been shot and was hospitalized. Upon receiving this news, Jackson and several friends drove to Markey’s house, the place of the shooting, in a Ford Explorer. James Morris, one of the friends accompanying Jackson, testified that they planned to “see what was happening” at Markey’s house before going to the hospital. Mar-key’s house was located near the intersection of 37th Street and Portland Avenue in Minneapolis, an area known to be territory of the “Bloods” street gang.

At Markey’s house, Jackson and Morris met with Frankie, Xzavier, and Dominique. The five men speculated about who might be responsible for shooting Markey, and focused on three southside street gangs known as the “Bogus Boys,” the “20s” and the “10s.” After discussing Markey’s shooting, the five men left Markey’s house with a plan to go to the neighborhoods of the “Bogus Boys” and “20s” to “ride out,” [474]*474meaning “shoot” to “retaliate.” They departed in the same Ford Explorer in which Jackson and Morris had arrived.

28th Street and Nicollet Shooting

Morris sat in the driver’s seat of the vehicle, Jackson sat in the front passenger seat, Frankie sat in the second row of seats behind Jackson, Xzavier sat behind Morris, and Dominique sat alone in the third row of seats. The men first drove to Morris’s cousin’s house, where Morris and Frankie stored a gun that they owned jointly. From there, they drove to “Bogus Boys” territory, looking for gang members. Morris testified that they spotted one person in an alley who they tried to “catch,” but lost him and continued driving. Morris testified that they were heading south on Nicollet Avenue toward 28th Street when they saw three or four people standing at a bus stop whom they believed to be Bogus Boys. According to Morris, he slowed the Explorer without stopping, and Jackson fired the gun through the opening of the passenger-side window toward the people at the bus stop. Morris then sped off, making a left turn onto 28th Street and away from the bus stop. Morris did not believe the shots had hit anyone.

In fact, one person, T.K., suffered serious injury that night at the 28th Street and Nicollet bus stop. T.K. testified that she stood at that bus stop at about 10:20 p.m. on October 5, 2006, waiting for a bus and talking with two teenage boys, both of whom she believed to be members of the “Crips” street gang. Although she admitted that she was “high off crack” that night, T.K. testified that she saw a large, silver vehicle slow down at the corner as a “light-skinned guy” with braided hair pointed a silver gun out of the front passenger window. She said that she heard one shot and jumped to the ground, then realized she had been hit in the buttocks. The boys with whom she had been talking scattered. Seeking help, T.K. got up and walked about a block to find a police officer, who then called an ambulance. A different officer who was called to the scene of the shooting testified that he found two shell casings at the corner near the bus stop, indicating that a gun had been fired at that location.

At the time of the shooting, M.K. was waiting in her car at the red stoplight on 28th Street when she observed three shots fired from the front passenger window of an SUV at the 28th Street and Nicollet bus stop. She had a clear view of the passenger side of the SUV. M.K. dialed 911 immediately and told the dispatcher that she saw a black male wearing a white t-shirt who was hanging out of the front passenger window and holding a gun. M.K. told the dispatcher that she saw the man fire the gun toward the bus stop. M.K. drove her car forward and followed the SUV for several blocks while she spoke to the dispatcher. She reported the license plate number to the dispatcher, and the dispatcher immediately determined that the vehicle was a Ford Explorer. M.K. also described the shooter to the dispatcher as a male, about 30 years old and 215 pounds, with darker skin and short hair, not braids.

Elliot Street Shooting

Morris testified that, as he drove down 28th Street after the bus stop shooting, Frankie was directing the group, and they were going toward “20s” territory. Morris said that they pulled up to a corner where K.H. was stopped in her vehicle on the cross street. K.H. testified at trial that she saw the SUV at that location just before 10:30 p.m. and observed Jackson in the front passenger seat. Upon seeing Jackson, K.H. immediately called home to tell her mother to make sure that her brothers were not in front of the house. K.H. knew that her brother, D.H., and [475]*475Jackson did not get along and, having seen Jackson so close to her home, she thought there was going to be a fight or shooting. K.H. testified that she received a return call from her mother two minutes later, telling her that someone had just been shot. K.H. returned home immediately and learned that Gennaro Knox, her 16-year-old neighbor, was dead at the scene.

Morris explained that when he saw K.H. in her car, he and the others were on their way to Elliot Street, at Frankie’s direction. He testified that he knew D.H. and K.H. lived there, and that D.H. was a member of the “10s” gang. When the SUV turned onto Elliot Street, according to Morris, he saw two teenage boys, whom Morris believed were “20s or 10s” based on their location and the fact that they were outside late at night. Morris testified that both boys saw them as they came up the block, and that both boys paused and looked frightened. Morris said that he stopped the vehicle in front of the boys and that Jackson fired more than three shots out of the front passenger window. Morris said that one of the boys ran between two houses, but the other ran straight back toward the gate in front of the house. Morris stated that the victim was shot as he tried to climb over the gate. He said that everyone in the car saw the victim fall to the ground as they slowly started to drive away, and that they then sped off.2

D.W., who was on his way to a party with Knox when the shooting occurred, also testified. He explained that on the night of October 5, he and Knox had just stepped out of D.W.’s house on Elliot Avenue to get on their bicycles to ride to a party. D.W. said that he and Knox left the house through the front door, walked across the front yard, opened the gate of the fence and closed it behind them, and stepped down several stairs to the public sidewalk. D.W. testified that he got on his bike and started riding, but Knox paused for a moment to fix the “doo rag” on his head. As D.W.

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State v. Jackson
770 N.W.2d 470 (Supreme Court of Minnesota, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
770 N.W.2d 470, 2009 Minn. LEXIS 437, 2009 WL 2409283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jackson-minn-2009.