State v. Mayhorn

720 N.W.2d 776, 2006 Minn. LEXIS 594, 2006 WL 2506476
Supreme Court of Minnesota·Decided August 31, 2006·No. A04-1971·Published·Cited by 100 cases

Opinions

OPINION

MEYER, Justice.

Troy Demetrius Mayhorn appeals his convictions of aiding and abetting first-degree premeditated murder and aiding and abetting second-degree assault. May-horn argues that he is entitled to a new trial based on prosecutorial misconduct and various evidentiary errors made by the district court. Mayhorn also contends that the court erred in imposing a 51-month consecutive sentence for second-degree assault. We reverse Mayhorn’s convictions, holding that the cumulative ef-[780]*780feet of prosecutorial misconduct and evi-dentiary errors deprived Mayhorn of a fair trial.

Around 2:20 p.m. on August 29, 2003, Janney Garcia dialed 911 and reported that her boyfriend had just been shot in the living room of her apartment in Moor-head, Minnesota. When police officers arrived at the apartment, they found Nasean Jordan lying on a couch just inside the doorway with multiple gunshot wounds to his chest. Garcia had been shot once in the leg but was standing and walking around. Nicole Johnson, a friend who lived nearby, was also at the apartment, having arrived just before emergency responders.

Investigators immediately began to locate Jordan’s friends and associates. Mayhorn and Michael Dickey quickly were identified as suspects in Jordan’s murder. Mayhorn and Jordan had met each other in Chicago as teenagers and became friends as well as partners in the trafficking of drugs, primarily crack cocaine. Dickey was also a friend of Mayhorn’s and an associate of Mayhorn’s and Jordan’s in the drug trade. Also involved in the drug trade with them was Dickey’s cousin, David Longmire. Investigators learned that Dickey had been admitted by Garcia or Longmire into Garcia’s apartment building just before Jordan was killed.

The state’s theory of the case at trial was that Mayhorn masterminded a plan to kill Jordan, and he drove the getaway car. The precise motive for Jordan’s murder was never determined. One theory was that Jordan, who was known as “T.J.,” was murdered by Mayhorn because Jordan was suspected of stealing drugs from him. Another theory was that Jordan had borrowed $800 from Mayhorn and had not repaid it. Evidence was also presented that Dickey was angry with Jordan because Jordan would not supply Dickey with drugs, and because Jordan had forcefully demanded that some of Garcia’s acquaintances — including Dickey — stop spending time in Garcia’s apartment.

Mayhorn’s defense was that he had played no role in planning the murder and that he was not even in Moorhead at the time of the murder, although his green Ford Taurus may have been there.

It was undisputed at trial that on August 28, the day before the murder, May-horn and Muammar Ali drove from Chicago to Moorhead in Mayhorn’s Taurus. They arrived in Moorhead around 7:30 p.m. and stopped at 1-94 Liquors, where they purchased some liquor and left some garbage in the dumpster outside. May-horn and Ali spent the remainder of August 28 with a woman identified only as April. Around 2:30 a.m. on August 29, Mayhorn and Ali left April’s home and drove to Garcia’s apartment. Mayhorn testified that when they arrived, he went inside and delivered 63 grams of crack cocaine and 1 pound of marijuana to Jordan while Ali remained in the ear. The state disputed the purpose of Mayhorn’s and Ali’s 2:30 a.m. trip to Garcia’s apartment and asserted that the two men actually went there to kill Jordan, but their plan was thwarted because the exterior door had not been propped open as planned.

After leaving Garcia’s apartment, May-horn and Ali drove to Kim Wilson’s house, where a group of people, including Dickey, Longmire, Shawnee Johnson (one of May-horn’s girlfriends), and others were socializing. Mayhorn went inside while Ali waited in the car. Inside Wilson’s house, Dickey pressured Mayhorn to sell Dickey some crack cocaine. Mayhorn told Dickey that if Dickey could get to the Twin Cities, Mayhorn could arrange for him to obtain some drugs there. The state also presented evidence that Mayhorn said to Dickey, “[H]e gotta go,” meaning Mayhorn wanted [781]*781Jordan killed, but both Mayhorn and Dickey dispute that there was any such discussion at Wilson’s house. Mayhorn then agreed to drive Dickey — -who was unable to find another ride — to the Twin Cities. At 4:30 a.m. on August 29, Mayhorn, Dickey, and Ali left Moorhead in Mayhorn’s Taurus. They arrived in Woodbury at 8:30 a.m. and went directly to Lyra Robinson’s townhouse.

For the events beginning at 10 a.m. on August 29, the parties’ versions of the facts diverge significantly. The state presented evidence that the three men obtained their crack cocaine and were back in Mayhorn’s car on the road to Moorhead by 10 a.m. During the drive to Moorhead, Mayhorn said to Dickey, “TJ gotta go,” ostensibly meaning Jordan should be killed. At around 2:15 p.m., Mayhorn, Dickey, and Ali arrived outside Garcia’s apartment building. Mayhorn remained in the car while Dickey and Ali walked up to the apartment building. Dickey “buzzed” the intercom and was admitted to the building. Ali went inside the building and into Garcia’s apartment and found Jordan playing a video game with Longmire. Ali asked Jordan, “[Wlhere that sh* * at?” and started shooting. Dickey and Long-mire fled to Mayhorn’s car and got in the back seat. Ali then came running out and got in the car. As they were driving away, Mayhorn asked Ali, “[I]s he gone?” Ali answered affirmatively.

Four eyewitnesses testified that they had seen one to three men matching the physical descriptions of Dickey, Ali, and Longmire near or inside Garcia’s apartment building at the time of the murder. One of these witnesses testified that the three men got into a green car driven by a fourth person.

Dickey testified against Mayhorn and said when Mayhorn drove him to the Twin Cities to get crack, Ali was in the car. As they were driving to the cities Mayhorn said that T.J. “gotta go.” Dickey understood Mayhorn’s statement to mean that T.J. was to die or be hurt. After they picked up the drugs in Woodbury, Dickey testified that the three of them drove back to Moorhead in Mayhorn’s car.

Cell phone records were received into evidence. The state also presented maps that plotted the calls made and received on both Mayhorn’s and Dickey’s cell phones for the time period of August 28-30. The records and maps showed that Mayhorn’s cell phone traveled from Chicago to Moor-head on August 28. In the evening and early morning hours of August 28-29, Mayhorn’s cell phone was activating a Moorhead cell tower. By the morning hours of August 29, both Mayhorn’s and Dickey’s cell phones were activating towers in the Twin Cities. Both cell phones were back in Moorhead by 2:14 p.m. on August 29, around the time of the murder. By 12:16 a.m. on August 30, both cell phones were back in Chicago.

Longmire also testified for the state and said at the time of the murder he was in Garcia’s apartment with Garcia and Jordan, playing a video game with Jordan. Longmire saw Ali enter the apartment with a handgun and heard him say, “Where that sh* * at?” and start shooting. Longmire ran out of the apartment to Mayhorn’s green Taurus. Mayhorn was in the driver’s seat. Ali, Mayhorn, Long-mire, and Dickey drove to Chicago, and Mayhorn warned Longmire and Dickey not to say anything.

Mayhorn testified in his own defense and claimed that he was not a part of any conspiracy, and although his car may have been in Moorhead at the time of the murder, he was not. Mayhorn told Dickey that he could take his car and return to Moorhead without Mayhorn.

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State v. Mayhorn, 720 N.W.2d 776, 2006 Minn. LEXIS 594, 2006 WL 2506476 (Mich. 2006).

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