State v. Phillips

76 S.W.3d 1, 2001 Tenn. Crim. App. LEXIS 182, 2001 WL 278104
CourtCourt of Criminal Appeals of Tennessee
DecidedMarch 9, 2001
DocketW2000-00245-CCA-R3-CD
StatusPublished
Cited by54 cases

This text of 76 S.W.3d 1 (State v. Phillips) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Phillips, 76 S.W.3d 1, 2001 Tenn. Crim. App. LEXIS 182, 2001 WL 278104 (Tenn. Ct. App. 2001).

Opinion

OPINION

ALAN E. GLENN, J.,

delivered the opinion of the court,

in which DAVID G. HAYES and JOE G. RILEY, JJ., joined.

The defendant was convicted by a Shelby County jury of first degree murder and especially aggravated kidnapping. He was sentenced by the jury to life without the possibility of parole for the murder conviction. He also received a sentence of twenty-five years for the especially aggravated kidnapping conviction, to be served consecutively to his life sentence. The events of this case arose out of a confrontation between rival gangs living in the Hurt Village Apartments in Memphis. The defendant, a high-ranking member of the Gangster Disciples, was prosecuted for the crimes on a theory of criminal responsibility. In this appeal as of right, the defendant challenges the sufficiency of the evidence to support his convictions. After a thorough review of the extensive record in this case, we conclude that the evidence is sufficient to show that the defendant, acting with the intent to promote the commission of the charged offenses, directed and aided other members of the Gangster Disciples in the commission of the offenses. His convictions for first degree murder and especially aggravated kidnapping are, therefore, affirmed.

Following a five-day trial, the defendant, Prentiss Phillips, was convicted by a Shel *3 by County jury of first degree murder and especially aggravated kidnapping. The jury sentenced the defendant to life without the possibility of parole for the first degree murder conviction. Following a sentencing hearing, the trial court sentenced the defendant to twenty-five years in prison for the especially aggravated kidnapping conviction, to be served consecutively to his life sentence. In this appeal as of right, the defendant raises one issue: whether the evidence was sufficient to support the convictions.

Having reviewed the extensive record in this case, we conclude that the evidence was sufficient to support the convictions for both first degree murder and especially aggravated kidnapping. Therefore, the judgment of the trial court is affirmed.

FACTS

On April 30,1997, a dispute between two toddlers in the Hurt Village Apartments in Memphis had a ripple effect that ended in the death of the victim, Vernon Green. Stepping into the toddlers’ dispute, the mothers started their own fight. When word of the mothers’ fight spread to their respective boyfriends, who were also the fathers of the toddlers, the altercation quickly escalated from a playground dispute into a gang confrontation. The fathers, in this case, were members of two rival gangs in Hurt Village: Jarvis Shipp, known as “J Roc,” was a member the of Gangster Disciples and “Snoop” was a member of the Vice Lords. “Snoop” and two other Vice Lords, Rico and Zentrick, went looking for Shipp. When the rivals met, Shipp was accompanied by Chris James, known as “Big Chris,” and “Popcorn,” fellow Gangster Disciples. After the first swing was taken, a fight broke out. When members of “Snoop’s” family came out of a nearby apartment with a gun, James took off running. “Popcorn’s” hand was grazed by a bullet in the ensuing melee. The police ultimately arrived and broke up the fight.

Shipp, who held the rank of chief of security for the Gangster Disciples in Hurt Village, apparently wanted to call a general meeting of other Gangster Disciples to deal with both the affront of the Vice Lords and the desertion of James. Testimony is unclear as to whether the defendant, leader of all the Gangster Disciples at Hurt Village whose title was coordinator, made the call to “Chaos,” leader of all the North Memphis Gangster Disciples, including those living at Hurt Village, whose title was governor, or whether Shipp made the call. There is little doubt, though, that even if Shipp made the call to “Chaos,” the defendant knew of the call and approved of the subsequent meeting of some twenty-five to thirty members of the Gangster Disciples who came not only from Hurt Village but from the Mitchell Heights, Watkins Manor, and Binghamp-ton areas as well.

The meeting was held late in the evening, in the Hurt Village apartment of three sisters, Natalie, Nicole, and April Black. The sisters’ apartment was a place where gang members regularly hung out to “play cards and just socialize.” The sisters all apparently had Gangster Disciple boyfriends, and Nicole, according to the defendant’s statement, was a member herself.

Testimony was that the following, high-ranking Gangster Disciple members, in chain-of-command order from top down, were present at the Black sisters’ apartment on the evening of April 30, 1997: “0. G. Lowdown,” a board member from Chicago who came to Memphis monthly to check on things; “Chaos,” the North Memphis governor living in Watkins Manor; Prentiss Phillips, the defendant and coordinator of Hurt Village; and Jarvis Shipp, *4 the chief of security of Hurt Village. Also present that evening and testifying for the State were Chris James, Natalie Black, and Nicole Black.

Chris James testified that by April 30, 1997, he had been a member of the Gangster Disciples for three or four months. As a new member, he had no rank. James had lived in Hurt Village for seven years and knew the victim, Vernon Green. James testified that Green was not a member of any gang. James also knew the defendant as the highest ranking Gangster Disciple member in Hurt Village.

On the evening of April 30, close to midnight, when the defendant came into the Black sisters’ apartment, he announced to the assembled group that Vernon Green was outside watching who was coming into the apartment. The implication was that Green was spying for the Vice Lords so that he could identify members of the rival Gangster Disciples. After the announcement, Gregory Robinson told two or three members to “go out there, snatch Vernon up.” Once Green was inside the apartment, Robinson began to beat him. 1 James testified that Green said he was not watching the apartment but had just come back from a party at a club and was waiting for a friend. The victim begged the defendant to tell “his folks” to leave him alone. The defendant’s response was that he had nothing to do with it now. James described what transpired next in the following testimony:

A. Then Gregory [Robinson] still constantly beating on him, hit him on top of the head with a broomstick and everything. Bust his head open, had blood on the wall. Then next thing I know—
Q. What was the defendant doing during this period of time? Did he try to stop this fight?
A. No, ma’am.
[[Image here]]
Q. Okay. And after this beating, what took place?
A. Then after the beating, they grabbed Vernon, took him upstairs. And when they took him upstairs, Gregory and them and Prentiss [defendant] had called a meeting again and they stepped in the kitchen.

After the victim was taken to a bedroom upstairs in the Black apartment, the next order of business was to punish James for having committed a violation of Gangster Disciple rules in that he failed to stay and help a fellow member fight a Vice Lord.

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Cite This Page — Counsel Stack

Bluebook (online)
76 S.W.3d 1, 2001 Tenn. Crim. App. LEXIS 182, 2001 WL 278104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-phillips-tenncrimapp-2001.