State v. Willis

362 N.W.2d 382, 1985 Minn. App. LEXIS 3853
CourtCourt of Appeals of Minnesota
DecidedFebruary 19, 1985
DocketNo CX-84-1231
StatusPublished
Cited by1 cases

This text of 362 N.W.2d 382 (State v. Willis) is published on Counsel Stack Legal Research, covering Court of Appeals 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. Willis, 362 N.W.2d 382, 1985 Minn. App. LEXIS 3853 (Mich. Ct. App. 1985).

Opinion

OPINION

POPOVICH, Chief Judge.

Appellant Samuel Willis was convicted of murder in the second degree, Minn.Stat. *384 § 609.19 (1982) and assault in the second degree, Minn.Stat. §§ 609.222 and 609.11 (1982), and was sentenced to concurrent prison terms of 120 and 60 months. On appeal he (1) claims the trial court improperly excluded evidence of the homicide victim’s background which was relevant to appellant’s self-defense claim, (2) challenges the sufficiency of the evidence that he did not act in self-defense, (3) alleges error in the admission of his prior convictions, and (4) claims he is entitled to jail credit for time spent in Illinois on another charge. We affirm.

FACTS

Around noon on August 16, 1982 appellant Samuel Willis, a recent arrival from Chicago, visited the area of 1051 Bryant Avenue North in Minneapolis. There, in front of an old boarded-up apartment building, neighborhood residents would gather to socialize, drink, smoke marijuana and gamble. While Grover Dickson, age 71, operated a “craps” game, appellant started his own craps game. Most of the people soon joined appellant’s game, apparently because appellant did not take a “cut” from the money bet in the game as Dickson did.

An argument soon ensued between Frederick “Cat” Evans and appellant over a $5.00 bet. The two pushed, shoved and swore at each other. Cat called to his brother, James “Boo” Evans, for help. Boo jumped out of his car, pulled a straight-edge razor and threatened appellant. Several onlookers attempted to restrain Boo. Meanwhile, appellant edged towards a friend's truck parked nearby. He pulled out a rifle and began firing shots. Appellant struck Grover Dickson with the butt of the rifle. He ran after Boo across the street and up a path between some apartment buildings, firing several more shots on the run. Appellant then returned to where Grover Dickson was lying and beat him again with the butt of the rifle. Boo died from a single gun shot wound which entered the lower back from a distance of about two to three feet away. Grover Dickson’s injuries included a broken left arm.

Appellant immediately returned to Chicago and was arrested there later on an unrelated matter. He was eventually extradited to Minnesota and was charged with murdering Boo Evans and beating Grover Dickson.

At trial, appellant claimed he acted in self-defense. He testified he was pushing with Cat and the crowd was yelling “Fuck that punt,” referring to him. Appellant claimed he wanted to leave and asked his friend to drive him home. As he headed towards his friend’s truck he said Boo was in a rage screaming, “I’m going to fuck you up” and was lunging at him with the razor. Appellant said Boo was restrained by several people. Appellant testified he thought things had settled down but as he walked towards the truck he saw Boo rushing after him, clutching the razor. Appellant got into the truck and after Boo lunged in with the razor, he grabbed a rifle and fired it at Boo. He claimed Grover Dickson then jumped him so he hit him with the gun. He fired some shots into the air to scatter the crowd. Later Grover Dickson again lunged at him and he struck Dickson with the rifle and fled.

ISSUES

1. Did the trial court err by excluding evidence of Boo’s prior arrests or convictions?

2. Did the trial court err in admitting defendant’s prior convictions for impeachment purposes?

3. Was the evidence sufficient to prove defendant did not act in self-defense?

4. Is defendant entitled to jail credit for time spent in Illinois on unrelated matters while extradition was pending for these offenses?

ANALYSIS

I.

Appellant contends the trial court prejudicially erred by excluding evidence of *385 Boo’s prior criminal record of a 1981 arrest for aggravated robbery, 1980 arrests for two second degree assaults and a third degree assault, a 1979 theft conviction, a receiving stolen property conviction in 1979, and a 1979 arrest for criminal sexual conduct. This evidence was intended to show Boo was a violent person, and would substantiate his self-defense claim. Although not specifically stated by defense counsel, arguably the evidence supported appellant’s claim he was reasonably put in apprehension of serious bodily harm. See State v. Rule, 355 N.W.2d 496 (Minn.Ct.App.1984).

The trial court’s ruling was not erroneous. There is no showing the acts which led to Boo’s prior arrests were directed at the defendant himself, State v. Taylor, 258 N.W.2d 615, 619 (Minn.1977) or even that appellant knew about the specific acts. State v. Bland, 337 N.W.2d 378, 383 (Minn.1983); Taylor, 258 N.W.2d at 619-20. The acts were not relevant on the issue of Boo’s intent or knowledge under Minn.R.Evid. 404(b). Bland, 337 N.W.2d at 383. Boo’s prior convictions of theft and receiving stolen property were properly excluded because there was no showing appellant was aware of the convictions at the time of the incident, Taylor, 258 N.W.2d at 620.

The trial court, however, admitted evidence of Boo’s reputation as a troublemaker, a violent person with a bad temper, and well-known by police. Defense counsel’s closing argument pointed out Boo had a reputation for having a short temper and a violent nature. The prosecutor’s closing argument admitted the evidence showed Boo came at appellant with a razor. Under these circumstances, it is extremely unlikely the excluded evidence would have led to a different result. State v. Matthews, 301 Minn. 133, 135, 221 N.W.2d 563, 565 (1974); see State v. Turner, 359 N.W.2d 22, 24 (Minn.1984). Appellant’s proffered evidence had little, if any, probative value to appellant’s self-defense claim. The trial court’s evidentiary rulings are affirmed.

II.

Appellant’s contention that the trial court erred in admitting three armed robbery convictions for impeachment purposes under Minn.R.Evid. 609 is without merit. Under the standards set out in State v. Jones, 271 N.W.2d 534 (Minn.1978), we find no error.

III.

Appellant argues the State did not meet its burden of proving the shooting of Boo and the assault of Grover Dickson were not in self-defense.

1. Minn.Stat. §§ 609.06 and 609.-065 allow the use of deadly force as self-defense if (a) the killing was done in the belief it was necessary to avert death or grievous bodily harm; (b) the judgment of the defendant as to the gravity of the peril to which he was exposed was reasonable under the circumstances; and (c) the defendant’s election to kill must have been such as a reasonable man would have made in light of the danger to be apprehended. State v. Austin,

Related

State v. Willis
376 N.W.2d 427 (Supreme Court of Minnesota, 1985)

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Bluebook (online)
362 N.W.2d 382, 1985 Minn. App. LEXIS 3853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-willis-minnctapp-1985.