Thompson v. State

602 So. 2d 1185, 1992 WL 163532
CourtMississippi Supreme Court
DecidedJuly 8, 1992
Docket89-KA-1016
StatusPublished
Cited by13 cases

This text of 602 So. 2d 1185 (Thompson v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thompson v. State, 602 So. 2d 1185, 1992 WL 163532 (Mich. 1992).

Opinion

602 So.2d 1185 (1992)

Robert THOMPSON, Sr.
v.
STATE of Mississippi.

No. 89-KA-1016.

Supreme Court of Mississippi.

July 8, 1992.

*1186 Jackson M. Brown, Starkville, James A. Walters, Walters & Easley, Columbus, for appellant.

Michael C. Moore, Atty. Gen., John R. Henry, Jr., Sp. Asst. Atty. Gen., Jackson, for appellee.

Before ROY NOBLE LEE, C.J., and ROBERTSON and SULLIVAN, JJ.

SULLIVAN, Justice, for the Court:

Robert Thompson, Sr. (Thompson) was indicted for the murder of Sammy Lee Clayburn (Clayburn) and was convicted of manslaughter in the Circuit Court of Lowndes County and sentenced to serve a term of twelve (12) years in the Mississippi Department of Corrections. Because of erroneous jury instructions, this case is reversed and remanded for a new trial.

Thompson owned and operated a lounge-bar in Lowndes County, which was located in a sheet metal building with a concrete floor. Pool tables, game machines, and a jukebox were located in close proximity to the bar, with tables and chairs for the patrons.

On December 14, 1987, Clayburn, who had a broken ankle and used crutches, visited the bar during the morning hours. According to Thompson, Clayburn "got some beer" and left. About an hour and a half later, Clayburn returned with a pistol stuck in his pants, and the following conversation took place:

And he asked me if I wanted to — to — to buy a pistol and I said, "I'd — I'd appreciate it if you'd take that outside and leave it in the car. This is no place for it." He said, "Where I go, my pistol goes." I said, "Well, Bo,[1] why don't both of you go then?" And he, uh, said, "You want to — will you pawn it?" I said, "I don't pawn anything here, Bo, and I want you to take the pistol and yourself and leave," because he seemed at this time that he had maybe had one too many. *1187 He, uh, again left, and uh, later the day — in the day he, uh, at what time I can't recall, he came back and still had the pistol. Again the same thing, I asked him to leave and to take the pistol. He replied in the same manner except he was more belligerent this time. Well my son came in. I had to run an errand to West Point, and my nephew had come in during this time and he went with me.

When Thompson returned from West Point, Clayburn was seated at one of the tables in the lounge. His head was slumped over and according to Walter Young, "he had one too many." There were several patrons of the lounge present at that time. Testimony of those present is somewhat less than harmonious. Thompson's recollection of the fatal shooting was:

When I came back he was still there. I walked in; he was at the table sitting right in front of the bar. I walked in and I said — and he looked at me, and I said, "Bo, I thought I told you to get out of here with that pistol," and he made the remark again, he said, "where I go, my pistol goes." I said, "Well, God damn it, you and that pistol both get out of here," and turned around and looked at Robbie and I said, "Robbie, call the law," and I went behind the counter. Willie D. Bash, Senior stood up, said, "Mr. Robert, ain't no need for that. We'll get him out of here." I looked at Robbie; Robbie had the phone in his hand. I said, "Robbie, wait a minute." I looked at Willie D. I said, "Ya'll go ahead and get him out of here." Well Bo was standing at this time; he wasn't about to listen to them. The did — he just would not listen, and he started reaching for that pistol. I said, "Bo, don't — don't pull that pistol out. Don't put your hand on the pistol." I said, "Because I've got one too. Just leave." Well he made a motion and to my thinking he was going to pull the pistol on me. I pulled mine out and laid it on the counter while he was still looking at me so he would see that I was — I had a pistol. And the man — "I don't know what was wrong," I said, "For God sakes, don't pull that pistol," and out it came and was pointed at me and he was coming up pointing at me, I pulled my pistol and fire. That was the events of that day.

However, the testimony of Willie Bash, Jr., was:

Q ... when you spoke of your father and you, uh, attempting to get Sammie Bo Clayburn out of the place. Do you recall that?
A I do.
Q Did you and your father attempt to get him to leave?
A Yes. We were trying to get — trying to make him come out of the place and leave.
Q All right. Well where was he when you were doing this?
A He was standing right at the table.
Q Did he resist you?
A No. He didn't even try to resist nor nothing.
Q Did he pull away from you?
A No, He didn't.
Q Did he tell you that he wouldn't go?
A No, he didn't.
Q Then why were you not able to get him out of there?
A Because no soon — no soon we was trying to get ready to get him out of there, and then Mr. Thompson said, "More than you have a gun." And that's when he cocked his gun and throwed down. When he throwed the gun down, my old man — my — meaning my father, backed up. Then I backed up, and then I started tipping towards the door.

Walter Young testified:

Q Now I ask you, Mr. Young, did you see Robert Thompson point a gun at Bo Clayburn?
A That's correct.
Q Where was he standing when he pointed the gun at Bob Clayburn?
A He had, uh, walked out from behind the bar and, uh, when I heard the gun click, that's when I looked back around and he had it like this.
Q Pointed out at him?
*1188 A Pointed out at him.
* * * * * *
Q Let me ask you this: Did you see Bo Clayburn with his left hand held out holding a gun?
A No.
Q Did you see Bo Clayburn with his right hand pointed out with a gun towards —
A No.
Q — the Defendant? Did you see Bo Clayburn's crutches?
A Had them up under his right shoulder.
Q Where they up under the cup of his shoulder?
A Up under here.

Willie Lee Henry testified that when the fatal shots were fired, Clayburn was not saying or doing anything, his right hand was on the side, his left hand was down, he had nothing in either hand, and he was not reaching with any hand for anything.

Clayburn was shot twice with a .22 caliber pistol fired by Thompson. One bullet entered the front of his neck, and another struck his chin and entered his chest. Clayburn died from these wounds. Law enforcement officers called to the bar found Clayburn lying on the floor in a pool of blood with a .32 caliber pistol underneath him.

During trial, Thompson elicited on cross-examination of Walter Young, a State witness, that a relative of Clayburn had cut Thompson's throat on an earlier occasion. Merle Morton testified that some two weeks prior to the fatal occurrence, Clayburn told Morton there was a conflict between Thompson and two cousins of Clayburn and that he [Clayburn] was going to shoot Thompson. On cross-examination, Morton stated that the cousins' conflict with Clayburn resulted from some trouble they had started in the lounge.

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Cite This Page — Counsel Stack

Bluebook (online)
602 So. 2d 1185, 1992 WL 163532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-state-miss-1992.