Walton v. State

998 So. 2d 971, 2008 WL 4879656
Mississippi Supreme Court·Decided November 13, 2008·No. 2006-CT-01065-SCT·Published·Cited by 24 cases

Opinion

998 So.2d 971 (2008)

Desmond D. WALTON
v.
STATE of Mississippi.

No. 2006-CT-01065-SCT.

Supreme Court of Mississippi.

November 13, 2008.
Rehearing Denied January 29, 2009.

*972 George T. Holmes, Jackson, attorney for appellant.

*973 Office of the Attorney General by John R. Henry, attorney for appellee.

EN BANC.

ON WRIT OF CERTIORARI

CARLSON, Justice, for the Court.

¶ 1. After a jury trial in the Circuit Court of Forrest County, Judge Robert B. Helfrich presiding, Desmond D. Walton was convicted of murder and sentenced to a term of life imprisonment in the state penitentiary. Walton appealed his conviction and sentence, and the Court of Appeals unanimously affirmed. Walton v. State, 998 So.2d 1011, 2007 Miss.App. LEXIS 757 (Miss.Ct.App. Nov. 13, 2007), rehearing denied, Walton v. State, 2008 Miss.App. LEXIS 162 (Miss.Ct.App. March 18, 2008). Walton petitioned this Court for a writ of certiorari, and we granted certiorari to address the issue of whether the Court of Appeals erred in holding that the admission of his statement given without a proper Miranda warning was harmless error. Finding that the error was harmless, we affirm.

FACTS AND PROCEEDINGS IN THE TRIAL COURT[1]

¶ 2. On June 1, 2004, Patrick Anderson a/k/a "PoBill" was found dead from a gunshot wound, lying face down in his driveway. Anderson was a reputed drug dealer and member of the Black Gangster Disciples. He lived in the Rawls Springs community just outside Hattiesburg in a house surrounded by a six-foot fence, guard dogs, and closed-circuit television cameras. No footage of the murder was captured by these cameras. No weapon was recovered from the scene. Anderson was found with six hundred dollars in cash on his person. No eyewitnesses came forward; however, observers of the police investigation of the murder scene indicated that a dark-colored Lincoln automobile might have been involved.

¶ 3. After hearing that law enforcement personnel were looking for his car, Jonah Pinkney turned himself into the George County Sheriff's Department in Lucedale. Pinkney gave investigators the names of Jerry Street, Eric Love, and Michael Love. Street and Michael Love eventually would surrender to law enforcement as well. Each gave statements and testified at trial. Both Pinkney and Street implicated Walton as the shooter, and Michael Love stated that Walton admitted to him, "Man I did him [Anderson]. I had to do him."

¶ 4. Pinkney testified that he owned a 2002 Lincoln LS. He testified that his cousin, Jerry Street, called him on the day of the murder and asked him for a ride to Hattiesburg for the purpose of visiting "some girls." Pinkney then met Street, Michael Love, Eric Love, and a person whom he did not know, but later learned was Desmond Walton. Pinkney, Street, and Walton rode to Hattiesburg in Pinkney's car. Michael and Eric Love followed in a pick-up truck. Pinkney recalled that, upon arriving in Hattiesburg, they made an initial stop at "some apartments," where Eric Love got into his car along with Street and Walton. They left the apartments in Pinkney's car. Michael Love remained in his truck.

¶ 5. They continued driving around in the two vehicles until Michael Love flashed his lights at Pinkney's car to alert them that Patrick Anderson, the soon-to-be victim, had passed by Pinkney's car in his *974 truck. Pinkney was instructed to turn around and follow Anderson's vehicle. Upon arriving at Anderson's home, Walton instructed Pinkney to pull in behind Anderson's truck. Walton got out of the car wearing a Halloween mask that resembled a skull. As Anderson approached Pinkney's car, Walton met him; and the pair began talking. Pinkney saw Walton grab Anderson by the shirt and shoot him. Pinkney then drove Street and Walton back to Lucedale. En route, Walton discarded the Halloween mask alongside Highway 98. The mask was recovered by a Mississippi Department of Transportation employee. At trial, Pinkney identified this mask as the one worn by Walton on the day of the killing.

¶ 6. Michael Love testified at trial that Anderson was his drug supplier who "fronted him" drugs that he would, in turn, sell on behalf of Anderson. He testified that the purpose of the trip to Hattiesburg was to buy drugs. Michael also testified that he was at the apartments at the time of the shooting and therefore did not actually witness the shooting. He further stated that he later met Eric Love, and the two drove back to Lucedale, where they rejoined Walton, Street, and Pinkney. He recalled that Walton, in discussing the murder, stated to him: "Man I did him [Anderson]; I had to do him."

¶ 7. Street testified that Pinkney, Eric Love, and Michael Love were his cousins. He testified that the purpose of the trip to Hattiesburg was to rob someone. After driving around and spotting Anderson in his vehicle, they followed Anderson to his house, where Walton got out of the car wearing a Halloween mask and shot Anderson.

¶ 8. Walton was taken into custody on June 11, 2004, in Mobile, Alabama. While in custody, he was interviewed on two occasions. The interviews were videotaped but not transcribed. An agent with the Drug Enforcement Agency conducted the first interview concerning incidents unrelated to the murder of Anderson. This interview was terminated when Walton stated he did not want to continue to answer questions. This videotape was suppressed by the trial judge after the agent's refusal to appear in Mississippi to testify. After this interview, as Walton was being escorted back to his cell, a Mobile police officer told him that if he were going to make a statement to help himself "now was the time." The second interview was conducted by Detective Don Gomien with the Mobile Police Department. For most of the forty-minute interview, Walton maintained his innocence. Walton then claimed that he had gone to Anderson's house to buy drugs and that, during the drug exchange, Anderson had pulled out a gun and Walton had shot him in self-defense. Walton was not given his Miranda warnings prior to this second interview.[2]

¶ 9. Eric Love was awaiting his own trial at the time of Walton's trial, and Eric did not testify. Walton did not testify on his own behalf or offer any other evidence. The jury found Walton guilty of the murder of Anderson, and the judge sentenced Walton to a term of life imprisonment in the custody of the Mississippi Department of Corrections.

PROCEEDINGS IN THE COURT OF APPEALS

¶ 10. The Court of Appeals did not characterize the statements in the second interview as a confession, but as an assertion by Walton that he acted in self-defense in shooting Anderson. The Court of Appeals, however, did find that the admission *975 of this videotape was prejudicial to Walton's defense. Walton v. State, 998 So.2d at 1015, 2007 Miss.App. LEXIS 757, *10-11 (Miss.Ct.App. Nov. 13, 2007). As noted by the Court of Appeals: "However, the issue is not simply prejudice. It is, whether in light of the record as a whole, Walton would have been convicted beyond a reasonable doubt even without the tainted statement." Id. The appellate court found beyond a reasonable doubt that even without the tainted confession, Walton would have been found guilty based on the overwhelming weight of the evidence, which included the testi

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