Williams v. State

36 S.W.3d 324, 343 Ark. 591, 2001 Ark. LEXIS 46
CourtSupreme Court of Arkansas
DecidedFebruary 1, 2001
DocketCR 00-520
StatusPublished
Cited by37 cases

This text of 36 S.W.3d 324 (Williams v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. State, 36 S.W.3d 324, 343 Ark. 591, 2001 Ark. LEXIS 46 (Ark. 2001).

Opinion

JIM HANNAH, Justice.

Appellant Kenneth Williams was convicted of capital murder, attempted capital murder, two counts of aggravated robbery, two counts of kidnapping, two counts of theft of property, and one count of arson, and sentenced by a jury to life in prison without parole. Williams raises two points on appeal. First, Wilbams argues that the trial court abused its discretion by allowing the State to introduce evidence of another crime for which he was convicted to prove modus operandi under Ark. R. Evid. 404(b). Second, Williams argues that the trial court erred by not granting a mistrial due to prosecutorial misconduct during closing arguments. We find no merit to Williams’s argument and affirm.

Facts

On December 13, 1998, Peter Robertson, a student at the University of Arkansas at Pine Bluff, and his friend Dominique Herd borrowed a friend’s gold 1999 Mitsubishi Galant and went to dinner at Bonanza Steak House in the late afternoon. Upon exiting the restaurant after dinner while it was still daylight, a man approached the couple, briefly conversed with them, and then pulled a gun, a silver revolver, and forced them into their car. The man sat in the back seat of the car and directed Robertson where to drive. He first made them go to a bank ATM to withdraw approximately $70 from Robertson’s account, and they then attempted to withdraw money from Herd’s account. When Herd could not remember the password, the man directed Robertson to drive off.

During the drive, the man continued to tell the couple that they would be fine. He made the couple drive around town, and he directed them down several dead-end streets. At one dead-end, he made the couple get out of the car, and he made Robertson take a picture of Herd with Robertson’s camera, after the man lifted Herd’s dress and pulled down her underwear. Robertson took a second picture of the man after Herd had straightened her clothes. After this episode, the man directed the couple to drive to another dead-end street, exit the car, climb a fence, go behind a shed, and kneel down. The man then got into the car and pulled off; however, he backed up, asked Herd for her pocketbook, and then asked, “Where did you say you were from again?” Herd answered, “Dallas,” and Robertson answered, “New Jersey.” The man then said, “I don’t like the niggers from Dallas anyway,” and started shooting the couple, emptying the gun. The man then drove off. Robertson was able to make it to the road where a passing car picked him up and took him to a house where he called the police. Robertson survived the shooting, but Herd died from a gunshot to her head. The police ultimately found the car at the end of a dead-end street where it had been burned.

On December 18, 1998, Williams was charged with one count of capital murder, one count of attempted capital murder, two counts of kidnaping, two counts of aggravated robbery, two counts of theft of property, and one count of arson. Williams was appointed a public defender, and Williams’s counsel and the prosecutor proceeded with motions and discovery. Included in those motions was a motion in limine filed on September 9, 1999, by defense counsel requesting that the trial court prohibit introduction of Williams’ prior aggravated robbery conviction under Rule 404(b) of the Arkansas Rules of Evidence because that evidence was not relevant, and its probative value was vastly outweighed by its prejudicial impact. On that same day, the State moved to introduce this same evidence under the modus operandi exception to the general rule of exclusion. In an Order filed September 13, 1999, the trial court granted the State’s motion to introduce that evidence, and in effect, denied Williams’s motion to exclude the same evidence.

Jury selection began on September 9, 1999, and the trial concluded on September 14, 1999. The prosecution presented fifteen witnesses. The prosecution’s first witness was Robertson, who testified about the facts surrounding his and Herd’s abduction. During his testimony, Robertson identified the perpetrator as Williams, and pointed to him in the courtroom. Robertson also testified that when questioned by the police, he originally described the perpetrator as possibly having a gold tooth. However, Robertson testified that upon later reflection, he did not think that the man had a gold tooth. Robertson also testified that he identified Williams in a photo lineup as the man who shot him and Herd.

Next, Shantella Anderson testified that the burned car that was recovered was hers, and that it was a total loss. Stephen Hankins testified that he and his brothers went back to the scene of the shooting after one of his brothers drove up to the house with Robertson in the car after he had been shot. Hankins and his brothers found Herd where Robertson described, and Hankins testified that they attempted CPR on her and ultimately flagged down a car to call an ambulance. The prosecution presented other witnesses who testified about seeing a man possibly matching Williams’s description who was driving a car like Anderson’s, and who entered a convenience store on the night of the shooting. These witnesses, however, could not identify who the man was. Richard Gilliam testified that he worked with Williams around the time of the shooting, and that Williams took unprecedented interest in the newspaper story about the car-jacking and shooting.

The prosecution then presented testimony from the medical providers and State Crime Lab investigators who worked on this case. Dr. Lee Forestiere testified about Robertson’s injuries when Robertson was taken to the emergency room. Dr. Charles Kokes, an associate medical examiner at the State Crime Lab, testified about the autopsy performed on Herd. He stated that Herd sustained two gunshot wounds, including one to the top of her head, fired at a range of more than two feet away, and that these wounds were the cause of death.

The State presented evidence from the investigating officers in Pine Bluff. Greg Bohn, an investigator at the Jefferson County Sheriffs Department, testified that he went to the scene of the shooting after receiving a call at about 5:20 p.m. on December 13, 1998. He testified that Anderson’s car was found burning about two blocks from Williams’s apartment. Bolin also testified that Robertson described the perpetrator to him as he helped prepare an identification kit, and that Robertson was not sure whether the man had a gold tooth. Ultimately, Bohn testified that Williams became a suspect in another similar car-jacking case in which a car was burned in almost the same location. Furthermore, Bolin testified that Robertson selected Williams in the photo lineup. Stephen Moreau, an investigator with the Sheriff s department, also testified and added that Williams lived about two blocks from where the cars were burned, and that the cars were burned about fifty to seventy-five yards away from each other. Moreau testified that Robertson reacted strongly when shown a picture of Williams, and that Robertson identified Williams from a picture. Moreau also stated that Robertson said the perpetrator wore black Lugz boots, but that upon searching Williams’s apartment, the police did not find any such boots. However, Moreau stated that in the search of Williams’ apartment, the police found the insurance card of Sharon Hence, the victim of the other car-jacking incident for which Williams was convicted.

On the next day of trial, Hence testified.

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Bluebook (online)
36 S.W.3d 324, 343 Ark. 591, 2001 Ark. LEXIS 46, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-state-ark-2001.