Wilson v. State

622 A.2d 810, 95 Md. App. 680, 1993 Md. App. LEXIS 73
Court of Special Appeals of Maryland·Decided April 7, 1993·No. No. 1253·Published·Cited by 4 cases

Opinion

GARRITY, Judge.

At a jury trial in the Circuit Court for Prince George’s County (McCullough, J., presiding), appellant Ryan Wilson was found guilty of conspiracy to commit robbery with a deadly weapon and accessory after the fact to the crime of [682] felony murder. He was sentenced to a term of 14 years for conspiracy and a concurrent term of five years for being an accessory.

ISSUE

Appellant contends that the court erred in allowing into evidence the confession of a non-testifying co-defendant in a case in which the appellant was implicated in the crimes.

BACKGROUND

The body of Lawrence Johnson was found at about 6:40 a.m. on January 6, 1990 in the parking lot of an apartment project located in Landover, Maryland. He had been shot once in the head. The body was lying next to his automobile with the door open and the engine running. Found inside the car were $310 in cash, two pagers, several pieces of paper with “initials or names and phone numbers” on them, and numerous small bags of cocaine. On Johnson’s person was an additional $130 in cash. At trial, Detective Roger Irvin of the Prince George’s County Police Department testified that he arrested co-defendant Perry Lee on January 11, 1990 and took the following statement from him:

On January 6th, 1990 me, Anthony, Ryan went out in my father’s gold Honda. Ryan had his father’s D.C. Police gun. We were going to rob a dope dealer. Anthony had the gun. We went around Dodge Park Apartments. There was no one out so we decided to leave. When I saw a car enter the apartment, myself and Ryan were walking on the sidewalk. Anthony was about 15 feet in the street. That’s when the car came back and Anthony said, “Are you looking?” I could not hear what the person said in the car. Then Anthony said “Get on— get the fuck out or on.” The car stood for 30 seconds, then pulled in and parked. A male got out the car. He then reached back in the car and hit the horn and turned to Anthony and said putting his hands in the air “I’m the [683] biggest dealer around here.” Anthony then said, “No, fuck, you’re not,” and shot him. Anthony then ran. Me and Ryan walked away. I could not believe he had done that. I then got in my car, pick up Anthony, Ryan and talk about it and then dropped Ryan off and dropped Anthony off.
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[This is followed by:] Question number one, ... “What is Anthony’s name?” His answer, “Anthony Brady Weston.” Question number two, “What is Ryan’s name?” Answer, “Ryan O’Neil Wilson.” Question number three, “Where does Anthony live?” Answer, “It’s on Walkerton in Lanham, Maryland.” Question number four, “Where does Ryan live?” Answer, “It’s off of Hill Road somewhere. [sic] It’s the first left after from the townhouses.” Question number five, “What day did this occur?” His answer, “Friday night — Saturday morning.” Question number six, “At approximately at what time did this occur?” His answer, “About 5:30 to 6:00 in the morning a.m.” Question number seven, “What car were the three of you in?” His answer, “It’s my father’s ’89 gold Honda, Maryland tag. I don’t know the number.” Question number eight, “Who had the gun?” His answer, “It was Ryan’s father’s gun, but Anthony had the gun.” Question number nine, “Describe the gun.” His answer, “It’s a black gun with a brown handle, .38 Special with D.C. Cop written all over it.” Question number ten, “How was Anthony carrying the gun?” His answer, “It was under his jacket.” Question number eleven, “Where did the three of you go on Saturday, January the 6th, 1990?” Answer, “Dodge Park Road in Landover, Maryland.” Question number twelve, “Why did the three of you go there?” His answer, “To rob someone with cocaine.” Question number thirteen, “How did the shooting occur?” His answer, “Me and Ryan were walking down the sidewalk and we walked a couple of apartments down and came back. There were a couple people out there. They said that they did not have anything. We [684] were leaving. Me and Ryan were on the sidewalk. Anthony was ten to fifteen feet behind us and he was in the street. That’s when a car came in. The car went down about three buildings and it looked like he was dropping somebody off. Meanwhile, we were calling Anthony and saying, ‘Come on, Anthony, let’s go.’ The car came back and Anthony said, ‘Are you looking for something?’ He said that the — he said that to the guy in the car. I couldn’t hear what the guy said. The car pulled in front of the building where he was shot at. The guy got out of the car. He was rolling down his window. When he was doing this he reached back in the car and blew the horn three times. He was facing the building. Anthony was behind him. The guy turned around and threw his hands in the air and said, ‘I’m the biggest hustler around here.’ And Anthony said, ‘No, you’re not. I am.’ The whole time the gun was at his head. At first the guy hit the gun away and then Anthony shot the gun and then Anthony run down the street to the 25 Hour store. I walked to the car. Ryan left. He walked towards the store. I drove and picked up Ryan first and then Anthony. We talked driving home and I asked Anthony why he did that. He didn’t say why he did it. I dropped Ryan off, then Anthony at their homes.” My next question was, “What happened to the gun?” His answer was, “Anthony gave it to Ryan. I don’t know what Ryan did with the gun.” The next question was, “How many times did Anthony shoot the black male on Dodge Park Road?” His answer, “Once.” Question number sixteen, “Did you tell anybody about this incident?” His answer, “My girlfriend. I don’t want to tell you her name.” Question number seventeen, “Do you remember what Anthony was wearing that night?” His answer, “He was wearing a blue Dallas coat and a pair of jeans.” Question number eighteen, “What did you have on that night?” His answer, “A gray coat, blue jeans and some boots.” Question- number nineteen, “How about Ryan?” His answer, “I’m not sure,” Question number twenty, “Did the guy [685] Anthony have any type of weapon?” Answer, “From the distance that I was at, no.” Question number twenty-one, “How far back from Anthony were you when he shot the black male?” His answer, “Approximately ten to fifteen feet.” Question number twenty-two, “Did Anthony take anything from the black male that he shot?” His answer was, “No.” Question number twenty-three, “Did you waive your rights freely and knowingly?” His answer, “Yes. It was something that had to be done.” Question number twenty-four, “Is the statement accurate as to what you told me?” His answer, “It can’t get no better than it is.” Question number twenty-five, “Is this the truth?” His answer, “To be honest the honest to God truth.” Question number twenty-six, “Are you under the influence of any drug or narcotic?” His answer, “No, I’m not.”

Special Agent Douglas Reardon of the Virginia State Police testified that he had arrested appellant on January 11, 1990. Appellant was interviewed in the dean’s office of St. Paul’s College in Lawrenceville, Virginia, where he was a student. Appellant made the following statement:

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Wilson v. State, 622 A.2d 810, 95 Md. App. 680, 1993 Md. App. LEXIS 73 (Md. Ct. App. 1993).

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