Jackson v. State

Decision Date19 February 2010
Docket NumberCR–06–1398.
Citation68 So.3d 201
PartiesEsaw JACKSONv.STATE of Alabama.
CourtAlabama Court of Criminal Appeals

OPINION TEXT STARTS HERE

Charles E. Caldwell, Birmingham; and, on application for rehearing, Alicia A. D'Addario and Randall S. Susskind, Montgomery, for appellant.Troy King, atty. gen., and Thomas Govan, Jr., asst. atty. gen., for appellee.MAIN, Judge.1

Esaw Jackson was convicted of three counts of capital murder for killing Pamela Montgomery and Milton Poole III. Jackson was convicted of capital murder for killing Montgomery by shooting her with a rifle fired from a vehicle, § 13A–5–40(a)(18), Ala.Code 1975; capital murder for killing Poole by shooting him with a rifle fired from a vehicle, § 13A–5–40(a)(18), Ala.Code 1975; and of capital murder for killing Montgomery and Poole during one act or pursuant to one scheme or course of conduct, § 13A–5–40(a)(10), Ala.Code 1975. Jackson was also convicted of two counts of attempted murder, see §§ 13A–4–2 and 13A–6–2, Ala.Code 1975, for shooting Denarius Montgomery and Shaniece Montgomery. Following the presentation of evidence at the penalty phase of the trial, the jury recommended, by a vote of 10 to 2, that Jackson be sentenced to death. The circuit court conducted a final sentencing hearing on March 16, 2007, and sentenced Jackson to death for his capital-murder convictions. The trial court also sentenced Jackson to consecutive terms of life imprisonment for the two attempted-murder convictions. Jackson filed a motion for a new trial, which was denied by operation of law on May 15, 2007. See Rule 24.4, Ala.R.Crim.P. This appeal, which is automatic when a defendant has been sentenced to death, followed. See § 13A–5–53(a), Ala.Code 1975.2

The evidence adduced at trial indicated that on February 1, 2006, Pamela Montgomery and Milton Poole III were killed and Shaniece Montgomery and Denarius Montgomery were injured when a gunman opened fire on their automobile. 3

Loretta Poole testified that she was the mother of Milton Poole III. She stated that she lived in Ensley until the housing project in which she lived closed, at which time she moved to Smithfield. According to Loretta, the move would have required Milton to change schools, so they decided that he would stay with the Montgomery family so he could remain a student at Ensley High School. Loretta testified that she and Pamela Montgomery were close friends, and that Pamela brought Milton to Loretta's house every evening so he could get a change of clothes and they could spend some time together, before taking him back to the Montgomery residence.

Loretta further testified she was familiar with Jackson, whom she referred to as “Wolf,” from living in the area. She testified that approximately two weeks before the shooting, she and a group of people were playing cards at her house. She stated that Jackson was outside her house and got into an argument with one of the people at her house because he believed that person was repeatedly calling his cellular telephone. According to Loretta, she told him nobody in her house was calling him.

Loretta testified that approximately one week after that confrontation, she was walking to the store with another person when they encountered Jackson and Jackson spoke to her friend. Loretta stated:

“And him and her made conversation, and we were still walking along. So they stopped talking, so I looked over at him, and I said—I say, ‘Esaw,’ I said, ‘why you rolling your eyes and acting like that toward me.’ I said, ‘what I done to you?’ He said, ‘You ain't did a damn thing to me.’ I said, ‘Well, what's the problem, then?’ I said—he said, ‘You know what, I ain't got no problem with you; not for real. I just don't like your ass.’ I said, ‘You don't like me.’ He said, ‘No.’ He said, ‘I want you to move.’ I said, ‘You want me to move?’ I said, ‘Well, I am,’ I said, ‘as soon as I can, because my Section Eight [Government Housing Program] came through where we can find it, and I'm trying to wait on my baby.’ He said, ‘You know what? You are going to find something, because I'm going to make you move.’ I said, ‘How you going to make me move?’ He said, ‘I'm going to do something to hurt you.’ I said, ‘Well, like what?’ You know, at first, I thought he was teasing. And I looked at him. I said, ‘Like what?’ He said, ‘I'm going to do something to hurt you.’ And he said, ‘What I'm going to do to hurt you, you ain't got no choice but to move.’ I said, ‘Why?’ He said, ‘It's going to hurt you so bad, you tell—you—after he said what I'm going to do,’ he said—(witness crying) ....‘You ain't going to be able to take it,’ he said, ‘because I'm going to come around.’ He said, ‘I'm going to turn around and do something to hurt you. They ain't going to do a damn thing.’ He said, ‘You going to know I did, and I'm going to know I did.’ He said, ‘I will drive up and down this alley, selling my drugs like I normally do, and when I get to your house,’ he said, ‘when I get to your house—’ God knows he did—he said, ‘I'm going to sit right there, turn my music up louder, and wait until you to come to the door.’ And he said—‘And every time you see me, it's going to make you cry, going to hurt you so bad you ain't going to have no choice but to move. You going to be looking at me, know what I did and got away with it.’ He told me that.”

(R. 56–57.) She stated that that conversation took place “within a week or two, no longer; wasn't quite two weeks” before the shooting.

A–Kia Hicks testified that she was walking with Loretta and heard Jackson tell Loretta that he was going to do something to hurt her and make her move, and he was going to—he was going to come through the—where she stay at, every day, and turn his music up when he get by her apartment, and it wasn't going to be nothing that she could do about it, and he was going to get away with whatever he was going to do.” (R. 250.)

Melanie Torrence testified that she knew Jackson as “Wolf.” She identified State's exhibit 22 as a photograph of his automobile. She testified about a confrontation between “Wolf” and an individual at the Poole residence approximately two weeks before the shooting where “Wolf” accused the person of calling his cellular telephone. According to Torrence, she saw Jackson on the morning of the shootings, and overheard him say something about his cousin “Pig” buying a gun; Torrence stated that Jackson indicated to her that he and his cousin were going to shoot “a new SK or something—some type of gun like that.” (R. 132.)

The State's evidence further indicated that on the evening of the shooting, the four victims left Loretta's residence at approximately 8:30 p.m. to return to the Montgomery residence; Pamela was driving; Shaniece was in the front passenger seat; Denarius was in the backseat on the driver's side; and Milton was in the backseat on the passenger side.

Denarius Montgomery testified that when they left Loretta's residence, he noticed Jackson's automobile parked down the alley, with Jackson in the driver's seat and two other individuals in the automobile. Denarius testified that as they were driving home, they were stopped at a red light at an intersection. Denarius stated that there was an automobile in front of them and an automobile behind them. He also testified that there was an automobile beside them. According to Denarius, another automobile pulled up beside them. He stated that he heard someone in that automobile yell “Bitch” so he looked over and saw Jackson driving that automobile. Denarius further stated that Jackson was pointing a gun at their automobile and that he opened fire. 4 He further testified that they were unable to drive away from the gunfire because other automobiles were also stopped in front of them, behind them, and beside them. According to Denarius, he, his mother, Shaniece, and Milton all exclaimed that they had been hit by gunfire. Denarius further testified that Milton said that “Wolf” was the one doing the shooting; Denarius also testified that he was aware before Milton's remark that “Wolf” was the gunman. Denarius stated that the gunman's automobile turned right and drove away and that they began to drive to the fire station to get assistance. He testified that his mother drove a few blocks before she lost consciousness near Holy Family Elementary School and that his sister climbed into their mother's lap and drove the final blocks to the fire station. Denarius stated that he went to the door of the firehouse, but nobody was there, and that the firemen returned from a call a few minutes later and began treating them. According to Denarius, he was shot in the hand and the leg, and he also sustained injuries to his arm from metal fragments. Finally, Denarius identified Jackson at trial as the person referred to as “Wolf.”

On cross-examination, Denarius stated that they had not noticed anyone following them when they left the Poole residence. He further stated that he saw gunfire from the front seat and from the backseat of the gunman's automobile. According to Denarius, after the gunfire, an automobile that was behind them—not the gunman's automobile—followed them as far as Holy Family, but then drove away. Denarius testified that he did not recall telling the police that an 18–wheeler was beside them at the light or that he could not identify the shooter.

Shaniece Montgomery testified that she had seen “Wolf” near Poole's residence one or two times before. Her testimony regarding the events at the red light and the subsequent drive to the fire station were substantially similar to Denarius's testimony set out above. She also testified that the automobile looked like a dark Buick Century, but that it was nighttime and she was not sure. She identified State's exhibit 22 as a photograph of “Wolf's” automobile. According to Shaniece, she had been shot four times, and she still had a bullet near her spine that the doctors had not removed. She stated...

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5 cases
  • Jackson v. State, CR–12–0667.
    • United States
    • Alabama Court of Criminal Appeals
    • February 7, 2014
    ...for the attempted-murder convictions.Jackson appealed and this Court affirmed his convictions, and sentences in Jackson v. State, 68 So.3d 201 (Ala.Crim.App.2009). In Ex parte Jackson, 68 So.3d 211 (Ala.2010), the Alabama Supreme Court reversed our judgment and remanded Jackson's case. In a......
  • Dotch v. State , CR–07–1913.
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    • Alabama Court of Criminal Appeals
    • June 11, 2010
    ...Saunders's general claim that the death penalty constitutes cruel [67 So.3d 1006] and unusual punishment is meritless.’ ”Jackson v. State, 68 So.3d 201, 206–07 (Ala.Crim.App.2009). See also Vanpelt v. State, [Ms. CR–06–1539, December 18, 2009] ––– So.3d ––––, –––– (Ala.Crim.App.2009) (Vanpe......
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    • Alabama Court of Civil Appeals
    • February 11, 2011
    ...where no other service is to be performed by the friend, and no benefit other than his company is to be conferred upon the driver, such [68 So.3d 201] friend, as a matter of law, becomes a guest ‘being transported without payment therefor’ within the meaning of the Ohio Guest Statute.” 10 O......
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    • Supreme Court of Alabama
    • September 24, 2010
    ...was denied by operation of law, he appealed. The Court of Criminal Appeals affirmed Jackson's convictions and sentences. Jackson v. State, 68 So.3d 201 (Ala.Crim.App.2009). Jackson raised only two issues on appeal to the Court of Criminal Appeals, both of which related solely to his capital......
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