Benjamin v. State

• Decision Date: 06 June 2013
• Docket Number: No. 2010–KA–01569–SCT.,2010–KA–01569–SCT.
• Citation: 116 So.3d 115
• Parties: Tevin James BENJAMIN v. STATE of Mississippi.
• Court: Mississippi Supreme Court

116 So.3d 115

Tevin James BENJAMIN

v.STATE of Mississippi.

No. 2010–KA–01569–SCT.

Supreme Court of Mississippi.

June 6, 2013.

Robert B. McDuff, Michael P. Addis, attorneys for appellant.

Office of Attorney General by Ladonna C. Holland, attorney for appellee.

EN BANC.

CHANDLER, Justice, for the Court:

¶ 1. A Jackson County jury found Tevin James Benjamin guilty of capital murder with the underlying felony of robbery, and the court sentenced him to life in the custody of the Mississippi Department of Corrections (MDOC) without the possibility of parole. Benjamin has appealed. We find that Benjamin's statement to the police was taken in violation of his rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). Therefore, we reverse and remand for a new trial. We do not address Benjamin's other issues.

FACTS

¶ 2. On October 23, 2008, Michael and Linda Porter were traveling to Pascagoula to watch Linda's grandson play football. It was a dark, rainy night. At approximately 6:50 p.m., they stopped at a Conoco gas station in Moss Point to ask for directions to the football stadium. The Conoco was on the corner of Peters Street and Highway 63. Michael, who was driving, pulled in front of the gas station, parallel to the pumps, with the front of the car facing Peters Street. He exited the car to go into the gas station, and Linda stayed in the car. She saw three young men standing in front of the car, one with a white towel over his head. About ten seconds later, two of the men walked past the car, and she heard a commotion in the rear of the car. She looked through the rear window and saw two of the men attacking Michael, while the third man with the white towel kept watch on her. Michael wrestled with the men and managed to open the driver's side door, push them off, get inside the car, and slam the door on them. Once inside the car, Michael held the door shut with his right hand and attempted to work the gear shift with his left hand. The man with the white towel approached the car, aimed a gun at Linda, and then at Michael, and fired. The bullet struck Michael in the chest. The assailants fled. Michael managed to get the car in gear and drive away, but quickly succumbed to the bullet wound. Linda stopped the car and ran to a nearby house for help. When the police and paramedics arrived, Michael was transported to Singing River Hospital, where he was pronounced dead. Linda was unable to identify the assailants, whom she described as black males in their early twenties.

¶ 3. The police arrested Benjamin, Darwin Wells, Terry Hye, and Alonzo Kelly in connection with the crime. It was determined that Wells had fired the fatal shot. The police searched Wells's home and found a handgun. Carl Fullilove with the Mississippi Crime Laboratory testified that the bullet that had killed Michael Porter had been fired from that gun.

¶ 4. Kelly, who was indicted and pleaded guilty as an accessory after the fact, was a key witness at Benjamin's trial. Kelly testified that, the morning of the crime, Hye and Benjamin had come to his house. Hye talked to Wells on the phone about “hitting a lick” ¹ to get money to go to the county fair. Then, the three left Kelly's house and met Wells at the Little Super gas station on Highway 63. They left shortly, and Wells got into a fight, and the four were stopped by police, frisked for weapons, and released. Kelly and Hye spent the rest of the afternoon together, but Wells and Benjamin each went their separate ways until all four men met again at around 5 or 6 p.m. They returned to the Little Super. Wells wanted to “hit a lick” at the Conoco. On the walk to the Conoco, Wells showed the other individuals that he had a gun. At the corner of Gregory and Peters Streets, Kelly stopped and refused to accompany the others to the Conoco. He waited at the intersection while the others proceeded down Peters Street toward the Conoco. He testified that he briefly looked away, then looked back and saw Benjamin and Hye standing near the end of the street. He turned around, and about ten seconds later, he heard a gunshot and saw Benjamin, Hye, and Wells running back toward him. Kelly ran with them to Wells's house, and then they split up. The next day, they met at Wells's house and discussed what to say if they were caught. Kelly testified that Benjamin planned to say he was at the fair at the time of the crime.

¶ 5. Benjamin told the police that he, Kelly, and Hye were at the fair at the time of the crime. He claimed to know nothing about the shooting. Jerry Givens, a trusty at the jail where Benjamin was incarcerated awaiting trial, testified that Benjamin had given him a note to pass to Hye. Givens testified that he read the note, threw it away, and told Hye about its contents. Givens testified that the note indicated that Benjamin wanted to get a story together with Hye before trial. Givens testified that the note stated Benjamin and Hye were going to “hit a lick” at the Conoco by getting BC powder to make fake cocaine to “sell ... to a dummy” when they heard a gunshot and ran away. Givens also stated the note indicated Kelly said “they were stupid for shooting the dude.” Givens also testified that an officer caught him with a note from Hye to Benjamin. The State used Benjamin's statement to the police that he had been at the fair and his note to Hye, to argue that Benjamin had lied about his whereabouts during the crime. The State also argued that Benjamin's false statement to the police that he had been at the fair corroborated Kelly's testimony that Benjamin had planned to use the fair as his alibi.

¶ 6. The jury found Benjamin guilty of capital murder with the underlying felony of robbery. He was sentenced to life without the possibility of parole.

DISCUSSION

I. WHETHER BENJAMIN'S STATEMENT WAS OBTAINED IN VIOLATION OF MIRANDA.

¶ 7. Benjamin was fourteen years old at the time of the crime. A few days after the shooting, Officer Miller questioned Benjamin in the presence of his mother and a second, unidentified police officer. The conversation was recorded on audio and video. Officer Miller read Benjamin his Miranda rights, but Benjamin asked for his youth-court attorney. See Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). Officer Miller stated that Benjamin would not be in youth court because he was being “charged in the ... capital murder out at the ... Conoco gas station.” Benjamin expressed surprise that he was being charged with capital murder. Then, the following occurred:

Miller: Who is your lawyer?

Benjamin: Mrs. Brenda Lotts.

Miller: Brenda Lott is a ...

Officer: I know Brenda. Down in Youth Court.

Miller: She's, she's, you're gonna have to talk to uh, I don't think she can come down here but I don't know. I think she's a public defender down at the Youth Court. You won't be going to Youth Court.

Benjamin: Where I'm gonna be staying the night at?

Miller: Right here in the jail.

Mother: You better think about it baby. I'm telling you cause you know dern well I don't have no money for no lawyer.

Benjamin: So ya'll saying if I don't talk to ya'll, ya'll just going to charge me with it.

Miller: We're going to detain you, yes.

Benjamin: It's just that I don't even know nothing about no murder.

Miller: Ok.

Benjamin: That's what I'm saying.

Miller. Ok. You'll have to tell your lawyer.

Benjamin: I ain't trying to stay the night here, so could I, you know, I ain't did nothing.

Miller: Ok, you'll have to tell your lawyer all of that and then they'll tell us all of that.

Officer: Ok. That's all we can do. He asked for his lawyer, so.

At that point, Miller looked at Benjamin's mother and said “The only way that anything will change is if he request a, you know, request it. And uh, I can't, I can't pressure him into changing his tune about wanting a lawyer, you know, and that kind of stuff. So, if you want to speak to him for a few minutes then, you know, we'll go from there.” Miller and the officer exited the room, leaving Benjamin alone with his mother.

¶ 8. As shown by the following excerpts from their conversation, Benjamin's mother immediately began pressuring Benjamin into relinquishing his request for an attorney and talking to the police:

Mother: T.J. I'm telling you now. If you know something, you did something, you better let them know.

Benjamin: Know what, I ain't did nothing. That's what I'm telling, that's what I'm steady trying to say.

....

Mother: See, see what I told you. If you'd just learn to listen to me. That's why I keep telling you and Trell. Ya'll put me in predicaments. You know I ain't got no money for no lawyer. And then if they get a public defender you know how they work.

....

Mother: Should have do the questioning and told what you know.

Benjamin: What I know about what?

Mother: I don't know. You have to let them go through the questions with you.

After a few minutes, Miller returned to the room. Benjamin's mother asked what Benjamin had to do if he was going to talk. Miller responded:

Well he's gonna have to probably request it that he talks to somebody at this point. But uh, it may be best to just wait until tomorrow and talk, you know, you know, and let him stay back there in jail tonight. Well uh, we got all we need. We don't really need to talk to him. We just wanted his side of it. And if he don't want to give it to us that's fine you know. We'll we'll eventually uh, eventually I'm sure that he'll either tell his attorney or tell the judge or tell somebody while ...

When Miller said that Benjamin would stay the night in jail, he looked directly at Benjamin. Miller said he was trying to get Benjamin's side of the story, but that they had no problems with it if he wanted to work through it with an attorney. Then, the following occurred:

Mother: So what, why, what you oh so you just saying let him stay here?

Miller: He's going to have to stay here with us, yes ma'am. It's a capital offense and that's happened....