Bryant v. State, 2015–KA–01667–COA

• Citation: 232 So.3d 174
• Decision Date: 02 May 2017
• Docket Number: NO. 2015–KA–01667–COA,2015–KA–01667–COA
• Parties: Dwayne BRYANT, Appellant v. STATE of Mississippi, Appellee
• Court: Court of Appeals of Mississippi

232 So.3d 174

Dwayne BRYANT, Appellant

v.STATE of Mississippi, Appellee

NO. 2015–KA–01667–COA

Court of Appeals of Mississippi.

May 2, 2017

Rehearing Denied September 12, 2017

Certiorari Denied December 7, 2017

ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER, BY: ERIN ELIZABETH BRIGGS

ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: BILLY L. GORE

BEFORE LEE, C.J., ISHEE AND GREENLEE, JJ.

LEE, C.J., FOR THE COURT:

¶ 1. Dwayne Bryant was found guilty of second-degree murder by a jury in the Circuit Court of Forrest County and sentenced to forty years in the custody of the Mississippi Department of Corrections (MDOC). He appeals his conviction, arguing that (1) the evidence was insufficient to support a conviction; (2) he was entitled to an acquittal under Weathersby ;¹ (3) the trial court erred when it allowed certain photos into evidence; and (4) his right to a fundamentally fair trial was violated by the prosecution's closing argument. Finding no reversible error, we affirm.

FACTS AND PROCEDURAL HISTORY

¶ 2. On August 1, 2013, Bryant shot Adrian Walker multiple times, and Walker later died as a result of the gunshot wounds. Bryant was a resident of Bonhomie Apartments in Hattiesburg, Mississippi. Bryant and Walker were considered to be neighborhood friends. Walker had previously lived with his girlfriend, Stacy Pollard, a Bonhomie resident and one of Bryant's neighbors. Though Walker no longer lived with Pollard, he was regularly at Pollard's apartment. Bryant would sometimes cut Walker's hair, as he did for several residents of the apartment complex. And Walker would often come over when Bryant was grilling, which was a regular occurrence.

¶ 3. On the evening that Walker was shot, Bryant asked Walker if he could borrow a grill to cook some food, and Walker agreed. When Bryant went to Pollard's apartment to get the grill, he found that Walker had already started the coals, and so he decided to stay at Pollard's apartment to grill. The group at Pollard's apartment included Bryant, his brother Jeremy, Walker, Willie Wilson, and Slozella McDonald. At trial, Wilson testified that Walker and Bryant had been drinking before she arrived there, and she believed they were drunk. Bryant testified that he only consumed one alcoholic beverage during the time he was there. At some point, a conversation between McDonald and Bryant became intense, and Walker joined in the heated conversation. Bryant became irritated and decided to leave.

¶ 4. At trial, Bryant testified that when he announced he was leaving, Walker began cursing at him. Bryant gathered his food off of the grill and started walking back to his own apartment with his brother, Jeremy. Walker followed Bryant and Jeremy, though Wilson and Pollard told Walker not to pursue them. According to Bryant, he went inside his apartment and left the door open for Jeremy to follow. When Jeremy and Walker made it to Bryant's doorway, Jeremy did not come inside because he reportedly did not want to get involved in the argument. Jeremy testified that Walker, who was standing in Bryant's doorway, was still cursing and "fussing" at Bryant. Jeremy also testified that Walker told Bryant that he would physically harm him. Bryant walked back in and out of the house several times, and Walker did not leave Bryant's doorway. At some point, Bryant walked upstairs in his apartment to get his gun, which he testified he kept for protection. Bryant testified that he then went back downstairs to take Jeremy home. Jeremy testified that Walker said "I'm going to get you now," and "started running up in the house," "trying to fight ... with his fists balled." Similarly, Bryant testified that he heard Walker say, "F% y(3)- it. I'm fixing to go ahead and get you now." According to Bryant, Walker flinched, and Bryant pulled out his gun and shot him. Both Bryant and Jeremy testified that Walker was in Bryant's doorway when Walker flinched and Bryant shot him.

¶ 5. Bryant testified that he felt threatened by Walker and was fearful of him when he armed himself and when he shot Walker. He also testified that Walker was in his doorway when he initially shot him, and that Walker "went backwards" and fell down "on the opposite side of the sidewalk." Bryant shot Walker eight times. He later turned himself in to the Hattiesburg Police Department. Walker was taken to the hospital where he underwent several surgeries and stayed in the ICU. A month after the shooting, Walker died from complications due to the gunshot wounds.

¶ 6. At trial, Bryant moved for a directed verdict at the close of the State's case-in-chief and at the close of all the evidence—both motions were denied. The case was submitted to the jury, and Bryant was convicted. Bryant filed a motion for a judgment notwithstanding the verdict (JNOV) or, in the alternative, a new trial, which was denied.

STANDARD OF REVIEW

¶ 7. "Motions for a directed verdict and a judgment notwithstanding the verdict challenge the legal sufficiency of the evidence." Mitchum v. State , 164 So.3d 477, 481 (¶ 12) (Miss. Ct. App. 2014). When considering whether the evidence is sufficient to sustain a conviction, "the critical inquiry is whether the evidence shows beyond a reasonable doubt that the accused committed the act charged, and that he did so under such circumstances that every element of the offense existed." Id. at 480 (¶ 12) (internal quotation marks omitted) (quoting Bush v. State , 895 So.2d 836, 843 (¶ 16) (Miss. 2005) ). "[W]here the evidence fails to meet this test[,] it is insufficient to support a conviction." Id. An appellate "court will not reverse unless reasonable and fair-minded jurors could only find the accused not guilty." Id. at 481 (¶ 12) (citing Ferguson v. State , 137 So.3d 240, 243 (¶ 6) (Miss. 2014) ).

DISCUSSION

I. Sufficiency of the Evidence

¶ 8. Bryant argues that the evidence at trial was insufficient to support his conviction of second-degree murder. He contends that he was entitled to the castle-doctrine presumption, and so the evidence only established that his actions were justifiable homicide. Mississippi's justifiable-homicide statute, in relevant part, provides that the killing of another person is justified "[w]hen committed in the lawful defense of one's own person ... where there [is] reasonable ground to apprehend a design to commit a felony or to do some great personal injury, and there [is] imminent danger of such design being accomplished." Miss. Code Ann. § 97–3–15(1)(f) (Rev. 2014). The castle doctrine, codified in section 97–3–15(3), states in part:

A person who uses defensive force shall be presumed to have reasonably feared imminent death or great bodily harm, or the commission of a felony upon him or another or upon his dwelling, or against a vehicle which he was occupying, or against his business or place of employment or the immediate premises of such business or place of employment, if the person against whom the defensive force was used, was in the process of unlawfully and forcibly entering, or had unlawfully and forcibly entered, a dwelling, occupied vehicle, business, place of employment[,] or the immediate premises thereof[,] or if that person had unlawfully removed or was attempting to unlawfully remove another against the other person's will from that dwelling, occupied vehicle, business, place of employment[,] or the immediate premises thereof[,] and the person who used defensive force knew or had reason to believe that the forcible entry or unlawful and forcible act was occurring or had occurred.

¶ 9. Bryant states that all of the witnesses agreed that Walker followed Bryant to his home, that Walker threatened Bryant, and that Walker was in Bryant's doorway when Bryant shot him. As such, Bryant argues that he was entitled to the castle-doctrine presumption, and with the presumption, his actions only amounted to justifiable homicide. Bryant and Jeremy testified that Walker was in Bryant's doorway when Bryant shot him. And that Walker went backwards and eventually fell down outside on the opposite side of the sidewalk. But Pollard testified that she saw Bryant shoot Walker while Walker was lying wounded on the ground, with Bryant standing over him with a gun in his hands. Officer Tammy Hoadley, one of the first responders to the scene, testified that Walker was lying on the ground, specifically on the sidewalk. As such, there was a factual dispute as to where Bryant and Walker were when Bryant shot Walker.

¶ 10. In a homicide prosecution where the defendant asserts that the castle doctrine applies, and there are discrepancies in witness testimony, the issue is properly left to the jury. Flynt v. State , 183 So.3d 1, 14 (¶ 40) (Miss. 2015). Here, the jury was instructed on the castle-doctrine presumption, justifiable homicide, imperfect self defense, and heat-of-passion manslaughter. After receiving instructions on the applicable law, the jury deliberated and found Bryant guilty of second-degree murder, rejecting Bryant's defense theories—including the castle doctrine. An appellate court "must presume that the jury considered the jury instructions—including the [c]astle [d]octrine instruction and the related evidence and testimony." Id. In the instant case, the evidence presented supports the jury verdict, and thus the trial court did not err in denying Bryant's motion for JNOV. This issue is without merit.

II. Weathersby Rule

¶ 11. Bryant also argues that he was entitled to a directed verdict under the Weathersby rule, and that the trial court erred when it denied Bryant's motion. In Weathersby , our supreme court held:

[W]here the defendant or the defendant's witnesses are the only eyewitnesses to the homicide, their version, if reasonable, must be accepted as true, unless substantially contradicted in material particulars by a credible witness or witnesses for the [S]tate, or by physical facts or by the facts of common knowledge.

Weathersby , 147 So. at 482.

¶ 12. Bryant argues that he and Jeremy were the...