Burchett v. State
| Decision Date | 06 December 2022 |
| Docket Number | 2021-KA-00776-COA |
| Parties | LARMONT DONZELL BURCHETT A/K/A LARMONT D. BURCHETT APPELLANT v. STATE OF MISSISSIPPI APPELLEE |
| Court | Mississippi Court of Appeals |
ATTORNEYS FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY GEORGE T. HOLMES CHARLES MITCHELL McGUFFEY SPENCER MARK RITCHIE LARMONT DONZELL BURCHETT (PRO SE)
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL: BY ALLISON ELIZABETH HORNE
EN BANC.
¶1. A factory employee was accused of murdering his co-worker. Despite being identified by other workers as having committed the crime, his theory of defense was that no one saw him do it. The jury found him guilty. On appeal, he argues he should have received a lesser-included instruction on heat of passion manslaughter. Finding there was no evidence to support giving such an instruction and no other issues requiring reversal, we affirm.
¶2. Larmont Burchett worked in Byhalia at Griffin Inc., where he assembled armored cars. At the time Burchett worked there, the company had about 75 employees, who could turn out 12 to 15 armored vehicles a month. Working close by him was Deandrae Jones. Burchett would do the interior trim work on the vehicles, and Jones would do the exterior.
¶3. Although he had not worked long at Griffin, Burchett had complained to his supervisor about how Jones treated him at work. Their supervisor, Carlos Young, would later recall that the two were "joking around," but Burchett "didn't take the joke too well." After what he characterized as some teasing and "low jabs," Burchett went to his supervisor and told him "that he didn't want to . . . continue to joke" with Jones.
¶4. The supervisor told them to knock it off, and according to him "both of them said that there wouldn't be anymore joking around with each other." The two then "shook hands," and there did not seem to be any more trouble.
¶5. But on another day, something else happened. The supervisor would "normally get with every employee early in the morning" to explain what was needed for the day. But Burchett was not ready for work; instead, he was "just sitting like-he was just sitting dazed," his supervisor would later remember.
¶6. The supervisor asked him if he was okay, and Burchett said he was fine. Shortly thereafter though he said, The supervisor called his immediate superior, who told him to let Burchett go to the doctor if he did not feel well. So the supervisor gave Burchett permission to leave, and the worker agreed he was going to the doctor. Young reminded Burchett that since he had not been working at the plant longer than 90 days that he would need an excuse from his doctor. Burchett asked if taking off sick would "count against" him, and the supervisor said no. Young recalled telling him "Go get yourself taken care of and hopefully we'll see you tomorrow."
¶7. And then Young said Burchett "clocked out and went to his vehicle." But Burchett didn't leave.
¶8. Less than five minutes later, the supervisor was stocking bins with nuts and bolts for the workers when he "heard three shots." Then he heard an "employee scream 'Man, who shooting firecrackers in here[?]'" But it wasn't firecrackers-instead, the supervisor saw Burchett shooting a gun. Because he thought Burchett was shooting at him, he ran and "jumped behind the stairway and laid there until it was over with." From his vantage point he saw Burchett, who had moved his Jeep closer to the exit, get in and drive off.
¶9. It was after the shooting finally stopped when the supervisor learned Jones had been shot multiple times. He would later die from the gunshot wounds.
¶10. Law enforcement later found Burchett some 30 miles away in Memphis, after the company that had financed the Jeep shared its location. He was arrested and later indicted for the deliberate-design first-degree murder of Jones.
¶11. Before trial, Burchett indicated to the trial court that he wished to proceed without counsel. The trial court ultimately determined that he could proceed as he desired but left his appointed lawyer in a hybrid capacity. Burchett's counsel announced to the jury during opening statement that the theory of defense was "that there is a lot of gray here." According to the defense, the jury would not hear the State's witnesses say that "they were there" when Jones was shot or "that they saw the gun" or "that they saw [the shooting]."
¶12. Defense counsel was certain that "the one thing you won't hear from any of the . . . witnesses or from the law enforcement is [']I was there, I was standing there, I saw Larmont shoot Deandrae Jones.[']"
¶13. But the jury then heard testimony from two witnesses that they saw Larmont Burchett shoot Deandrae Jones.
¶14. First was Samuel Klaus, who delivered parts to various sections of the plant. In his words, he "was delivering parts to that building and then Larmont came around . . . and shot Deandrae and then took off to his Jeep and got away." When pressed repeatedly about details, Klaus was steadfast that he saw Burchett shoot Jones with a handgun: "No doubt about it." On cross-examination, when defense counsel pressed if he could be mistaken about the identity of the shooter, Klaus testified that he was sure-"No one looked like him at all."
¶15. The jury also heard from Jekiah Walton, who worked in quality control. That morning he explained he had seen "Larmont and Deandrae into it"-well, more like "[n]ot into it, but they [were] close to each other like talking to each other," even though "they weren't loud." He thought they should "chill out, whatever."
¶16. According to Walton, he saw Burchett walk out of his area and ask where their supervisor was. Walton then witnessed Burchett asking Young for permission to leave work since he did not feel well. But he remembered being surprised when Burchett not only did not leave, but came back inside the plant: "like I'll say about five minutes later," when he thought, "I thought you were gone . . . I'd be gone in a minute."
¶17. Walton then told the jury that Burchett "was walking around the truck where Deandrae was and shot him." He saw the gun in his hand because "I was standing behind him," and he "count[ed] about seven, seven shots."
¶18. The witness also did not understand what had caused the conflict. Even though people joked around at the plant-"We kept calling and checking each other"-there was nothing so serious it would provoke violence. "[I]t was just joking to me."
¶19. The State asked Walton about Burchett's return to work after leaving that morning: "did he seem calm to you?" Walton responded, "Yeah" and that he just "thought [Burchett] had left his jacket or something." And after Burchett shot Jones, the witness testified, Burchett just "stepped over him and walked out." He then "[w]alked out to his truck he had parked beside the bay . . . and drove off."
¶20. Next, the jury heard from Burchett and Jones' supervisor, Young. He explained the two men worked close by and had a verbal dispute in the past, and that he had issued them an ultimatum. Critically, Young also explained that after he let Burchett leave to go to the doctor, he believed the worker had moved his Jeep from the general parking lot for employees up closer to the building. He noticed this only "after the shooting had taken place" but testified that his Jeep was not parked as closely when he allowed him to go to the doctor.
¶21. The father of the victim testified, as did two other plant employees who responded to the shooting but did not directly witness it. First was human resources employee Tassie Cox, who had previously been an EMT. Young had radioed her "and just told me to come to the trim shop [because] there had been a shooting." Jones was "bleeding from the head" when she arrived, and she "tr[ied] to help him best I could." She saw a gunshot wound to his head, and "two on the front and then there was one on the back." She stayed with the victim until a helicopter arrived to transport him away.
¶22. Alongside her was Julio Gonzalez, a maintenance technician who, like Cox, had emergency training-as a U.S. Marine. He heard a series of "pops" and then went to check on what it was. He found Jones "riddled" with gunshots, and along with Cox tried to administer first aid. On his way into the building, Gonzalez saw Burchett leaving. He "just walked out" according to the witness.
¶23. An investigator from the Marshall County Sheriff's Department testified, and the jury was played the audio of an interview he made with Burchett after the defendant had been picked up in Memphis. Burchett had at first been read his Miranda rights. According to Burchett, he had only worked at the plant for about a month. He had been teased and teased back, but he believed Jones had become more "aggressive" in his teasing. This led to the dispute recounted by the supervisor. While Burchett thought this would conclude the teasing, he said Jones "will be coming by and kick my tools over."
¶24. The day of the shooting, according to Burchett, "was a typical morning." But Jones then bumped into him, and while the statement is rather disjointed, according to Burchett the victim may have also kicked his bag. The witness explained he first went outside to calm down. After this Burchett asked his supervisor if he could leave. As the narrative continued, Burchett began to decline to answer questions. The deputy ceased his questioning, and the tape concluded.
¶25. The defense rested without calling witnesses or offering evidence.
¶26. During the jury instruction conference, the...
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