Coleman v. State, CR93-17

• Decision Date: 13 September 1993
• Docket Number: No. CR93-17,CR93-17
• Citation: 860 S.W.2d 747,314 Ark. 143
• Parties: Derek Charles COLEMAN, Appellant, v. STATE of Arkansas, Appellee.
• Court: Arkansas Supreme Court

Page 747

860 S.W.2d 747

314 Ark. 143

Derek Charles COLEMAN, Appellant, v. STATE of Arkansas, Appellee.

No. CR93-17.

Supreme Court of Arkansas.

Sept. 13, 1993.

Therese H. Green, Memphis, TN, for appellant.

Kent G. Holt, Asst. Atty. Gen., Little Rock, for appellee.

NEWBERN, Justice.

Derek Charles Coleman was convicted of first degree murder and sentenced to life imprisonment for shooting David Stewart to death at Big Daddy's Lounge in Jericho. His two points of appeal are that the Trial Court erred in overruling his directed verdict motion at the conclusion of the State's case and again after all the evidence had been presented. We affirm summarily on the first point as a defendant waives his directed verdict claim, made at the close of the State's case, by presenting further evidence. Crawford v. State, 309 Ark. 54, 827 S.W.2d 134 (1992); Rudd v. State, 308 Ark. 401, 825 S.W.2d 565 (1992). We hold the second motion was properly overruled, and thus the conviction is affirmed.

On the night of November 29, 1991, David Stewart was at Big Daddy's Lounge with friends. Derek Coleman was there. An argument arose concerning Stewart's coat. A scuffle began, and as Stewart was being held by two men and beaten by a third, Coleman approached holding a twenty-five caliber automatic pistol. The gun discharged, striking Stewart in the chest.

Coleman was not at the scene when the police arrived, but the next day he surrendered voluntarily and directed the police to the hidden pistol.

The State Medical Examiner testified Stewart died from a gunshot wound to the chest. The State's firearms expert testified the bullet that killed David Stewart was fired from the pistol retrieved by the police. Witnesses said they saw Coleman shoot Stewart.

Sufficiency of the evidence

A directed verdict motion is a challenge to the sufficiency of the evidence. Friar v. State, 313 Ark. 253, 854 S.W.2d 318 (1993). The standard of review when the motion has been overruled is whether there was substantial evidence to support the verdict. Friar v. State, supra; Ricketts v. State, 292 Ark. 256, 729 S.W.2d 400 (1987). Substantial evidence is "evidence that is of sufficient certainty and precision to compel a conclusion one way or another, forcing or inducing the mind to pass beyond a suspicion or conjecture." Cigainero v. State, 310 Ark. 504, 506, 838 S.W.2d 361, 363 (1992). In determining whether substantial evidence exists, the Court reviews the evidence in a light most favorable to the appellee. Abdullah v. State, 301 Ark. 235, 783 S.W.2d 58 (1990).

Coleman argues the evidence was insufficient to demonstrate that he acted with the "purpose of causing the death of another person," an element of first degree murder. Ark.Code Ann. § 5-10-102(a)(2) (Supp.1991).

Ulyses Taylor, proprietor of Big Daddy's, testified that, as he tried to break up the scuffle involving Stewart, Coleman reached over Taylor's shoulder, pointed the gun at Stewart, and fired. The testimony of the medical examiner and the firearms examiner conclusively linked that shot to Stewart's death.

Coleman testified without contradiction that he did not know Stewart or the others involved in the scuffle and was not involved in it. He said he found the pistol on the floor during the scuffle, picked it up, and it discharged as he was struck from behind.

It is the jury's duty to resolve contradictions and conflicts in testimony. In doing so, the jury may accept testimony it believes to be true and disregard...