Eaton v. State
| Decision Date | 20 April 2023 |
| Docket Number | 2021-KA-01334-SCT |
| Parties | TROY ANTHONY EATON v. STATE OF MISSISSIPPI |
| Court | Mississippi Supreme Court |
ATTORNEYS FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY GEORGE T. HOLMES ZAKIA B. CHAMBERLAIN
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY LAUREN GABRIELLE CANTRELL DISTRICT ATTORNEY: BENJAMIN F. CREEKMORE NATURE OF THE CASE: CRIMINAL - FELONY
BEFORE RANDOLPH, C.J., MAXWELL AND BEAM, JJ.
¶1. A Tippah County jury convicted Troy Anthony Eaton of second-degree murder for the shooting and death of Josh Smith and of aggravated assault for the shooting of Ricky Dale Vick. On appeal, Eaton challenges the admission of a glass pipe into evidence, the sufficiency of the evidence, and the weight and credibility of the evidence. Finding no error, we affirm the convictions and sentences.
¶2. The jury was presented with two diametrically opposed versions of the events on September 29 and 30, 2020, that led to the shooting and death of Josh Smith and the shooting of Ricky Dale Vick. One version was presented by the prosecution through the testimony of Chelsea Smith, Josh Barnes, Josh Russell, Kristen Gomez, and Vick. The other version was presented by the defense through the testimony of Breanna Basden, Corey Basden, Michael Stroupe, and Troy Anthony Eaton.
¶3. Eaton rode to Hatchie Bottom in a Jeep with Corey, Breanna, Kristen, and Michael. The group stopped at the Crum Bridge and came across another group, which was comprised of Russell and his wife; Barnes and his fiance; Smith and his wife, Chelsea; and Vick. Eaton got out of the Jeep and asked whether anyone had whiskey. Russell stated that he only had beer and offered to grab Eaton one from the cooler near his side-by-side. When Russell and Eaton were alone, Eaton pulled out a glass pipe wrapped in a cloth and asked if Russell wanted to smoke. Russell recognized the pipe as a meth pipe and asked Eaton to leave. Eaton and his group left and went to the Walden Bridge.
¶4. After Eaton's group left, Russell informed his group that Eaton had offered him meth. This aggravated Vick and Smith because Russell had struggled with meth use in the past.
Vick told Smith that if they saw Eaton again, he would confront Eaton because Smith recently had undergone toe surgery.
¶5. As Russell and his group were leaving the Crum Bridge on their four-wheelers and side-by-sides, they spotted Eaton riding in the Jeep. Smith flagged down the Jeep and walked over to the front passenger side where Eaton was seated. Smith asked Eaton whether he had offered Russell meth earlier. Eaton pulled out a gun and fired it at Smith. Smith fell backwards into a ditch. Vick then ran to jump on Eaton. Eaton shot him in the abdomen. Chelsea grabbed Eaton, but she was pushed out of the Jeep. The Jeep drove away, and Russell fired two shots as the Jeep passed him. Neither Vick nor Smith had a gun or made any physical contact with Eaton.
¶6. Eaton rode to Hatchie Bottom in a Jeep with Corey, Breanna, Kristen, and Michael. Once they arrived, they met a man named Spanky who informed them that he was leaving because Smith's group was getting out of hand. They then rode to the Crum Bridge where they met Smith's group. Eaton did not know most of the group but quickly made acquaintances with them. Eaton drank alcohol but never pulled out a pipe or offered anyone meth.
¶7. After spending a few minutes at the Crum Bridge, Eaton and his group got back in the Jeep and rode to the Walden Bridge. There, they met some other people and eventually decided to head back home. On the drive home, they came across Smith, Vick, and Chelsea.
Smith flagged them down. Eaton told Corey to stop the Jeep in case Smith needed help. When Corey stopped the Jeep, Smith ran to the front passenger side where Eaton was seated. Vick walked to the rear passenger side, and Chelsea walked to the front driver side. Smith and Vick asked Eaton whether he was trying to give Russell meth earlier. Eaton denied the accusations.
¶8. Vick began ripping off his own shirt, and Smith crushed a beer can. Eaton told Corey to drive away, but Chelsea was in his lap trying to take the keys away. Smith then tried to grab Eaton from the Jeep. Eaton feared for his life and saw either Smith or Vick holding a gun. He grabbed his gun and fired it twice into the air.
¶9. Corey was eventually able to get Chelsea off of his lap and drive the Jeep away. As the Jeep drove away, several other gunshots rang out behind it.
¶10. After hearing each side's case, the jury found Eaton guilty of second-degree murder for the death of Smith and of aggravated assault for the shooting of Vick. The trial judge sentenced Eaton to a total sentence of forty years, with ten years suspended and thirty years to serve.[1] The judge denied Eaton's motion for a new trial or judgment notwithstanding the verdict.
¶11. Eaton raises three issues: (1) whether the trial judge erred by admitting a glass pipe into evidence, (2) whether the second-degree murder verdict was supported by sufficient evidence or was against the overwhelming weight of the evidence, and (3) whether the aggravated assault verdict was supported by sufficient evidence or was against the overwhelming weight of the evidence.
¶12. Eaton challenges the trial judge's admission of a glass pipe into evidence. He argues that "[t]he absence of any evidence connecting [him] to the pipe rendered its admission non-probative, purely inflammatory, and highly prejudicial." He also argues that the judge "failed to conduct a balancing test on the record."
¶13. Eaton filed a pretrial motion to suppress a glass pipe allegedly found in the area where he was apprehended by police. The trial judge subsequently held a motion hearing on February 9, 2021. At the hearing, the prosecution argued that the pipe should be admitted because it was found in the area where Eaton was apprehended. The pipe also was found no more than two feet away from a rag with Eaton's DNA on it. Additionally, the prosecution argued that admission of the pipe was necessary to tell a complete story of the events leading up to the shootings. The defense argued that the pipe was highly prejudicial because glass pipes are commonly used to smoke meth. The defense also argued that the prosecution had not shown the pipe belonged to Eaton.
¶14. The judge determined that the pipe was relevant for the purpose of telling a complete story. He held that any prejudice to Eaton was outweighed by the pipe's probative value. He informed Eaton, however, that he would give the jury a limiting instruction on the pipe at Eaton's request.
¶15. As part of his ruling at the February 9 hearing, the judge ordered the prosecution to provide the defense with the coordinates of the location where the pipe was found. The police subsequently met with defense counsel in the area where Eaton was apprehended and showed them the location.
¶16. At a September 9, 2021 hearing, the judge revisited the issue of the pipe's admissibility. And, after the prosecution informed him that it had provided the defense with the location coordinates, the judge again held that the pipe's probative value outweighed any prejudicial effect. The judge reminded Eaton that a limiting instruction would be available at his request. Eaton did not request a limiting instruction.
¶17. "Rule 403 [of the Mississippi Rules of Evidence] is an ultimate filter through which all otherwise admissible evidence must pass." Ambrose v. State, 254 So.3d 77, 138 (Miss. 2018) (internal quotation marks omitted) (quoting Batiste v. State, 121 So.3d 808, 863 (Miss. 2013)). It reads:
The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
MRE 403. "Where a trial [judge] determines that potentially prejudicial evidence possesses sufficient probative value, it is within that [judge's] sound discretion whether or not to admit same, since M.R.E. 403 does not mandate exclusion but rather provides that such evidence may be excluded." Jones v. State, 904 So.2d 149, 152 (Miss. 2005) (citing Baldwin v. State, 784 So.2d 148, 156 (Miss. 2001)). This Court's role on appeal is to determine whether the trial judge abused his discretion by admitting the evidence. Jones v. State, 303 So.3d 734, 736 (Miss. 2020) (quoting Debrow v. State, 972 So.2d 550, 552 (Miss. 2007)).
¶18. Contrary to Eaton's arguments, the trial judge conducted multiple on-the-record balancing tests concerning the glass pipe. Each time, the judge determined that the pipe's probative value outweighed any prejudicial effect because it was necessary for the prosecution to tell a complete story of the events leading up to the shootings. Ultimately, "the State has a 'legitimate interest in telling a rational and coherent story of what happened . . . .'" Brown v. State, 483 So.2d 328, 330 (Miss. 1986) (quoting Turner v. State, 478 So.2d 300, 301 (Miss. 1985); Neal v. State, 451 So.2d 743, 759 (Miss. 1984)).
¶19. The glass pipe and the rag found near it support the prosecution's version of the events. As the testimony presented by the prosecution reflects, Eaton offered Russell meth...
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