Fields v. Bergh
| Decision Date | 15 January 2015 |
| Docket Number | CASE NO. 2:12-CV-12658 |
| Parties | EDMUND LOWELL FIELDS, #487029, Petitioner, v. DAVID BERGH, Respondent. |
| Court | U.S. District Court — Eastern District of Michigan |
HONORABLE DENISE PAGE HOOD
This is a habeas case brought pursuant to 28 U.S.C. § 2254. Michigan prisoner Edmund Lowell Fields ("Petitioner"), confined at the Thumb Correctional Facility in Lapeer, Michigan at the time he instituted this action, was convicted of second-degree murder, MICH. COMP. LAWS § 750.317, and possession of a firearm during the commission of a felony, MICH. COMP. LAWS § 750.227b, following a jury trial in the Eaton County Circuit Court. He was sentenced to consecutive terms of 23 to 50 years imprisonment and two years imprisonment in 2005. In his pleadings, Petitioner raises 18 claims concerning the great weight of the evidence, the submission of a first-degree murder charge, the sufficiency of the evidence, the jury instructions, the conduct of the prosecutor, perjured testimony, the effectiveness of trial and appellate counsel, the acceptance of the jury verdict, and his state collateral proceedings. For the reasons set forth, the Court denies the habeas petition. The Court also denies a certificate of appealability and denies leaveto proceed in forma pauperis on appeal.
Petitioner's convictions arise from the shooting death of Deshawn Bibbs, the father of his pregnant girlfriend's two other children, following an altercation outside a gas station/convenience store in Waverly, Michigan on April 17, 2005.
Several eyewitnesses testified at trial. Vaneeka Black testified that she went to the Quicky Convenience Store that day with her cousin Shyann Green. She saw two men and a woman talking in the parking lot as she entered the store. When she exited, the two men were fighting and wrestling. They were arguing about somebody "riding with somebody's girl." Vaneeka saw Petitioner spit on Bibbs. Eventually, Bibbs returned to his car. She saw Petitioner go to his car, open the hood, and walk toward Bibbs. She heard someone yell, "he has a gun," so she ran into the store. She heard clicking and saw Petitioner point the gun. When she got to the back of the store, she heard two or three gunshots. She called 911, went back to the front of the store, and saw Petitioner driving away.
Shyann Green testified that she was with Vaneeka Black that day. She also saw the two men fighting and wrestling, but did not hear what they were saying. She saw both men go to their cars and saw Petitioner get a gun. As Bibbs tried to drive away, Petitioner pointed the gun at Bibbs and fired three or four times. Bibbs was bleeding at his temple.
Sade Johnson testified that she was at the store that day with a friend. She went into the store and bought a drink. When she exited, she saw Bibbs and her cousin, Tameca Jackson, in the parking lot. A minute or two later, she saw Petitioner drive up in his car. He walked over to Tameca and asked her what she was doing in the car with Bibbs. Words were exchanged. Then Bibbs got out of his car and hit Petitioner in the face.She and Tameca pulled them apart as they were trying to fight. At one point, Bibbs threw Petitioner to the ground. She and Tameca kept trying to stop them from fighting. They kept tussling with each other. Bibbs grabbed Petitioner, slammed him to the ground, and choked him. Petitioner looked like he could not breathe. Tameca tried to pull Bibbs away from Petitioner and eventually Bibbs let him go. Bibbs went to his car and Petitioner walked to his car. She then heard three gunshots, but did not see the shooting.
Tameca Jackson testified that she had a 14-year relationship with DeShawn Bibbs and had two children with him. She last lived with Bibbs in January, 2004, but her children stayed with him and he talked about getting back together with her all the time. She began a relationship with Petitioner in September, 2003 and moved in with him in February, 2004.
On the day of the incident, Petitioner dropped Tameca off at her grandmother's house around 3:00 p.m. and she stayed there until about 6:00 p.m. She called Bibbs to pick her up so that she could see her children. They stopped at the Quicky Convenience Store on Waverly Road near Bibb's house. When they arrived, her cousin Sade Johnson was parked in the lot. Bibbs went into the store while she stayed outside and talked to her cousin. As Bibbs exited the store and returned to the car, Petitioner pulled up in his car. Petitioner parked his car, came over, and asked Tameca what she was doing in Bibb's car. Tameca said that she was going to see her daughters. As Petitioner began walking away, Bibbs made a gesture or said something to him. The two men argued. Petitioner said, "I heard you been wanting it with me," to Bibbs and they got in each other's faces. Tameca stepped between them and told them to get back into their cars. Instead, Bibbs hit Petitioner in the face. Petitioner tried to hit back, but missed. Bibbs picked up Petitioner, slammed him to the ground, and choked him. Tameca was able to pull them apart.Petitioner went to his car and pulled the hood release. Tameca knew that was where Petitioner kept a gun, so she told Bibbs that he needed to leave. Petitioner walked back toward them and the men started arguing again. Bibbs hit Petitioner, slammed him to the ground, and choked him again. Tameca intervened and pulled them apart. Bibbs had blood on his face and kept telling Petitioner that he was a "B----" and fights like a "B----" because he bit him. They continued arguing. The store manager came out and said he was calling the police. Bibbs then hit Petitioner a third time, slammed him to the ground, and choked him. Tameca could not get them apart, so she asked her cousin for help. Eventually they were able to pull Bibbs away from Petitioner. Tameca told Bibbs he needed to leave because she knew that Petitioner had a gun. Bibbs was not armed. Bibbs got into his car and was starting to back out when Petitioner shot him. Tameca saw Petitioner point the gun at Bibbs' car. When Petitioner first pulled the trigger, she heard a clicking sound, but the gun did not fire. Petitioner shot again and she saw two bullets hit the windshield. She walked toward Bibb's car. Petitioner stood there saying something, then walked away and left in his car. Tameca noticed that Bibbs was shot in the head.
Tameca further testified that she bought the gun used in the shooting in September, 2004. She and Petitioner stored it under their bed at home and under the hood of the car when they traveled. She last saw the gun under their bed a few days before the shooting.
Several police officers testified about their investigation of the shooting. Their testimony indicated that the gunshots were fired within a few feet of the victim. The medical examiner testified that Bibbs had several contusions and lacerations on his body, including a bite mark, and that he died from a gunshot wound to the head.
Petitioner testified in his own defense at trial. He discussed his relationship withTameca Jackson and recalled prior altercations with DeShawn Bibbs at a Mexican restaurant, Tameca Jackson's school, and a nightclub. Petitioner testified about the confrontation at the Quicky Convenience Store. He described the argument and fight with Bibbs. He recalled being slammed to ground and choked. Petitioner admitted firing the gun while Bibbs was in his car, but said that he did not intend to injure or kill Bibbs. He claimed that he acted in the heat of passion while he was angry and upset.
At the close of trial, the jury convicted Petitioner of second-degree murder and felony firearm. The trial court subsequently sentenced him as a second habitual offender to consecutive terms of 25 to 50 years imprisonment and two years imprisonment.
Following his convictions and sentencing, Petitioner, through counsel and in a pro per supplemental pleading, filed an appeal of right with the Michigan Court of Appeals raising claims concerning the great weight of the evidence, the submission of the first-degree murder charge to the jury, the lack of instruction on self-defense, imperfect self-defense, and defense of others, the conduct of the prosecutor, the effectiveness of trial counsel, and the scoring of the sentencing guidelines. The court affirmed Petitioner's convictions and sentences, but remanded for correction of the pre-sentence investigation report. People v. Fields, No. 266738, 2007 WL 1712619 (Mich. Ct. App. June 14, 2007) (unpublished). Petitioner filed an application for leave to appeal with the Michigan Supreme Court, which was denied in a standard order. People v. Fields, 480 Mich. 925, 740 N.W.2d 264 (2007).
Petitioner subsequently filed a pro se motion for relief from judgment with the trial court raising claims concerning the lack of instruction on self-defense, the acceptance of the verdict, the sufficiency of the evidence, the use of perjured testimony, and theeffectiveness of trial and appellate counsel. Defense counsel moved to amend the motion for relief from judgment and supplemented Petitioner's argument on the claim concerning the acceptance of the verdict. The trial court denied the motion finding that Petitioner had not shown good cause and actual prejudice for failing to raise the claims on direct appeal and ruling that there was no evidence that the court impeached or compromised the jury verdict. People v. Fields, No. 05-279-FC (Eaton Co. Cir. Ct. April 6, 2010). More than one month later, Petitioner filed a supplemental brief with the trial court concerning the manslaughter jury instruction. The trial court deemed this a successive motion for relief from judgment and denied it pursuant to Michigan Court Rule 6.502(G). People v. Fields, ...
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