Ford v. State
| Decision Date | 15 February 2022 |
| Docket Number | 2020-KA-00278-COA |
| Citation | 333 So.3d 896 |
| Parties | Johnny Vondelle FORD a/k/a Johnny Ford, Appellant v. STATE of Mississippi, Appellee |
| Court | Mississippi Court of Appeals |
ATTORNEY FOR APPELLANT: JAMES HOWARD MURPHY, Flowood
ATTORNEYS FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: ALLISON KAY HARTMAN, LADONNA C. HOLLAND, Jackson
BEFORE CARLTON, P.J., LAWRENCE AND EMFINGER, JJ.
LAWRENCE, J., FOR THE COURT:
¶1. On February 3, 2020, Johnny Ford was convicted of first-degree murder for the shooting of Miesha Bolin. The Leake County Circuit Court sentenced Ford to serve a life sentence in the custody of the Mississippi Department of Corrections (MDOC). Ford appealed his conviction, arguing (1) he was entitled to a directed verdict of not guilty under the Weathersby1 rule; (2) the trial court erred by not letting him represent himself at trial; (3) the trial court erred by permitting testimony summarizing his oral statement to law enforcement; (4) Ford's counsel was constitutionally ineffective;2 (5) the State committed prosecutorial misconduct in closing arguments; and (6) his conviction should be reversed as a result of cumulative error. Finding no reversible error, we affirm.
FACTS AND PROCEDURAL HISTORY
¶2. On the morning of July 21, 2018, at 10:30 a.m., Officer Toby Gill and Officer Jerry Horne responded to a 911 call to a residence in Leake County, Mississippi. The residence they were called to had several houses on the property, including a brick house and mobile homes. The caller reported a "deceased person." Upon arrival, Officers Gill and Horne found the deceased, Bolin, in a pool of dried blood in one of the mobile homes. Bolin had been shot twice, once in her lower left abdomen and once in her head. Officer Gill requested additional help from Leake County Sheriff's Office investigators.
¶3. Investigator Justin Sims and Investigator Billy McMillan arrived on the scene to begin the process of gathering evidence and interviewing witnesses. Subsequent interviews of the individuals at the residence revealed that Bolin and four other individuals had been at this residence for days, drinking alcohol and using methamphetamine. Investigator Sims took several witness statements at the crime scene, including the eyewitness statements of Chris Jones, Katina Townsend, and Desiree Smith.3 Jones lived at the residence where Bolin was found. Townsend and Jones told Investigator Sims that Ford had shot and killed Bolin. Ford was arrested and taken to the police station to be interviewed.
Ford voluntarily waived his Miranda4 rights and told Investigators Sims and McMillan that he killed Bolin in self defense.
¶4. Ford was indicted by a Leake County grand jury for first-degree murder pursuant to Mississippi Code Annotated 97-3-19(1)(a) (Supp. 2017). Ford's criminal trial began on January 21, 2020. The State called seven witnesses. Officer Gill was the first witness to testify. Officer Gill testified that he and Officer Horne were the first officers to arrive at the mobile home on July 21, 2018. When they went into the mobile home, they discovered Bolin's body and noticed the gunshot wound to her abdomen. Officer Gill testified that it looked like Bolin had been left there for a number of hours because the blood around her was dry. Officer Gill testified that there was also a towel "that had been wrapped around [her] head prior to [the officers’] arrival." It was later discovered that Bolin had suffered a second gunshot wound to her head. Officer Gill stated that he called Leake County Sheriff's Office Investigator Sims and Investigator McMillan to the residence to begin the investigation and to collect evidence. Officer Gill testified that he searched a white sports utility vehicle (SUV) that was on the premises. During his search he found two firearms: a .45-caliber revolver and a 9-millimeter revolver. Officer Gill stated that Jones and Townsend both arrived on the scene after the officers arrived and gave witness statements to Investigator Sims.
¶5. Investigator Billy McMillan was the second witness called to testify. He explained that he arrived on the scene and began collecting evidence. Investigator McMillan testified that he collected two firearms, a .45-caliber revolver and a 9-millimeter gun, and a "projectile found on the floor near [Bolin's] feet." Investigator McMillan also testified that he found two cell phones and a box of .45-caliber revolver ammunition in the white SUV. Investigator McMillan testified that the .45-caliber revolver could hold five rounds. The .45-caliber revolver found at the crime scene had three "unshot rounds." The revolver also had two .45-caliber casings of two bullets that had been fired from the gun. Investigator McMillan testified that he observed two gunshot wounds to Bolin's body, one to the abdomen and one to the head. Before Investigator McMillan could be cross-examined, Ford's counsel informed the court, "Your Honor ... I think [Ford] wants permission to be able to cross-examine witnesses himself." The Court responded, "Well, he has that right if he wants to do so."5
¶6. After this exchange, the court recessed for lunch. After lunch, Ford's desire to question witnesses was not discussed further. The court simply asked if Ford's attorney had "any cross-examination ...." Ford's attorney responded, "Yes, sir, briefly," and he began his cross-examination of Investigator McMillan. Ford said nothing. On cross-examination, Investigator McMillan testified that his main objective upon arriving to the crime scene was to gather and secure all the physical evidence while Investigator Sims took witness statements. Neither Ford nor his counsel ever asked the court to let Ford question witnesses again. Instead, Ford's attorney continued his representation of Ford by cross-examining the State's witnesses. He also objected to testimony and evidence and made the closing argument.
¶7. Katina Townsend testified as the State's third witness. She testified that she saw Ford kill Bolin. Townsend also testified that she was taken to Jones’ residence against her will days before Ford shot Bolin. Townsend stated that Bolin came to her aunt's home with a gun and forced Townsend to leave with her. Townsend was brought to Jones’ home and spent the next few days with Bolin, Ford, Jones, Desiree, and Tim Flowers.6 Townsend testified that Ford and Bolin arrived at Jones’ house together. According to Townsend, Bolin had been doing drugs while launching threats and pointing her gun at everyone in the mobile home. She also stated that Ford and Bolin had been arguing all night before the shooting. On the night of Bolin's death, Townsend saw Bolin threaten Ford. She also saw Bolin swing her gun at Ford. Townsend testified that after Bolin threatened Ford, Bolin laid her gun down on the armrest of the couch she and Ford were sitting on and started doing "a line of dope." Ford grabbed the gun from the armrest. Townsend testified that after Ford grabbed the gun, he and Bolin got into a "tusslement." Townsend tried to leave the room when the fight began, but she heard a gunshot before she could leave. Townsend immediately hid to protect herself. Townsend testified that she heard two gunshots in total. She described the gunshots as a "boom and then a pause and then another shot." Townsend said that Ford was only "ten steps away" from Bolin when he fired the shots. Townsend testified that Ford had time to leave after he grabbed the gun and added that Ford had a right to fear for his life.
¶8. Townsend also testified to the events that occurred immediately after Ford shot Bolin. Townsend stated that after Ford shot Bolin, he "stood there for a minute." Then Ford and Jones went outside and had a "shoot out." After the "shoot out," Townsend, Ford, and Jones drove away in Bolin's white SUV to pick up more drugs. Jones was driving the SUV while Ford sat in the front passenger seat, and Townsend sat in the back. Townsend testified that no one spoke about what happened to Bolin during the car ride, and after about fifteen to twenty minutes of driving, they returned to the mobile home. Townsend testified that when they arrived back at the mobile home, Desiree and Flowers got into the SUV. Once they were all in the vehicle they began "trying to figure out what to do next." Townsend stated, "Chris had mentioned doing something to me because I was going to be the one to tell it all."
¶9. Chris Jones was also an eyewitness to the shooting of Bolin. Jones testified that he resided at the address where Bolin was shot. Jones testified, Jones stated that he, Bolin, Ford, Townsend, Desiree, and Flowers had been at his mobile home for days "doing dope." Bolin would leave the mobile home and go to work, but she would return. Jones testified that Bolin told him she wanted to kill Townsend because she believed Townsend was a police officer, and she wanted to kill Desiree because Desiree did not like her. Jones told Ford he would need to try to calm Bolin down because Bolin was Ford's friend. Jones stated Bolin was mad at Ford for not allowing her to harm Townsend or Desiree. According to Jones, on the night of Bolin's death, she had threatened everyone in the mobile home and had announced that someone was dying that night. Jones also saw Bolin threaten Ford and Townsend. Jones said that Bolin told Ford she was going to kill him. Jones stated he was "standing at the door leaning outside the door when [he] heard the gunshot." Jones testified that Bolin placed her gun on a couch's armrest before sitting down to do a line of dope with Ford. When Bolin got up to get a beer from the refrigerator, Ford grabbed her gun. Bolin turned around and said, "Oh–oh, shit." Then Jones heard a gunshot. "When I heard the gunshot, I just turned around and I seen her on the floor." Jones saw Bolin coming toward Ford, but she was falling. Jones testified that Ford had no time to...
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