Grimes v. State
| Decision Date | 16 May 2023 |
| Docket Number | 2022-KA-00143-COA |
| Parties | JOHN CHADWICK GRIMES A/K/A CHAD GRIMES A/K/A JOHN CHAD GRIMES APPELLANT v. STATE OF MISSISSIPPI APPELLEE |
| Court | Mississippi Court of Appeals |
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY CASEY B. FARMER
DISTRICT ATTORNEY: JOHN DAVID WEDDLE
BEFORE WILSON, P.J., McDONALD AND SMITH, JJ.
¶1. John Chadwick Grimes was convicted of manslaughter by an Alcorn County Circuit Court jury and sentenced by the circuit court to twenty years in the custody of the Mississippi Department of Corrections, with ten years suspended and ten years to serve, and five years of post-release supervision. On appeal, Grimes argues that the circuit court committed reversible error by failing to investigate juror misconduct (i.e., conducting internet searches of legal terms and possible sentences during deliberations) that reasonably could have affected the jury's verdict. Grimes also argues that the jury was improperly instructed and that the circuit court erred in its admission or exclusion of certain evidence, including testimony. After considering the briefs of the parties, the arguments of counsel, and the relevant caselaw, we reverse the circuit court only to the extent that it denied Grimes's motion for a new trial without holding an investigative hearing. We find that Grimes presented sufficient evidence of potential juror misconduct, warranting a hearing with the jurors to determine the nature and extent of the extraneous information that the jury considered and to determine whether the information reasonably could have affected the jury's verdict. On that issue, we reverse and remand for the circuit court to hold such a hearing. We find that all other issues Grimes raises have no merit or are procedurally barred.
¶2. On April 28, 2017, Grimes came home from work to find his wife, Ashley, and their son on the porch crying. Ashley told Grimes that their son could not visit with her parents, Cammie and Ronnie Stewart, because Brooke Palmertree and her husband Chris ("Palmertree") were at the Stewarts' home, drinking. Brooke's son was also a grandchild of the Stewarts.[1] Grimes said it upset him to see his wife and son disturbed over this. But Brooke disagreed with what Ashley told Grimes. Brooke testified that on that day, she had dropped some flowerpots off at the Stewarts' and asked the Stewarts to go out that evening. Cammie called her later, telling Brooke that she could not go and that she was upset because she apparently had had words with Ashley.
¶3. Later that evening, Grimes and Ashley met their friends Chad Mitchell and his girlfriend, Allyson Shapiro. After attending a birthday party, the group met Chad's brother Chris Mitchell ("Chris M."), and the five then proceeded to drive around the county and drink.
¶4. Meanwhile, after dining out, Brooke and Palmertree met Brooke's friend Kayla Mercer and Kayla's boyfriend, Greg Seago. The group proceeded to drive around Alcorn County that evening as well, drinking and socializing. Seago brought his gun with him.[2] At some point, Palmertree's truck became stuck in some mud, and he called a friend to help them get free. Seago helped, taking off his shirt to avoid getting muddy when he got under Palmertree's truck to hook the two vehicles together.
¶5. Cell phone records reflected that Grimes sent Brooke a text message at 10:51 p.m. saying that she and her husband should stay away from him or else he would beat them up.[3]Thirty-one more texts between Brooke and Grimes were sent over the next hour and a half. The insults escalated and threats of physical harm were exchanged.
¶6. After Grimes called Brooke, Palmertree called Grimes back. Thinking that the dispute was between Brooke and Ashley, Palmertree asked Grimes what was going on. According to Palmertree, Grimes went into "defense mode" and started threatening to beat up Palmertree. However, Grimes asserted that Chris called him, saying that "[Palmertree] was going to whip [Grimes's] 'skanky a**.'" Grimes replied that he would gladly give him the opportunity to do so. ¶7. Eventually, Palmertree and his friends met Grimes and his friends at the Aggy Mart convenience store in Kossuth, Mississippi.[4] Before arriving there, Palmertree drove Seago and Kayla home and told them that they did not have to come with him and Brooke. However, Seago insisted on going. At first, Palmertree denied that Seago did not like Grimes, but after his recollection was refreshed, Palmertree said:
Right. I mean, yeah, I mean, you're correct. I mean it -- [Seago] just said, you know, he didn't really care for him [Grimes], you know, just didn't really care for Chad [Grimes]. To me that didn't have anything to do with me and Chad [Grimes], you know what I'm saying. That's the reason I said, you know, [Seago] didn't need to come with me.
Kayla said that even though she knew there may be a fight, she and Seago decided to go with Palmertree and Brooke.
¶8. Ultimately, Grimes, Palmertree, and their friends arrived at the Aggie Mart. Grimes arrived first and was surprised when a shirtless Seago jumped out of Palmertree's truck first. Grimes knew the Seago family because years earlier, Grimes had been best friends with Greg's brother Chris Seago (Chris S.). However, in 1998, Grimes and Chris S. were involved in an auto accident in which Grimes was driving, and Chris S. was killed.
¶9. Grimes and those with him testified that Seago got out of Palmertree's truck first, and Palmertree followed. Both stood in front of Palmertree's truck as Grimes approached them. Grimes testified he got so close that he could have touched the hood of the truck, and Seago and Palmertree were within arm's length of him on either side. Allyson agreed that the three were in front of Palmertree's truck, but Chris M. said that Grimes was about fifteen feet from Seago when Seago then yelled Grimes's name and something else and Seago threw up his hands. Grimes testified that Seago held his arms out in a provoking manner. Allyson said that she perceived Seago as being angry, aggressive, and wanting to fight. Chris M. agreed that Seago was acting aggressively. Grimes testified that he was scared and thought Seago was going to hit him. So instead of being attacked by both Palmertree and Seago, who substantially outweighed him,[5] Grimes turned and hit Seago in his jaw. All witnesses who were asked agreed that Seago was looking right at Grimes when Grimes hit him and that Grimes did not take any "cheap shot."
¶10. Brooke, Palmertree's wife, testified that she was sitting in the back seat of Palmertree's truck, and her view was partially blocked by the headrests and rear-view mirror. She said that when they arrived, Palmertree got out of their truck first, and then Seago got out. She said Grimes started running "full blast" at Palmertree but suddenly turned toward Seago. She could not see what happened thereafter. But Palmertree testified that when he got out of the truck, he looked straight ahead at Grimes walking, not running, toward him. Palmertree started walking towards Grimes when Grimes veered off. Palmertree did not see what Grimes did at that point in time.
¶11. After Grimes struck him, Seago fell and his head hit the pavement. Grimes jumped on him and threw a few more punches before he realized Seago was offering no resistance, and Grimes got up. At that point, Palmertree tackled Grimes, and the two began fighting, moving into the view of the Aggie Mart surveillance camera.[6] The tape showed Palmertree on top of Grimes, hitting him. Ashley joined them, trying to separate them, and in the process, she too threw a few punches at Palmertree The video showed Ashley, Chris M., Chad, and Allyson circling Palmertree and Grimes as they were on the ground, fighting. They attempted to stop the fight and eventually, a car drove past them and the driver told them that the police were on the way. The parties separated and all got to their feet and moved out of the camera's range.
¶12. According to Allyson, Palmertree went back to his truck to check on Seago. Grimes followed him. Kayla and Brooke had called 911 and tended to Seago, who was breathing but not conscious. Brooke said something, and Grimes shoved or backhanded her. Then Palmertree pulled his shotgun out of his truck and shot in the air. Grimes retreated and drove off. As he left, Palmertree fired the gun, but no one was shot.
¶13. All witnesses testified that the entire fight lasted two to three minutes and appeared to be a typical fight. Seago was taken to Magnolia Regional Health Center in Corinth, Mississippi, and later transferred to Region One Health in Memphis, Tennessee, where he died on May 19, 2017.
¶14. On September 6, 2017, Grimes was indicted for second-degree murder of Seago pursuant to Mississippi Code Annotated section 97-3-19(1)(b) (Supp. 2015).[7] The parties participated in extensive discovery before trial which included depositions of most of the eyewitnesses.
¶15. On April 5, 2019, the circuit court heard several pre-trial motions and the trial began on April 19, 2019. Those testifying included Grimes, Ashley, Allyson, Chris M., Kayla Palmertree, Brooke, and two medical experts who established that Seago died as a result of Grimes's assault. The deceased's half-brother, Michael Seago, also testified as well as Cammie Stewart, and law enforcement personnel. When Kayla was asked by Grimes on cross-examination whether Seago had been in any prior fights, Kayla answered that Greg had, back in high school. The State objected. After a bench...
To continue reading
Request your trial