Harris v. State
| Decision Date | 22 January 2020 |
| Docket Number | No. 4D18-1735,4D18-1735 |
| Citation | 289 So.3d 962 |
| Parties | David HARRIS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Carey Haughwout, Public Defender, and David John McPherrin, Assistant Public Defender, West Palm Beach, for appellant.
Ashley Moody, Attorney General, Tallahassee, and Jessenia J. Concepcion, Assistant Attorney General, West Palm Beach, for appellee.
Appellant David Harris appeals his convictions for first-degree murder and aggravated battery evidencing prejudice. Of the several issues Appellant raises, we write to address two: (1) whether the trial court erred in denying Appellant's motion for a judgment of acquittal to the charge of first-degree murder, and (2) whether the court abused its discretion in denying Appellant's requests to redact certain portions of his statements to the police that were placed into evidence by the State. On these issues, and all others raised by Appellant, we affirm the judgment and sentence of the trial court.
The evidence presented at trial revealed the following. On the fateful evening in question, Appellant met up with his younger brother and a friend, Austin Taggart. When later questioned by police, Appellant maintained that his plan that evening was to smoke marijuana at a park and hang out with his younger brother. Taggart, however, needed money and intended to go "Guat hunting." Appellant testified that this term refers to robbing people of Guatemalan and Mexican ethnicity, generally on Fridays ("pay day"). Appellant claimed that only Taggart planned to go "Guat hunting" that night. Nevertheless, Appellant joined Taggart in purposefully walking towards "the numbered streets" (a predominately Hispanic neighborhood) shortly after midnight. Appellant later stated that he agreed to "tag along" with Taggart because "crazy sh*t could happen, like, Mexicans ... to have a gun [and] we're all, like, brothers in arms, you know."
As the group neared this neighborhood, Taggart, without provocation, brutally assaulted a Hispanic man riding a bicycle. The Harris brothers did not participate in the attack but kept walking as it occurred and did not intervene or offer aid to the victim. Appellant testified that he subsequently told Taggart to "chill."
After this initial attack, Taggart picked up a piece of rebar and carried it with him. Less than a mile from where Taggart assaulted the man on the bicycle, Appellant heard Spanish music playing and encountered a group of four men speaking Spanish and drinking in a front yard. Appellant's group approached these individuals.
Shortly after the arrival of Appellant's group, Elmer Lopez-Ramos went to a nearby shed to retrieve an axe. Appellant later told police that he thought Elmer became uncomfortable seeing Taggart armed with the rebar. According to Appellant, once Elmer returned with the axe, he touched Appellant on the shoulder with the axe despite Appellant's protest and persisted with the unwanted touching until Appellant slapped Elmer. Elmer denied ever touching Appellant, with the axe or otherwise. Both Appellant and Elmer agreed that, as Appellant approached Elmer in a belligerent manner, Elmer dropped the axe and attempted to flee. Appellant, however, reached down and grabbed a rock, or a clump of dirt containing rocks, and hit Elmer in the face with the rock(s). Appellant hit Elmer with such force that Appellant later expressed surprise that Elmer was still conscious, noting that he was "hitting full force" and it "sound[ed] like I'm hitting a freakin' brick wall with a brick." Appellant followed up the initial strike with several more punches until Elmer was able to run away from him. Appellant chased Elmer, but the latter escaped and called the police from a nearby alley. At trial, Elmer denied having acted aggressively towards Appellant or physically provoking him.
After Elmer fled, Appellant picked up the discarded axe; he claimed that Elmer's brother, Onesimo Lopez-Ramos, and one of his companions had armed themselves with a pipe and a machete, respectively. An altercation ensued and Onesimo attempted to flee. This time, however, the victim did not escape Appellant, and Appellant hit Onesimo in the back of the head with the blunt side of the axe. Appellant claimed to have hit Onesimo only once and specifically denied hitting Onesimo while he lay unconscious on the ground. According to Appellant, Taggart hit Onesimo with the rebar several times as he lay on the ground and then "smashed" his head with a large rock.
The State presented forensic evidence that Onesimo died from blunt force trauma to the back of the head, and the medical examiner opined that the fatal wound was more likely caused by the axe than by a rock. The medical examiner further testified that "most of the evidence ... compel[led him] to believe that to create that fracture, [Onesimo's] head had to have been supported"; this would mean that Onesimo was likely hit on the back of the head with the axe while lying face down on the ground. This testimony directly conflicted with Appellant's version of events as he denied hitting Onesimo with the axe while Onesimo was on the ground.
The jury convicted Appellant as charged with the first-degree murder of Onesimo and with aggravated battery evidencing prejudice as to Elmer. Appellant received a sentence of life in prison for the murder conviction and a consecutive fifteen years for the aggravated battery conviction. This appeal followed.
The trial court's ruling on a motion for judgment of acquittal is reviewed de novo. Hobart v. State , 175 So. 3d 191, 199 (Fla. 2015) ; Wiley v. State , 60 So. 3d 588, 590 (Fla. 4th DCA 2011). "Generally, an appellate court will not reverse a conviction that is supported by competent substantial evidence." Johnston v. State , 863 So. 2d 271, 283 (Fla. 2003). "In moving for a judgment of acquittal, a defendant admits the facts in evidence and every conclusion favorable to the [State] that may be fairly and reasonably inferred from the evidence." Turner v. State , 29 So. 3d 361, 364 (Fla. 4th DCA 2010).
"The unlawful killing of a human being when perpetrated from a premeditated design to effect the death of the person killed or any human being constitutes murder in the first degree." Fennell v. State , 959 So. 2d 810, 813 (Fla. 4th DCA 2007) ; see also § 782.04(1)(a) 1, Fla. Stat. (2015). "Premeditation can be formed in a moment and need only exist for such time as will allow the accused to be conscious of the nature of the act he is about to commit and the probable result of that act." Fennell , 959 So. 2d at 814 (quoting DeAngelo v. State , 616 So. 2d 440, 441-42 (Fla. 1993) (internal quotation marks omitted)). "Premeditation may be inferred from circumstantial evidence including: the nature of the weapon used, the presence or absence of provocation, previous difficulties between the parties, the manner in which the homicide was committed, and the manner of the wounds inflicted. Graham v. State , 793 So. 2d 15, 17 (Fla. 2d DCA 2001) (citing Holton v. State , 573 So. 2d 284 (Fla. 1990) ).
Appellant argued below and on appeal that the State failed to prove premeditation with respect to the death of Onesimo because Appellant did not arrive at the gathering with a weapon and never expressed an intent to kill anyone. However, Appellant acknowledged chasing and hitting Onesimo with an axe. While Appellant contends that Taggart struck the fatal blow with a rock, the medical examiner's testimony reflected that the fatal blow most likely resulted from the axe striking the victim's head while he lay face down on the ground. Moreover, during his interview with the police, Appellant admitted to killing Onesimo (albeit, "in self-defense"). Thus, competent substantial evidence existed to submit the question of premeditation to the jury, and the trial court did not err in denying Appellant's motion for judgment of acquittal.
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