McDaniels v. State
| Decision Date | 18 September 2015 |
| Docket Number | CR–13–1624. |
| Citation | 200 So.3d 1179 |
| Parties | Jeremy Glenn McDANIELS v. STATE of Alabama. |
| Court | Alabama Court of Criminal Appeals |
Thomas Jefferson Deen III, Mobile, for appellant.
Luther Strange, atty. gen., and James B. Prude, asst. atty. gen., for appellee.
, Judge.
The appellant, Jeremy Glenn McDaniels, was convicted of manslaughter, a violation of § 13A–6–3(a)(1), Ala.Code 1975
. McDaniels was sentenced to 15 years' imprisonment; that sentence was split, and he was ordered to serve 3 years' imprisonment followed by 3 years' probation. The circuit court ordered McDaniels to pay $5,800 to the crime victims compensation fund and court costs.
The record indicates the following pertinent facts. Charles Scarbrough testified that he was serving as the designated driver for his group of friends, who were patrons at Club Casino on October 28, 2012. Scarbrough testified that he was sitting in a chair at the club and saw a woman and a man “hanging out” when another man, later identified as Benjamin Reed, approached the pair and an argument ensued. According to Scarbrough, Reed seemed irritated that the woman was with the other man. As the three argued, Raymond Boykin intervened and appeared to be protecting the woman from Reed. After the argument continued for 15–20 minutes, McDaniels, who had been sitting down and “didn't seem to [be] involved in any way, shape, or form” got out of his chair and punched Boykin in the side of the head. (R. 76.) Scarbrough indicated that Boykin never saw the punch coming and instantly fell to the floor, hitting his head on a table in the process. According to Scarbrough, McDaniels “[t]ook a couple extra steps to put a little extra oomph” into the punch. (R. 97.) Boykin remained motionless on the floor afterward. Scarbrough testified that Boykin spoke in a voice loud enough to be heard over the noise of the bar, did not act overly aggressive, and was not close enough with anyone to engage in a physical altercation when he was punched.
On cross-examination, Scarbrough said that a blonde-haired woman was standing up talking to a heavier-set man who was sitting in a chair. Scarbrough remembered seeing Reed approach her, seemingly aggravated that she was there with another man. When Reed became increasingly aggressive toward the woman, Boykin approached Reed and stated that he was not going to allow Reed “to touch a woman like that in front of [him].” (R. 90.) After a few minutes of argument between Boykin and Reed, Reed swung at Boykin across the table but missed. Boykin then began to circle around the table before McDaniels punched him. Scarbrough criticized the way Boykin was treated after the punch. Scarbrough testified that several bar patrons placed Boykin in a chair but that Boykin fell out of the chair to the floor.
Michael Chun testified that he was at Club Casino on October 28, 2012, with his girlfriend and her friend. Chun testified that two girls started fighting. A tall man then began yelling back and forth with one of the women. According to Chun, Boykin came around to the table as if “he was trying to get them to calm down.” (R. 100.) As Boykin walked around the table, Chun saw McDaniels walk up and punch him in the side of the head.
Robyn Chun, Michael Chun's wife and girlfriend at the time of the incident, testified that she saw a female crawling across a table to throw a drink at someone. Robyn then saw someone punch Boykin on the side or back of the head. Robyn testified that after Boykin was punched, people crowded around him and tried to get Boykin to sit in a chair; she said that she did not see him fall from the chair. Robyn testified that she did not see Boykin punch or swing at anyone.
Donnie Ray Broadus's family owned Club Casino. Broadus testified that he was working on the night of the incident. According to Broadus, everyone at the club was having a good time until he saw a young lady run across the club and begin to argue with another girl. Broadus testified that one of the bouncers took care of the situation. Afterward, a group of men gathered and started to argue. Broadus testified that he escorted Reed out of the club after he saw Reed throw a punch at another man. As Broadus escorted Reed out of the club, he saw another bouncer escorting McDaniels out of the club. Broadus testified that as he returned inside, he saw a few people standing over Boykin, trying to wake him up. When Boykin did not respond after a few minutes, Broadus telephoned 911 for emergency assistance, and paramedics responded to the scene. Broadus testified that he never saw anyone place Boykin in a chair. Afterward, Broadus and an off-duty police officer spoke with McDaniels and told him not to leave.
Brianna Capps testified that she went to the club with Robyn and Michael Chun on the night of the incident. Capps testified that she was sitting around talking when she noticed two girls arguing. Capps testified that she saw Boykin get up and walk toward the women when McDaniels “c[a]me out of nowhere and just hit him in the head.” (R. 158–159.) After Boykin was punched, he fell to the floor backwards. Bystanders attempted to seat Boykin in a chair, but laid him back on the floor once it was apparent that he was not waking up. Capps testified that Boykin fell out of the chair at one point but that bystanders caught him before he hit the floor.
John Talbott testified that he assisted with security at the club and that he was present on the night of the incident. Talbott testified that he helped escort one of the women out of the bar after a fight broke out between her and another woman. When he returned, another fight had broken out and Talbott saw Boykin fall over and hit his head on a chair.
William Harris was employed as a bouncer at the club and was working there on the night of the incident. Harris testified that he heard something fall and turned around to see Boykin lying on the floor. Harris attended to Boykin, placing him in a chair and wiping his face with a wet rag. After another bouncer realized that Boykin was not breathing properly, the bouncers laid Boykin back on the floor and telephoned 911 for emergency medical assistance.
Ray Oakley was employed as a bouncer at the club and recognized McDaniels and Boykin as regular customers. Oakley testified that he was working on the night of the incident and heard a bunch of screaming and shouting after two women were kicked out of the club. Oakley looked and saw “something going on between” Boykin and Reed. Oakley approached the men, but McDaniels stepped out of the crowd and punched Boykin before Oakley could intervene. Oakley never saw Boykin punch or swing at anyone before McDaniels attacked him. After McDaniels punched Boykin, Oakley never saw Boykin move again.
Tim Lowery, a friend of Broadus's, testified that he visited the club on the night Boykin was punched. Lowery testified that he and Broadus were walking toward the stage when they saw a woman yelling at someone. As Broadus and two other employees approached the woman and escorted her from the bar, Lowery went to the bar and grabbed a bottle of water and then went to the restroom. When Lowery returned, he began talking to Broadus when he saw Reed reach across a table and slap Boykin. Broadus immediately grabbed Reed to escort him out of the club. Boykin initially began to walk around the table as if he was “going after” Reed but stopped and said that he did not want any trouble when Lowery told him to stop. As Boykin then reached to grab his drink, McDaniels, who was walking toward the exit door, turned and hit Boykin from behind with what Lowery called a “coward punch.” (R. 245.) As he was hit, Boykin immediately fell over a chair and hit his head on the dance floor. According to Lowery, Boykin hit his head “really hard” on the floor—bouncing three to six inches off the floor upon impact. Others immediately began to administer first aid to Boykin. Lowery saw Boykin placed in a chair before being placed back down on the floor.
Upon realizing the seriousness of Boykin's condition, police officers detained McDaniels and transported him to the Mobile Police Headquarters for an interview. Kent Quinnie, a detective with the Mobile Police Department, testified that he noticed that McDaniels had redness on his knuckles. McDaniels was advised of his Miranda1 rights, waived those rights, and gave a statement to police. McDaniels told police that he went to Club Casino with Reed, Reed's girlfriend, and another woman. McDaniels said that he was sitting talking to Reed's girlfriend and the other woman when McDaniels's ex-girlfriend approached and began yelling. Afterward, Boykin approached the table and swung at Reed. McDaniels said that he told Boykin that Reed was his best friend and that Boykin swung at him. McDaniels admitted that he “jabbed” Boykin in the chin after Boykin said “fuck you and [Reed]” to McDaniels. (C. 81.) According to McDaniels, he did not believe that he had hit Boykin hard enough to hurt him.
Dr. Staci Turner, a medical examiner for the State of Alabama, testified that she performed an autopsy on Boykin. Dr. Turner indicated that Boykin had a few abrasions and scrapes on his chest but no bruises on his face
or chin. Dr. Turner indicated that there was bleeding around Boykin's brain due to a tear in a small artery. Boykin also had two contusions to his scalp, and Dr. Turner testified that those, along with the artery tear and bleeding, were the only noticeable injuries to Boykin. Those contusions continued through the scalp and resulted in torn blood vessels and lesion bleeds. According to Dr. Turner, those contusions were not necessarily lethal but the other head injuries would have caused Boykin to become unconscious and to die very quickly. Dr. Turner testified that the artery tear could have either been caused by a fist to the head or from striking the head on the floor after a fall. Dr. Turner concluded that Boykin's death was caused by...
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