Price v. State
| Decision Date | 25 October 2022 |
| Docket Number | 2019-KA-01890-COA |
| Parties | GARRICK PRICE APPELLANT v. STATE OF MISSISSIPPI APPELLEE |
| Court | Mississippi Court of Appeals |
ATTORNEYS FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY ALLISON ELIZABETH HORNE ALEXANDRA RODU ROSENBLATT
DISTRICT ATTORNEY: WILLIE DEWAYNE RICHARDSON
EN BANC.
¶1. Following a jury trial in the Sunflower County Circuit Court, Garrick Price was convicted of first-degree murder, two counts of attempted first-degree murder, and possession of a firearm by a felon. The circuit court sentenced Price to life imprisonment for his first-degree murder conviction, two twenty-year terms for his attempted first-degree murder convictions, and a five-year term for possession of a firearm by a felon, all to run concurrently in the custody of the Mississippi Department of Corrections (MDOC). The circuit court also sentenced Price to an additional ten years pursuant to the firearm-sentence- enhancement statute, with that sentence set to run consecutively to the other sentences.[1]
¶2. Price now appeals his convictions and sentences. Finding no error, we affirm.
¶3. Around 10:13 p.m. on April 17, 2017, Aaron Beamon (Beamon) Svante Pernell (Pernell), Zachary Lee (Lee) and Melissa Ross (Melissa)[2] returned to Melissa's home on Galaxy Street in Indianola, Mississippi, after traveling from Memphis, Tennessee, where they had been shopping. Upon arriving home, Melissa and Pernell exited Beamon's Chevrolet Tahoe to retrieve Melissa's shopping bags from the trunk. Melissa and Pernell observed two men approaching them with guns. The men opened fire on the vehicle. Beamon attempted to drive away, but he was struck by a bullet and crashed the Tahoe into a tree. As a result of the incident, Beamon was killed, Pernell suffered two gunshot wounds, and Lee suffered a broken neck. During the investigation, Melissa and another witness Cecilia Gibson (Gibson) identified Price and Damien Ross (Ross) as the shooters.
¶4. On May 8, 2019, both Price and Ross were indicted on one count of first-degree murder (enhanced by a firearm) in violation of Mississippi Code Annotated section 97-3-19(1)(a) (Supp. 2015) (Count I), two counts of attempted first-degree murder (enhanced by a firearm) in violation of Mississippi Code Annotated section 97-1-7 (Rev. 2014) (Count II and Count III), and one count of possession of firearm by a felon (enhanced by a firearm) in violation of Mississippi Code Annotated section 97-37-5 (Rev. 2014) (Count IV). Because Price has been convicted of two prior felonies, he was also indicted as a habitual offender under Mississippi Code Annotated section 99-19-81 (Rev. 2015).
¶5. On November 5, 2019, Ross filed a motion requesting severance and a separate trial, which the trial court denied. Ross's motion was not included in the record. However, on November 7, 2019, the State filed a response to Ross's motion and argued that because the anticipated evidence went to the guilt of both defendants, a severance in the matter was inappropriate. Price did not join in Ross's motion. The case against both men proceeded to trial in the Sunflower County Circuit Court on November 12, 2019. After the jury was selected, the court recessed for the day. The next day, two jurors informed the circuit court that when they saw victim Pernell in the hall, they realized they were familiar with him. After questioning these jurors, the court excused one for cause. The court then moved an alternate juror and designated the other juror to be an alternate. Both defendants objected, and Price moved for a mistrial. The court overruled the objection and denied the motion for a mistrial.
¶6. After opening statements, Ross renewed his motion for severance, but Price's counsel stated that he did not think that severance was necessary. The court took Ross's motion under advisement, and the trial proceeded.
¶7. At trial, Melissa testified that on the day of the shooting, Pernell called and told her to get dressed because they were going to Memphis.[3] Pernell, Beamon, and Lee picked up Melissa from her home. According to Melissa, they returned to her home around 10:13 p.m. Melissa and Pernell exited the Tahoe to get Melissa's shopping bags. As Melissa and Pernell were sorting through the bags, they noticed two young men walking down the street. Melissa asked Pernell who the men were, and he responded that he did not know.
¶8. According to Melissa, the men had hoods on, and as they came closer to the streetlight she heard one of the men say, "Don't run now, old [expletive]," and then the gunshots started. Melissa stated that when the first set of shots started, she froze in the middle of the road. Melissa testified that as the men were headed toward her, she looked Price in the eyes. When the second set of gunshots started, Melissa ran, fell to the sidewalk, and placed her hands over her head. According to Melissa, Price fired the first set of gunshots, and Ross fired the second set.
¶9. Melissa stated that while she was lying on the ground, she heard a boom. When she lifted her head, Melissa saw that the Tahoe had hit a tree across the street from her home. Melissa stated Beamon "hopped out the truck holding his neck," and Pernell and Lee were limping. Melissa stated that after they exited the vehicle, Beamon, Lee, and Pernell cut through a field and headed toward Grove Park. On direct examination, Melissa identified both Price and Ross as the shooters. She also testified that although it was dark on the night of the shooting, nothing prevented her from identifying Price.
¶10. However, on cross-examination by Ross's attorney, Melissa admitted that on the night of the shooting she only identified Price (a/k/a "Domino") as one of the shooters when speaking with Sergeant Caldwell with the Indianola Police Department at the scene. Sergeant Caldwell asked Melissa if anyone else had seen what happened. Melissa told Sergeant Caldwell that Cecelia Gibson (Gibson) was present when the shooting occurred. Melissa stated that after she identified Price, Gibson approached Sergeant Caldwell and identified Price and Ross as the shooters. According to Melissa, Gibson stated that the men had just come from her house. Melissa testified that she did not mention Ross's name as one of the shooters until after she heard Gibson identify Ross. Melissa further stated that she was not aware of any problems between Pernell, Beamon, Lee, and Price before the incident. Nor was she aware of any conflict Price and Ross may have had with her.
¶11. Pernell testified that on the day of the shooting, he, Beamon, Lee, and Melissa went to Memphis in his Tahoe. When they made it back to Melissa's home, Beamon and Lee switched seats, and Beamon got into the driver's seat. As Beamon and Lee were switching seats, Pernell and Melissa were gathering Melissa's things out of the back of the truck. While gathering the bags, Melissa asked Pernell who was coming toward them from down the street. Pernell looked and saw two men running toward them, so he turned around and closed the hatch of the truck. According to Pernell, one of the shooters was wearing his hat to the front while the other wore his hat to the back. Pernell stated that it was pretty dark out that night and that he could not see the men's faces. Pernell also testified that he did not know who the men were. As he turned around to face the men approaching, he realized that they were drawing guns. Pernell jumped into the backseat of the truck and told Beamon to go. Pernell stated that as Beamon was pulling off, both he and Beamon were shot, and Beamon lost control and ran the truck into a tree. Pernell testified that he was shot in the stomach first and then in the leg.
¶12. After the shooting stopped, Pernell crawled out of the truck and shook Beamon and Lee, who had lost consciousness. When Beamon and Lee regained consciousness, all three fled the scene and ran through a field to a "Mr. Walker's" home, where they waited for police to arrive. Pernell testified that after the shooting, he spoke with Investigator Johnnie Bland. Pernell told Investigator Bland that he could not identify who had shot him. Pernell stated that he knew of Price and had seen his face before but denied seeing Price on the night of the shooting. Pernell also stated that he did not remember hearing one of the shooters yell out "Don't you run now."
¶13. Gibson also testified at trial.[4] Gibson stated that on the day of the incident, she had walked down the street to a neighbor's home for cigarettes. As she waited outside for the cigarettes, she heard a voice say, "Don't run now." After she turned to see who had made the statement, Gibson heard gunfire and saw two young men wearing hoodies with guns in their hands. After Gibson testified that she did not see the young men's faces, the State produced Sergeant Caldwell's body-camera footage in which Gibson stated, without hesitation, that she saw Damien Ross and "Domino" (Price) shooting. When questioned about her inconsistent statement, Gibson stated that she did not know why she identified Price and Ross because she had not, in fact, seen the shooters' faces. Gibson further stated that by the time she turned around, the shooting had already begun, and she ducked under a car. Sergeant Caldwell's body-camera footage was entered into evidence for the jury to consider.
¶14. Sergeant Caldwell testified that the initial dispatch indicated that shots were fired in the area of Galaxy Street but a subsequent dispatch reported that the injured subjects were located on Jordan Drive. After checking on the...
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