Scates v. State
| Docket Number | 2022-KA-00856-COA |
| Decision Date | 07 November 2023 |
| Parties | JOHN SCATES, JR. APPELLANT v. STATE OF MISSISSIPPI APPELLEE |
| Court | Court of Appeals of Mississippi |
1
JOHN SCATES, JR. APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE
No. 2022-KA-00856-COA
Court of Appeals of Mississippi
November 7, 2023
DATE OF JUDGMENT: 10/13/2021
COURT FROM WHICH APPEALED: WASHINGTON COUNTY CIRCUIT COURT HON. W. ASHLEY HINES TRIAL JUDGE
ATTORNEYS FOR APPELLANT: JACOB MICHAEL JENKINS A. LEE ABRAHAM JR.
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: CASEY BONNER FARMER
DISTRICT ATTORNEY: WILLIE DEWAYNE RICHARDSON
BEFORE WILSON, P.J., McDONALD AND LAWRENCE, JJ.
LAWRENCE, J.
¶1. After a jury trial, John Scates Jr. was convicted of aggravated assault enhanced by the use of a firearm. He was sentenced to serve twenty years in the custody of the Mississippi Department of Corrections (MDOC) for the aggravated assault conviction, and the court ordered him to serve an additional five-year sentence for the firearm enhancement, set to run consecutively to the twenty-year term. Scates's post-trial motions were denied, and he appealed. On appeal, Scates argues that the trial judge should have (1) ordered a mistrial due to prejudicial comments by the State's key witness, (2) granted his motion for a new trial due to alleged intimidation of a juror by her fellow jurors, and (3) granted his motion for a new
trial because the verdict was against the overwhelming weight of the evidence. Finding no error, we affirm.
FACTUAL BACKGROUND
¶2. In 2017, Henry Bates sold a truck to Scates for $7,500, with $5,000 down and the remaining $2,500 to be paid in installments over the course of a few months. On October 19, 2017, Scates still owed Bates a remaining balance of $500. On that day, Bates decided to repossess the truck. Bates drove to Scates's place of employment, Greenville Imports, and with the assistance of Antonio Granger, loaded the truck onto a tow truck and removed it from the lot. When Scates realized the truck was missing, he contacted Bates and agreed to furnish the remaining $500 he owed in return for his truck.
¶3. Later that evening, Bates returned to Greenville Imports, and an argument ensued when Bates wanted more than just the $500. When Bates was leaving, Scates shot Bates in the back. At 6:25 p.m., the Greenville Police Department responded to the scene. Bates, Scates, Antonio Granger, and a man named Christopher Buford were at the scene. Scates was cooperative, and the Greenville Police Department took him into custody. Scates was arrested and subsequently indicted for the crime of aggravated assault with a firearm enhancement. Scates's trial took place from May 25- 26, 2021.
¶4. At trial, the State called Sharon Jones, the dispatch supervisor for the Greenville Police Department. She authenticated the CAD report[1] detailing the date, time, and location of the 911 call, which was the subject of this incident. That report and the 911 call were
introduced into evidence.[2] Jones testified that a call of "shots fired" came in "On October the 19th, 2017 at . . . 6:20 p.m." The location of the shooting was "Greenville Imports." A police officer arrived at the scene at "18:25" (6:25 p.m.).
¶5. The State's next witness was Officer Cody Norris, the Greenville police officer who was the first to respond to the scene. Upon arrival, Officer Norris observed two men: Bates "on the ground in some blood," and Scates "in the building." He made contact with Bates and observed that he had "two . . . gunshot wounds to the back." Officer Norris specified these wounds were located in the "small center, lower center of his back." Officer Norris did not observe a weapon in Bates's vicinity, in his waistband, or on his person. Officer Norris testified there was no indication that Bates possessed a firearm.
¶6. On cross-examination, Officer Norris testified that aside from Bates and Scates, he could not recall if anyone else was present at the scene. He did recall, however, that he "spoke to somebody else that was not Mr. Scates or Mr. Bates" but could not remember the name of this person. On redirect-examination, after refreshing his memory, he testified that he made contact with four non-law enforcement individuals: Bates, Scates, Granger, and Buford.
¶7. The State called Antonio Granger to testify next. Granger testified that on October 19, 2017, he and Bates drove together in Granger's tow truck to Greenville Imports and "picked up a truck that [Bates] had sold to [Scates]." Granger stated that he stayed outside while Bates went into Greenville Imports to speak to Scates. Bates left the parking lot in the
truck with Granger following behind him in a tow truck.
¶8. Later that afternoon, Bates called Granger and told him his car had "broke down."[3]Granger assisted Bates in towing his vehicle.[4] Bates asked Granger if he could return to Greenville Imports because he needed to speak to Scates again. Granger drove back to Greenville Imports but remained next to his tow truck[5] while Bates went to speak to Scates. Granger stated Bates walked up to Scates's office door, and "once [Bates] got up there [he] could hear them talking." Granger further testified he was "not paying a whole lot of attention" until he heard Bates and Scates "arguing back and forth." Granger then heard the first gunshot and could no longer see Bates or Scates. At this point, Granger started walking toward the building so he could see where Bates was, but once he got around his tow truck, he saw Scates shoot a gun (the second shot Granger heard). Scates then pointed the gun at Granger and told him to "get back." Granger observed Bates lying face down on the ground. Granger did not see anything else on the ground other than a yellow envelope.[6] Granger stated he called 911. At this point in Granger's testimony, his 911 call was played before the jury. Granger testified he stood by Bates's side while they awaited emergency personnel. Scates remained in the doorway of his office. Granger stated that "after the [medical
personnel] got [Bates] off the ground, [he] picked the [yellow] envelope up." On crossexamination, Granger testified he "wasn't paying attention" when the shooting happened and "still [didn't] know exactly what happened." He further testified he never gave the envelope to the police officers. When the defense asked Granger if he removed a gun from the crime scene, he responded, "What I'm gonna remove a gun for. He ain't have no gun.... If he had had it I believe he would have defended himself."
¶9. Bates next testified for the State. He testified that he visited Greenville Imports twice on the date of the incident. The first visit was "around 9:00 a.m." During that visit, Bates stated he arrived at Greenville Imports in his Mini Cooper, while Granger and "whoever he had with him" drove separately in Granger's tow truck. Bates then went into Greenville Imports to "make sure John didn't look out the window" while Granger and "someone else" got the truck. Around thirty minutes after Bates had repossessed the truck, he received a call from Scates. Bates stated that Scates told him he "[needed] the truck back." Bates, who was then driving to Jackson, agreed to return the truck as soon as Bates came back into town. Later that afternoon, Bates's car "broke down," and Granger assisted him. They then drove straight to Greenville Imports (per the discussion between Bates and Scates). During that second visit, Bates testified, he walked into Scates's office and told him, "All right . . . let's go get your truck." When Bates and Scates got to the door, Bates told Scates, "[H]ey, you're gonna give me a little extra juice with this." Scates responded that he did not have any extra "juice." As the two faced the car lot, Scates asked Bates "[W]here's my truck at." Bates told Scates, "just told you we got to go get it." Scates then said, "I want my godd[***] truck." In response, Bates said, "[I]f you got my money put it on the back of the Mustang." Bates
testified that he turned around, and "the next thing [he] knew [he] just heard the shot and fell." He then heard a second shot, which grazed his hand. Bates testified he did not have any weapons on him. Bates did not recall seeing a manilla envelope that day or at any point thereafter, but when he was in the hospital, he found out that "they got an envelope off the ground that had blood and stuff on it." He further testified that when he was lying on the ground, he told Scates, "[W]hy you shot me . . . you was fixing to get your truck back . . . now you ain't gonna never get it back."
¶10. During Bates's cross-examination, Bates stated he never threatened Scates and specifically stated, "Why would I? . . . I would be a fool to." Later on during the crossexamination, the following exchange occurred between Scates's counsel and Bates:
Q: Mr. Bates, do you remember coming to my office in the later part of October and telling me that all of this was a mistake?
A: You're asking me to answer?
Q: Yes.
A: Yes, because you offered me $35,000.
Q: Did what?
A: You offered me $35,000.
Q: I offered you $35,000?
A: Yes, . . .
Q: You are absolutely out of your mind.
As a result of this statement, a bench conference ensued, and defense counsel moved for a mistrial on the ground that Bates's comment strongly prejudiced the defense. The following exchange occurred:
DEFENSE COUNSEL: I'm gonna ask that a mistrial be declared.
STATE COUNSEL 1: We can strike the testimony.
DEFENSE COUNSEL: It's prejudicial. I'm gonna ask that a mistrial be declared.
BY THE COURT: I'm not gonna declare a mistrial.
DEFENSE COUNSEL: Well, I got to do something to cure this problem because he is lying his butt off.
BY THE COURT: I mean, that's up to the jury to see whether he - -
DEFENSE COUNSEL: I haven't offered him a penny . . . it's highly prejudicial.
BY THE COURT: Well, it is but - -
DEFENSE COUNSEL: It frankly pisses me off...
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