Smith v. Caple
| Decision Date | 31 March 2021 |
| Docket Number | C.A. No. 18-123 (MN) |
| Parties | HERO TIERA T. SMITH, f/k/a TIERA T. SMITH, Petitioner, v. WENDI CAPLE, Warden, and ATTORNEY GENERAL OF THE STATE OF DELAWARE, Respondents. |
| Court | U.S. District Court — District of Delaware |
Hero Tiera T. Smith - Pro se Petitioner.
Kathryn Joy Garrison, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE - Attorneys for Respondents.
March 31, 2021
Wilmington, Delaware
Pending before the Court is a Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 ("Petition") filed by Petitioner Hero Tiera T. Smith ("Petitioner"). (D.I. 3). The State filed an Answer in opposition, to which Petitioner filed a Reply. (D.I. 19; D.I. 21). For the reasons discussed, the Court will deny the Petition.
On July 27, 2007, Charles Smith (CJ) drove into the Seaford Meadows apartment complex. His girlfriend, Jalissa Cannon, was in the front seat next to him. (D.I. 19 at 4). Angel Blackwell and Ardelia Parker were sleeping in the backseat of CJ's car. As CJ pulled into the complex, Petitioner was driving out. They saw each other and stopped their cars side-by-side and facing in opposite directions. Less than a minute later, Petitioner stood at CJ's door, reached her arm through his open window, and shot him three times at close range, killing him. Id.
The police interviewed a number of eyewitnesses to the murder. Jalissa Cannon (Jalissa) was initially interviewed at the scene. (D.I. 17-9 at 8). She also later gave a recorded statement and a written statement. Jalissa said that after CJ turned into the Seaford Meadows entrance, he saw Petitioner in her car and said, "[t]here is the bitch that shot at us last night." (D.I. 17-5 at 81). CJ stopped his car and Petitioner did the same. (D.I. 17-5 at 83). CJ asked Petitioner if, when she had pulled out a gun the night before, she had meant it for him. (D.I. 17-5 at 83; D.I. 17-9 at 21). Petitioner replied no. (Id.). CJ put his car in drive and said, "[t]hat's okay because I don't play that gun stuff." (Id.). Petitioner then told CJ, "[i]f I pulled it out on you then I would have did it." (Id.). Jalissa saw Petitioner reach underneath her seat and pull out a black gun. (D.I. 17-9 at 21). Petitioner then got out of her car and walked to the driver's side of CJ's car. (Id.). CJ opened his door as if to get out. (Id.). Petitioner said, "[d]o you want me to shoot you?" (Id.). And then sheshot him. (Id.). CJ's door was open and he was trying to get back into the car. (D.I. 17-9 at 8; D.I. 17-9 at 21). Jalissa recognized Petitioner as someone she had seen around and identified her in a lineup. (D.I. 17-5 at 82; D.I. 17-9 at 37).
Ardelia Parker ("Ardelia") and Angel Blackwell ("Angel") were both asleep in the back of CJ's car when the altercation began. Both gave recorded and written statements to police. (D.I. 17-9 at 20, 24, 26). Neither paid attention to the words exchanged between Petitioner and CJ before the shooting. (Id.). Ardelia heard gunshots and looked up to see Petitioner with her arm in the driver's side window. (D.I. 17-9 at 26). Ardelia saw that when Petitioner fired the second shot, CJ's hands were on the steering wheel. (Id.). After firing the third shot, Petitioner got in her car and left. Id. Angel did not see the shots fired but did see Petitioner leaning in the window afterwards. (D.I. 17-9 at 20). Petitioner then jumped in her car and left. (D.I. 17-9 at 24, 26). Both Ardelia and Angel recognized Petitioner from having seen her before and both identified her from a photo lineup. (D.I. 17-9 at 20, 28).
Gerald Finkbinder (Finkbinder) and Patrick Gill (Gill), who were working at a job site in the apartment complex, both gave written and recorded statements. (D.I. 17-9 at 19, 23, 30-31). Finkbinder was unloading a truck when he heard a woman shouting. (D.I. 17-9 at 23). He walked around the truck and could see a black female out of her car yelling at a guy. (Id.). She then shot the guy through his car window three times. (Id.). The black female exited the parking lot in her car, almost running over Finkbinder. (Id.).
Gill was standing in one of the apartment units under construction when he saw a black male and a black female having an altercation. (Id.). He could not hear what they said, but said the female was the aggressor. (Id.). The female got out of her car, fired three rounds into the male's car, and then got into her own car and drove off. (Id.).
Zackery Nellams, who was also at the job site, gave only a written statement. (D.I. 17-9 at 29). He was standing at the back of a work truck when he heard a man and woman arguing. (Id.). He watched as the woman stepped out of her car and fired three shots at the man. (Id.). She then got back into her car and sped off. (Id.).
None of the eyewitnesses saw CJ with a gun. (See D.I. 17-17 at 47-53).
Seaford Meadow apartments had several video surveillance cameras. (D.I. 19 at 6). One of those cameras recorded the events surrounding the shooting. (Id.). State v. Smith, 2017 WL 902149, at *10 (Del. Super. Ct. Mar. 6, 2017), aff'd, 177 A.3d 613 (Del. 2018).
After the shooting, Petitioner fled the State. An acquaintance, Ambria Smith (Ambria), drove Petitioner to Salisbury, Maryland. (D.I. 17-17 at 37-38). Petitioner told Ambria that CJ had asked her whether the shot the day before had been meant for him. (Id.). Petitioner said CJ then kicked his car door open and it looked like he was going for something, so she shot him. (Id.). On July 30, 2007, Petitioner was arrested in Tift County, Georgia. (D.I. 17-14 at 65). While being escorted by the county officers, Petitioner told them that she had killed CJ in self-defense. (Id.). On August 8, 2007, an investigator from the Office of the Public Defender (OPD) interviewed Petitioner. (Id.). According to the investigator's notes, Petitioner told him:
While exiting the apt. complex, her vehicle was blocked by (V's) vehicle. At this time, she says that she became frighten [sic] [and] did not know what was taking place. [CJ] Smith open [sic] his door [and] started yelling something unk. [and] he was looking very upset. Def. [sic] then closed his veh. door [and] reached under the passenger side front seat, still blocking her vehicle/ she could not go any place. Says that she became more fearful for her life [and]thought that he was trying to get a gun. Simultaneously as (V) was rising back up, she fired her pistol into (V) vehicle, but does not recall how many times [and] did not realize that she had struck him.
On August 16, 2007, the date of her preliminary hearing, Petitioner met with her defense counsel. (D.I. 17-9 at 32-39). She told counsel that, on the morning of the shooting, CJ had pulled his car alongside hers and had said, "[b]itch, you pulled a gun on me last night." (D.I. 17-9 at 34). He got out of his car and was coming at her. (D.I. 17-9 at 34). She reached under her seat for her gun. (D.I. 17-9 at 35). Then CJ got back into his car and leaned down towards the passenger seat. (Id.). Petitioner shot him because she thought she saw that he had a gun. (D.I. 17-9 at 35). During the preliminary hearing, defense counsel also learned that there were several eyewitnesses and that the shooting had been captured on video. (D.I. 17-5 at 90). In a letter, dated September 27, 2007, sent to defense counsel, Petitioner reiterated that she had been acting in self-defense and that when she saw CJ "with his gun approaching [her]," she acted on impulse. (D.I. 17-5 at 91).
On November 26, 2007, Petitioner was indicted on nine offenses: one count each of first degree murder, first degree assault, and possession of a deadly weapon by a person prohibited (PDWBPP); two counts of first degree reckless endangering; and four counts of possession of a firearm during the commission of a felony (PFDCF). (D.I 19 at 1). Petitioner filed a motion to sever the PDWBPP charge, which the Superior Court granted. (Id.).
Sometime in late April or early May of 2008, defense counsel retained the services of Joseph C. Zingaro, Ph.D., to perform a psychological evaluation of Petitioner. (D.I. 17-5 at 100; D.I. 17-6 at 29-30). Dr. Zingaro met with Petitioner on May 8, 2008, and reviewed records pertaining to her, including school records and prior mental health screenings. (D.I. 17-5 at 92). Dr. Zingaro created a comprehensive report about Petitioner in which he noted: (1) her childhoodwas marked by being the victim of sexual abuse on several occasions by at least two different perpetrators (D.I. 17-5 at 94, 96-97); (2) she received very limited counseling for the sexual abuse (D.I. 17-5 at 96, 98-99); (3) she never had a relationship with her mother, who had been incarcerated for drug-related crimes (D.I. 17-5 at 98); (4) she was raised by several different people in Delaware and Georgia, some of whom exposed her to illegal substances and alcohol at a young age (D.I. 17-5 at 94, 98); (5) she reported she had been robbed twice, once at gunpoint, while selling drugs (D.I. 17-5 at 94, 99); (6) she attempted to commit suicide as an adolescent (D.I. 17-5 at 95); (7) she might have suffered from Fetal Alcohol Syndrome because her mother used drugs and alcohol during pregnancy (D.I. 17-5 at 96); (8) she had been diagnosed in 2004 with Conduct Disorder, Cannabis Abuse and "Rule Out Traits of Post Traumatic Stress Disorder" (Id.); and (9) she met criteria for Major Depression, Panic Disorder and Social Anxiety Disorder (D.I. 17-5 at 97).
Petitioner also discussed the shooting with Dr. Zingaro, telling him that she had hung out with CJ and that he had accused her of shooting at...
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