State v. Crump

• Decision Date: 24 September 1996
• Docket Number: No. 14555,14555
• Citation: 683 A.2d 402,43 Conn.App. 252
• Parties: STATE of Connecticut v. Jacob CRUMP.
• Court: Connecticut Court of Appeals

Page 402

683 A.2d 402

43 Conn.App. 252

STATE of Connecticut v. Jacob CRUMP.

No. 14555.

Appellate Court of Connecticut.

Argued April 16, 1996.

Decided Sept. 24, 1996.

Gwen E. Murray, Certified Legal Intern, with whom, were Kyong C. Yi, Certified Legal Intern, and, on the brief, Richard Emanuel, Assistant Public Defender, for appellant (defendant).

Donald A. Browne, State's Attorney, for appellee (State).

Before FOTI, SCHALLER and FREDERICK A. FREEDMAN, JJ.

FOTI, Judge.

The defendant appeals from the judgment of conviction, rendered after a jury trial, of attempted murder in violation of General Statutes §§ 53a-49 and 53a-54a (a), carrying a pistol on his person without a permit in violation of General Statutes §§ 29-35 and 29-37(b), and conspiracy to commit murder in violation of General Statutes §§ 53a-48 and 53a-54a (a). ¹ The defendant claims that the evidence was insufficient to establish his guilt of the crimes charged, and that his conviction of the crime of conspiracy to commit murder was a legal impossibility. He further claims that the trial court improperly admitted the probable cause hearing testimony of a witness in violation of the defendant's confrontation and due process rights. ² We affirm the judgment of the trial court.

The jury could reasonably have found the following facts. On August 14, 1991, at approximately 2 a.m., one of two victims, Demond Braswell, who was sixteen years old, left his apartment in building sixteen at Father Panik Village in Bridgeport. He and four others planned to go to a local store to buy beer and food. As the five left building sixteen, they agreed to split into two groups. Demond Braswell, Tremayne O'Brien and Maunick Braswell proceeded between buildings sixteen and twenty, while the others proceeded in the opposite direction along Crescent Avenue.

As the three walked, they observed the defendant, Jacob Crump, standing in a doorway to their left at the south corner of building sixteen and Stefan Bagley, standing to their right at the end of building twenty. Bagley, who was carrying a long gun, stepped forward and said, "Freeze, don't move." Maunick Braswell immediately ran ahead, and the two victims, Demond Braswell and O'Brien retreated toward building sixteen. Bagley and Crump pursued the two retreating men, firing their weapons at them. The victims reentered building sixteen and more shots were fired therein. They returned to Demond Braswell's apartment to seek assistance. O'Brien had been shot twice, once in the left leg and once in the right thigh. Braswell had been shot once in the upper abdomen. The two victims were taken by ambulance to Bridgeport Hospital. O'Brien was treated and released. Demond Braswell later died as a result of his gunshot wound.

Braswell's fatal wound was produced by a ten millimeter copper jacketed bullet. Three ten millimeter bullet casings were recovered from the area south of building sixteen, between buildings sixteen and twenty, where the defendant had been standing. Three more .45 caliber bullet casings were found adjacent to the south end of building twenty, and two additional casings were found in the stairway leading to the Braswell apartment.

The defendant was a fugitive until March 4, 1992, when he was arrested in Hartford on an unrelated matter. At that time, the defendant was identified through fingerprinting, after he initially gave the police a false name.

I

The defendant alleges that the evidence was insufficient to sustain his convictions. " 'When reviewing a sufficiency of the evidence claim, we first examine the evidence in the light most favorable to upholding the jury's verdict. State v. Avis, 209 Conn. 290, 309, 551 A.2d 26 (1988), cert. denied, 489 U.S. 1097, 109 S.Ct. 1570, 103 L.Ed.2d 937 (1989); State v. Rice, 25 Conn.App. 646, 650, 595 A.2d 947 (1991). We then determine on the basis of the facts established and the inferences that reasonably could be drawn from those facts whether the jury reasonably could have concluded that the cumulative effect of the evidence established the defendant's guilt beyond a reasonable doubt. State v. Famiglietti, 219 Conn. 605, 609, 595 A.2d 306 (1991); State v. Hopes, 26 Conn.App. 367, 376, 602 A.2d 23, cert. denied, 221 Conn. 915, 603 A.2d 405 (1992). We note that the probative force of the evidence is not diminished because it consists, in whole or in part, of circumstantial evidence rather than direct evidence. State v. Robinson, 213 Conn. 243, 254, 567 A.2d 1173 (1989).' State v. Lago, 28 Conn.App. 9, 30, 611 A.2d 866, cert. denied, 223 Conn. 919, 614 A.2d 826 (1992). Our inquiry into whether the evidence in the record would support a finding of guilt beyond a reasonable doubt does not require us to ask if we believe that the evidence established guilt beyond a reasonable doubt, but rather if 'any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.' (Emphasis in original.) State v. Boykin, 27 Conn.App. 558, 563-64, 609 A.2d 242, cert. denied, 223 Conn. 905, 610 A.2d 179 (1992). Once a defendant has been found guilty of the crime charged, we conduct our judicial review of all of the evidence in the light most favorable to the prosecution. Id., [at] 564 ." State v. Hamilton, 30 Conn.App. 68, 71-72, 618 A.2d 1372 (1993), aff'd, 228 Conn. 234, 636 A.2d 760 (1994).

The jury has the opportunity to observe the conduct, demeanor and attitude of the witnesses and to gauge their credibility. State v. Stepney, 191 Conn. 233, 255, 464 A.2d 758 (1983), cert. denied, 465 U.S. 1084, 104 S.Ct. 1455, 79 L.Ed.2d 772 (1984). Jurors are not expected to lay aside matters of common knowledge or their own observations and experiences, but rather, to apply them to the facts as presented to arrive at an intelligent and correct conclusion. State v. Cintron, 39 Conn.App. 110, 119, 665 A.2d 95 (1995).

A

The defendant first argues that the evidence was insufficient to convict him of attempted murder because the jury could not reasonably have concluded that the defendant shot at O'Brien and that he did so with the specific intent to cause O'Brien's death. We disagree.

O'Brien testified that the defendant had a gun that he was shooting at O'Brien and Demond Braswell as they fled. O'Brien's testimony also confirmed that the first bullet to hit him came from the hallway where he had observed the defendant. Intent to cause the death of a person is an element of the crime and must be proved beyond a reasonable doubt. State v. Mejia, 233 Conn. 215, 224, 658 A.2d 571 (1995). Intent may, however, be inferred from conduct; State v. Greenfield, 228 Conn. 62, 77, 634 A.2d 879 (1993); and from the cumulative effect of the circumstantial evidence and the rational inferences drawn therefrom. State v. Raguseo, 225 Conn. 114, 119, 622 A.2d 519 (1993).

From the evidence presented, the jury could reasonably have inferred, under the particular circumstances, that the defendant and Bagley had set up an ambush and fired their guns both at the scene and while they pursued the fleeing victims, and that the defendant intended to kill O'Brien. The jury was free to infer that intent from the cumulative effect of all the circumstantial evidence. In considering the evidence introduced in this case, the jury was not " 'required to leave common sense at the courtroom door.' " State v. Patterson, 35 Conn.App. 405, 414, 646 A.2d 258, cert. denied, 231 Conn. 930, 649 A.2d 254 (1994). The jury was free to infer that the defendant and Bagley purposefully armed and positioned themselves, firing simultaneously at the same victims, with the intent to kill O'Brien. See State v. Diaz, 237 Conn. 518, 542, 679 A.2d 902 (1996).

B

The defendant claims that the evidence was insufficient to convict him of conspiracy to commit murder. "To prove the crime of conspiracy, in violation of § 53a-48, the state must establish beyond a reasonable doubt that an agreement existed between two or more persons to engage in conduct constituting a crime and that subsequent to the agreement one of the conspirators performed an overt act in furtherance of the conspiracy. State v. Rouleau, 204 Conn. 240, 258, 528 A.2d 343 (1987); State v. Estrada, 28 Conn.App. 416, 420, 612 A.2d 110, cert. denied, 223 Conn. 925, 614 A.2d 828 (1992). The state is also obligated to prove that the accused intended the conduct constituting a crime be performed. State v. Rouleau, supra; State v. Channer, 28 Conn.App. 161, 168, 612 A.2d 95, cert. denied, 223 Conn. 921, 614 A.2d 826 (1992)." State v. Hooks, 30 Conn.App. 232, 241-42, 619 A.2d 1151, cert. denied, 225 Conn. 915, 623 A.2d 1025 (1993).

It is the defendant's claim that the state did not prove the existence of an agreement, thereby failing to prove a necessary element of the crime of conspiracy to commit murder. The existence of a formal agreement between the parties need not be proved. It is sufficient to show that they are knowingly engaged in a mutual plan to do a forbidden act. State v. Lewis, 220 Conn. 602, 607, 600 A.2d 1330 (1991). Because of the secret nature of a conspiracy, a conviction is usually based on circumstantial evidence. State v. Goodrum, 39 Conn.App. 526, 537, 665 A.2d 159, cert. denied, 235 Conn. 929, 667 A.2d 554 (1995). The state need not prove that the defendant and a coconspirator shook hands, whispered in each other's ear, signed papers, or used any magic words such as " 'we have an agreement.' " State v. Stellato, 10 Conn.App. 447, 453, 523 A.2d 1345 (1987). A conspiracy can be inferred from the conduct of the accused. State v. Lynch, 21 Conn.App. 386, 400, 574 A.2d 230, cert. denied, 216 Conn. 806, 580 A.2d 63 (1990). If a jury can infer from a defendant's actions that activities were planned in advance in order to facilitate the crime, that knowing participation in the act itself, may be sufficient to allow the jury to infer the conspiracy from that conduct. See State v. Hanks, 39 Conn.App. 333, 343, 665 A.2d 102, ...