State v. Lawrence
| Decision Date | 09 June 2006 |
| Docket Number | No. 93,766.,93,766. |
| Citation | 135 P.3d 1211 |
| Parties | STATE of Kansas, Appellee, v. Kelly Jay LAWRENCE, Appellant. |
| Court | Kansas Supreme Court |
Michelle Davis, assistant appellate defender, argued the cause and was on the brief for appellant.
Sean Baker, assistant district attorney, argued the cause, and Jerome A. Gorman, district attorney, and Phill Kline, attorney general, were with him on the brief for appellee.
Kelly Jay Lawrence appeals his convictions for first-degree premeditated murder, aggravated battery, two counts of aggravated assault, and possession of a firearm. He argues the trial court erred in (1) excluding evidence of a prior shooting in which the defendant was the victim and (2) not instructing the jury to deliberate premeditation and imperfect self-defense at the same time. He also appeals from the trial court's imposition of a hard 50 life sentence, arguing the sentencing judge failed to properly consider mitigating evidence and that the sentencing provision is unconstitutional. We reject his arguments and affirm his convictions and sentences.
On December 1, 2001, Willie Adams, Michael Smith, Benjamin Riley, and Dontue Trevillion went to Holt's barbershop in Wyandotte County, Kansas. Ben stayed to get his hair cut while the three others left to get something to eat. As Willie was backing his car out of its parking space, he came close to another car and, according to some witnesses, the loud music in Willie's car set off the other car's alarm. Ravaughn Lawrence and his wife, Mia, claimed that Willie hit and scratched Ravaughn's car. Willie and Ravaughn argued; Ravaughn pushed Willie, and Willie pointed his index finger at Ravaughn's forehead and threatened to beat him up. James Holt came out of the barbershop and broke up the dispute. Michael and Dontue convinced Willie to get back in the car and leave.
Ben saw the altercation through the barbershop window. When Ravaughn came back inside the barbershop, Ben observed him using the telephone and heard him say, "Call Kelly." Ravaughn admitted making a call but denied saying, "Call Kelly."
After getting something to eat, Willie, Michael, and Dontue returned to Holt's barbershop and went inside. Willie and Ravaughn began arguing again and Holt told them to take it outside. When Willie, Michael, and Dontue went outside, Damon Mondaine, whom Willie had called on his cell phone when the first altercation occurred, was there. A few minutes later, a black car pulled up and the defendant, Kelly Lawrence, got out. The defendant is Ravaughn's younger brother. By that time, Willie and Ravaughn were arguing again in a loud and angry manner. Michael tried to convince Willie to leave and Damon tried to calm Willie down. All indicated they were ready to leave and headed to Willie's car when, according to some witnesses, the defendant said, "There ain't nobody going nowhere," and pulled out a gun and started shooting.
As Michael turned to run, he was shot in the stomach; Michael survived. Willie was killed by a gunshot wound that entered his back, damaged his heart and lungs, and exited the front of his body. One bullet came through the barbershop window but did not injure anyone.
Michael, Dontue, and Damon all testified that they did not see anyone in possession of a gun that day other than the defendant. Nor did any of them hear Willie threaten to shoot anyone.
The defendant and his witnesses presented a different view of the events. The defendant admitted shooting the victims but claimed he was acting in defense of himself and others. The defendant testified that, on the day of the shooting, he was riding with his brother Ravaughn's wife, Mia, when they went to the barbershop to take Ravaughn his car keys. Damon Mondaine, whom the defendant knew, called the defendant out of the car. Damon did not know it was the defendant's brother inside the barbershop, and he told the defendant, "[W]hen this dude come out, we gonna fuck this nigger up." The defendant told Damon that "the dude with that car who he pointed at was my brother." Willie was also outside. When the defendant asked Willie to let it go, Willie responded, "[F]uck that nigga."
When Ravaughn came out of the barbershop, he and Willie began arguing. According to the defendant, Willie said, "I'll kill you, nigga," and, "I have something for all of ya'll." The defendant saw Willie go to his car, reach down, and come up with a pistol. At that point, the defendant "turned around, ran and shot." After shooting at Willie, the defendant saw Michael running towards him with a handgun. Michael fired a few shots at the defendant, and the defendant fired back once.
The defendant testified that Willie had a reputation for fighting and for carrying a firearm. The defendant was scared and believed that he, his brother, and his brother's wife were all at risk. The defendant explained he carried a gun because he had been shot and nearly died 5 months earlier and, although the man who shot the defendant was in jail, other people had been trying to convince the defendant not to testify. The defendant testified that he was not called to the barbershop or told to bring a firearm.
Ravaughn and Mia also testified on behalf of the defendant and generally corroborated his version of events. Ravaughn, Mia, and a third defense witness, David Hill, all testified that Willie had threatened to "pop" or shoot Ravaughn during the altercation about the scratched car.
After the shooting, police officers processed Willie's car, the barbershop, and the scene. They recovered no guns or ammunition. They did find four 9 mm caliber shell casings which had been fired from the same gun. Willie Adams' fatal gunshot wound was consistent with his having been shot by a 9 mm. A bullet hole found in Ravaughn's car and a bullet fragment recovered at the scene were consistent with a 9 mm caliber but could also have been from a higher caliber weapon.
A jury convicted the defendant of first-degree premeditated murder, aggravated battery, two counts of aggravated assault, and possession of a firearm. The trial court sentenced the defendant to a hard 50 life sentence for the murder conviction with all other sentences running concurrently. The district court granted the defendant's request to file a notice of appeal out of time. This court's jurisdiction is pursuant to K.S.A. 22-3601(b)(1) (off-grid crime).
The defendant's first argument on appeal is that the trial court violated his constitutional right to present his theory of defense by limiting the introduction of evidence regarding the prior shooting in which the defendant was the victim. The defendant contends that he wished to present this evidence to establish his subjective state of mind and to show that he had an honest, if unreasonable, belief that the circumstances justified deadly force. Under this imperfect self-defense theory, the defendant would have been guilty of voluntary manslaughter under K.S.A. 21-3403(b).
Under the state and federal constitutions, a defendant is entitled to present his or her theory of defense. State v. Lackey, 280 Kan. 190, 216, 120 P.3d 332 (2005). Lackey, 280 Kan. at 216, 120 P.3d 332. Thus, a defendant's fundamental right to a fair trial is violated only when the trial court excludes relevant, admissible, and noncumulative evidence that is an integral part of the defense theory. State v. Patton, 280 Kan. 146, 156, 120 P.3d 760 (2005).
The evidence regarding the prior shooting was first discussed by the attorneys and the trial court after jury selection. The State noted that defense counsel "mentioned during voir dire that the defendant had been shot before" and requested that evidence about the shooting be limited. Defense counsel explained that, 5 months before the charged incident, the defendant had been struck by a stray bullet when the shooter, Damon Mondaine's roommate, was involved in a confrontation with police. The trial court ruled that evidence of the prior shooting would be admissible as relevant to the defendant's state of mind or "why he was the way he was on the date in question without any more details." The court explained, "You can get into the fact that he was shot, but you cannot intimate that these folks were the ones that shot him."
Consistent with this ruling, evidence regarding the shooting was admitted. Defense counsel asked Damon Mondaine whether he knew that the defendant had been shot several months earlier, and Damon responded, "Yes." Defense counsel also asked Detective Zeigler whether he had investigated a shooting where the defendant was the victim, and the detective responded, "Yes." The State then objected to any further questions about the prior shooting, and the trial court sustained the objection. Defense counsel made no complaint and did not indicate that she wished to ask the detective any further questions about the shooting. During redirect and recross-examination, counsel clarified with the detective that the prior shooting was charged as an aggravated battery rather than an attempted homicide and that the detective was aware that the defendant had been shot during the incident. Also, the defendant's brother Ravaughn testified about the prior shooting of the defendant and the extent of the defendant's injuries, stating that the defendant had been "in real bad shape" after "[t]he bullet went through his arm, both his lungs and his esophagus and pierced his heart."
Additionally, the defendant himself testified about the prior shooting, explaining that he carried a gun after the shooting and that is why he had a gun at the barbershop. The trial court did not limit the defendant's testimony regarding the prior shooting. Despite there being no limitation on...
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