State v. Reid

• Decision Date: 06 August 2014
• Docket Number: No. 27407.,27407.
• Citation: 408 S.C. 461,758 S.E.2d 904
• Court: South Carolina Supreme Court
• Parties: The STATE, Respondent, v. Donta REID, Appellant. Appellate Case No. 2011–204288.

408 S.C. 461

758 S.E.2d 904

The STATE, Respondent,

v. Donta REID, Appellant.Appellate Case No. 2011–204288.

No. 27407.

Supreme Court of South Carolina.

Heard Dec. 5, 2013.

Decided July 2, 2014.

Rehearing Denied Aug. 6, 2014.

Appellate Defender Kathrine H. Hudgins, of Columbia, for Appellant.

Attorney General Alan M. Wilson, Assistant Attorney General Mark R. Farthing, and Assistant Attorney General Jennifer E. Roberts, all of Columbia, for Respondent.

Deputy Public Defender Christopher D. Scalzo, of Greenville, for Amicus Curiae, South Carolina Public Defender Association.

Justice HEARN.

In this criminal appeal, Donta Reid challenges the trial court's failure to suppress his confession, arguing it was obtained in violation of his Sixth Amendment right to counsel. We disagree and find the facts of Reid's case fall within the purview of Montejo v. Louisiana, 556 U.S. 778, 129 S.Ct. 2079, 173 L.Ed.2d 955 (2009), in which the United States Supreme Court held a valid Miranda¹ given waiver prior to a custodial interrogation sufficed to waive a defendant's Sixth Amendment right to counsel regardless of whether he retained representation at a prior arraignment. Id. at 795, 129 S.Ct. 2079. Reid further contends the trial court erred in failing to grant a directed verdict of acquittal on the charges for possession of a firearm during the commission of a violent crime because the State failed to prove he actually or constructively possessed a firearm. We find those charges were properly submitted to the jury and therefore affirm his convictions.

FACTUAL/PROCEDURAL BACKGROUND

On the evening of October 1, 2009, Maurice Jackson, Tyrone King, and Kenny Cunningham, the victims, were sitting on Jackson's front porch when Jackson received a text from Reid inquiring about buying marijuana. When Jackson informed Reid he did not have any marijuana, Reid said he would stop by Jackson's house regardless. Upon arriving, Reid invited Jackson to accompany him to “midtown,” stating he had located some marijuana. Jackson declined because he could not leave his company on his porch. Reid asked to use Jackson's cell phone and during the course of his conversation Jackson and Cunningham overheard him say “There's two” or “It's two of them.” Reid indicated he would come back and left, but he never returned.

Jackson and his companions remained on the porch and roughly fifteen to thirty minutes later a man and a woman approached the porch, neither of whom the victims recognized. The woman ran up the steps and announced that it was a robbery. The man, who wore a mask, pulled a rifle from his pants, echoed the woman's pronouncement that this was a robbery, and threatened to shoot if any of them moved.

The woman went through the victims' pockets and collected the contents. The man and woman started to leave, but the man turned around and began shooting at the victims. Cunningham was struck through his left leg and between his toes. King was shot in the head and later died from the wounds.

After interviewing the victims, the police investigation focused on Reid, and the day after the robbery, detectives questioned him about the incident. Reid informed law enforcementthat he stopped by Jackson's house to use Jackson's phone to call a female friend, who he then went to visit. Reid agreed to accompany the detectives to this friend's apartment so she could corroborate his story; however, once they arrived at the address Reid gave them, he indicated the detectives needed to question a different woman. That woman's mother denied that Reid had been there the night before.

Thereafter, Reid was handcuffed and taken to the police station where he was read his Miranda rights, which he waived. Over the next few days, Reid made four different statements to law enforcement. Reid gave the first statement at 1:45 p.m. indicating a man named Darius Jeter acted alone in the robbery and was both the shooter and instigator. Reid admitted he assisted Jeter by reconnoitering Jackson's porch prior to the robbery. He also stated he did not witness the robbery, but heard the shots. Reid was then taken to a jail cell in the police department.

A few hours later Reid asked to speak with the detectives again to provide additional information. Prior to the interview, Reid was Mirandized again and after waiving his rights he gave a second statement at 4:10 p.m. In this statement, he maintained Jeter was the lone robber and shooter; however, this time Reid described witnessing the events of the robbery, although he still stated he only heard the shots as he walked away and did not see the gunfire.

Prior to midnight that same day, detectives approached Reid again for questioning. After waiving his Miranda rights, Reid made another statement, this time indicating a female—Samantha Ervin—was also involved in the robbery. Reid still maintained Jeter was the shooter but now stated Ervin helped plan the robbery and drove the three of them to Jackson's house. He also indicated Ervin accompanied Jeter to Jackson's house while he waited in her truck for them. Reid stated after he heard gunfire, Jeter and Ervin ran back to Ervin's truck, and Jeter said he thought he shot one of them.

During his arraignment the following day, Reid filed a request for counsel and a supporting affidavit of indigency. He was approved for appointment of counsel that day. Over the course of the next few days, law enforcement interviewed Ervin and she eventually disclosed that in addition to herself and Reid, Davontay Henson and Aileen Newman were also involved in the crimes. Based on this information, Henson and Newman were both arrested. Thereafter, detectives questioned Reid on October 6 at 9:40 a.m., informing him they knew he had not been truthful in his prior statements. Although Reid had not yet met with his appointed counsel, he again waived his Miranda rights and gave a fourth statement.

In his fourth statement, Reid stated he was with Henson and Newman at Ervin's house earlier in the evening on October 1 when Henson pulled out a rifle and said he wanted to rob someone. Ervin asked if Reid would assist in robbing Jackson and he assented. Reid then walked over to Jackson's home and called Ervin to inform her there were two other people at Jackson's house. After Reid left Jackson's home, he met up with Henson, Ervin, and Newman, who had all been riding around in Ervin's truck. Reid informed them there were three people on the porch and he could not convince Jackson to leave with him. Henson then stated he would just rob all three of them. Reid and Ervin waited in Ervin's truck while Henson and Newman walked to Jackson's home. Reid heard gunshots and shortly thereafter, Henson and Newman returned to the truck. Henson then threatened to “come back and get” anyone who disclosed the events of the evening.

Based on law enforcement's investigations, Reid, Henson, Newman, and Ervin were subsequently charged with murder, assault and battery with intent to kill (ABWIK), criminal conspiracy, armed robbery, and possession of a firearm during the commission of a violent crime. Ervin and Newman both pled guilty, but Henson and Reid proceeded to a joint trial.²

Prior to trial, Reid moved to suppress his fourth statement to the police on the grounds it was obtained in violation of his Sixth Amendment right to counsel. During the Jackson v. Denno³ hearing, Reid argued he requested and was appointed counsel at his arraignment on October 3, and therefore, it was a violation of his constitutional rights for police to question him on October 6 without his attorney present. The State contended Reid's argument was no longer viable because Montejo held a valid Miranda waiver prior to a custodial interrogation is not rendered constitutionally inadequate simply because the defendant was appointed counsel at a prior arraignment. The trial court denied the motion to suppress and the case proceeded to trial.

At trial, Cunningham and Jackson both testified about their encounter with Reid prior to the incident and indicated he was not one of the perpetrators present during the robbery. Additionally, Newman and Ervin testified about the particulars of the plan to rob Jackson and how it was executed. They described Reid's participation in scouting out the porch and his attempt to lure Jackson away from the home. They also indicated Reid knew Henson had a rifle he planned to employ, but Reid himself did not take part in the commission of the robbery.

Ultimately, the jury found Reid not guilty of murder, but guilty of assault and battery of a high and aggravated nature, three counts of armed robbery, three counts of possessing a firearm during the commission of a violent crime, and criminal conspiracy. Reid appealed, and the Court certified the case pursuant to Rule 204(b), SCACR.

ISSUES PRESENTED

I. Did the trial court err in allowing the introduction of Reid's fourth statement to law enforcement?

II. Did the trial court err in failing to grant a directed verdict in favor of Reid on the three charges of possession of a firearm during the commission of a violent crime?

LAW/ANALYSIS

I. SIXTH AMENDMENT RIGHT TO COUNSEL

Reid argues the trial court erred in failing to suppress his fourth statement because the police obtained it in violation of his Sixth Amendment right to counsel. We disagree.

The Sixth Amendment to the United States Constitution guarantees that “[i]n all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defence.” U.S. Const. amend. IV.⁴ “[O]nce the adversary judicial process has been initiated, the Sixth Amendment guarantees a defendant the right to have counsel present at all ‘critical’ stages of the criminal proceedings.” Montejo, 556 U.S. at 786, 129 S.Ct. 2079. This right to counsel may be waived by a defendant provided relinquishment of the right is voluntary, knowing, and intelligent. Id. However, the decision to waive counsel need not itself be...