State v. Williams
| Decision Date | 16 October 1987 |
| Docket Number | No. 86-1049,86-1049 |
| Citation | 413 N.W.2d 907,226 Neb. 647 |
| Parties | STATE of Nebraska, Appellee, v. Ronald E. WILLIAMS, Appellant. |
| Court | Nebraska Supreme Court |
Syllabus by the Court
1. Directed Verdict: Convictions. A trial court is justified in directing a verdict of not guilty only where there is a total failure of competent proof to support a material allegation in the information, or where the testimony is of so weak or doubtful a character that a conviction based thereon cannot be sustained.
2. Convictions: Appeal and Error. In determining whether the evidence is sufficient to sustain a conviction, it is not the province of this court to resolve conflicts in the evidence, pass on the credibility of witnesses, determine the plausibility of the explanations, or weigh the evidence. Such matters are for the trier of fact, and the conviction must be sustained if, taking the view of the evidence most favorable to the State, there is sufficient evidence to support the conviction.
3. Homicide: Intent. A person commits murder in the second degree if he causes the death of a person intentionally, but without premeditation.
4. Homicide: Intent. The state of mind required for second degree murder may be inferred from the evidence of the criminal act.
Thomas M. Kenney, Douglas County Public Defender, and Timothy P. Burns, Omaha, for appellant.
Robert M. Spire, Atty. Gen., and Lisa Martin-Price, Lincoln, for appellee.
The defendant, Ronald E. Williams, was charged with first degree murder and use of a firearm in the shooting death of Eric W. Holmes. Following a jury trial the defendant was found guilty of second degree murder and use of a firearm to commit a felony. He was sentenced to 20 years' imprisonment on the murder count and 3 years' (consecutive) imprisonment on the firearm charge.
On appeal the defendant's sole assignment of error is that the evidence was insufficient to sustain the conviction and that, therefore, the trial court erred in not sustaining his motions for a directed verdict and to dismiss the case. He argues that under the facts of this case it is clear as a matter of law that he was acting in self-defense and therefore the shooting was justified.
A trial court is justified in directing a verdict of not guilty only where there is a total failure of competent proof to support a material allegation in the information, or where the testimony is of so weak or doubtful a character that a conviction based thereon cannot be sustained. State v. Dwyer, 226 Neb. 340, 411 N.W.2d 341 (1987); State v. Meints, 225 Neb. 335, 405 N.W.2d 15 (1987); State v. Donnelson, 225 Neb. 41, 402 N.W.2d 302 (1987).
In determining whether the evidence is sufficient to sustain a conviction, it is not the province of this court to resolve conflicts in the evidence, pass on the credibility of witnesses, determine the plausibility of the explanations, or weigh the evidence. Such matters are for the trier of fact, and the conviction must be sustained if, taking the view of the evidence most favorable to the State, there is sufficient evidence to support the conviction. State v. Moore, 226 Neb. 347, 411 N.W.2d 345 (1987); State v. Jacobs, 226 Neb. 184, 410 N.W.2d 468 (1987); State v. Schreck, 226 Neb. 172, 409 N.W.2d 624 (1987); State v. Nesbitt, 226 Neb. 32, 409 N.W.2d 314 (1987).
Neb.Rev.Stat. § 28-304 (Reissue 1985) provides in part that "[a] person commits murder in the second degree if he causes the death of a person intentionally, but without premeditation." The state of mind required for second degree murder may be inferred from the evidence of the criminal act. State v. Moniz, 224 Neb. 198, 397 N.W.2d 37 (1986); State v. Rowe, 214 Neb. 685, 335 N.W.2d 309 (1983).
The record shows that on April 12, 1986, the victim, Eric Holmes, was living at Tim Agee's home at 4945 Manderson Street in Omaha, Nebraska. That evening a group of friends gathered at Agee's home for a get-together. Those at the party were Agee, Timothy Prince, Kelly Tibbs, Holmes, and Holmes' girlfriend, Michelle Tibbs. By around 11:30 p.m. everyone had left the house except for Holmes and Michelle.
Holmes and Michelle began to argue over possession of a blanket. Holmes told Michelle to get out and walk home, which she began to do. As she walked east up Manderson Street, she heard Holmes walking behind her. He caught up with her, and they again began to argue. Holmes grabbed her and tried to pull her back toward his house, but she pulled the other way. Holmes pushed her to the ground near a tree in front of the Roy Tipler home at 4828 Manderson Street and sat on top of her. Michelle began to cry and told Holmes to get off.
John Hudson and his mother, Linda Johnson, lived next door to Tipler. Hudson was hosting a birthday party for his girlfriend, Barbara Lawson, which the defendant, Ronald Williams, was attending. Hudson became aware of the altercation outside between Holmes and Michelle after several people complained to him. Hudson went outside and heard a woman gagging. He walked up the sidewalk to the tree and saw Holmes on top of Michelle. He told Holmes the police were coming and to get up and leave. Holmes did not get up, but remained on top of Michelle for approximately 3 more minutes. By this time other people had come outside to see what was happening. Holmes got off Michelle and stood up. Holmes and Michelle then walked east toward the Hudson home. By this time the defendant was also outside and heard Hudson and another man, Antonio Alexander, telling Holmes to leave. The defendant also heard Hudson's mother, Linda Johnson, tell Holmes to leave. Holmes replied to Johnson, "Fuck this shit, I'm not going anywhere, ain't nobody going to make me." Johnson told Holmes he had done enough already, to which he replied that "he ain't done nothing yet."
The defendant then stepped in and told Holmes to leave. Holmes and the defendant began arguing back and forth. The...
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State v. Williams
...on the firearm charge, the sentences to run consecutively. This court detailed the facts surrounding Holmes' death in State v. Williams, 226 Neb. 647, 413 N.W.2d 907 (1987), and held that the State presented sufficient evidence to support the conviction. On July 12, 1988, Williams, acting p......
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State v. Myers
...State v. Franklin, 241 Neb. 579, 489 N.W.2d 552 (1992); State v. Dean, 237 Neb. 65, 464 N.W.2d 782 (1991). But see State v. Williams, 226 Neb. 647, 413 N.W.2d 907 (1987), cert. denied 506 U.S. 891, 113 S.Ct. 260, 121 L.Ed.2d 191 (1992) (omitting mention of malice as element of second degree......
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State v. Keithley
...309 (1983). Malice and intent may be inferred from the evidence relating to the circumstances of the criminal act. State v. Williams, 226 Neb. 647, 413 N.W.2d 907 (1987); State v. Moniz, supra; State v. Rowe, Although Mrs. Keithley's testimony at trial varied as to the events occurring in 1......
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State v. Charron
...the view of the evidence most favorable to the State, there is sufficient evidence to support the conviction. State v. Williams, 226 Neb. p. 647, 648, 413 N.W.2d 907, 908 (1987); State v. Duff, 226 Neb. p. 567, 412 N.W.2d 843 (1987); State v. Moore, 226 Neb. p. 347, 411 N.W.2d 345 (1987); S......