State v. Wilson, 091619 MNCA, A18-1337

Docket Nº:A18-1337
Opinion Judge:PETERSON, JUDGE
Party Name:State of Minnesota, Respondent, v. Deshawn Devontae Lamar Wilson, Appellant.
Attorney:Keith Ellison, Attorney General, St. Paul, Minnesota; and Michael O. Freeman, Hennepin County Attorney, Linda K. Jenny, Assistant County Attorney, Minneapolis, Minnesota (for respondent) Cathryn Middlebrook, Chief Appellate Public Defender, Andrea Barts, Assistant Public Defender, St. Paul, Minne...
Judge Panel:Considered and decided by Smith, Tracy M., Presiding Judge; Schellhas, Judge; and Peterson, Judge.
Case Date:September 16, 2019
Court:Court of Appeals of Minnesota
 
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State of Minnesota, Respondent,

v.

Deshawn Devontae Lamar Wilson, Appellant.

No. A18-1337

Court of Appeals of Minnesota

September 16, 2019

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2018).

Hennepin County District Court File No. 27-CR-17-15087.

Keith Ellison, Attorney General, St. Paul, Minnesota; and Michael O. Freeman, Hennepin County Attorney, Linda K. Jenny, Assistant County Attorney, Minneapolis, Minnesota (for respondent)

Cathryn Middlebrook, Chief Appellate Public Defender, Andrea Barts, Assistant Public Defender, St. Paul, Minnesota (for appellant)

Considered and decided by Smith, Tracy M., Presiding Judge; Schellhas, Judge; and Peterson, Judge.

PETERSON, JUDGE [*]

In this appeal from convictions of aiding and abetting a drive-by shooting and aiding and abetting second-degree assault, appellant Deshawn Devontae Lamar Wilson argues that (1) the district court abused its discretion by admitting evidence of a threatening text message, and (2) the evidence does not support two of his convictions. Wilson also challenges his sentence, arguing that it exaggerates the criminality of his conduct. We affirm.

FACTS

This appeal arises from convictions stemming from a drive-by shooting that occurred in a Minneapolis neighborhood. The events leading up to the shooting began the day before with an altercation that involved Wilson's brother, D.K.

D.K. is the father of S.S.'s children. The day before the shooting, S.S.-who was pregnant at the time-texted her cousin, R.H., that D.K. was choking her, and she needed R.H. to come to her. R.H. drove to S.S.'s house, along with her kids, her sister, and her sister's wife, where she confronted D.K. and "hit him." D.K. called his sister, N.K., to come fight R.H. But before N.K. arrived, R.H. and S.S. left and returned to R.H.'s home.

Around the time R.H. returned home, N.K. arrived at R.H.'s house to fight. Several people showed up for each "side" of the fight, including Se.S. Ultimately, R.H. fought against N.K., and R.H.'s male cousin, P.S., fought against D.K. Wilson was not present for the fights.

The next day, R.H. received text messages from N.K. that N.K. was going to come back to R.H.'s house so they could fight again. S.S. also received a threatening text message from Wilson, which stated that he was going to "pull up to yo sh-t and take all the babies out first." That evening, R.H. noticed N.K. standing on the corner of her block but tried to ignore her. Later, as R.H. and her family were leaving her home to go to the lake, R.H. heard gunshots.

The gunshots were fired from the corner of R.H.'s block. At that moment, several people-including R.H.'s children-were standing in R.H.'s yard and porch area. R.H.'s cousin and S.S. were in a car parked in front of the house. According to R.H., she froze when she heard the gunshots, and she told P.S. to grab her son. P.S. grabbed the child, and after doing so, was shot in the arm. Bullets from the shooting also struck a neighbor's house, narrowly missing the homeowner and her three friends who were sitting on the porch. In total, nine shots were fired. Immediately following the shooting, P.S.'s girlfriend saw a car speed off through a nearby alley.

When police arrived, R.H. identified Wilson as the shooter. According to R.H., she saw Wilson standing on the corner with a gun. Although she had never met Wilson before, she knew it was him because he looked like his brother and S.S. had shown her Wilson's Facebook picture.1

The state charged Wilson with one count of aiding and abetting a drive-by shooting and eleven counts of aiding and abetting second-degree assault, one count for each alleged victim. Before a jury trial began, the state sought to admit the text message that Wilson sent S.S. on the day of the shooting (in which he stated he was going to "take all the babies out first") as inextricably intertwined with the drive-by shooting. Wilson opposed the admission of the message, but the district court found that the message was linked inextricably both in time and circumstances to the charged offense and allowed its admission.

At trial...

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