Turner v. State
| Decision Date | 17 June 2021 |
| Docket Number | No. 2019-KA-01724-SCT,2019-KA-01724-SCT |
| Court | Mississippi Supreme Court |
| Parties | Brian R. TURNER a/k/a Brian Russell Turner a/k/a Brian Turner, v. STATE of Mississippi. |
ATTORNEYS FOR APPELLANT: ANDREW W. STUART, II, ADAM G. PINKARD, Tupelo
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART, Jackson
EN BANC.
CHAMBERLIN, JUSTICE, FOR THE COURT:
¶1. On September 23, 2019, Brian Turner was found not guilty of one count of aggravated assault upon a law-enforcement officer (Count I) and was convicted of one count of failing to stop a motor vehicle pursuant to the signal of a law-enforcement officer (Count II), two counts of aggravated assault upon a law-enforcement officer (Counts III and IV) and one count of possession of a firearm by a felon (Count V). Turner now appeals his convictions and the circuit court's denial of his Motion for Judgment Notwithstanding the Verdict or, in the Alternative, for New Trial (J.N.O.V. Motion). Finding each of Turner's assignments of error to be without merit, we affirm Turner's convictions and the circuit court's denial of the J.N.O.V. Motion.
FACTS AND PROCEDURAL HISTORY
¶2. On May 3, 2018, Mississippi Highway Patrol Trooper Derek Earnest, along with Officers James Guthery and Randy Cornelison of the Belmont Police Department and Tishomingo County Sheriff's Deputy Jason Moore, established a safety checkpoint in North Belmont, Mississippi. Two of the law-enforcement vehicles had their blue lights illuminated, while Officer Guthery's vehicle was not illuminated. Officer Guthery testified that "[e]verybody that [came] through [the roadblock] stop[ped]." At one point, Trooper Earnest "noticed a vehicle coming northbound that abruptly stopped ..." and "darted into an old parking lot, ... and went the other direction quickly without any regard to traffic that might have been going that direction." Trooper Earnest testified that the vehicle did not use a turn signal and that "there was ... no tag light."
¶3. Deputy Moore testified that the vehicle turning around was unusual because "[m]ost people do not turn around prior to a safety checkpoint." Deputy Moore then followed the vehicle and observed that "[t]he vehicle did not have any tag lights" and that when he ran the plates, "the tag was expired." Deputy Moore, deciding to initiate a traffic stop while following the vehicle, turned on his blue lights. The truck pulled over, and Deputy Moore got out of his vehicle and approached the truck. Immediately after opening his door and stepping out of the vehicle, Deputy Moore observed "the driver ... hollering and yelling and extremely irate." At trial, Deputy Moore identified Turner as the driver of the truck.
¶4. Once Deputy Moore reached Turner, he asked for his license. With Turner still "irate," Deputy Moore requested an additional unit at his location. Deputy Moore asked Turner to exit the vehicle, drew his taser and "told him to turn around and place his hands behind his back" since Deputy Moore intended to "arrest him for disorderly conduct based off of his behavior." Deputy Moore testified that Turner then "said, F this , and he got back in his truck, and we started a short pursuit north toward the cemetery." Deputy Moore also testified that he had reasonable suspicion to believe that Turner committed traffic violations by having no tag lights and an expired tag, and he testified about Turner's disorderly conduct following the traffic stop.
¶5. As the chase reached County Road 35, Turner turned to go across a bridge that was closed. Turner "did a doughnut back to the – back this way and came back at [Moore] in a head-on manner." After Deputy Moore veered to avoid a wreck, Deputy Moore's and Turner's vehicles collided. Deputy Moore forced his driver-side door open and began to approach Turner's truck. Around that time, Officer Guthery arrived, and Deputy Moore heard Officer Guthery giving Turner the following verbal commands: " Deputy Moore then heard gunfire and began "shooting for self-defense."
¶6. Officer Guthery testified that he then approached Turner's vehicle with his flashlight and weapon out. Officer Guthery, after yelling at Turner to get out of the truck, saw a "rifle come up." Officer Guthery "yelled for him to put the gun down," and "[h]e rocked towards [Officer Guthery] with it, and then [Officer Guthery] opened fire." Officer Guthery testified that he fired his duty weapon first. Deputy Moore testified that he was in fear for Officer Guthery's life as well as his own. After running for safety nearby, Deputy Moore observed Turner point and fire a rifle at him, at which point Deputy Moore fired approximately eight more rounds. Turner fled the scene of the shooting in the truck, heading south on County Road 35.
¶7. Investigator Mitchell of the Tishomingo County Sheriff's Office heard the gunfire from his home nearby and arrived at the scene shortly after Turner fled. Once on the scene, Investigator Mitchell found shell casings of different calibers and bullet holes in the Belmont patrol car and damage to Deputy Moore's patrol unit. Investigator Mitchell also took photographs of the vehicles at the scene and measured distances between the vehicles. Officer Rodney Belue from Red Bay, Alabama, who was near the scene, helped investigate. Agent Keith Woodruff of the Mississippi Bureau of Investigation assisted in the investigation as well. Turner was later arrested in Tennessee without incident.
¶9. On January 23, 2019, Turner additionally filed a motion to suppress "any evidence that was allegedly seized, as a result of the mentioned illegal search and seizure and arrest, of Defendant and rule the same inadmissible as to the Defendant ...." The circuit court denied Turner's motion to suppress, recognizing first that Turner never stopped at the roadblock and second that the officers had the ability to pursue a car that makes a U-turn prior to a checkpoint to check licenses, insurance "and other things." The jury ultimately found Turner not guilty on Count I and guilty on Counts II-V. Turner then filed his J.N.O.V. Motion on October 2, 2019. In the J.N.O.V. Motion, Turner argued, among other things, that the circuit court erred by failing to grant a mistrial after the State commented on Turner's failure to call a witness on his behalf. Turner also argued that the verdict was against the overwhelming weight of the evidence, that the circuit court erred by failing to order production of body cameras, that the circuit court erred by permitting the testimony of Agent Woodruff regarding ballistics and firearms and that the circuit court erred by denying Turner's motion to suppress based on the claimed unconstitutional roadblock. On October 8, 2019, the circuit court entered its judgments reflecting the jury's verdicts and denied the J.N.O.V. Motion on October 14, 2019. Turner appeals his convictions and the order denying the J.N.O.V. Motion.
ISSUES ON APPEAL
¶10. Turner raises the following issues on appeal, which we address in turn: (I) whether there was insufficient evidence to support the convictions for Counts III and IV; (II) whether the circuit court erred by allowing the State to present improper lay-opinion evidence; (III) whether the circuit court erred by determining the roadblock was constitutional; (IV) whether the circuit court erred by allowing the district attorney to comment to the jury regarding Turner's decision to not call a witness; (V) whether the circuit court erred by not requiring the State to produce body- and dash-camera footage to Turner; and (VI) whether the circuit court erred by overruling Turner's objection to the district attorney's use of a scaled drawing at trial that was not produced to Turner.
STANDARD OF REVIEW
¶11. "When testing the sufficiency of the evidence, this Court uses a de novo standard of review." Sanford v. State , 247 So. 3d 1242, 1244 (Miss. 2018) (citing Brooks v. State , 203 So. 3d 1134, 1137 (Miss. 2016) ). Thus, "[t]he relevant question is whether ‘any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.’ " Id. (internal quotation marks omitted) (quoting Hearn v. State , 3 So. 3d 722, 740 (Miss. 2008) ). And "[t]he evidence is viewed in the light most favorable to the State." Id. (quoting Henley v. State , 136 So. 3d 413, 415 (Miss. 2014) ).
¶12. Moreover, "[w]hen reviewing a trial court's decision to allow or disallow evidence, ... we apply an abuse of discretion standard." Watts v. Radiator Specialty Co. ...
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