Turner v. State
| Decision Date | 17 March 2020 |
| Docket Number | NO. 2018-KA-00131-COA,2018-KA-00131-COA |
| Parties | Donald TURNER a/k/a Darnell Turner a/k/a Slick, Appellant v. STATE of Mississippi, Appellee |
| Court | Mississippi Court of Appeals |
ATTORNEYS FOR APPELLANT: DENNIS C. SWEET III, Jackson, DENNIS C. SWEET IV, TERRIS CATON HARRIS, Jackson, DONALD TURNER (PRO SE)
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: BARBARA WAKELAND BYRD, Jackson
BEFORE BARNES, C.J., GREENLEE AND LAWRENCE, JJ.
GREENLEE, J., FOR THE COURT:
¶1. In the late night and early morning of July 12-13, 2014, Donald "Darnell" Turner and Kimberly Anderson, with whom he shares a child, had an altercation after Turner left a nightclub with his girlfriend, Elizabeth Stevenson, and Anderson followed Turner and Stevenson in a separate vehicle to a restaurant. Following an indictment and jury trial, Turner was convicted in the Hinds County Circuit Court of aggravated assault with a weapon, aggravated domestic assault, and shooting into Anderson’s vehicle. On appeal, Turner presents numerous (nine) alleged errors. Finding reversible error on issues I, II, and III, as set out in the discussion section below, we reverse and remand the case for a new trial.
¶2. The testimony and evidence at trial showed that Turner met Anderson in late 2011 or early 2012. It also reflected that Turner met Stevenson in 2012. According to Anderson, her relationship with Turner was "casual," but she became pregnant with Turner’s child one year after they met. According to Stevenson, she had been dating Turner since they met in 2012. Stevenson and Turner were dating at the time of the trial.
¶3. On Thursday, July 12, 2014, Turner and Stevenson went to dinner and then to a local nightclub called "Freelon’s" in downtown Jackson. Anderson, on her own accord, also went to Freelon’s that night. The record showed that both parties frequented Freelon’s. After spending three hours there, Turner and Stevenson left to get late-night food at the Dairy Bar restaurant.
¶4. Anderson, who saw Turner leaving Freelon’s, also left the club to follow Turner in her vehicle. When Turner noticed that Anderson was trailing his vehicle, he sent a text message to Anderson telling her, "Go home." Anderson responded, "Okay," to the text message, but she continued to follow Turner’s vehicle. The events that transpired after the parties arrived at the Dairy Bar were disputed at trial and subject to conflicting eyewitness testimony. We will discuss them below.
¶5. In April 2016, Turner was indicted for one count of aggravated assault (Count I), one count of aggravated domestic violence (Count II), and one count of shooting into an occupied vehicle (Count III). Count I alleged that Turner "willfully, unlawfully and feloniously attempt[ed] to cause serious bodily injury to Kimberly Anderson with a deadly weapon, to wit: a pistol, by firing the pistol in her direction." Count II alleged that Turner "unlawfully, knowingly, feloniously and intentionally strangle[d] or attempt[ed] to strangle Kimberly Anderson, a human being, who has a former dating relationship with the defendant or at a time when Kimberly Anderson had a biological child with the defendant." Count III alleged that Turner "unlawfully, knowingly, feloniously and intentionally sh[o]t a firearm at or into a motor vehicle occupied by Kimberly Anderson." Five-year firearm enhancements were also extended to Counts I and III.
¶6. The case was tried before a Hinds County Circuit Court jury on September 5-6, 2017. At trial, the State presented five witnesses. The defense presented one witness. Turner did not testify in his own defense. The State’s first witness was Officer Chris Gallion of the Jackson Police Department.
¶7. In the evening of July 13, 2014, Officer Gallion responded to a call directing him to Central Mississippi Medical Center (CMMC) in reference to an alleged assault that occurred the previous night. At the hospital, Officer Gallion spoke with Anderson, the victim. There, Anderson named her former companion, Turner, as the assailant who allegedly assaulted her near the Dairy Bar parking lot and had fired a handgun at her vehicle. Officer Gallion testified that he noticed Anderson’s bodily injuries, including a swollen and "bloodshot" left eye and bruising to her right shoulder and hip. Before leaving the hospital, Officer Gallion took Anderson’s statement and completed an incident report. In his report, Officer Gallion accused Turner of "domestic violence, aggravated assault." Officer Gallion then turned the case over to Detective Kevin McNeal, the State’s second witness.
¶8. Detective McNeal interviewed Anderson five days later on July 18, 2014. He testified that he saw Anderson in "physical turmoil" with "bruises and scars and scratches" on her body. During the interview, Detective McNeal presented Anderson with a six-man photo lineup so that she could pick out her attacker. Anderson circled Turner’s picture and wrote on the bottom of the photo lineup, "He jumped on me[,] shot at my car[,] held me over the bridge on Hill and Valley Street[,] choked me and drove me home[,] and was hitting me in my face while driving." After the interview, a bench warrant was issued for Turner’s arrest. Turner was brought into custody on August 12, 2014.
¶9. The State’s third witness was Anderson. The bulk of Anderson’s testimony concerned her account of the events on the night in question. Anderson testified that she saw Turner at Freelon’s on July 12, 2014. According to Anderson, Turner "motioned" for her to leave Freelon’s at the same time he was leaving the nightclub. Anderson left the nightclub and proceeded to follow Turner in her own vehicle. She followed Turner for some time before she received the text message from Turner instructing her to "Go home." Anderson testified that she replied, "Okay," to Turner’s text message but disregarded the text message and continued to trail his vehicle. When questioned on direct examination why she continued to follow Turner, Anderson explained that "[she] wanted to know what was ... different about [that night]."
¶10. Eventually, Turner pulled into the parking lot of the Dairy Bar restaurant followed by Anderson. According to Anderson, Turner parked his truck, exited his vehicle, and started walking toward her vehicle. Anderson testified that Turner opened her vehicle door and started hitting her with his fists, telling her to "go home." At some point, Anderson managed to get away from Turner’s grasp, but she stated that she could not leave the parking lot because Turner’s vehicle was blocking the exit.
¶11. Anderson thereafter heard a female voice coming from the passenger window of Turner’s vehicle say, "You must be Emma’s mom."1 Anderson stated that this was the first time that she noticed Stevenson was with Turner. Anderson testified that Turner fired a gun pointed toward her vehicle and that Turner grabbed her again. According to Anderson, Turner progressed to verbally threaten and choke her while holding her body over a nearby ditch. When Turner let go, Anderson fell to the ground. Turner and Stevenson then drove off.
¶12. A man2 then approached Anderson and asked if she needed help. She asked the man to retrieve her cellphone from her vehicle. The man walked to her car, but Turner returned and asked the man what he was doing. Anderson claimed that the man tried to explain to Turner that he was getting Anderson’s cellphone, but then Turner, without explanation, starting hitting the man.
¶13. After the second assault, Anderson testified that Turner put her in the back of her vehicle and ordered Stevenson to follow them in his vehicle. During the drive, Turner allegedly continued to hit Anderson. When asked about a particular scratch on her chin, Anderson claimed that Turner had hit her "with the butt of [his] gun." Turner and Anderson arrived outside Anderson’s family home in the early morning hours of July 13, 2014. Anderson testified that Turner dropped her off outside her home and left her in her vehicle.
¶14. After Turner left, a neighbor who was passing by Anderson’s home saw Anderson’s vehicle door ajar and asked if she was okay. Anderson told her neighbor to "[g]o ring the doorbell" to get her father, and he did. Anderson’s father, Sherman Anderson, appeared at the door and took Anderson inside.
¶15. Sherman was the State’s fourth witness. He testified that he saw his neighbor and his daughter standing at the front door. His neighbor exclaimed that Turner had "beat" Anderson. Inside their home, Anderson explained to her father and mother that she was sore and upset because of Turner’s actions. Sherman then attempted to reach Turner by phone, but Turner did not answer. Later that night, Anderson’s mother drove Anderson to the hospital, where she was treated for her injuries. When Anderson and her mother returned home from the hospital, Sherman testified that Anderson reiterated Turner had beaten her up and choked her.
¶16. Finally, the State called Nurse Shalotta Sharp, who was presented as the State’s expert witness and admitted as an expert in the field of domestic violence. She testified about Anderson’s medical records and whether the records were consistent with domestic violence and strangulation.
After Nurse Sharp’s testimony, the State rested.
¶17. Before defense counsel called its first witness, Turner moved for a directed verdict. Turner also moved for a mistrial based on a comment made by the State claiming that Turner had confessed to the crime via text message to Anderson. The court denied both motions.
¶18. In his case-in-chief, Turner called Stevenson as his sole witness, and he did not testify in his own defense. According to Stevenson, she and Turner went to dinner and then to Freelon’s on the night of July 12, 2014. After three hours, she and Turner left Freelon’s to get something to eat at the Dairy Bar. Stevenson testified...
To continue reading
Request your trial
-
Pitts v. State
...... . . STANDARD. OF REVIEW . . . ¶22. We will reverse the trial court's denial of a motion for. a new trial only if the trial court abused its discretion by. doing so. Turner v. State , 291 So.3d 376, 384. (¶22) (Miss. Ct. App. 2020). Our role as an appellate. court is to "view the evidence in the light most. favorable to the verdict and disturb the verdict only when it. is so contrary to the overwhelming weight of. . 8 . . ......
-
Stuart v. St. Dominic-Jackson Mem'l Hosp.
...of medical records in light of his experience, training, and expertise as a qualified physician in his field of medicine." Turner v. State , 292 So. 3d 1006, 1023 (¶46) (Miss. Ct. App. 2020) (internal quotation mark omitted). "Unlike an ordinary witness[,] an expert is permitted wide latitu......
-
Mohamed v. State
...discovery violation, we recognize that "[a] defendant has a constitutional right to call witnesses in his or her favor." Turner v. State , 292 So. 3d 1006, 1020 (¶39) (Miss. Ct. App. 2020) ; see U.S. Const. amend. VI ; Miss. Const. art. 3, § 26. "However, a defendant also must meet certain ......
-
Mohamed v. State
...violation, we recognize that "[a] defendant has a constitutional right to call witnesses in his or her favor." Turner v. State, 292 So. 3d 1006, 1020 (¶39) (Miss. Ct. App. 2020); see U.S. Const. amend. VI; Miss. Const. art. 3, § 26. "However, a defendant also must meet certain discovery req......