Williams v. Rapelje
| Decision Date | 13 January 2014 |
| Docket Number | Case No. 11-cv-12876 |
| Parties | ANTONIO WILLIAMS, Petitioner, v. LLOYD RAPELJE, Respondent. |
| Court | U.S. District Court — Eastern District of Michigan |
HONORABLE STEPHEN J. MURPHY, III
This is a petition for a writ of habeas corpus. Antonio Lamont Williams, proceeding pro se, is presently confined at the Richard A. Handlon Correctional Facility in Ionia, Michigan and challenges his conviction for first-degree premeditated murder, Mich. Comp. Laws 750.316(1)(a); conspiracy to commit first-degree murder, MCL 750.157a; MCL 750.316(1)(a); unlawful imprisonment, MCL 750.349b; assault with intent to do great bodily harm less than murder, MCL 750.84; and possession of a firearm during the commission of a felony, MCL 750.227b. Having reviewed the record, the Court finds that Williams has failed to establish a right to habeas relief, and will deny the petition.
Williams was convicted of the above charges following a jury trial in the Washtenaw County Circuit Court.
On the morning of March 16, 2008, Dominique Young knocked on the front door of Williams's apartment intending to purchase marijuana. Williams refused to sell to her, due to a previous act of disrespect. As she turned to leave, Young told Williams that his apartment was "not the only weed house around here." Transcript, Jan. 27, 2009, 62-64,ECF No. 9-6. Williams grabbed Young by both shoulders and pulled her into the apartment. Id. at 65, 66, 114, 290. Young fought as Williams dragged her into the apartment and once inside, Williams pulled Young's coat and hoodie off of her, id. at 70, 115, grabbed her by the front of her neck, threw her over the arm of the couch, and then held her down by her neck as she struggled to breathe. Id. at 65-67, 115-16. Williams then slammed the front door shut and locked it. Id. at 67. After he locked the door, Williams yelled to his girlfriend, Tammy Loomis, to "whoop that bitch ass." Loomis ran toward Young, and as the two women began fighting, Williams stood laughing and guarding the door to prevent Young from escaping. Id. at 68-70, 117, 291. Young recalled an older man in the kitchen "washing the dishes like nothing was going on." Id. at 70, 119. Leonard Thomas, the man washing the dishes, decided he did not want to get involved. Id. at 192-94. Young could not recall the number of attempts she made to escape — "The whole time I was there I was trying to get out." Id. at 73.
Young escaped though the back door and ran to Taquwesha Johnson's apartment. Id. at 80, 126, 127. Myiesha Davis lived with Johnson at the time. Transcript, Jan. 29, 2009, 15, ECF No. 9-8. From an upstairs window, Johnson and Young's cousin, James Harris, asked what was wrong. Jan. 27 Tr. at 81, 126. Davis testified that Young had no shirt on, her bra was half-way ripped off, and she had scratches all over her face. Jan. 29 Tr. at 16. Williams, who had followed Young, stood behind her, listening as Young explained that Williams had held her captive, and how his girlfriend had attacked her. Jan. 27 Tr. at 81; Jan. 29 Tr. at 17, 63-64. Williams gestured as if he did not know what Young was talking about. Id. at 81; Jan. 29 Tr. at 17. While her friends ran downstairs to open the door for Young, Young told Williams that she would call the police and take them to his house. Id.at 81-82. As he walked away, Williams threatened Young with "extra trouble" if she did. Id. at 82. Harris went to get his brother, Jeremiah. Jan. 29 Tr. at 64.
Young walked with Johnson to Williams's home to get her things. Jan. 27 Tr. at 82, 128; Jan. 29 Tr. at 18. An exchange of words took place at the apartment which drew attention from Young's cousins and friends. Standing on his back porch with Loomis, Williams repeated his threat that Young would get "trouble" if she called the police. Jan. 27 Tr. at 82-83; Jan. 29 Tr. at 18. Included in Young's group of supporters were James Harris and his brother, Jeremiah Jones. Jan. 27 Tr. at 84; Jan. 29 Tr. at 18, 37. Jeremiah asked Williams what did he do to Young, and why Young was crying and outside without a shirt. Williams denied doing anything to Young or knowing why she was upset. Williams acknowledged that Young and his girlfriend had a fight, but denied ordering the assault. Jan. 27 Tr. at 85.
Young then hit Williams with a neighbor's grill, breaking it, and threw one of the grill's legs at Loomis, missing Loomis because she went back inside the house. Id. at 86, 297. Harris testified that he pulled out a gun and showed it to Williams to scare him at the same time that Young hit Williams with the grill. Jan. 29 Tr. at 20, 66. Young did not see Harris with a gun. Jan. 27 Tr. at 85-86. Davis testified that Harris pointed the gun at Williams and told Young to hit Williams with the grill. Jan. 29 Tr. at 20, 21, 38. After that, the argument dissolved, and everyone went their own way. Jan. 27 Tr. at 87. Davis testified that before leaving, Williams announced with a smile, "This ain't over yet, we all going to see each other again." Jan. 29 Tr. at 21. Angry, Williams, retreated to his apartment. Jan. 27 Tr. at 196. Later, Williams called Loomis and told her to pick up his truck. Id. at 301.
Young, Davis, and Davis's children left Young's apartment to stop by JamarieJohnson's house. Id. at 88, 89. While at Jamarie's house, Young and Davis saw Loomis drive by in Williams's truck and blow a kiss at them. Id. at 89-90, 302. Young also noticed that Williams and Gamble had changed into all-black clothes. Id. at 90. Young, Davis, and Davis's children went back to Young's apartment. Id. at 90. Between 45 minutes to 2 hours after the confrontation in Williams's back yard, Thomas watched Williams leave the apartment. Williams returned shortly, carrying an AK-47 assault rifle. Id. at 197-98. Later that afternoon, Thomas noticed that Williams and Gamble had changed into all-black clothing. They spoke quietly to each other, so as to prevent Thomas from hearing their conversation. Id. at 201. Thomas testified that Williams was still angry about what had happened earlier. Id. at 204.
As Jamarie walked to her cousin's house, she noticed Williams in the front window of his apartment. Jan. 29 Tr. at 117. Williams called out to her, "They sent you out here in this gun play." Id. at 117. She then continued on to her cousin's house. Both Williams and Gamble watched the parking lot from the front window of the apartment. Jan. 27 Tr. at 205. Thomas heard one of them say something like, "That's my man right there." Id. at 205. Williams walked outside. Gamble walked to the door with an AK-47 and yelled, "We ain't hoes." Id. at 205-06. Thomas saw Gamble aim the AK-47 at someone walking through the parking lot and "heard shots ringing out." Jan. 29 Tr. at 206-07. Thomas could not see Williams. Jan. 27 Tr. at 207.
Harris testified that Williams pointed a silver handgun at his brother, Jeremiah. Jan. 29 Tr. at 69, 86. Jamarie heard Harris yell for Jeremiah to duck and cover, id. at 119, 121, and recalled seeing Williams standing in front of his house with a gun. Id. at 122-23. After he hollered for his brother to run and duck, Harris saw and heard Williams fire the gunonce. Id. at 69-70, 87. Harris testified that Gamble stepped off the porch, aimed the AK-47 at his brother, and fired more than once. Id. at 70-71. Thomas saw the man in the parking lot get hit by the bullets. Jeremiah Jones appeared to dance as the bullets pierced his flesh. Jan. 27 Tr. at 207.
Once the firing stopped, Davis turned to check on Jeremiah. Young and Davis were walking with Davis's children from Young's apartment to Johnson's apartment, and both had noticed Jeremiah walking through the parking lot just before the shooting began. Id. at 92-94; Jan. 29 Tr. at 25-27. Before all of her kids were inside Johnson's apartment, Davis looked toward the parking lot and saw Williams and Gamble standing there with guns, saying, "Now what bitches, now what?" Id. at 30. Williams pointed a handgun at Davis and Johnson while Gamble held the AK-47. Jan. 27 Tr. at 95-96; Jan. 29 Tr. at 30-31, 42-43, 137-38. Young, who hid in a bush around the corner, saw Williams waiving his silver gun at Davis and Johnson, Jan. 27. Tr. at 95, 97 and then threaten Johnson. Id. at 97; Jan 29 Tr. at 138. Williams told her, Id. at 149. Davis pleaded with them not to do this in front of her children; Gamble lowered his gun, but Williams still had his gun out. Williams and Gamble then ran from the scene. Id. at 30-31.
Jeremiah Jones was unresponsive, but struggling to breathe when Young, Davis, and Johnson reached his body. Jan. 27 Tr. at 98-99, 140; Jan. 29 Tr. at 31, 140. Jamarie called 9-1-1. Jan. 29 Tr. at 119. Jones died from multiple gunshot wounds. Transcript, Jan. 28, 2009, 30, ECF No. 9-7.
Williams, Gamble and Thomas ran back into Williams's apartment, before leaving forDobe's and then Loomis's house. Jan. 27 Tr. at 208. Once they arrived at Loomis's home, Williams and Gamble quickly shed their black clothing. Id. at 306. Williams then ordered Loomis to drive them to Detroit where she dropped them all off together. Id. at 308-10, 312.
Williams's conviction was affirmed on appeal. People v. Williams, No. 291208, 2010 WL 3813161, *1 (Mich. Ct. App. Sept. 30, 2010); lv. den. 488 Mich. 1047 (2011).
Title 28 U.S.C. § 2254(d), as amended by the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), imposes the following standard of review for habeas cases:
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