John Thomas Scott v. State of Mississippi
Annotate this Case
Download PDF
IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2005-KA-00745-COA
JOHN THOMAS SCOTT
APPELLANT
v.
STATE OF MISSISSIPPI
APPELLEE
DATE OF JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEY FOR APPELLANT:
ATTORNEY FOR APPELLEE:
DISTRICT ATTORNEY:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
DISPOSITION:
MOTION FOR REHEARING FILED:
MANDATE ISSUED:
7/29/2004
HON. PAUL S. FUNDERBURK
PONTOTOC COUNTY CIRCUIT COURT
JAMES P. JOHNSTONE
OFFICE OF THE ATTORNEY GENERAL
BY: W. GLENN WATTS
JOHN R. YOUNG
CRIMINAL - FELONY
CONVICTED OF COUNTS I AND II MURDER
AND SENTENCED TO LIFE; COUNT III
POSSESSION OF A FIREARM BY A
CONVICTED FELON AND SENTENCED TO
THREE YEARS ALL IN THE CUSTODY OF
THE MISSISSIPPI DEPARTMENT OF
CORRECTIONS AS A HABITUAL OFFENDER
WITH SENTENCES TO RUN
CONSECUTIVELY
AFFIRMED - 09/05/2006
BEFORE LEE, P.J., SOUTHWICK AND ISHEE, JJ.
SOUTHWICK, J., FOR THE COURT:
¶1.
A Pontotoc County Circuit Court jury found John Thomas Scott guilty of two murders and
of possession of a firearm by a felon. A judgment of conviction was entered. On appeal, he argues
various defects regarding his confession, and also that the admission of the murder weapon into
evidence violated his constitutional rights. We find no error and affirm.
FACTS
¶2.
Dudley Coleman and Jennifer Lenard were shot and killed in a wooded area along Highway
9 in Pontotoc County on September 27, 2003. Testimony at trial revealed that the decedent Coleman
and defendant John Thomas Scott were involved in the sale of methamphetamine. Scott owed
Coleman about $4,500 as a result of these dealings. The night before the murders, Scott believed
Coleman attempted to burglarize his home in order to collect the debt.
¶3.
On the day of the murders, Coleman and Scott agreed to meet and discuss the debt. They met
along Highway 9 between Pontotoc and Bruce. Scott parked his vehicle and got into Coleman’s
vehicle. Jennifer Lenard was Coleman’s passenger. After a short drive, Coleman’s vehicle came
to a stop on a county road. An argument ensued, and Scott shot Coleman from the back seat of the
vehicle. Scott shot Lenard when she began to exit the car, though the shot was not fatal. Before
fleeing on foot, Scott delivered a second and fatal shot to the back of Lenard’s head. Scott then ran
into the nearby woods, threw the murder weapon into a pond, and was arrested a few hours later by
the Pontotoc County Sheriff’s Office. Almost from the moment of his capture, Scott admitted these
events to the sheriff and to others and attempted to justify the shootings.
¶4.
In November 2003, Scott was indicted on two counts of murder and one count of possession
of a firearm by a convicted felon. In July 2004, a Pontotoc County Circuit Court jury found him
guilty on all counts and the court sentenced Scott to two life sentences and three years as an habitual
offender. Scott had previously served time in prison for burglary and larceny. Scott had served some
of this earlier prison time with his victim Coleman.
2
¶5.
At trial, Scott’s testimony was that he shot Coleman in self-defense. Coleman allegedly was
reaching for a gun in the vehicle’s console. Scott said that he shot Lenard as a reaction to the melee
when she attempted to exit the vehicle. He shot her again as he was running into the woods, but he
alleged that he had simply shot in her direction but not at her. Scott’s explanation of the two
shootings was refuted by Dr. Steven Hayne, the forensic pathologist who performed the autopsies.
He determined that the path of Coleman’s bullet wound was not consistent with his turning to grab
a gun. Dr. Hayne also believed that the fatal shot to Lenard was to the back of her head and at close
range, not from a distance as Scott was running away.
Issue 1: Scott’s request for counsel at time of arrest
¶6.
Scott argues that he requested counsel prior to being questioned and the request was ignored.
Though the versions of the circumstances surrounding the request differ, there is general agreement
that at least a mention of counsel occurred either immediately before Scott was placed into custody
or while he was being handcuffed. There are three basic versions of Scott’s mention of counsel.
Each shows that the request was made on the day of the murders, in the immediate hours following
the shooting, and at the time that Scott was being taken into custody.
¶7.
Pontotoc County Sheriff Leo Mask went to investigate the shooting. He received a call that
Scott was hiding in the woods nearby. The sheriff said that after looking in the woods he came
across a person. He shone a flashlight, saw Scott, and told him to “get down on the ground.” Scott
complied, then Sheriff Mask asked him “what he was doing” and to identify himself. Scott gave his
name and responded: “you know what I’m doing.” Sheriff Mask testified that before he read Scott
a description of his rights, Scott remarked: “I probably need to talk to a lawyer.”
¶8.
Deputy Mike McGowan was also present in the woods. McGowan said he was patting down
Scott to check for weapons when Scott said, “I probably need to talk to a lawyer.”
3
¶9.
Scott testified that “Sheriff Mask asked me why I did it. I told him. It ain’t what you think.
And then he asked me where the gun was, and I told him I wanted a lawyer, and then he asked me
why I did it.”
¶10.
After his arrest, Scott was taken to jail where he was booked by Deputy William VanGorder.
Deputy VanGorder asked questions relating to the booking process such as Scott’s name and address,
but he did not interrogate Scott about the crime. At that time, Scott volunteered information about
the crime. Scott did not, during the interaction with Deputy VanGorder, request an attorney.
¶11.
After being booked, Scott was again advised of his rights by Deputy Junior Rossell.
Afterward, Scott signed a waiver of his rights and began to volunteer the details of the crime which
included Scott’s admission that he had shot both victims. At no time during Deputy Rossell’s
involvement did Scott request an attorney.
¶12.
After the hearing on Scott’s motion to suppress, the trial court ruled that Scott never
“specifically invoke[d] his right to have an attorney present during questioning.”
¶13.
All of the versions of the request are clear that the request was made during the time of or
immediately before arrest. There is nothing in the record to indicate that Scott made the request for
counsel during an interrogation. A request for counsel is not “triggered” unless made during an
“interrogation.” CHARLES H. WHITEBREAD & CHRISTOPHER SLOBOGIN , CRIMINAL PROCEDURE
§16.03 (3d ed. 1993). The authors rely for this conclusion on Edwards v. Arizona, 451 U.S. 477
(1981). In Edwards, the Supreme Court held that once an accused has requested counsel during the
interrogation process, that the accused may not be questioned further until the attorney is present,
unless the accused voluntarily begins to talk again. Id. at 484-85.
¶14.
The somewhat varied accounts in our case agree that the only reference to an attorney was
the statement of “probable” need while the sheriff was engaged in his first encounter in the woods
4
with Scott. The language is surprisingly like that used by a United States Navy sailor when he was
being questioned about a murder. He said, “Maybe I should talk to a lawyer.” Davis v. United
States, 512 U.S. 452, 454 (1994). The agent questioning him then asked whether he wanted to stop
and talk to a lawyer, and the answer was that he did not. Id. The Supreme Court declared that the
Edwards rule requiring questioning to stop until a lawyer is located or the accused reinitiates the
conversation, does not apply when the “suspect makes a reference to an attorney that is ambiguous
or equivocal in that a reasonable officer in light of the circumstances would have understood only
that the suspect might be invoking the right to counsel, . . . .” Id. at 459. We find the circumstances
here, with Scott in the woods just after being caught by the sheriff, to make the statement more of
an indication that Scott understood that he was in considerable trouble but not to be an actual request
for counsel. Scott’s actions immediately thereafter in talking at considerable length to the sheriff
indicated this was the proper interpretation of Scott’s comment.
¶15.
The Edwards “bright line rule” prevents overriding a suspect’s unequivocal request for
counsel by badgering or lesser forms of persistence whereby the police encourage waiver of a right
already invoked. “To avoid difficulties of proof and to provide guidance to officers conducting
interrogations, this is an objective inquiry.” Id. at 458-59. Objectively viewed, Scott’s statement
that he would “probably need to talk to a lawyer” was ambiguous and easily seen as simply an
admission that he was in substantial legal difficulty. The request did not occur during interrogation
and therefore could not have crossed the Edwards bright line anyway.
Issue 2: Scott’s confession
¶16.
Scott makes two additional challenges to his statements to the sheriff. Both are the basic
allegation that the confession was not made voluntarily and all evidence obtained by the confession
should have been excluded. We discuss Scott’s two other perspectives on the issue.
5
A. Scott’s drug use rendered the confession involuntary
¶17.
Scott argues that his confession was neither voluntary nor obtained with his “full knowledge”
of the consequences of the confession. Scott testified that he had been abusing drugs and had not
slept for a number of days prior to talking to officers. Scott informed the officers of this fact. The
officers do not dispute that claim. Scott argues that his chemical dependency rendered him unable
to make a free and voluntary confession.
¶18.
Sheriff Mask and Deputy McGowan characterized Scott as being generally cooperative
during the arrest. The sheriff said that Scott did not appear to be under the influence of alcohol, but
that he could not really tell if he was under the influence of drugs. Scott told Sheriff Mask that he
had been using methamphetamine. Deputy McGowan stated that he did not believe Scott to be under
the influence of drugs or alcohol.
¶19.
Deputy Rossell did not believe Scott to be under the influence of alcohol or drugs once Scott
was brought to the sheriff’s office. Deputy Rossell testified that he did not smell alcohol on Scott,
and he did not appear to be under the influence of narcotics. Rossell said that Scott “seemed to know
what he was telling me.” Scott did not tell Rossell that he had been using methamphetamine or that
he had not slept in many days.
¶20.
When Deputy Van Gorder asked Scott during booking whether he had taken any drugs or
had been drinking, Scott replied that he had used methamphetamine earlier that day. Van Gorder
said that Scott did not appear to be nervous, but that he seemed to be trying to “explain himself out
of the situation.” Van Gorder stated than Scott was “just volunteering the information. The only
questions I was asking him pertain[ed] to booking.”
¶21.
The sheriff’s office did not test Scott for the presence of drugs. In one precedent, the
defendant made an argument that his confession was involuntary due to the use of narcotics. Bryant
6
v. State, 853 So. 2d 814 (Miss. Ct. App. 2003). The defendant’s mother corroborated his drug
addiction. Despite the testimony, we found that the confession was voluntary because the evidence
showed it was the product of the defendant’s “free and rational choice.” There was also testimony
from an officer in Bryant that the defendant did not appear to be intoxicated at the time of the
confession. Id. at 820.
¶22.
Where an accused impresses law enforcement officials as being unimpaired despite drug use,
that opinion is admissible evidence. Were a drug-induced confession to be admitted at trial, a
defendant’s constitutional rights against self-incrimination would be violated. Jenkins v. State, 607
So. 2d 1171, 1175 (Miss. 1992) (citing Malloy v. Hogan, 378 U.S. 1, 8 (1964)). The trial court had
admitted Jenkins’s statement. The decision was affirmed because police officers testified that
Jenkins appeared “straight” and “alert” at the time of the confession. Jenkins also testified that he
was “competent” and “uncoerced” when he gave the confession. Id.
¶23.
All law enforcement personnel who testified stated that Scott did not appear to be under the
influence of drugs. There was no corroboration of Scott’s assertions to the contrary.
¶24.
In addition, Scott’s actions on the day of the murders also indicated a mind capable of
perceiving the world around him and taking control of his own actions. Scott testified that he had
driven to meet Coleman. After Scott admitted that he shot the victims, he testified that he wiped his
fingerprints off of the car door. He also wiped fingerprints from the murder weapon and tossed it
in a nearby lake. He avoided returning to his vehicle, opting instead to flee in another direction.
He went to an area near the lake to assist his fiancée, as he feared his fiancée was in some sort of
danger. At that time, he recognized a resident of the area and identified himself. Scott also
recognized the resident as the owner of a store. Scott also said he recognized Sheriff Mask once he
had arrived. Scott then gave a vivid recounting of the very precise conversation he alleges to have
7
had with Sheriff Mask from the woods. These behaviors support that Scott’s confession was with
“full knowledge” of the consequences of making it.
¶25.
At the hearing on the motion to suppress, the trial court found that Scott was not “under the
influence to any extent that he could not waive his constitutional rights.” The evidence we have
summarized supports that conclusion.
B. Duress
¶26.
The trial court found Scott’s statements were “freely and voluntarily made, without any
threats, coercion, promises, offer of reward or any other inducements.” Scott argues otherwise.
¶27.
The burden of proof is on the prosecution to show beyond a reasonable doubt that a
confession is voluntary. Granger v. State, 853 So. 2d 830 (Miss. Ct. App. 2003). The prosecution
may meet its burden to discredit the claim of coercion through police officers who testify that the
confession was voluntarily made and was not obtained by “threats, coercion, or offer of reward.”
Id. at 834. The Mississippi Supreme Court has defined “inducements” to confessions as being “of
a nature calculated under the circumstances to induce a confession irrespective of its truth or falsity.”
Taylor v. State, 789 So. 2d 787, 795 (Miss. 2001).
¶28.
The only evidence that the confession was the result of any kind of duress was given by Scott
himself. Scott testified that Sheriff Mask “cocked the gun and told me if I didn’t tell him where I
[threw] that pistol, that he was going to shoot me in the back of the head like I did them people.”
In his brief, Scott argued that he confessed to Sheriff Mask while he was “face down in mud with
the Sheriff’s rifle pointed at his head.” He believed that scenario “would put fear and intimidation
into the hearts of any person, as was the officer’s intent.” The only individuals present other than
Scott when this alleged intimidation occurred testified and did not support the claim.
8
¶29.
Based on the evidence presented, the trial court was justified in rejecting Scott’s arguments
that his admissions regarding the shootings were coerced.
Issue 3: The fruit of the poisonous tree
¶30.
Scott believes the murder weapon should not have been admitted into evidence because his
confession that revealed the location of the weapon was “illegally obtained.” We have already
rejected the assertions of involuntariness. Therefore, the tree from which this evidence was obtained
was in no way poisoned.
¶31. THE JUDGMENT OF THE PONTOTOC COUNTY CIRCUIT COURT OF
CONVICTION OF COUNT I MURDER AND SENTENCE OF LIFE; COUNT II MURDER
AND SENTENCE OF LIFE; COUNT III POSSESSION OF A FIREARM BY A
CONVICTED FELON AND SENTENCE OF THREE YEARS ALL IN THE CUSTODY OF
THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AS A HABITUAL OFFENDER,
WITH ALL SENTENCES TO RUN CONSECUTIVELY, IS AFFIRMED. ALL COSTS OF
THIS APPEAL ARE ASSESSED TO PONTOTOC COUNTY.
KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES,
ISHEE AND ROBERTS, JJ., CONCUR.
9
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.