Ronnie Quawrells v. State of Mississippi
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2005-KA-01592-COA
RONNIE QUAWRELLS A/K/A RONNIE SPENCER
A/K/A RONNIE QUADWELL
v.
STATE OF MISSISSIPPI
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:
APPELLANT
APPELLEE
4/18/2005
HON. ALBERT B. SMITH, III
TUNICA COUNTY CIRCUIT COURT
RICHARD B. LEWIS
OFFICE OF THE ATTORNEY GENERAL
BY: JOSE BENJAMIN SIMO
LAURENCE Y. MELLEN
CRIMINAL - FELONY
CONVICTED OF CONSPIRACY TO COMMIT
ARMED ROBBERY AND SENTENCED TO
SERVE FIVE YEARS IN THE CUSTODY OF
THE MISSISSIPPI DEPARTMENT OF
CORRECTIONS
AFFIRMED - 09/26/06
BEFORE LEE, P.J., CHANDLER AND ROBERTS, JJ.
CHANDLER, J., FOR THE COURT:
¶1.
On February 8, 2005, Ronnie Quawrells was indicted in the Circuit Court of Tunica County
for armed robbery and conspiracy to commit armed robbery. After a jury trial, Quawrells was found
guilty of conspiracy to commit armed robbery and was sentenced to five years in the custody of the
Mississippi Department of Corrections. Quawrells appeals, alleging that the trial court should have
granted his motion for a directed verdict and his motion for a judgment notwithstanding the verdict.
Finding no error, we affirm.
FACTS
¶2.
On September 12, 2003, a cashier at Harrah’s Mardi Gras Casino and Hotel in Tunica
County, Mississippi, was robbed at gunpoint. After a police investigation of the crime, Quawrells,
Marlo Clark, Jimmy West, and Latori Hillard were arrested. On February 8, 2005, Quawrells was
indicted for armed robbery and conspiracy to commit armed robbery.
¶3.
At trial, the State called four casino employees to testify. Murray Casey, the security
manager, was at home the night of the robbery. Casey testified that he received a phone call which
informed him that a robbery had occurred at the casino. Casey went to the casino and was present
when security counted the money drawer. Casey testified that $42,000 was missing from the drawer.
¶4.
Barbara Kuchenmeister, lead security at the casino, testified that she was on duty the night
of the robbery. Kuchenmeister was in the hotel lobby watching the surveillance cameras when she
saw a male standing at the cashier cage with a gun. Kuchenmeister testified that, as she walked
toward the cashier cage, she saw two males run out the front entrance of the casino and get into a
vehicle. Kuchenmeister described the two males and gave a description of the vehicle.
¶5.
During Bobby Carmon’s testimony, the court admitted a surveillance video into evidence.
Carmon was the surveillance supervisor at the casino. The video showed the individual with the gun
and another individual standing close behind. Another segment of the video showed two men
running out of the hotel lobby.
¶6.
Greg Hollis was the cage cashier who was on duty the night of the robbery. Hollis testified
that a male approached the cashier cage and handed him a note. At first, Hollis thought the note was
a coupon, but then realized that the note was informing him that a robbery was taking place. Hollis
stated that the man handed him a pillow case and pulled out a gun. Hollis described the man and
identified him through photographs. Hollis stated that he did not recall seeing Quawrells.
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¶7.
Nathaniel Dawson, with the Tunica County Sheriff’s Department, testified for the State.
Dawson testified that he pulled over a vehicle which matched the description of the vehicle seen
leaving the robbery. When Dawson stopped the vehicle, Clark was the only person in the car.
¶8.
Shelia McKay, an investigator at the Tunica County Sheriff's Department, reviewed the
surveillance tapes. McKay identified Hillard as the individual who was shown on the surveillance
tape holding the gun.
¶9.
Alan Thompson is employed with the Mississippi Department of Public Safety and the
Mississippi Bureau of Investigation. Thompson testified that he was informed that the vehicle seen
leaving the robbery was apprehended. Thompson stated that he went to the vehicle and received
consent from Clark to search the vehicle. Thompson found a revolver in the glove compartment.
At the police station, Thompson interviewed Clark. Thompson also interviewed Quawrells and
videotaped Quawrells's statement. During Thompson’s testimony, the videotaped statement was
introduced into evidence.
¶10.
In the statement, Quawrells admitted that he went to the casino to “scope out” the robbery.
Quawrells claimed that he did not think they were going to rob the casino until the next night.
Quawrells told Thompson that he did not have a gun. Quawrells admitted that he saw Hillard with
a pillow case in the restroom. He stated that, after the robbery, the four men left the casino and he
was given $5,000, his portion of the money. In the video, Quawrells indicated that certain
individuals had certain responsibilities in carrying out the robbery.
¶11.
After Thompson testified, the State rested its case. Quawrells filed a motion for a directed
verdict alleging that the State had failed to prove its case. The trial court denied the motion. Next,
Quawrells, the only defense witness, testified.
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¶12.
According to Quawrells’s testimony, Clark and Hillard discussed the robbery for one or two
days prior to the robbery. Quawrells stated that Clark and Hillard had been looking for guns prior
to the robbery. Quawrells admitted that he knew Clark had a gun the day of the robbery.
¶13.
Quawrells stated that he was under the impression that they were “scoping out” the casino
so that they could rob the casino the next night. Quawrells claimed he did not think that they were
serious. Quawrells testified that the individuals went to the restroom when they arrived at the casino.
Contrary to his videotaped statement, Quawrells claimed that he had not known that Hillard had a
pillow case when they were in the restroom. Quawrells stated that West told the men that he only
had one pistol. Quawrells testified that Hillard was angry and said, “I’m gonna do it.” West said
that he was going to the car and left the casino. Quawrells stayed in the casino. He claimed that he
wanted to drink a couple of beers.
¶14.
Quawrells admitted that he stood approximately eight or nine feet behind Hillard when the
robbery was taking place. He also admitted that he could be seen in the background of the
surveillance video. Quawrells claims that he was looking for a cocktail waitress so that he could get
a drink. He also stated that he stood close by because he wanted to see what Hillard was going to
do. Quawrells stated he ran out of the casino with Hillard after the robbery because he knew that the
casino had video cameras and he knew that he would be seen with Hillard. Quawrells testified that,
after the robbery, he and Hillard got into the car with Marlo and West. Quawrells claimed that he
was not the “lookout” man for the robbery. Quawrells testified that there was no reason to have a
lookout man because there was nothing he could have done if he or Hillard had been shot.
¶15.
Quawrells was found not guilty of armed robbery but was found guilty of conspiracy to
commit armed robbery. He was sentenced to five years in the Mississippi Department of
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Corrections. Quawrells filed a motion for a judgment notwithstanding the verdict, which was denied
by the trial court.
LAW AND ANALYSIS
I. WHETHER THE TRIAL COURT ERRED BY NOT GRANTING A DIRECTED VERDICT OR
A JUDGMENT NOTWITHSTANDING THE VERDICT.
¶16.
Quawrells filed motions for a directed verdict and for a JNOV. Both motions were denied
by the trial court. A motion for a directed verdict and motion for a JNOV both challenge the legal
sufficiency of the evidence. McClain v. State, 625 So. 2d 774, 778 (Miss. 1993). When the
sufficiency of the evidence is challenged on appeal, we "properly review[] the ruling on the last
occasion the challenge was made in the trial court." Id. Quawrells last challenged the sufficiency
of the evidence with his motion for a JNOV. On review of the denial of a motion for a JNOV, we
accept all the evidence supporting the guilty verdict as true and give the State the benefit of all
reasonable inferences that can be reasonably drawn from the evidence. Bell v. State, 910 So. 2d 640,
646 (¶16) (Miss. Ct. App. 2005).
¶17.
Quawrells contends that the evidence presented by the State’s witnesses did not prove that
he participated in the planning of the robbery. He also alleges that there is no proof that the
individuals were serious about actually robbing the casino. We find no merit in Quawrells's
contentions.
¶18.
To constitute conspiracy, two or more persons must conspire to commit a crime. Miss. Code
Ann. § 97-1-1 (Rev. 2003). Quawrells admitted that he was present when the individuals discussed
robbing the casino, that he was close behind Hillard when the robbery occurred, and that he received
a portion of the stolen money. Quawrells alleges that these acts were not sufficient to constitute
conspiracy because he thought that the others were merely joking about robbing the casino and, even
if they were serious, he did not intend to participate.
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¶19.
The jury is the final arbiter of a witness’s credibility. Morgan v. State, 681 So. 2d 82, 93
(Miss. 1996). Although Quawrells claims that he cannot be guilty of conspiracy to commit robbery
because he did not think that the other conspirators were serious about committing the crime, there
is evidence from which the jury could have found that Quawrells was aware that the robbery was
going to occur. At trial, there was testimony that the co-conspirators were looking for guns,
arranging a car to meet them after the robbery, and making plans to rob the casino. Quawrells admits
knowing that West had a gun and Hillard had a pillow case. The most convincing evidence that
Quawrells knew that the crime was going to occur is that Hillard told him in the restroom, “I’m
gonna do it.” Quawrells watched Hillard get into the cashier line. Quawrells claims that he was
standing close to the cashier cage because he wanted to see what Hillard was going to do. Quawrells
saw Hillard hand the cashier the pillow case and pull out the gun. Quawrells did not make any
attempt to stop the commission of the crime. Quawrells' allegation was inconsistent with the other
evidence. It is the jury’s responsibility to weigh the conflicting testimony. Williams v. State, 757
So. 2d 953, 957 (¶17) (Miss. 1999). Viewing the evidence in the light most favorable to the State,
the evidence was sufficient to support the verdict.
¶20. THE JUDGMENT OF THE CIRCUIT COURT OF TUNICA COUNTY OF
CONVICTION OF CONSPIRACY TO COMMIT ARMED ROBBERY AND SENTENCE
OF FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF
CORRECTIONS IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO
TUNICA COUNTY.
KING, C.J., LEE AND MYERS, P.JJ., SOUTHWICK, IRVING, GRIFFIS, BARNES,
ISHEE AND ROBERTS, JJ., CONCUR.
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