Kenny Ray Davis v. State of Mississippi
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IN THE COURT OF APPEALS
OF THE
STATE OF MISSISSIPPI
NO. 2000-KA-00237-COA
KENNY RAY DAVIS
v.
STATE OF MISSISSIPPI
DATE OF TRIAL COURT
JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEY FOR APPELLANT:
ATTORNEY FOR APPELLEE:
DISTRICT ATTORNEY:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
APPELLANT
APPELLEE
01/14/1999
HON. LAMAR PICKARD
CLAIBORNE COUNTY CIRCUIT COURT
WILLIAM F. VICK
OFFICE OF THE ATTORNEY GENERAL
BY SCOTT STUART
ALEXANDER C. MARTIN
CRIMINAL - FELONY
COUNTS I & II: AGGRAVATED ASSAULT;
SENTENCED TO 12 YEARS ON EACH COUNT TO RUN
CONCURRENTLY
AFFIRMED
DISPOSITION:
MOTION FOR REHEARING FILED:
CERTIORARI FILED:
MANDATE ISSUED:
8/14/2001
BEFORE SOUTHWICK, P.J., THOMAS, AND IRVING, JJ.
SOUTHWICK, P.J., FOR THE COURT:
¶1. Kenny Ray Davis was found guilty on two counts of aggravated assault by a Claiborne County Circuit
Court jury. On appeal Davis argues that there was insufficient evidence presented, or at least that the
verdict was against the overwhelming weight of the evidence. We disagree.
FACTS
¶2. The events underlying the convictions in this case occurred in August 1998. The testimony at trial was in
conflict. The only issue on appeal is whether the evidence can sustain the conviction. Thus we detail the
evidence that supports the verdict as well as some of the contrary testimony. What is clear is that James and
Lester Goods received gunshot wounds late at night outside the Pink Palace night club in Claiborne County.
There was evidence that earlier in the evening of the shooting, the defendant, Kenny Ray Davis, had an
altercation with Sharon Goods. According to trial testimony, Sharon Goods's brother, Ronnie Goods, and
her two cousins, Lester and James Goods, went to the Club Paradise to confront Davis about the
altercation. When they arrived, Davis was gone. A defense witness testified that Lester Goods began
arguing with Michael White, who had been with the defendant Davis when the altercation with Sharon
Goods occurred. The witness further testified that Lester Goods had a gun and that he shot at White. An
additional defense witness testified that he saw Lester Goods shooting at White. Lester Goods's testimony
was that even though he had a verbal encounter with White, he did not shoot at him.
¶3. Still later the same evening, Lester and James Goods were at the Pink Palace when Davis, Michael
White and others arrived outside the club. Cinderella Goods, the mother of James and Lester Goods,
testified that she went to the Pink Palace to get her sons because she heard that Davis and White were
armed and looking for them. She and her sons were leaving the club when she noticed a line of cars with
their engines running parked on the road outside the club. She claims that her sons were unarmed and were
shot as they walked by the line of cars. She was unable to identify the shooter.
¶4. James Goods testified that as he, his brother Lester, and his mother left the Pink Palace, the defendant
Davis came out of the dark and shot him in the legs with a shotgun. He testified that he knew Davis and that
he was absolutely sure that Davis was the man who shot him. James Goods claimed that he was unarmed
and that he was not attempting to confront Davis.
¶5. Lester Goods also testified for the State. He stated that he left the Pink Palace when someone told him
that Davis and others were outside with guns. He testified that as he was following his mother to the road
leaving the club, Davis approached and shot him with a shotgun. He fell to the ground as a result of the
wound. As he was laying on the ground, he heard many more gunshots although he could not tell who was
doing the shooting. Lester Goods testified that he was unarmed when the incident occurred and that he was
not attempting to confront Davis.
¶6. Tyrone Montgomery, who was jointly indicted with Davis, testified for the defense. His testimony was in
direct conflict with the witnesses for the State. Montgomery testified that James and Lester Goods
approached Davis's car outside the Pink Palace. He saw Lester Goods pull out a gun. When Montgomery
saw Lester Goods with the gun, he began to run. As he was running, he heard shots being fired. He claimed
that he was not able to see who fired the shots.
¶7. Alexander Montgomery also testified for the defense. He stated that he saw James and Lester Goods
walking toward Davis's car outside the Pink Palace, and that Lester had a chrome gun drawn. He testified
that he then heard a loud booming noise, followed by many more shots. He claimed that he could not see
who fired the first shot, but that he did witness Ronnie Goods firing shots. He did not see Davis with a
shotgun.
¶8. Davis was indicted on two counts of aggravated assault on Lester and James Goods. He was tried by
jury on January 14, 1999, and was found guilty on both counts.
DISCUSSION
¶9. The appellate issue raised by the defendant is that it was error for the lower court to deny his motion for
a new trial or in the alternative for a judgment notwithstanding the verdict. Davis claims that the evidence he
presented supported a finding that James and Lester Goods were the aggressors and that Davis was merely
exercising his right of self-defense.
¶10. The decision of whether or not to grant a new trial on a claim that the verdict is against the
overwhelming weight of the evidence is a matter within the sound discretion of the trial judge. McClain v.
State, 625 So. 2d 774, 781 (Miss. 1993). On appeal, all evidence favorable to the State must be accepted
as true, and only when affirming the conviction will result in an unconscionable injustice will a new trial be
ordered. Taylor v. State, 672 So. 2d 1246, 1256 (Miss. 1996). "Jurors are permitted, indeed have the
duty, to resolve the conflicts in the testimony they hear." Gandy v. State, 373 So. 2d 1042, 1045 (Miss.
1979). Moreover, a motion for a judgment notwithstanding the verdict should be denied unless a
hypothetical, reasonable juror, examining all the evidence, could only enter a verdict of acquittal. Mitchell
v. State, 572 So. 2d 865, 867 (Miss. 1990).
¶11. All the evidence supports that Davis shot and wounded Lester and James Goods. The jury heard the
testimony of State and defense witnesses. The testimony was in conflict as to the key point of self-defense.
In support of the verdict, there was testimony from the victims in this case, James and Lester Goods, that
Davis walked up and shot them. They testified that they were unarmed and did not initiate the confrontation.
The jury also heard the conflicting testimony from the defense witnesses stating that Lester Goods had a
weapon and that the Goods brothers were the aggressors. The jury must have made credibility
determinations that rejected the claims of self-defense. We find that such a determination was within the
range of discretion for reasonable jurors. We affirm.
¶12. THE JUDGMENT OF THE CIRCUIT COURT OF CLAIBORNE COUNTY OF
CONVICTION OF TWO COUNTS OF AGGRAVATED ASSAULT AND SENTENCE OF
CONCURRENT TERMS OF TWELVE YEARS FOR EACH COUNT IN THE CUSTODY OF
THE MISSISSIPPI DEPARTMENT OF CORRECTIONS IS AFFIRMED. ALL COSTS ARE
TO BE ASSESSED TO CLAIBORNE COUNTY.
McMILLIN, C.J., KING, P.J., PAYNE, BRIDGES, THOMAS, LEE, IRVING, MYERS
AND CHANDLER, JJ., CONCUR.
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