McLymont v. Mississippi
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David McLymont was convicted of capital murder and conspiracy to commit robbery. He filed a motion for judgment notwithstanding the verdict, or in the alternative, for a new trial, which the trial court denied. McLymont appealed the trial court's denial to the Supreme Court claiming his conviction was contrary to the overwhelming weight of the evidence. McLymont contended the jury relied on the testimony of a biased witness and a tape recording obtained by that witness to reach its verdict. Upon review, the Supreme Court concluded that contention was meritless. The State presented evidence against McLymont in addition to the witness and the tape recording in question. Accordingly, the trial court did not err when it denied McLymont's post-trial motion.
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IN THE SUPREME COURT OF MISSISSIPPI NO. 2012-KA-00408-SCT DAVID McLYMONT v. STATE OF MISSISSIPPI DATE OF JUDGMENT: TRIAL JUDGE: COURT FROM WHICH APPEALED: ATTORNEYS FOR APPELLANT: ATTORNEYS FOR APPELLEE: DISTRICT ATTORNEY: NATURE OF THE CASE: DISPOSITION: MOTION FOR REHEARING FILED: MANDATE ISSUED: 01/25/2012 HON. ALBERT B. SMITH, III COAHOMA COUNTY CIRCUIT COURT OFFICE OF STATE PUBLIC DEFENDER BY: ERIN ELIZABETH PRIDGEN GEORGE T. HOLMES OFFICE OF THE ATTORNEY GENERAL BY: LADONNA C. HOLLAND JOHN R. HENRY, JR. BRENDA FAY MITCHELL CRIMINAL - FELONY AFFIRMED - 05/23/2013 BEFORE DICKINSON, P.J., PIERCE AND COLEMAN, JJ. PIERCE, JUSTICE, FOR THE COURT: ¶1. David McLymont was convicted of capital murder and conspiracy to commit robbery. McLymont filed a motion for judgment notwithstanding the verdict, or in the alternative, for a new trial, which the trial court denied. McLymont appeals to this Court, claiming his conviction was contrary to the overwhelming weight of the evidence. McLymont contends the jury relied on the testimony of a biased witness and a tape recording obtained by that witness to reach its verdict. This contention is meritless. The State presented evidence against McLymont in addition to the witness and the tape recording in question. Also, under our system of jurisprudence, credibility determinations lie within the province of the jury. Accordingly, the trial court did not err when it denied McLymont s post-trial motion. FACTS ¶2. In November 2008, Carlos Buford, an active member in the U.S. Coast Guard on short leave from duty, traveled by car from his home in Florida to Clarksdale, Mississippi, to meet a friend. While lost in Clarskdale, Buford pulled into a parking lot and called his friend for directions. As Buford sat in his car, three men approached on foot. The three men, David Julio McLymont, Dennis Ray Ray Thompson, and Daniel Danny Starks, asked Buford for a ride to a local club. Buford obliged. McLymont sat in the front passenger seat, and Thompson and Starks sat in the back seat. According to Starks, McLymont and Buford spoke briefly and then McLymont dove for a gold crucifix necklace around Buford s neck. Buford, using his own gun, tried to shoot McLymont. The bullet grazed McLymont s leg and lodged into the passenger-side floorboard. Thompson then shot Buford fatally in the back of the head. Starks jumped out of the vehicle and ran home. ¶3. McLymont and Thompson arrived at Starks s house soon thereafter. They told Starks that the man had died, and they showed him the gold necklace they had taken from him. Starks noticed a hole in McLymont s leg, and Starks recalled telling McLymont he should go to the hospital. ¶4. Later that evening, the three men went to Friars Point. There, Starks heard McLymont and Thompson tell others they had murdered a dude and had taken a gun and a charm from him. 2 ¶5. Meanwhile, Clarksdale authorities discovered Buford s vehicle with Buford s deceased body inside. During their investigation, a confidential informant told investigators that Charles Hollins likely had information about Buford s death. Hearing that authorities were looking for him, Hollins came to the police station on his own volition and told investigators that he knew who had killed Buford. Believing that he might be implicated in the murder, Hollins asked to be released to prove [his] innocence. Investigators allowed Hollins to leave the station and provided him with a small tape recorder. Hollins later returned with a taped confession, which he claimed came from McLymont. Upon forensic investigation of Buford s car, investigators found McLymont s right thumb print and palm print on the passenger-side door, consistent with Starks s statements and the tape-recorded confession. ¶6. McLymont was indicted for capital murder and conspiracy to commit robbery. The State presented evidence at trial that McLymont and Thompson had planned to rob Buford for money to spend at a club that night. After a three-day trial, a jury found McLymont guilty on both counts. The trial court sentenced McLymont to life in prison without the possibility of parole for the capital-murder conviction and five years for the conspiracy conviction, all in the custody of the Mississippi Department of Corrections. ANALYSIS ¶7. The sole issue on appeal is whether the trial court erroneously denied McLymont s motion for a new trial on the basis that the jury s verdict was against the overwhelming weight of the evidence. Specifically, McLymont contends the jury s verdict was based on McLymont s alleged confession, which was recorded by Hollins, a convicted felon, out on 3 parole, who would stop at nothing to avoid prison. McLymont acknowledges that the State presented additional evidence against him. But McLymont submits that such evidence, standing alone, is too attenuated to sustain the jury s verdicts. We disagree. ¶8. When reviewing a denial of a motion for a new trial based on an objection to the weight of the evidence, we will only disturb a verdict when it is so contrary to the overwhelming weight of the evidence that to allow it to stand would sanction an unconscionable injustice. Bush v. State, 895 So. 2d 836, 844 (Miss. 2005). Further, this Court must assume that the fact-finder believed the State s witnesses and disbelieved any contradictory evidence. Griffin v. State, 607 So. 2d 1197, 1200-01 (Miss. 1992). A motion for a new trial should be granted only in exceptional cases in which the evidence preponderates heavily against the verdict. Weatherspoon v. State, 56 So. 3d 559, 564 (Miss. 2011). ¶9. Here, because McLymont did not testify or present any witnesses on his behalf, the jury was entitled to give full effect to the State s evidence against him. Miller v. State, 983 So. 2d 1051, 1054 (Miss. 2008) (quoting White v. State, 722 So. 2d 1242, 1247 (Miss. 1998)). The evidence, as mentioned above, included Starks s eyewitness testimony, testimony of corroborating witnesses, a taped confession, McLymont s fingerprints on Buford s vehicle, as well as other forensic evidence and a leg wound consistent with what Starks testified occurred inside Buford s vehicle and what McLymont allegedly told Hollins. ¶10. Whether Hollins was a credible a witness despite being a convicted felon and potential suspect in the investigation was a determination for the jury, not this Court. Miller, 983 So. 2d at 1054. [T]he credibility of witnesses is not for the reviewing court. 4 Gathright v. State, 380 So. 2d 1276, 1278 (Miss. 1980). McLymont had and took the opportunity in front of the jury to question the credibility of all of the State s witnesses and to bring out any inconsistencies or biases they may have had. And even without Hollins s testimony or McLymont s alleged tape confession, the State presented ample evidence to support its case against McLymont. ¶11. For these reasons, this Court finds that the overwhelming weight of the evidence supports the jury s verdicts. Thus, the trial court did not err in denying McLymont s motion for judgment notwithstanding the verdict or for a new trial. CONCLUSION ¶12. The judgment of the Circuit Court of Coahoma County is affirmed. ¶13. COUNT I: CONVICTION OF CONSPIRACY AND SENTENCE OF FIVE (5) YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, AFFIRMED. COUNT II: CONVICTION OF CAPITAL MURDER AND SENTENCE OF LIFE WITHOUT THE POSSIBILITY OF PAROLE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, AFFIRMED. WALLER, C.J., DICKINSON AND RANDOLPH, P.JJ., LAMAR, KITCHENS, CHANDLER, KING AND COLEMAN, JJ., CONCUR. 5
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