Flynt v. State

183 So.3d 1

Thomas Glynn FLYNT a/k/a Thomas Flynt a/k/a Thomas G. Flynt

v.STATE of Mississippi.

No. 2013–KA–01973–SCT.

Supreme Court of Mississippi.

Oct. 22, 2015.

Rehearing Denied Feb. 11, 2016.

Phillip Broadhead, Office of State Public Defender by George T. Holmes, attorneys for appellant.

Office of the Attorney General by Laura Hogan Tedder, attorney for appellee.

EN BANC.

COLEMAN, Justice, for the Court:

¶ 1. Thomas Flynt ("Tommy") was convicted of manslaughter for the death of Teresa Groover, his daughter's girlfriend, after an altercation with Teresa. According to Tommy, he and Teresa were struggling over the gun when it went off, and he does not remember pulling the trigger. Several people were present during the altercation and at the location where Teresa was shot, but no one saw Tommy shoot her. After the trial, Tommy filed a motion for judgment notwithstanding the verdict or, in the alternative, for a new trial. The trial judge denied the motion, and Tommy appeals.

Factual Background

¶ 2. On April 11, 2009, Tommy Flynt and his family went to a cousin's house for a large family Easter egg hunt. Tommy arrived around noon with his wife, Melissa, and their two children, Charee, fourteen, and Charles, ten. Samantha Crabtree, a friend of Charee's, was with them as well. The adults were drinking, and Tommy admits to having two beers.

¶ 3. At some point, Tommy's older daughter, Krystal, arrived with her girlfriend, Teresa Groover. According to Tommy, Krystal tried to pick a fight with him—she shoved him and said she was grown now and could "whip his ass." Tommy decided to leave because of Krystal's behavior; he does not remember what time they left, but he said it was still daylight. Tommy, Melissa, Charles, Charee, and Samantha left the party and went to Tommy's auto repair shop. Tommy testified that, at the shop, Charles went out back to ride a four-wheeler, Charee and Samantha listened to music in the car, and Tommy and Melissa went inside to eat and watch television.

¶ 4. Krystal and Teresa showed up at the shop some time later, and Krystal began trying to provoke Tommy again. Tommy claims that Krystal "was in a drunken stupor state." He told Krystal to leave and escorted her outside. Krystal kicked the door open and came back inside, again "leaning" on Tommy and saying things like "try me now." Tommy claims that he repeatedly asked Krystal to leave. Tommy testified that he was trying to ignore Krystal, but she eventually pulled him off the barstool on which he was sitting, so he picked her up by the waist and attempted to carry her outside. As Tommy was carrying Krystal out the door, Teresa walked in.

¶ 5. Teresa separated Tommy and Krystal, pushing Krystal to the side and slamming Tommy to the floor. Tommy admits that Teresa, a former Marine, was bigger and stronger than he was. Tommy testified that Teresa pinned him to the ground with one hand on his neck, strangling him. Tommy was able to get up, but Teresa took him down a second time. Teresa choked him again, and Tommy claims that he was about to pass out when he heard Krystal say, "Stop T, you're killing him." Tommy testified that Krystal pulled Teresa off Tommy, and Tommy got to his feet. Tommy said he was choking and gasping for air when Teresa got away from Krystal and charged him a third time. Tommy testified that he was able to pry Teresa's hand off his throat and roll out from under her.

¶ 6. After escaping Teresa for the third time, Tommy testified that he needed something to drink because he said his Adam's apple was stuck in the bottom of his throat and he needed something to loosen it up. He located a beer and drank it. Tommy told his wife to call 911, but she informed him that the phone was broken. He had another phone in his office, so he went to the office in search of a telephone to call the police. Tommy testified that he kept a loaded gun in plain sight in his office. Tommy maintained that he was going to get the telephone, not his gun.

¶ 7. Tommy testified that Teresa charged into the office and attacked him again. He said Teresa picked him up by the neck, lifted him off the ground, and had him against a shelf. Tommy testified, "She was strangling me .... she was in a vicious mode. Slobber was coming out of her mouth, and she was telling me, ‘I'm going to kill you, you [expletive].’ " Tommy claimed that he does not know how the gun came into play; he does not remember picking it up. He testified that he does not know if he picked it up or if Teresa picked it up, but they both had their hands on the gun when it went off. He said that he does not remember firing the gun, and he claims he did not even hear it go off. On cross-examination, Tommy testified that Teresa was trying to point the gun at him and shoot him, and he was trying to keep the gun away from himself. He said "it could have just as well been me shot."

¶ 8. Tommy testified that Teresa was still choking him and they were still struggling for the gun when the police came in. He testified that the police pulled Teresa off him and took the gun. Tommy said the police officers handcuffed both him and Teresa and made them lie on the floor. He said Teresa was still trying get up and she was looking at him saying "I'm going to kill you, you [expletive]" while she was handcuffed and lying on the floor.

¶ 9. Others who were present that day recall the events somewhat differently. Charee Flynt and Samantha Crabtree, both fourteen years old at the time, were the only eyewitnesses to the altercation who testified. However, numerous police officers testified about what they saw when they arrived at the scene after the shooting.

¶ 10. Charee testified that all of the adults had been drinking that day; she would not say that her father was intoxicated, just that he had consumed a couple of beers. However, in her original statement, made after the incident when she was fourteen years old, she wrote that Tommy was "very intoxicated." She also wrote that Krystal was intoxicated. At trial, Charee maintained that Krystal was drunk, saying she was slurring her words and staggering, but she said her father was not drunk. Charee agreed that her impression about being intoxicated had changed since she was fourteen and made the statement. Charee said Teresa had been drinking as well, but she was not acting drunk.

¶ 11. Charee testified that Krystal and Teresa arrived at the shop, and Krystal started arguing with Tommy and shoving him, and Tommy asked her to leave. At trial, Charee said that Tommy was trying to push or pull Krystal toward the door. When presented with her written statement, she admitted that Tommy had grabbed and pushed Krystal. Charee also had written that Tommy choked Krystal, but she would not admit that at trial. Charee testified that Tommy and Krystal started tussling, and Teresa walked in and separated them. Charee testified that Teresa grabbed Tommy "by his throat and took him to the ground."

¶ 12. Charee testified that while Teresa had Tommy pinned down she was telling him to "stay down and calm down." Charee testified that Teresa let Tommy get up, but then she "took him right back down." However, in her original statement, Charee indicated only that Tommy had been pinned down one time. Charee testified that, after Teresa released Tommy the second time, Tommy asked for something to drink, then he went into his office. Charee testified that Tommy was in the office for two or three minutes before Teresa went in; in her written statement, she wrote that Tommy was in the office for five minutes before Teresa followed him. Charee testified that Teresa walked into the office calmly. She heard someone yell "gun." Charee knew that Tommy kept a gun in his office, but she said it was unloaded because she and her little brother were at the shop often. Charee testified that she could not see Tommy and Teresa after they went into the office, but, in her statement, Charee wrote that Tommy did not appear to be in danger.

¶ 13. At some point during the altercation, Krystal's shirt and bra came off. Samantha testified that Tommy tore them off when they were fighting, but Tommy said they came off when Teresa pulled Krystal and Tommy apart. Samantha said Teresa came in and split up Tommy and Krystal, putting Tommy in a chokehold until he agreed to stop fighting. Samantha said Teresa was trying to get Tommy to calm down. Samantha testified that, when Teresa let Tommy up, he went into his office. She said Teresa followed Tommy into his office a few seconds later; she was not right behind him. Someone yelled, "He's getting a gun." After they had been in the office a few seconds; the gun went off. Samantha testified that she could see Tommy and Teresa standing in Tommy's office; she could not hear what they were saying, but Teresa did not seem to pose a threat to Tommy.

¶ 14. According to the 911 call log, a call came in at 8:06 and the caller reported that her husband had just shot her daughter. However, the call log indicated that the caller's name was Teresa Groover. When asked who called 911, Charee testified, "We did." Officer Blaine Stansell was one of the first officers to arrive at the scene. When he arrived, a lady in the parking lot was talking on the telephone, and he assumed she was talking to 911. Stansell entered the building, followed by three other officers. When he approached the office, he saw a female sitting on top of a male. She was straddling him, and they were struggling over a gun. Stansell identified the male as Tommy. He testified that they were sitting on the right side of the couch, and Tommy's back was against a shelf. Stansell testified that he took the gun away from Tommy, and then he noticed a second female on the couch who was "unconscious and bleeding from the abdomen."

¶ 15. Sergeant Laron Smith arrived at the scene as well. When he arrived, several officers were there already and several people were standing outside. Contrary to Officer Stansell's testimony, Sergeant Smith...