Godbolt v. State

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WILLIE CORY GODBOLT v. STATE OF MISSISSIPPI

No. 2020-DP-00440-SCT

Supreme Court of Mississippi, En Banc

March 7, 2024

DATE OF JUDGMENT: 02/28/2020

COURT FROM WHICH APPEALED: LINCOLN COUNTY CIRCUIT COURT, TRIAL JUDGE: HON. DAVID H. STRONG, JR.

ATTORNEYS FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY GREG SPORE HUNTER N. AIKENS

ATTORNEYS FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY ALLISON KAY HARTMAN ROBERT W. BYRD LADONNA C. HOLLAND

CHAMBERLIN, JUSTICE

¶1. Following a jury trial, Willie Cory Godbolt was found guilty of four counts of capital murder, four counts of first degree murder, two counts of kidnapping, one count of attempted murder and one count of armed robbery. For each of his capital murder convictions, the jury sentenced Godbolt to death. For his other convictions, Godbolt was sentenced to six life sentences and two twenty-year terms. From these convictions and sentences, Godbolt appeals. After a thorough review, this Court affirms Godbolt's convictions and sentences.

FACTS AND PROCEDURAL HISTORY

¶2. On March 8, 2018, a Lincoln County grand jury returned a twelve-count indictment for Godbolt. The indictment charged Godbolt with four counts of capital murder, four counts of first degree murder, two counts of kidnapping, one count of attempted murder and one count of armed robbery. Jury selection for the trial took place in DeSoto County from February 10-14, 2020. Godbolt's trial took place from February 15-27, 2020, in Pike County. The following facts were developed at trial.

I. Lee Drive Scene

¶3. On May 27, 2017, Godbolt dropped off his two children at Vincent and Barbara Mitchell's home on Lee Drive in Bogue Chitto. The Mitchells were Godbolt's in-laws. At the time, Godbolt and his wife, Sheena, were separated, and she was staying with Vincent and Barbara Mitchell-her step-father and mother. It was Memorial Day weekend, and the Mitchells were having a barbecue. Several other family members had gathered at the Mitchells' home on Lee Drive for the holiday celebration, including Tocarra May and Brenda May-Sheena's sister and aunt respectively-as well as Tamarya May-Sheena's niece and Tocarra's daughter. Throughout the day, Godbolt and Sheena exchanged their children-M.G. and C.G.-several times. Later in the evening, Godbolt texted Sheena and told her that he was coming back to Lee Drive to pick up M.G. and C.G. In the text exchange, Godbolt expressed how much he loved his family and how he wanted it to remain intact. Sheena responded that she no longer wanted to be with Godbolt because he had hurt her. Sheena said that she would call the police if he came back to the house. Despite this warning, Godbolt returned to Lee Drive to pick up his children.

¶4. Sheena called the police as soon as Godbolt arrived at Lee Drive. A little after 11:00 p.m., Amy Smith, a Lincoln County 911 dispatcher and operator, received the initial complaint asking for the removal of a person from the Lee Drive property; Smith dispatched Deputy William Durr, a Lincoln County Sheriff's Deputy.

¶5. At trial, Vincent Mitchell testified that Godbolt entered the Mitchells' home on Lee Drive that evening and said that he was there to get his children. Godbolt was told by members of the family that the children were asleep and that he could pick them up the next morning. Godbolt continued to insist that he take his children home. Vincent testified that the conversation was held at a normal level; Sheena, however, testified that Godbolt was loud and was not using "his normal voice." At this point, Deputy Durr arrived at Lee Drive. When Deputy Durr entered the residence, he asked Godbolt to leave the home. Godbolt told Deputy Durr that Vincent Mitchell was actually Godbolt. After ascertaining who Godbolt actually was, Deputy Durr once again asked Godbolt to leave the residence. Vincent testified that Godbolt seemed like he was going to comply with Deputy Durr. When Godbolt turned to leave, however, he faced Deputy Durr and pulled out a concealed gun. Godbolt then shot Deputy Durr in the face. Deputy Durr fell to the ground, and the other family members began to scatter. Godbolt began to shoot at the other family members in the house.

¶6. Sheena testified that she saw Godbolt move to the kitchen and begin to shoot at her aunt, Brenda May, although she did not see whether Brenda was hit because she was running away. Tocarra May was also in the kitchen. After firing off several shots in the kitchen, Vincent testified that Godbolt returned to the living room and shot his wife, Barbara Mitchell. At this point, Vincent ran to his bedroom and hid. Sheena also ran into one of the bedrooms-where her children were-to escape the gunfire. Sheena broke one of the windows in the bedroom and she and her children escaped the home, ran into the surrounding woods and hid.

¶7. Godbolt went to the door of Vincent's bedroom and began shooting through it. Vincent moved into the attached bathroom and called 911. While Vincent was hiding in the bathroom, he continued to hear shots being fired, both inside and outside the home. Meanwhile, Tamarya May was hiding in a car parked in the driveway. Tamarya's mother, Tocarra, had told her to stay outside when Deputy Durr had arrived at the house that evening. While Tamarya stood outside, she heard gunshots. Tamarya testified that she saw Godbolt exit the house while simultaneously shooting into the house. She then saw Godbolt reload his gun and enter the house again, and she heard several more shots fired. Tamarya testified that she saw Godbolt exit the house once more and retrieve another gun-"a big one"-from the trunk of his car. She then heard more gunshots coming from inside the house. By this time, Tamarya had hidden herself inside her mother's car in the driveway, and she called 911 at 11:49 p.m.

¶8. Deputy Timothy Kees with the Lincoln County Sheriff's Department also heard the dispatch call to Lee Drive to remove someone from the residence and was en route. Deputy Durr was closer to the scene, however, and arrived at Lee Drive first. When Deputy Kees arrived at Lee Drive, he parked behind Deputy Durr's patrol car and immediately heard "pop noises, [that] sounded like shots." As Deputy Kees exited his vehicle and began to approach the home, Godbolt exited the home and began shooting at him. The State introduced evidence of gunfire exchanged between Godbolt and Deputy Kees: numerous bulletholes punctured the cars parked at Lee Drive-including the car in which Tamarya May was hiding-leaving spent projectiles and shell casings. Deputy Kees attempted to make contact with Deputy Durr several times via radio and received no response. When Deputy Kees felt a lull in the gunfire exchange, he returned to the trunk of his own vehicle to retrieve his assault weapon, and he testified that he lost sight of Godbolt.

¶9. More officers responded to Lee Drive within a few minutes. Deputy Kees believed that Godbolt had retreated back into the home, and he relayed that information to the other officers. The scene was then treated as having "an armed, barricaded subject." Investigator Andrew Montgomery with the Lincoln County Sheriff's Department testified that he remained at the Lee Drive scene for five hours, during which time gas canisters were discharged into the home to try and smoke Godbolt out. After a few hours on scene, however, the officers became aware that Godbolt was no longer in the home and that there had been another shooting at a second location.

¶10. In fact, after the shoot-out with Deputy Kees, Godbolt had run into the surrounding woods and had arrived at Lapeatra Stafford's home at approximately Midnight. Godbolt knocked on Stafford's door and identified himself as A.C., her neighbor. Stafford opened the door and Godbolt pushed through. Stafford testified that Godbolt told her, "I done fucked up. I done shot the police." Godbolt was armed with two assault rifles, and he asked Stafford to drive him somewhere. Stafford testified that she was hesitant, but Godbolt raised the rifles in each of his arms in a threatening manner and so she agreed to drive him. Stafford testified that she was afraid of what would happen if she refused to comply since her three children were asleep in the house.

¶11. Stafford attempted to give Godbolt the keys to her van, but he insisted that she drive. Stafford got into the driver's seat, and Godbolt sat in the seat directly behind her. Stafford asked Godbolt where he wanted her to take him, and he told her to "just drive." After driving around for a while, Stafford and Godbolt parked behind a hotel in McComb, and Godbolt called his sister Shelly Porter. Godbolt told Shelly that he had messed up and had shot an officer, Brenda, and Barbara. Godbolt's sister set up a three-way call between Godbolt, her, and their cousin Johnny Hall, Jr., who was chief deputy of the Lincoln County Sheriff's Department. During the call with Shelly and Chief Deputy Hall, Godbolt told them that he "wasn't coming out of the house[,]" seemingly suggesting that he remained in the house on Lee Drive. After the call ended, Godbolt told Stafford that he had time because "[t]hey think that I'm in the house."

¶12. Godbolt and Stafford got back on the interstate and continued to drive around. They ended up at the home of Godbolt's close friend, Marvin Brumfield. Godbolt left his guns in Stafford's van and they went inside Brumfield's home. Godbolt, Stafford and Brumfield sat down and talked for a while. Godbolt told Brumfield that he had shot four people. Stafford testified that Godbolt spoke about how he was tired of people interfering in his marriage. Brumfield tried to convince Godbolt to turn himself in to the police. Brumfield testified that Godbolt seemed calm, if a little agitated.

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