Goode v. State

374 So.3d 592

Derrick GOODE, Appellant

v.STATE of Mississippi, Appellee

NO. 2021-KA-01310-COA

Court of Appeals of Mississippi.

09/05/2023

BOLIVAR COUNTY CIRCUIT COURT, FIRST JUDICIAL DISTRICT, HON. CHARLES E. WEBSTER, JUDGE

ATTORNEY FOR APPELLANT: BRANDON ISAAC DORSEY

ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: ALLISON ELIZABETH HORNE

BEFORE WILSON, P.J., WESTBROOKS AND LAWRENCE, JJ.

LAWRENCE, J., FOR THE COURT:

¶1. A jury convicted Derrick Goode for the murder of Timothy Devine in Bolivar County, Mississippi. The Bolivar County Circuit Court sentenced Goode to serve life imprisonment in the custody of Mississippi Department of Corrections (MDOC). Goode filed a motion for judgment notwithstanding the verdict or, in the alterna- tive, a new trial and for reasonable bail pending appeal, which the circuit court denied. Goode appealed and raised the following issues: (1) the trial court erred by denying his motion for a directed verdict; (2) the jury’s guilty verdict was against the overwhelming weight of the evidence; (3) the, trial court erred by allowing certain photographs into evidence; and (4) the trial court erred by refusing certain jury instructions proposed by the defense. Finding no error, we affirm.

FACTS AND PROCEDURAL HISTORY

¶2. On March 8, 2007, the Bolivar County Sheriff’s Department responded to a shooting that occurred in Gunnison, Mississippi, outside of Club Amnesia. When EMS and responding officers arrived at the scene, they discovered Timothy Devine’s body lying on the sidewalk in a pool of blood. Devine had suffered gunshot wounds to the head, chest, and one thigh. Derrick Goode was quickly identified as the shooter by three eyewitnesses. On March 12, 2007, Goode’s attorney arranged for Goode to turn himself in to law enforcement. On August 25, 2008, a Bolivar County grand jury indicted Goode for the murder of Devine. Goode’s trial took place on April 9, 2013.

¶3. At trial, Michael Gadison testified that he went to Club Amnesia with his cousins Reginald and Wykevion. Gadison testified that on the night of the incident, March 8, 2007, he was standing on the curb outside Club Amnesia when he saw a "maroon" or "maybe purple Chevy" coming clown the highway really fast and then make "a California swirl." He said that "they did a swirl … looked like they were coming to do something" and that Goode was driving. He explained that Goode got out of the car first, and then "Main Boy" and two other guys got out of the Chevy. Gadison did not know the names of the other individuals. Gadison testified that Goode and the other two guys made their way through the crowd while he (Gadison) talked to "Main Boy" for a moment. Gadison testified that Goode went by the name "Doom."

¶4. Gadison testified that after speaking with "Main Boy," he went over to where Goode was standing. Gadison explained that Goode and Reginald were arguing and said Goode was walking around and "circled Reginald a couple of times, but Reginald was turning his back because he was kind of scared." He said that Wykevion "Key Key" Fortney¹ walked up, and Goode "jumped from Reginald to [Wykevion] and said[,] ‘Yeah, that’s my Chevy right there. I’ve got a brand new radio in that. Go ahead and steal that.’" Gadison said that Goode was cussing and "circling [Reginald and] kept pulling on the gun." Gadison explained that Goode was wearing a white shirt with brown khaki pants and that he (Gadison) "could see the gun" and "handle" through Goode’s shirt. He testified that Goode "kept clutching it [w]hile he walked around him, he kept clutching it. He kept gripping it … like he was gonna pull it. He did it about 15, 20 times[.]"

¶5. Gadison explained that when the victim Timothy "T" Devine² walked up and saw Goode arguing with his nephew Wykevion, Devine said, "Man, that’s my nephew you’re arguing with. This is Gunnison. You can’t come down here and be doing people like this." Gadison testified that Goode then walked over and started arguing with Devine. Gadison explained, "[T]hey both were facing me. I’m on the wall …. I know this guy’s got a gun[, and] … I didn’t come down here for that," so he left the wall and told Wykevion to open the bar. Gadison said he went inside the club to get a beer. He said he "stayed there about two minutes," and when he came back out he saw Goode at the door. Gadison testified that he was "face-to-face" with Goode, and "he had a strange look in his eyes." Gadison said he was nervous because "God told [him] to tell [Goode] what he brought [him] through." Gadison explained, "I said, ‘Hey, [Goode], what you’re about to do is you’re about to do black on black crime. One of y’all is gonna be in prison and the other one’s gonna be dead.’ … He looked at me. He listened" but went back through the crowd and started arguing with Devine again. Gadison said Goode was "steady clutching … still clutching, like he was gonna pull - - like he was gonna pull it." Gadison said he was "20 feet away … over by the post office," and Reginald and Wykevion were getting ready to leave when Goode and Devine started back arguing again.

¶6. Gadison testified that he asked another person with Goode, "What’s wrong with your boy?" before the, shooting occurred. He testified,

[B]y the time I could say that and he was walking toward me … I looked back, [Devine,] he spit … he went to do … a little side spit …. When he turned his back on Goode - - like they were face-to-face because he kept like he was fixing to pull it. He must have clutched it 15 or 20 times … when Devine went to spit … he spit and before he could come back around … ‘boom,’ hit him, shot him … he hit him one time beside the head. "Boom," the first shot.

Gadison was "standing right there … 20 feet [away]" and "took off running" when he witnessed Goode shoot Devine in the head. Gadison stated that he "ran down the hill like 20-30 feet" and "ran back" to check on Devine after Goode "jumped in the car and peeled off[.]" By the time Gadison reached Devine, "he was already dead. [Devine] was dead on the first shot."

¶7. Gadison also testified that Devine was wearing a cap and holding a "blunt in his hand" when he turned his head to spit, and Devine did not have a gun. Gadison said, "[T]hat first shot really killed him[, but Goode] kept riding him, though." Gadisoh heard "two, [maybe] three shots" after he saw the first shot that hit Devine in the head, and "they all went in him." During cross-examination, Gadison was confronted with the statement he gave Detective Thompson on the night of the incident. Gadison’s first statement did not mention seeing "Main Boy," Goode "allegedly driving down the street fast," Goode "clutching" a "gun 15 to 20 times," or Gadison seeing Goode shoot Devine. Gadison testified that he gave a second statement in July 2008 and explained again to the jury the sequence of events he witnessed on the night of Devine’s murder.

¶8. Keyanna Williams testified that he was hanging out with Reginald, Wykevion, and other guys on the night of the incident. Williams was sitting outside a store called "No Limit" when Goode pulled up. Williams explained that the store and club are "connected together." He said Goode drove a "like blue … kind of bluish - - - like purple bluish" Impala, and Goode parked his car in front of "No Limit." Devine came later with Brian Jennings and Tyrone Fortney. Williams testified that Goode came with three other guys and got out "like somebody in Gunnison supposed to [have] been robbing him."

Williams said Goode accused Charles Fortney and Casey Smith but Goode was talking to a crowd, "everybody that was there." Williams testified that Goode "had a little attitude" and was "clutching" on his gun "in his waist." Williams said Goode was "making it loud … talking loud so everybody can hear him," and "Timothy was telling him that - - ain’t, nobody trying to rob you, man. Ain’t nobody trying to rob you." Williams said Devine and Goode "kept arguing, arguing, and arguing," and every time Devine moved, Goode would "grab his waist." Williams testified that he saw the first shot when Goode shot Devine. Williams explained that Devine turned to spit, and Goode "upped the pistol and shot him." Williams saw Goode pull the gun and "took off" when he (Williams) heard the gunshot. He also testified that he heard "at least three or four" gunshots.

¶9. During cross-examination, Williams testified that he gave two statements regarding the incident. In 2009, Williams gave his first statement to Detective Thompson, and Williams did not tell Detective Thompson that he had seen Goode clutching a gun. Williams explained that he was just providing more details than what was in his statement because "you remember a little more as you go on because it still plays in your head no matter what." His second statement was taken in 2013.

¶10. Detective Thompson also testified. He was the chief deputy of the Bolivar County Sheriff's Department and an investigator in the First Judicial District of Bolivar County at the time of Devine’s murder. Detective Thompson received a call from dispatch "of a shooting on the main streets of Gunnison, across from the post office." When he arrived at the crime scene, "there was a large crowd of people … and a young black male - - that was known to [him] as Timothy Devine - - was laying on the sidewalk in front of one of the clubs on Main Street." Detective Thompson explained that when he arrived, EMS had been there, and Devine was deceased. Detective Thompson testified that "Derrick Goode, aka ‘Doom,’ " was a suspect. On March 12, 2007, Goode’s attorney called to inform the authorities that "he would be bringing Mr. Goode in to turn himself in" that day.

¶11. Detective Thompson also testified that he took photographs S-1(A) and S-1(B) on the night of the shooting. He explained that S-1(A) showed Devine "lying on the sidewalk on his left side … a pool of blood around his head[, and] … some blood run off the sidewalk down into the...