The 2016 Mock Trial Case

Transcription

The 2016 Mock Trial Case
IN THE CIRCUIT COURT
OF FONDREN COUNTY
STATE OF MISSISSIPPI
v.
RICK(I) GRIMES
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No. 2016-MT
NOTE: All characters, names, events, places and circumstances in this mock trial case
are fictitious or are used fictitiously. Any resemblance to any person (living or dead),
place, thing or event is purely coincidental.
_______________________________
The 2016 Mississippi High School Mock Trial case, State v. Rick(i) Grimes, has been adapted
from the 2012 Georgia High School Mock Trial case, State v. Daniel/Danielle Capulet. The
Mississippi High School Mock Trial Committee would like to thank Georgia for making its case
available.
INTRODUCTION
This introduction is of no legal consequence in terms of the trial and is not admissible for
impeachment purposes or for any other purpose.
Daryl Dixon, a resident of Woodbury, was shot and killed while riding his Harley
Davidson Road King on Major Ulmer Road on May 16, 2015. Glen Rhee, Daryl’s best friend, was
on the bike with Daryl when the incident occurred. Rick(i) Grimes, the defendant, admits
shooting Daryl, but claims the motorcyclist was the aggressor. Rick(i) Grimes has been charged
with Murder, Felony Murder and Aggravated Assault in Daryl’s death. Rick(i) Grimes’ teenage
child, Carl(a), was an eye-witness to the shooting, as was Grimes’ neighbor Hersh(el) Greene
and Greene’s teenage child, Bet(h).
STIPULATIONS
1.
All exhibits included in the problem are authentic and accurate in all respects, and no
objections to the authenticity of the exhibits shall be entertained.
2.
Stipulations cannot be contradicted or challenged.
3.
The signatures on the witness statements and all other documents are authentic.
4.
The Charge of the Court is accurate in all respects; no objections to the charge shall be
entertained.
5.
Chain of custody for evidence is not in dispute.
6.
No demurrer to the indictment shall be allowed.
7.
The Introduction provided is of no legal consequence in terms of the trial and is not
admissible for impeachment purposes or for any other purpose.
8.
Exhibits 1(a), 1(b) and 7 fairly and accurately depict the item, scene, view, photo,
information and/or geography they purport to depict. These exhibits were compiled
and created by Officer Michonne Gurira.
9.
Exhibit 1, in its entirety, is a document kept in the ordinary course of business or as part
of the ordinary conduct of an organization or enterprise; it is part of the ordinary
business of that organization, business, or enterprise, to compile the data or
information; the information was made for the purpose of recording the occurrence of
an event, act, condition, opinion, or diagnosis that takes place in the ordinary course of
the business or enterprise; the entry in the record or the compiling of the data was
made at or near the time when the event took place; and the recording of the event
was made by someone who has personal knowledge of it.
10.
Exhibits 2, 3, 4 and 5 were recovered from the left saddlebag of Daryl Dixon’s
motorcycle and inventoried by the Fondren County Police Department.
11.
Exhibit 6 is a certified copy of the “Final Disposition Form” from the Circuit Court of
Fondren County.
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12.
The clerk of Fondren County Court has certified that Exhibits 2, 3, 4 and 5 were each
disposed by fines paid in cash on the following dates:
•
2 – paid $145 on 29 May 2013
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3 – paid $208 on 29 November 2013
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4 – paid $145 on 5 February 2014
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5 – paid $124 on 30 December 2014
13.
An autopsy showed that Daryl Dixon died as the result of two gunshot wounds to the
chest. The bullets recovered from Daryl Dixon’s body came from Rick(i) Grimes’ gun.
14.
The paint recovered from the rear bumper of Carl(a) Grimes’ Honda matched the paint
on the left rear saddlebag from Daryl Dixon’s Harley Davidson.
WITNESSES
The following witnesses are available to be called by the parties. Prosecution witnesses may not
testify or be called on behalf of the Defendant. Defense witnesses may not testify or be called
on behalf of the Prosecution. All witnesses may be female or male. See Rules 3, 5 and 12(f) for
more details on witnesses.
For the Prosecution
Officer Michonne Gurira
Glenn Rhee
Hersh(el) Greene
For the Defense
Rick(i) Grimes, defendant
Carl(a) Grimes
Bet(h) Greene
EXHIBITS
Teams in competition may use the following exhibits. They are pre-marked and are to be referred
to by number, as follows:
Exhibit No.
Exhibit Title/Description
1
Police Report with attachments 1(a) and 1(b)
2
Traffic Citation (Dixon) – 05/15/13
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Final Disposition Form (Grimes) – 08/20/14
7
Scene Diagram
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IN THE CIRCUIT COURT OF FONDREN COUNTY
BILL OF INDICTMENT
THE GRAND JURORS selected, chosen and sworn for the County of Fondren, to wit:
1. Ben Morgan
2. Tammye Brown
3. Bo Harwell
4. Marc Bryant
5. Matthew Allen
6. Lauren Lawhorn
7. Robert Parrott
8. David Weems
9. Mark Hosemann
10. Cody Bailey
11. Karen Howell
12.
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15.
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21.
Scott Jones
Katie Wallace
Lane Staines
Chris Fontan
William Drinkwater
Reed Nunnelee
Matthew Dowd
Jess New
Lindsey Watson
Andy Frame
COUNT ONE: MURDER (Miss. Code Ann. § 97-3-19)
In the name and behalf of the citizens of Mississippi, charge and accuse Rick(i) Grimes with the
offense of MURDER, for that the said Rick(i) Grimes, in the County of Fondren and State of
Mississippi, on or about May 16, 2015, did unlawfully and with malice aforethought, cause the
death of Daryl Dixon, contrary to the laws of the State of Mississippi, the good order, peace and
dignity thereof.
COUNT TWO: FELONY MURDER (Miss. Code Ann. § 97-3-19)
And the jurors aforesaid, in the name and behalf of the citizens of Mississippi, further charge
and accuse Rick(i) Grimes with having committed the offense of FELONY MURDER, for that the
said Rick(i) Grimes, in the County and State aforesaid, on or about May 16, 2015, did unlawfully
cause the death of Daryl Dixon, during the commission of a felony, to wit: aggravated assault,
contrary to the laws of the State of Mississippi, the good order, peace and dignity thereof.
COUNT THREE: AGGRAVATED ASSAULT (Miss. Code Ann. § 97-3-7)
And the jurors aforesaid, in the name and behalf of the citizens of Mississippi, further charge
and accuse Rick(i) Grimes with having committed the offense of AGGRAVATED ASSAULT, for
that the said Rick(i) Grimes, in the County and State aforesaid, on or about May 16, 2015,
assaulted Glenn Rhee with an object, device or instrument, which when used offensively against
a person is likely to and actually does result in serious bodily injury, to wit: a gun, contrary to the
laws of the State of Mississippi, the peace, good order, and dignity thereof.
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TRUE
Bill
Filed in office this 7th day of July, 2015
/s/
(Deputy) Clerk, Circuit Court of Fondren County, Mississippi
/s/
Foreperson
Defendant, on August 9, 2015, being in open court, pleads NOT GUILTY
Defendant
/s/
/s/
Attorney for Defendant
/s/
Prosecuting Attorney
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STATEMENT OF OFFICER MICHONNE GURIRA
1.
My name is Michonne Gurira, and I am currently employed with the Fondren County Police
Department. I have been with the FCPD for 7 years. I completed my required training at the Southern
Central Law Enforcement Academy in Sandersville in 2008 and have maintained my POST (Peace Officer
Standards Training) certification every year since. I was born and raised in Fondren County, and as a police
officer, I am familiar with many of the residents of our community. As you will see, I am very well trained in
many types of crime scenes and investigative techniques. I have served in the White Collar Crimes division,
Homicide, Counter Narcotics Team, and in Traffic Control division….in that order. Let me explain. No,
there is too much. Let me sum up.
2.
My employment history with FCPD may seem a little sketchy, but there is a reason for everything.
My first year with the force was spent in the White Collar Crimes division. I was involved in the famous
Thomas Reeves embezzlement case, but the district attorney complained to my superiors about the poor
quality and incomplete content of my police reports – the biggest complaints included not listing the fact
that certain witnesses were interviewed and sketchy narratives – and everybody thought it would be a
good idea if I went to another division. I don’t feel like I was a good fit there anyway…too many numbers
and not enough blood. As an aside, I heard from the officers who testified that Reeves was convicted, so
my reports must not have been too bad. In any event, I have had years of practice to hone my reportwriting skills, and I have become quite good at it. I haven’t had any complaints since those early days in
the White Collar Crime division.
3.
Another indication that the district attorney’s complaints were unfounded was the fact that my
transfer placed me in the Homicide division. I was promoted to corporal after only one year in that
division, and I eventually made detective. I really enjoyed my four years in Homicide because it felt like
“real” police work, and not just pushing paper and crunching numbers like in the White Collar Crimes
division. My proudest accomplishment was the work I did investigating the Mika Samuels murder. While
my Herculean efforts led to the conviction of Lizzie Samuels for the crime, I started to feel a real burn-out
after those four years. Thinking a change of scenery would help, I asked for a transfer.
4.
I then went to the Counter Narcotics Team. However, last year I was involved in a high profile “no
knock” search warrant raid. I ran point (first one in) as we entered the premises of two notoriously violent
drug traffickers, Gareth and Martin Terminus. It looked like Gareth (or Martin…they are twins so I can’t tell
them apart) was lifting a weapon, so I fired. I hit Gareth (or Martin) in the arm. It turns out that Gareth (or
Martin) was only holding a television remote. Although Internal Affairs and the Deadly Force review
exonerated me, I was told that the Chief was drawing a lot of heat because of the incident. I understood
the need for the transfer, but I lobbied to go back to Homicide. Instead, my status as detective was
“suspended pending further action” at the beginning of 2015, and I was reassigned to the traffic control
division until things cooled off. I fully intend to prove myself worthy of returning to Homicide.
5.
On May 16, 2015, I was assigned to traffic patrol/radar operation on westbound Highway 26. I
started my shift at 1100 hours, and at 1700 hours, I was instructed to set up a stationary radar position on
the side of the divided four lane highway. It had been a beautiful day and the setting sun was very
impressive in the clear sky. The posted speed limit for that stretch of road is 45 miles per hour. I wrote no
tickets that day, and for good reason – my squad car was positioned in a location that was highly visible for
several hundred yards either way. I do recall a red Honda and a Harley Davidson Road King motorcycle
passing me at about 1950 hours. It was memorable for two reasons. First, the passenger of the red Honda
gave me a friendly wave while the driver waved and honked. Second, the car was closely followed by a
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very, very loud motorcycle…you know, the kind where the owner has modified the muffler so as to attract
attention? I thought about activating my blue lights and advising the motorcycle driver that it sounded like
his muffler might be in violation of the city noise ordinance, but since we were not in the city I figured I
would let it slide. Besides, since neither one of them were speeding or driving erratically (both were
driving in the right lane), I resumed monitoring traffic.
6.
A few minutes later, I received a call from dispatch about a shooting. The neighborhood was just a
mile down the road from my position, so I advised I was en route. Upon my arrival at 98 Major Ulmer Rd., I
could see at least two injuries in the front yard, so I called EMS to confirm that they were needed (they
were already en route as well). I also called for backup. As soon as I exited the squad car, I was
immediately accosted by Rick(i) Grimes, who had walked over from his/her driveway beside a red Honda
and was emphatically telling me “they tried to kill my kid, and they were coming for me, too.” I asked
him/her to remain calm while I evaluated the scene. I saw a motorcycle (the same Road King I saw earlier)
on its side in the front yard, with the two passengers lying on the grass nearby. One individual (later
identified as Glenn Rhee) was sitting up and holding his/her right arm with a dazed expression. The other
individual (later identified as Daryl Dixon) was lying on his back in a pool of blood with what appeared to be
two gunshot wounds to the chest.
7.
Once EMS arrived, I approached Rick(i) Grimes. As I approached, s/he restarted his/her near manic
assertion of self-defense. I calmed the individual and asked him/her to tell me what happened from the
beginning. Grimes said s/he received a panicked cell phone call from his/her only child Carl(a), saying that
some maniac on a motorcycle was trying to run his/her car off the road for absolutely no reason. S/he
advised him/her to drive straight home. Grimes then said s/he retrieved his/her Glock 22 and stepped in
the front yard "just in case there was trouble." I asked about the location of the Glock, and Grimes pointed
to a large azalea bush in the yard. I found the Glock hidden in the bush and bagged it as evidence.
8.
I returned to Grimes (who was shading his/her eyes due to the setting sun) and asked if we could
continue talking at the location where s/he was standing at the time of the shooting. We walked over to
a spot about 20 feet away from the azalea bushes near the mailbox. Grimes continued describing the
event by telling me his/her child pulled into the driveway and screeched to a halt with the motorcycle close
behind, passing the driveway and traveling toward the dead end of the street. Then Grimes saw the
motorcycle pass the house and make a sharp u-turn at the north end of the street, heading back towards
the Grimes house. When the teenagers exited the vehicle, Grimes could see that Carl(a) was in hysterics,
as was the passenger (later identified as Bet(h) Greene). According to Grimes, the motorcycle then left the
road and began heading right for him/her at a high rate of speed. That is when s/he fired two shots in selfdefense.
9.
Grimes was then taken by forensics for gunshot residue testing and fingerprinting. I inspected the
area around where Grimes claimed to have been standing at the time of the shooting, and I found three
spent .40 caliber casings. However, they were found in a straight line between the mailbox and the azalea
bush, as if the shooter were mobile. Incidentally, the third bullet was never recovered. I then approached
the motorcycle. Judging from the tread marks in the grass it appeared the motorcycle had left the road,
entered the neighbor’s driveway (later identified as belonging to Hersh(el) Greene) and had driven into the
grass of the adjoining yard. However, those same tread marks showed that the motorcycle was not on a
path headed towards where Grimes was standing. The marks were not straight at all, and judging by the
depth they appeared to be made in an attempt to stop the motorcycle once it left the driveway. The tread
marks were also touching the driveway, which suggests that the motorcycle was not traveling as fast as
Grimes had previously stated. The curb was built in such a way that the motorcycle would have been
airborne for several feet if it had been heading for Grimes as s/he described.
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10.
I then spoke to Carl(a) Grimes, the driver of the red Honda. Carl(a) stated that s/he and his/her
next door neighbor, Bet(h) Greene, were on their way home from Big Box when the motorcycle began
menacing them for no reason...Carl(a) suspected that it was something that might have happened in
traffic. In fear for his/her life, s/he then sped home and called Defendant asking for help. Carl(a) stated
that Defendant said "if they follow you home, I'll take care of them." I asked if s/he ever had the
opportunity to seek police protection on the way home, and s/he said no.
11.
I then spoke to Hersh(el) Greene, Grimes’s neighbor. Greene said that s/he was in the garage with
the door open when s/he heard a car screech into Grimes's driveway. Then Greene heard an increasingly
loud motorcycle muffler approaching. S/he then heard what sounded like a gunshot as the motorcycle
passed. By the time Greene finally got to the driveway to look out, two more shots rang out and s/he then
saw the motorcycle lose control and crash into Grimes's yard. Greene never actually saw Grimes shoot,
but insisted the shots came while the motorcycle was still in the street. I asked to speak to Bet(h), but
Greene refused to allow me to speak to him/her. I could see someone peeking out from behind the
curtains, but did not pursue the matter.
12.
My follow up investigation involved three things. First, I reviewed the route taken by the car and
motorcycle that day from Big Box to the Grimes house, and I determined that both drivers passed a State
Patrol post located on Hwy 26, approximately 0.75 miles from Big Box, in addition to my traffic/radar post
on Hwy 26. Second, I noticed a small amount of black paint on the rear bumper of the red Honda that
seemed to match the black paint on the left rear saddlebag of the motorcycle. I asked forensics to take
samples of the paint to see if they matched. And finally, I spoke with the Defendant again and asked about
the three shell casings I found, reminding him/her that s/he told me about only firing two shots.
Defendant looked at me sheepishly and said, "That might have been the warning shot." I then arrested
Defendant for murder.
WITNESS ADDENDUM
I have reviewed this statement, and I have nothing of significance to add at this time. The material
facts are true and correct.
Signed,
________/s/________
Officer Michonne Gurira
SIGNED AND SWORN to me before 8:00 AM on the day of this round of the 2016 Mississippi High School
Mock Trial Competition.
/S/
Annaleigh Armstrong, Notary Public
State of Mississippi
My Commission Expires: 05/01/2016
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STATEMENT OF GLENN RHEE
1.
My name is Glenn Rhee. I am 20 years old and a sophomore at Flagship University. I am lucky to be
alive after what happened on May 16, 2015. That was the day my friend, Daryl Dixon, was killed by Rick(i)
Grimes. As long as I live, I will never forget what happened that day, and if there is any justice in this
world, Grimes will go to jail for the rest of his/her life for killing Daryl in cold blood.
2.
Daryl and I had been friends since our freshman year at Fondren County High School. If you knew
Daryl at all, you knew the one thing that he truly loved was his 2008 Harley Davidson Road King. He kept
his bike spotlessly clean and polished, and he was always working on it during his spare time. He made
modifications to the engine and muffler so that it could really go, and you could hear that bike coming
from blocks away. Yeah, that bike was Daryl’s pride and joy, and I would get on the bike behind him and
we would cruise around town. Daryl was an excellent driver and would never do anything reckless or
aggressive to endanger his precious Road King.
3.
On May 16, 2015, I had recently finished up my freshman year at Flagship and returned home to
Woodbury for the summer. I had gone over to Daryl’s house to visit with him, and he told me that he
needed to run an errand. I said I would go with him, and he said he was going to Big Box to do a follow-up
interview for a summer job, so he would have some money for college in the fall. Daryl wanted to make a
good impression, so he was dressed in his best leather vest and jeans. We put on our helmets, and I
climbed on the bike behind Daryl. We then drove off to Big Box for Daryl to talk to the manager in the
automotive department. When we got to Big Box, Daryl went to the customer service desk and told the
lady he was there to meet with Mr. Smith. She directed him to the automotive department, and I told
Daryl that I would be in the electronics department until he was done. When I got to electronics, the store
was having some big “to-do” over the release of a B.B. Rex tribute CD. The store was nearly sold out of the
CD. In fact, there was only one copy left on the end cap, and I had picked it up out of curiosity and was
looking at it when some little punk snatched it out of my hands and ran off. I was a little shocked, and I
think I yelled “Hey you” or something, but I didn’t try to follow him/her or anything. After all, I wasn’t
planning on buying the CD or anything anyway. I don’t even like delta blues music – that is so 2000.
4.
I continued browsing the CD’s and DVD’s for about 30 minutes until Daryl came and found me. He
had a big grin on his face and gave me a high five and said that he got the job. Daryl had been offered a
position in the automotive department which was really cool because he could get an employee discount
on stuff for his bike. It looked like we were all set for a great summer and then, that’s when everything
went terribly wrong.
5.
We were leaving Big Box and got on Daryl’s bike to head back to Daryl’s home to eat dinner. Daryl
had started the engine and walked the bike backwards into the lane between the parking spaces. As soon
as I got on the bike, we felt a bump. A red Honda had backed into Daryl’s bike and dented the saddlebag.
There were two people in the car, but I didn’t recognize either one of them. I now know that the driver
was Carl(a) Grimes and the passenger was Bet(h) Greene, the little punk who snatched the CD out of my
hand in the store. I don’t know whether they felt the collision or not. They couldn’t have heard anything
over the engine noise from the bike plus they had B.B. Rex’s music blaring so loud you could hear it outside
the car. We yelled and waved trying to get their attention, but the red car just sped off instead. Daryl
angrily yelled to me “come on, let’s get ‘em” and so we set off to catch them.
6.
A few blocks away, we first caught up to the red car at a red light. Daryl pulled up beside them and
banged on the window with his fist to tell them to pull over and stop. However, the driver and the
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passenger made some sort of hand gesture in our direction and sped off again when the light turned green.
This angered Daryl even more, and he gunned the bike to catch up to the car. We chased the red car for, I
don’t know, five miles or more as we headed out of town. Daryl tried to pass the red car several times to
get in front of it and force it to stop, but the red car always moved over to prevent Daryl from passing. I
admit it was a pretty scary chase because we were often going 20 miles an hour or better above the speed
limit, and Daryl was inches from the back bumper of the car for much of that time. I could tell Daryl was
angry because he was shaking his fist at the car, and I think I saw him make at least one obscene gesture.
The kids in the red car knew Daryl was trying to get them to stop, too, because the driver and the
passenger were both making obscene gestures at Daryl. Mainly, though, all Daryl was doing was gesturing
for them to pull over. I didn’t realize it at the time, but we apparently drove past a police officer running
radar. Why s/he didn’t pull everyone over, I’ll never know because the Honda was driving recklessly. I
wish s/he had because it would have saved Daryl’s life.
7.
We were headed out of town when the red car turned left into a residential area. It went about
100 yards or so and suddenly turned right into a driveway, and I noticed someone (I now know it was
Grimes) standing by the mailbox and yelling “pull over.” Daryl went past the house about another 50 yards
and turned around in the roadway because the street was a dead end. As we approached the house again,
the driver and the passenger had each gotten out of the Honda and were standing in the driveway making
an obscene gesture with their hands. Daryl gunned the engine and the engine made an ear-splitting noise.
Strangely, Daryl’s bike started to go up into the yard of the house where the car had stopped. Then,
suddenly, the bike fell over towards the right and crashed sending Daryl and me tumbling. I felt a sharp
pain in my right arm from bones being broken in the crash. I had scrapes and bruises, too, and I was in
pain, but I was alive. Dazed and confused, I sat up in the yard and held my injured right arm to my body.
Then, I saw Daryl laying a few feet away on his back in a giant pool of blood. My friend had been shot
twice in the chest. Grimes, who was standing by the mailbox at the end of the driveway, had shot Daryl
twice with a big black handgun.
8.
I should have helped Daryl, but I was so scared that I scrambled to my feet and started to run away.
I didn’t know if Grimes was going to shoot me, too. I ran towards the next house and Mr./Ms. Greene
grabbed me and sat me down on the lawn. Seconds later, it seemed like police and ambulances were
everywhere. As the EMTs put me into the ambulance, I could see across the way other EMT’s working on
Daryl. Little did I know at the time that there was nothing they could do for him. I was taken to Fondren
Regional Hospital to have my wounds cleaned and my right arm set in a cast. Daryl’s body was also taken
to Fondren Regional Hospital where he was pronounced dead on arrival. My friend was gone.
9.
Carl(a) Grimes and Bet(h) Greene were the ones responsible for all of this. We didn’t have any
weapons, and we didn’t go to Big Box looking for trouble, and this had nothing to do with a stupid CD.
Grimes and Greene hit Daryl’s bike in the parking lot of Big Box and wouldn’t stop. Then they egged Daryl
on, cutting him off with their car and making insulting hand gestures. They weren’t in any real danger, and
they knew it. After all, what could we do? They were in a car, and we were on a motorcycle. If they really
thought they were in danger, we drove past a police car and past a police station on the way out of town.
They could have alerted the officer, pulled into the station or used their cell phones to call the police.
Instead, they called Grimes who was waiting to ambush us at the mailbox with a gun. Daryl was giving up
and leaving the neighborhood when he was shot. It was a trap, and it was cold-blooded murder, I tell you,
plain and simple.
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WITNESS ADDENDUM
I have reviewed this statement, previously made by me, and I have nothing of significance to add at this
time. The material facts are true and correct.
Signed,
/S/
Glenn Rhee
SIGNED AND SWORN to me before 8:00 AM on the day of this round of the 2016 Mississippi High School
Mock Trial Competition.
/S/
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STATEMENT OF HERSH(EL) GREENE
1.
My name is Hersh(el) Greene. I am 53 years old, and I am the parent of Bet(h), who was in the
car with Carl(a) Grimes on the night that Daryl Dixon died...unfortunately. This is my second family.
My first spouse and infant child died in an automobile accident while I was serving in the military
overseas, in the late-'70's. I am fairly protective, I guess, and I've forbidden Bet(h) from riding in the
car with Carl(a) Grimes because I just don't trust him/her. I suppose what happened that night
validates my prejudice. I have to believe this could all have been avoided somehow. They didn't even
call me... or the police; they called that hothead Grimes. I've tried to keep Bet(h) and my whole family
away from that family's bad influence, but we're next-door neighbors on Major Ulmer Rd., so I guess
it's inevitable that Bet(h) and Carl(a) would associate. In my opinion, Carl(a) (Heaven help him/her)
brings out the worst in people: the poisoned apple doesn't fall far from the tree.
2.
Yes, we're neighbors with the Grimeses. I came out of the military with some good skills,
started to build a reputation with a repair shop here in Woodbury and then took out a loan to start my
own small business when the local economy looked promising. It's been up and down, of course, but
we've managed to do well enough to provide Bet(h) with opportunities in life I just don't know how
we'll manage with the budget cut-backs in scholarships, but I suppose Bet(h) will find a way through to
a career, now, just as I did myself, back then. I just don't know how the shooting will affect that. In any
case, we bought the home on Major Ulmer Rd. about ten years ago and found ourselves neighbors
with Rick(i) Grimes; the experience hasn’t been an unmitigated pleasure!
3.
First, there was the incident with the shrubbery. We hadn't sprung for a new survey when we
bought the property, and I really didn't know my hedge was on the neighboring property (it turned out
that the hedge was on the Grimes’ property…). I also didn't realize the fairly-elaborate hedge
concealed a wire fence and that it was the fence that kept our dog Coop in our yard. I just assumed
that the obedience training course had really worked with Coop. So, when I came home to discover
my hedge destroyed without any warning beyond a curt note from the law firm closing the Grimes'
refinance received after the deed was done telling me that the hedge and fence were on Grimes’
property and that s/he was taking it down... well. It was a very expensive hedge, and I wished we
could've settled things without nearly coming to blows. It was after that, when Bet(h) was still young,
that I first told him/her to keep away from our neighbors; Rick(i) Grimes scared me then and still does.
The bad blood continued.
4.
Considering that it was really Rick(i)'s own fault that Coop strayed onto their property (because
s/he'd torn down the barrier), I just didn’t see the logic in his/her anger about the wandering dog.
Regardless, though, we tried to keep our Coop under control. Soon after Coop started wandering into
their yard, I actually saw Grimes’ pistol for the first time. No, I don't know if it's the same one. I know
that it's not actually illegal to brandish a gun around on your own property, if you're not directly
threatening, and Coop was technically trespassing. I was dismayed when he pointed the weapon at
Coop and said “pull” as if Coop were a clay pigeon. We called the police, but there wasn't much the
police could do. In the end, Coop got out again one night and wandered into the Grimes’ yard. A few
days later, Coop’s body was found behind a trash dumpster in Fondren Village Square. We never knew
how or where Coop died, but the vet said his wounds looked like they could have been made by a
bullet or possibly a coyote.
5.
Next there was the incident with the garage door. The garages in our neighborhood face the
street and the color the Grimes painted their replacement door looked like the "approved" color but
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wasn't. It's a fact of suburban life that people willing to serve on a homeowners' association
architectural and aesthetics committee are disproportionately... shall we say, "controlling." This time,
when the officials' nasty note (which, I presume, contained the usual threat to have remedial changes
made and charged to the homeowner if a deadline isn't met) was followed by a site visit to the Grimes
house, Rick(i) Grimes accompanied his inappropriate dialogue with the display of his/her sidearm to
sufficiently attract the attention of the Woodbury police (or maybe the committee has more influence
than our dog), and a citation was issued. The door was repainted as part, I believe, of resolving that
citation and (I think) that the police department eventually returned Grimes’ gun. I wasn't involved in
the situation (except as an involuntary bystander), so I can't speak authoritatively.
5.
On May 16, 2015, Bet(h) had gone out (actually, that afternoon) and wasn't expected home
until later: about dusk. I was at home, working on my ship's models, in the spare garage bay, and my
spouse was assisting our younger child with the computer in the back family room (we believe in
monitoring access to social networking and the like). I had the first garage bay open for ventilation
since it was warm with the sun pouring into the garage through the open bay door and through the
little windows at the top of each of the other two doors. There are three bays in our garage. The 3rd
bay is set up as my workshop and that door was closed to limit dust. Even through the closed doors,
the noise of approaching vehicles, complete with very loud music, very fast squealing of the tires and
the distinctive growl of a motorcycle’s exhaust, was noticeable. Loud popping sounds echoed in the
garage. I could see lights bouncing around erratically from the south end of Major Ulmer Rd. through
the sheer curtains on the side window of the garage. I heard two car doors (of what must have been
Carl(a) Grimes’ red Honda) opening and slamming shut next door, and then I thought I heard laughter.
Putting down my craft knife, I rose from my bench and began to navigate my way through my
workshop, around my spouse’s car parked in the 2nd bay and toward the driveway. As I began to exit
the open garage door, my attention was captured by the motorcycle’s leather-clad driver and by more
growling pops. The driver was wearing a full, glistening, "Darth Vader"- type helmet, and I noticed
another figure on the back of the motorcycle as it sped past me heading north, then U-turned
(somehow) in the middle of Major Ulmer Rd.
6.
The reports from the motorcycle’s muffler were booming as it headed back in the direction of
the Grimes’ house. I had just stepped out of my garage and into the driveway when I heard Grimes yell
“PULL!” followed by three loud, rapid reports that sounded like they were coming from my left rather
than from the motorcycle. I quickly glanced in the direction of the sounds wondering what it had been,
but the now erratic movement of the motorcycle recaptured my attention almost immediately. It left
the road, entered my driveway, and then dug a trench into the Grimes’ yard. A pristine, manicured
lawn is one of Rick(i) Grimes’ pride and joys, so I remember thinking: this episode (like the episodes
with the hedge and the paint) was going to leave a bad mark (pardon my pun) on our usually-quiet
street. I had no idea the aftermath would be what it was, although in retrospect, I should've
anticipated that Grimes, the local hot-head, would blow his/her top someday. By the time I was all the
way out into the middle of my driveway and the motorcycle was on its side between the houses,
Carl(a) was nearly inside the Grimes house and Bet(h) was headed towards ours. I also saw Rick(i),
standing by his/her azalea bush with a pistol in his/her hand. I yelled for someone to call 911, and I
headed towards the victim closest to me. I assisted the bike’s passenger, who had been thrown clear,
grabbing Glenn Rhee (as I now know it was) as s/he stumbled towards me. I then looked towards the
motorcycle and saw the driver’s body thrown flat on the ground: Daryl Dixon.
7.
Maybe my spouse (who did try 911) or maybe someone else on the street alerted the EMTs and
police -- it had been very noisy. By the time my own thoughts cleared (it's been a long time since the
military and I was "support," not under-fire) and I realized I should call in the emergency, help was
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there. (Fondren County, whatever its faults, takes serious things seriously). I tried to comfort Glenn,
especially as it became obvious that nobody could help Daryl. As soon as the police had questioned
the Grimeses, then me, I went inside our home... very grateful to be alive.
8.
So, yes, I saw that hothead, Rick(i) shoot Daryl Dixon... – well, not actually “saw”; I wasn’t
looking straight at Rick(i) when I heard those shots, but I know s/he fired that gun at the motorcycle.
As for the police wanting to question my Bet(h), I saw no need. I sent Bet(h) inside. I could tell by the
look in Bet(h)’s eyes that police interrogation would have been preferable to my discipline. Bet(h) has
been forbidden from associating with Carl(a) Grimes because Carl(a) can’t help but get into trouble.
After the events of that Saturday, what more proof do I need?
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WITNESS ADDENDUM
I have reviewed this statement, and I have nothing of significance to add at this time. The material
facts are true and correct.
Signed,
________/s/________
Hersh(el) Greene
SIGNED AND SWORN to me before 8:00 AM on the day of this round of the 2016 Mississippi High
School Mock Trial Competition.
/S/
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STATEMENT OF RICK(I) GRIMES
1.
My name is Rick(i) Grimes. I am 40 years old. I have been married to my spouse since the
summer after we graduated from Fondren County High School. I am the lead technician at the
Alexandria Cabinet Shoppe. I am in charge of 12 employees in the manufacture of all types of
cabinetry, you know like for kitchens, bathrooms, and such.
2.
I have worked here since high school. Back then, it was a small specialty cabinet shop with the
owner working alongside the rest of us. After our website was up and running, things really took off. I
have been promoted and advanced over these past 23 years, so I never felt the need to go to college.
Instead, I attended the school of “hard knocks.”
3.
You know how good fences make good neighbors? There isn’t a fence big enough to help with
those Greenes next door. They seem a bit slippery to me, not genuine. Like the time that Hersh(el) got
in my face over his/her silly shrub. Who would install a supposedly expensive shrub on someone else’s
property? It makes no sense. I know where the boundary lines are for my property. I maintain my land
to the best of my ability with the resources I have available. Why can’t Greene do the same? Can you
believe Greene threatened legal action over the shrub? I guess that later s/he realized how fruitless
that would be given that the shrub damaged my property.
4.
Greene is retired military and is constantly reminding us of that fact (s/he brings it up every 2
minutes). Personally, I don’t see how that has made any difference, but s/he seemed to think that it
makes him/her better than the rest of us, even those of us with more experience handling weapons. I’ll
admit it, we don’t get along, never have. Greene just rubs me the wrong way.
5.
Yeah, so, Hersh(el) and I have had words, but when push comes to shove, s/he always backs
out. I, on the other hand, have no problem with fisticuffs when needed. I don’t go around looking for
fights, but I will not be a coward when the time comes to stick up for myself or my family. To this day I
am sure that it was that nosey Hersh(el) Greene who raised the issue of the color of my new garage
door. I took advantage of the 2012-2013 special tax credit for installing an insulated garage door with
triple pane glass inserts. In order to get the best door possible, for the price I could afford, I had to buy
a metal door. I matched the color of the new garage door as closely as possible to the color scheme of
the house, but it was apparently slightly off. Greene has a friend who is on the board of directors of the
neighborhood aesthetics control committee. They came after me like I had installed a heliport in my
front yard. I mean, really, it was only a shade or two off of the approved paint color. In the end, I had
to buy special paint that was custom tinted in order to paint the garage door to match the house. That
was less expensive than repainting the whole house. It was quite a hassle, and I am sure that Greene
was behind it all.
6.
Unfortunately, we live in the same neighborhood. We also have kids that are about the same
age. I have one child, Carl(a), and s/he is the light of my life. Carl(a) is very bright and is able to make
friends easily. Carl(a) had even befriended that Bet(h) Greene. I have never encouraged their being
friends. So far as I can tell, it is a recent development. I don’t know how it started, but they seem to
spend all their time at the skate park or the Mall. I may not like it, but Carl(a) has a right to pick his/her
friends as well as learn from his/her own mistakes.
7.
We had a family reunion gathering in our back yard last June. There were Grimes from all over.
We had a big time grilling out, playing games, and reminiscing. A few of us wanted to go to the skeet
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shooting range that I belong to, but by the time we got the group together, it would have been too
late. We decided to shoot off some fireworks in the back yard, instead. We had a few Grimeses visiting
from Tennessee who brought along a fine assortment of fireworks. I guess that things got a bit rowdy
because the police come over to the house that evening. Not only did they confiscate the remaining
fireworks, but I was arrested for discharging my Remington Model 1100 shot gun in my zeal to celebrate
the occasion. They made me take a breathalyzer test. While I had consumed several alcoholic beverages
throughout the day, I did not think that I was that bad off, until I saw the results. Now I do remember
playing a little joke on the responding officer when I said that my name was Rick(i) Ross instead of Grimes.
Apparently the officer had no sense of humor, because he added that to the list of charges! In the end, my
lawyer negotiated a plea of guilty for discharging my weapon while intoxicated and the name thing. They
dropped the charge of cruelty to animals because, frankly, I don’t remember aiming at that mangy dog
Coop from next door. You can believe me when I say that I have not had a sip of alcohol since that day.
8.
I had spent the day out on the skeet shooting range with a few friends on Saturday, May 16th. I’d
had a good day of shooting skeet. For the last 15 years, I have belonged to a National Skeet Shooting
Association (NSSA) endorsed club that operates a skeet shooting range just outside of Woodbury. We
walk a course and get to practice shooting at different types of shots, from different ranges and
trajectories. It is quite challenging. On that day, I shot 100 rounds of ammunition. I joined the NSSA
endorsed club because I love to shoot (“PULL!”), but have had trouble in the past with shooting at small
game. I don’t understand how it is a crime for me to shoot at small game that is on my land just like our
ancestors did 250 years ago when the Fowler shot gun was first introduced. Last year, Hersh(el) Greene
accused me of killing their runt dog called Coop. That shrimp of a dog was constantly using my yard as
a toilet. I spend a good deal of time, money and effort trying to make my home look nice. Then this
twerp of a dog urinates and burns the grass. I have yellow burned grass in the front and back yards. I
constantly had to scare that rangy mutt off. I know Greene blamed me, but that dog didn’t die of a
gunshot, did it?
9.
I was in my house cleaning my Remington Model 1100 shot gun on the evening of May 16, 2015
when I received a panicked phone call from Carl(a) that some guys on a motorcycle were following them.
Carl(a) is on the tough side, like me, so to receive this phone call was quite out of character for Carl(a).
S/he did not go into any details other than their fear for their lives and serious need for help. It was hard
to make out what s/he was saying because Bet(h) was talking, too, I guess to Bet(h)’s parents. I quickly put
the shot gun into my gun safe and got the Glock 22 out of my bedside table, immediately heading to the
front of the house. I walked out onto the front stoop into the cool May evening air.
10.
I waited at the end of the driveway by the mailbox for about two minutes. The quiet sound of
crickets was suddenly broken by a really loud noise followed moments later by the sight of our car
speeding down the long straightaway to the front of our house. I could just make out down the street to
my left where the motorcycle was attempting to overtake the car. It did not appear as though the
motorcycle driver was fully in control of his vehicle. He was careening down the road first on the left
side of the car, next he was behind the car, then on the right side of the car, all in an attempt to ram
into my kid’s car or to drive Carl(a) and Bet(h) off of the road.
11.
I stepped from the driveway into the yard next to the mailbox and told Carl(a) to pull into the
driveway. Carl(a) and Bet(h) immediately got out of the car and ran over to me, both blabbering their
explanations about the crazed motorcyclist. I could barely make out any of their words over the loud roar
of the motorcycle. The motorcycle had driven past the house, and then turned around at the dead end.
He accelerated right towards us! The deranged motorcycle driver jumped the curb in front of the Greene’s
house and lurched through the front yards. That bike was aimed right at our small group. I could not
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make out who was driving the motorcycle because of the helmet with a chin guard and full face protector.
I saw the motorcycle passenger’s arm move, and then I heard a noise that sounded like a gun shot. In fear
of being shot by the passenger or being hit by the motorcycle, I balanced my stance and fired at the driver
of the motorcycle two or three times. It was the only way to stop him. I am sorry that Daryl Dixon died
that night, but it was his own fault. I was merely defending myself and the lives of Carl(a) and Bet(h).
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WITNESS ADDENDUM
I have reviewed this statement, previously made by me, and I have nothing of significance to add at
this time. The material facts are true and correct.
Signed,
/S/
Rick(i) Grimes
/S/
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STATEMENT OF CARL(A) GRIMES
1.
My name is Carl(a) Grimes. My friends and Snapgram buddies call me Carl(a). I graduated from
Fondren County High School in the spring – Class of 2015. Over the summer, I decided to take a year
off before going to college or whatever, so I’m currently hanging out at my parent’s house in the Reese
Creek subdivision. My mom/dad, Rick(i), is a cabinet maker, and s/he has something of a temper. For
about as long as I can remember, mom/dad has had an ongoing problem with our neighbors, the
Greenes. I’m not sure about all of the details, but they used to have this ratty little dog named Coop
that used our yard as its toilet. Thank goodness the beast kicked the bucket a few years back. Mr./Mrs.
Greene still thinks that mom/dad killed him.
2.
Growing up, I never talked to Bet(h) Greene. We just never seemed to have anything in
common, but last year after the annual Fondren County-North East High football game, I found myself
in a fight in the parking lot, and Bet(h) was on my side of the fight. It was just some screaming and
yelling about who had the better team, and I thought it was pretty obvious since we crushed them 300, then some idiot threw a punch, and I wasn’t going to take that lying down. I guess I have a bit of a
short fuse myself. Anyway, Bet(h) and a bunch of us fought them off, and we’ve been really tight ever
since.
3.
Our parents never liked us to hang out, but after my car got wrecked in December, Mr./Mrs.
Greene said Bet(h) couldn’t spend any more time with me. I really don’t get it, since the “wreck” was
just me backing out of the garage into the basketball goal. Mr./Mrs. Greene said it showed I was
irresponsible. If s/he only knew half the stuff that Bet(h) has done! Anyway, Bet(h) and I have taken to
spending time together at school, on Snapgram, and texting pretty much all day.
4.
May 16, 2015 was different. Bet(h) texted me that afternoon to go to the skate park. Turns out
we are both really into boarding, so we took our Santa Cruzes and did a little half pipe. The skate park
doesn’t really have anything super cool, but the drop pin for the half pipe is 60 degrees. Takes some
guts to get up there, but you can really pick up some speed. Bet(h)’s board got damaged when s/he
tried to do a 720, guess s/he thought s/he was Eugene Porter or something, so we went to the Big Box
to try to get her/him some new trucks. There really wasn’t much cool stuff for skateboards at the Big
Box, definitely nothing like Element trucks, so we got into my car to go home.
5.
I drive this really old red Honda Civic that my mom/dad gave me. The only good thing about it
is that I’ve rigged a system that will play my iPod through these awesome Bose™ speakers and
subwoofer. As we were leaving the Big Box, I cranked up that “School Blues” song by B.B. Rex which
really fit my mood because we were graduating in a week. Bet(h) and I were basically shouting the
lyrics when I put the car in reverse. Then I felt this tiny bump (nothing like the thing with the basketball
goal). I looked back and saw this guy with like a Darth Vader helmet on a motorcycle behind me. I know
he hadn’t been there when I started to back out. Anyway, he and the guy/girl behind him on the
motorcycle started making all of these gestures and stuff at us.
6.
Well, I admit I got scared. My parents would definitely take the car from me if I got in another
accident, and the people on the bike were acting really aggressive. Anyway, I just took off for home. I
tried to call my mom/dad, but s/he didn’t answer right away. I told Bet(h) to keep trying to call,
because when I started driving off the people on the bike were following really close. We stopped at a
red light, and the guy on the motorcycle came up beside my window and started banging on it. I think I
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made a rude hand gesture at him at that point because I was trying to prove I wasn’t scared of him, but
I really was. He made his fingers like a gun and acted like he was pulling a trigger. Needless to say, I was
terrified.
7.
When the light turned green, I just drove for home as fast as I could. I don’t really know how
fast I was going, but that guy was on my tail the whole time. Sometime on the drive Bet(h) got my
mom/dad on the phone and handed the phone to me. I told mom/dad that this crazy guy was
following me, and that I thought he was going to kill me or something. I probably wasn’t making a
whole lot of sense. The only thing I remember mom/dad saying was to get home as soon as possible
and s/he would handle it. I had no idea what s/he meant by that.
8.
A few minutes after I hung up the phone, I turned into the neighborhood, and I probably
screeched my brakes trying to get into my driveway ahead of that maniac. I think he nearly hit me as I
turned into the driveway. Mom/Dad was standing there, and Bet(h) and I got out telling Mom/Dad
what was going on. That was the first time I realized how loud that motorcycle really was. The guy
turned around in the street and revved his engine at us. All I could think of was Nicholas Cage from that
cheesy movie Ghost Rider. It was like a nightmare when he came down the street towards us.
9.
I think I dived behind my car to get away from the guy. I don’t even know where Bet(h) went,
but Mom/Dad stood her/his ground. I heard her/him fire the gun, it must have been two or three
times, but it was hard to hear over the motorcycle engine. Then I heard something crash and everyone
was yelling. I got up and saw the motorcycle turned over, and the guy with the helmet lying in a pool of
blood. The other guy/girl from the bike was over in the Greene’s yard, and Bet(h)’s mom/dad was out
there. Everyone started yelling, and next thing I knew the police were there.
10.
I tried to tell the police everything I could remember, but I was so shook up, I may have
forgotten some stuff. The cop, the kids at school call him/her Agent M, kept distracting me by making
this weird noise with his/her teeth. It sounded like s/he was chewing on ice or something. I really can’t
remember everything I said. Imagine my shock when Agent M arrested my mom/dad. I know
mom/dad was just trying to save us from that lunatic on the bike. I have never been so scared in my
life.
WITNESS ADDENDUM
Signed,
/S/
Carl(a) Grimes
/S/
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STATEMENT OF BET(H) GREENE
1.
My name is Bet(h) Greene. I know people think I’m exaggerating when I say my home life is
practically like basic training. But you try living with a retired Army drill sergeant for a mother/father.
It’s not just having to do hospital corners when I make my bed every morning and stand for inspection
before going off to school. If I do the least little thing wrong, my mother/father barks out: “Drop and
give me twenty!” And then it’s down to the floor to knock out push-ups. I’m tired of staring at floor
cracks. It’s reached the point that to stay out of trouble, I try to let her/him know as little as possible
about what I’ve got going on. Like hanging with my friend and neighbor Carl(a) Grimes.
2.
Look, I totally get that my mother/father is overprotective after losing her/his first family in that
auto accident back in the ‘70s. But you’ve got to admit that it’s a bit like PTSD to equate Carl(a)’s
backing his/her car into a basketball goal in the driveway with having the kind of wreck that makes
her/him an irresponsible driver. So, I know I’m not allowed to be in a car with Carl(a) any more. But
what am I supposed to do? I’m only 15. I don’t have my license yet. I feel lucky to have a friend who’s
a senior, with a car, who’s willing to take me by Big Box when the board needs new trucks.
3.
That’s how it’s been with me and Carl(a), ever since I came to his/her aid after the
Fondren/North East game last year. All those push-ups, plus the obstacle course training in the back
yard, really paid off in the parking lot scramble after that North East kid took a swing a Carl(a). If it was
Nolan Ryan vs. Robin Ventura; let’s just say, me and Carl(a) were Nolan Ryan.
4.
Back to the busted trucks. After hitting the skate park on May 16, 2015, Carl(a) took me to the
Big Box. Didn’t find what I needed, but that was the day of the exclusive Big Box roll out of Tanye Swift
and Kaylor South’s new tribute CD to B.B. Rex: “Whip the Blues (Watch Me).” Carl(a) is a big fan of
“School Blues,” and I knew it would sell out fast, so I decided to spring for a copy as a sort of thank you
for all the rides. As I rounded the aisle of the Big Box CD department, I saw there was just one last copy
of “Whip the Blues (Watch Me)” in the endcap display. I wasn’t the only one heading there. A guy/gal
also moving toward the display was somewhat distracted by the pair of Red Baron motorcycle goggles
s/he was pushing into the DOT German Motorcycle helmet under his/her arm. I quickened my step
and snatched the last copy, just as s/he reached for it. “Curse you!” s/he exclaimed and shook his/her
fist at me. I just laughed as I dashed to the checkout line, new tunes in hand. Seriously? Curse you?
Who says that?
5.
In the Civic-mobile, Carl(a) popped in the CD, dialed the sound up to about 11, and backed out
of the parking space, really grooving to Kaylor South’s Auto-Tune remix “Hold on, the blues are comin.”
At that point, I wasn’t paying any attention to his/her driving. I was looking at the tribute booklet that
came with the CD. For me, that’s the best reason to get this at Big Box rather than downloading off
iTunes. While I was reading the account of how B.B. Rex was a disc jockey in Bealetown, I felt a small
bump, but figured it was Carl(a) backing up over one of those asphalt logs used to slow traffic in the
parking lot. We then pulled away really fast. I didn’t think anything of it…after all, Carl(a) likes to drive
fast.
6.
Eventually I glanced up from the booklet and looked at Carl(a). Not good. S/he was fiddling with
his/her cell phone and looking really panicked. Carl(a) tossed the phone to me and said keep trying to
call his/her mom/dad. By this time, we were at a stop light. Out of what seemed like nowhere to me,
this motorcycle making that loud potato-potato-potato sound pulled up beside Carl(a)’s window. The
cycle had both a driver and a passenger. They started banging on the Civic-mobile. That would have
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been enough to scare me and Carl(a), but I totally freaked when I saw it was the guy/gal with the
German helmet and the Red Baron goggles shaking his/her fist at me again. All I could figure was s/he
was still upset I got the last copy of “Whip the Blues (Watch Me),” so I held up the CD case and pointed
at it in an attempt to gesture that s/he could have it. From what I’d heard so far, there was nothing
about this CD that seemed worth fighting over.
7.
But the motorcyclist roared off from the intersection, with the Red Baron passenger still just
shaking his/her fist at us. I told Carl(a) I didn’t know what was going on and said: “Just drive as fast as
you can to get away from those creeps.” When the light changed, Carl(a) floored it while I kept trying
to redial his/her mom/dad.
8.
I know you’re thinking: Why not call 911? Well, it was partly because Carl(a) told me to dial the
parental unit. But truth be told, if something happened, I didn’t want to have the local news playing a
911 recording of me calling for help. I wasn’t ever supposed to be in Carl(a)’s Civic-mobile, and I figured
if my mother/father found out I was mixed up in this, I’d be on KP duty for the rest of the summer.
9.
When Carl(a)’s mom/dad finally picked up the phone, I handed the cell phone over. At that
point it felt like we were flying, with the motorcycle right behind us. I thought we had to be going way
over the speed limit. That’s why when we came up on a police car running radar, and I saw it was
“Agent M,” I gave the friendly wave. See, we all know Officer Michonne. S/he’s given talks at the
school about drugs and stuff and always acts all covert agent with his/her fedora pulled down over
his/her eyes and the trench coat. How are we supposed to take that seriously? So we started calling
him/her Agent M, but come to think of it, that’s probably an insult to the real Agent M. Anyway, I
didn’t want Agent M to think I was a hostage. But I sure did want him/her to clock Carl(a) and the
motorcyclist on radar for speeding and pull BOTH vehicles over. Unfortunately, s/he just didn’t get it.
Apparently, this was not a radar infraction of the highest order because we just weren’t going far
enough over the speed limit. And we were wearing our seatbelts.
10.
Meanwhile, Carl(a) was still on the phone and never mentioned to his/her mom/dad that we’d
been spotted by police. Carl(a) just rambled on about how scared s/he was of the motorcyclist and
how s/he didn’t know why we were being chased. I shouted at Carl(a), hoping his/her mom/dad would
overhear: “I think they’re after us for buying the last CD!”
11.
Carl(a) tossed the phone back to me right about the time we pulled into our subdivision. Carl(a)
said, “Don’t worry. Mom/Dad’s going to take care of it.” There wasn’t time to ask Carl(a) what she/he
meant by that. We pulled into the Grimes’s driveway, and Mr./Ms. Grimes was out there with his/her
gun. As soon as Carl(a) and I got out of the car, that motorcycle barreled towards us, making that
potato-potato-potato sound. I decided it was time to go home and cut my losses.
12.
I heard the shots as I was running to my front door and immediately dropped to the ground and
rolled to cover like my mother/father had trained me to do. I peered out from behind some bushes and
saw that the motorcycle had skidded through my family’s yard and into the Grimes’ and the driver was
lying in a pool of blood. I didn’t see what happened to the passenger.
13.
All I know is that my mother/father was standing there, and s/he saw me getting out of the
Civic-mobile. I was sent into the house and told not to come out until everything was clear. I got the
third degree about what happened from my parents, and I’ve been on toilet cleaning duty ever since.
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WITNESS ADDENDUM
Signed,
/S/
Bet(h) Greene
/S/
22
1
FONDREN COUNTY POLICE DEPARTMENT
INCIDENT REPORT
CASE NUMBER:
X15-710-77345
DATE OF OCCURRENCE:
5-16-15
DATE OF REPORT – TIME:
5-18-15 0730 hours
TIME OF OCCURRENCE:
2004 hours
[ X] ORIGINAL REPORT
[ ] SUPPLEMENTAL REPORT
DOW: [ ] 1 Sun [ ] 2 Mon
[ ] 3 Tues [ ] 4 Wed
[ ] 5 Thur [ ] 6 Fri
[X ] 7 Sat
[ ] 98 Unk
INCIDENT LOCATION:
98 Major Ulmer Rd., Woodbury, MS
COMMON/BUSINESS NAME:
BEAT:
DISTRICT:
ALCOHOL: [
LOCATION TYPE: (TABLE #3)
DEPT. CLASSIFICATION: (HIERARCHY TABLE #2)
MAPR:
] YES [
] NO [X ] UNK
CASE STATUS: [ X ] 1 cleared by arrest [ ] 2 exceptionally cleared
[ ] 4 inactive
[ ] 5 pending arrest
[ ] 6 pending inv. results
[ ] 8 admin. cleared
UCR STATE CLASSIFICATION: (STATUTE NUMBER AND TEXT)
DRUG: [
[ ] 3 unfounded
[ ] 7 info. only
] YES [ ] NO [X ] UNK
DATE:
5-16-14
UCR CLASSIFICATION:
(TABLE #8)
ATTEMPTED/COMMITTED: [ X ] 1 Committed
[ ] 2 Accessory After
[ ] 3 Accessory Before [ ] 4 Aid/Abet
[ ] 5 Assault To
[ ] 6 Attempt to
[ ] 7 Conspiracy To
[ ] 8 Facilitation Of
[ ] 9 Solicitation To
[ ] 10 Threat To
[ ] 11 Unfounded
ATTACK REASON: [ X ] 1 Assault
[ ] 2 Theft
WEAPON TYPE: [ X ] 1 Firearm
[ ] 2 Knife/Cutting Instrument
[ ] 3 Menace
[ ] 4 Concerned Citizen
[ ] 3 Hands/Fists/Feet, etc.
[ ] 4 Other Weapon
[ ] 5 Mental
# ENTERED:
STRUCTURE OCCUPANCY:
EVIDENCE OBTAINED:
LOCATION TYPE:
(TABLE #153)
(TABLE #3)
[ X ] YES [ ] NO [ ] UNK
JUVENILE DISPOSITION:
[ ] 1 Handled w/in Dept.
[ ] 2 Referred to Juvenile Court
[ ] 3 Referred to Welfare Agency [ ] 4 Referred to Other Police
[ ] 5 Referred to Adult Court
UCR DISPOSITION:
[ X ] 1 Cleared by Arrest - Adult
[ ] 2 Cleared by Arrest - JUV
[ ] 3 Exceptionally Cleared – Adult
[ ] 4 Exception Cleared – JUV
[ ] 5 Unfounded
[ ] 6 Active
EX CLEARED TYPE:
[ ] 1 Extradition Declined
[ X ] 2 Arrest on Primary Ofns
[ ] 3 Death of Offender
[ ] 4 Vict/Witn Refused Cooperate
[ ] 5 Prosecution Declined
[ ] 6 Juvenile/No Custody
THEFT BY COMPUTER?
FORCED ENTRY?
DATE CLEARED:
# ARRESTED:
[ ] YES [ X ] NO [ ] UNK
[ ] YES [ X ] NO [ ] UNK
5-16-15
1
DRUG ACTIVITY:
[ ] 1 N/A
[ ] 2 Buy
[ ] 3 Deliver
[ ] 4 Use
[ ] 5 Distribute
[ ] 6 Manufacture [ ] 7 Produce
[ ] 8 Cultivate
[ ] 9 Possess
[ ] 10 Smuggle [ ] 11 Sell
[ ] 12 Traffic
[ ] 13 Other
DRUG TYPE:
[ ] 4 Cocaine
[ ] 7 Marijuana
[ ] 10 Synthetic
QUANTITY:
[ ] 1 N/A
[ ] 5 Heroin
[ ] 8 Opium/Derivative
VICTIM/OFFENDER RELATIONSHIP:
(TABLE #106)
CHILDREN WERE… [ ] 1 Involved
[ ] 3 N/A
[ ] 4 Both
PRIOR COURT ORDERS:
[ ] YES [ ] NO [ ] UNK
PREVIOUS COMPLAINTS:
[ ] 1 None
[ X ] 2 one-Five
[ ] 3 Six-Ten
[ ] 4 More than 10
[ ] 5 Unknown
[ ] 2 Amphetamine
[ ] 6 Hallucinogen
[ ] 9 Paraphernalia
UNITS:
[ ] 2 Milligram
[ ] 4 Ounce
[ ] 6 Ton
[ ] 8 Milliliter
[ X ] 2 Present
ALCOHOL: [
USED BY: [
Used
SERVICES:
[ ] Advised
[
] 3 Barbiturate
[ ] 1 Gram
VALUE
[ ] 3 Kilogram
[ ] 5 Pound
$________________
[ ] 7 Liter
[ ] 9 Dose
ASSAULT/HOMICIDE CIRCUMSTANCES:
Alleged self defense/defense of others
OFFICER ACTION:
[ ] 1 Arrest Family Violence
[ ] 2 Arrest Other Offence
[ ] 3 Summons
[ ] 4 Separation
[ ] 5 Unfounded
[ ] 6 Referred to Social
] Aggressor [ ] Victim
DRUGS: [ ] Aggressor [ ] Victim
] Both Used [ ] Neither
USED BY: [ ] Both Used [ ] Neither
Used
AGGRESSOR IDENTIFIED BY:
[ ] Not Advised
[ ] 1 Physical Evidence
[ ] 2 Testimonial
[ X ] 3 Both
23
1
CASE NUMBER:
X15-710-77345
DATE OF REPORT – TIME:
5-18-15 0730 hours
[ X ] ORIGINAL REPORT
[ ] SUPPLEMENTAL REPORT
BRIEF DESCRIPTION:
Sir: On 5/16/15 at 2004 hours I was dispatched to 98 Major Ulmer Rd. in Woodbury in response to
a reported shooting. Upon my arrival, I found a Harley Davidson Road King motorcycle with both
passengers ejected. One individual was conscious but obviously in shock, and the other was
bleeding from gunshot wounds to the chest. He was unresponsive to initial first aid. EMS was
dispatched.
I then spoke with Defendant Grimes. S/he advised that s/he received a panicked cell phone call
from his/her only child Carl(a), about an incident of road rage. S/he advised him/her to drive
straight home. Grimes then said s/he retrieved his/her Glock 22 and stepped in the front yard "just
in case there was trouble." I found the Glock hidden in the bushes and bagged it as evidence.
Defendant told me his/her child pulled into the driveway and screeched to a halt with the motorcycle
close behind. Upon exiting the vehicle, Defendant could see that the child and the passenger (a
next door neighbor) were visibly frightened and upset. Then Defendant saw the motorcycle pass
the house and make a sharp u-turn, heading back towards the house and headed right for him/her
at a high rate of speed. That is when Defendant fired two shots in self-defense.
Although the setting sun (at 2027 hours) and ensuing darkness prevented further examination of
the scene, the physical evidence and witness statements already suggested a wildly different
scenario. These inconsistencies called into question the location of Defendant when shots were
fired, as well as the angle and velocity of the motorcycle’s approach. When confronted with these
discrepancies, Defendant had no explanation. Defendant was then arrested for murder.
ADDENDUM:
I ran a search on R. Grimes in the department’s database and found that three previous complaints
had been lodged against him/her. Two were made by Hersh(el) Greene. Both involved a firearm.
The first involved a property line dispute related to a shared hedge and the second involved the
death of Hersh(el) Greene’s dog. The third was made by a Gerald Bullock, president of the HOA in
the Grimes’ neighborhood. Additionally, paint samples were recovered from the rear bumper of the
Honda as well as the left saddlebag of the motorcycle for later comparison.
ATTACHMENTS:
[ ] Persons
[ ] Offenses
GCIC ENTRY
[ ] Warrant
[ ] Article
[ ] Gun
[ X ] Property
[ X ] Narrative
[
[
] Vehicle
] Boat
REPORTING OFFICER:
Michonne Gurira
SUPERVISOR:
Michael Harlan
DATA ENTRY:
BADGE:
2324
BADGE:
0601
BADGE:
DATE:
5-18-15
DATE:
5-18-15
DATE:
GCIC OPERATOR:
BADGE:
DATE:
24
1(a)
Case Number:
Attachment Number:
Description:
X15-710-77345
1 of 2
Make:
Model:
Model year:
Color:
Registration #:
State:
Harley Davidson
Road King
2008
Black
041000
Mississippi
Evidence:
The HD Road King was damaged slightly in the
incident. The luggage/saddlebag on the right
rear side of the vehicle was crushed and there
were scratches on the right front fender and
right exhaust pipe.
The luggage/saddlebag on the left side was also
dented and the paint on it was damaged. Red
paint chips were removed from the left
luggage/saddlebag and sent to the lab for tests.
25
1(b)
Case Number:
Attachment Number:
X15-710-77345
2 of 2
Description:
Type:
Caliber:
Length:
Height:
Width:
Barrel Length:
Magazine Capacity:
Gun Weight:
Trigger Pull:
Number of Safeties:
Glock 22 RTF2
.40
7.32” slide
5.43”
1.18”
4.49”
15 rounds
22.92 oz (empty without magazine)
5.5 lbs
3
Evidence:
This gun was fired prior to being received
into evidence on 5-16-15. There were 12
rounds remaining in the magazine when the
gun was logged into the evidence room.
Those bullets were removed from the
magazine for safe storage and logged
separately. The gun and remaining bullets
were sent to the lab for testing.
26
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30
2014-072
Fondren County
June 2014
Wilbanks
x
x
Rick(i) Grimes
"Rick(i) Ross "
333-70-1774
08
98 Major Ulmer Road, Woodbury, MS
Jones
USA
n/a
n/a
Discharging Firearm while Under the Influence of Alcohol
97-37-30
False Name/Birthdate
97-19-33
Cruelty to Animals
97-41-1
08 20
2014
2014
07
06
333-0571
Twelve (12) months
Twelve (12) months; to run consecutive to Count I
nolle prosequi
11
1975
x
x
nolle prosequi
Counts I and II
x
06/29/2014
07/03/2014
$75.00
$500.00
plus $35.00/month during probation
Fondren County Circuit Court
31
32
Mail
Box
Bay 1
Greene House
Driveway
Bay 2
Car
Bay 3
Garage
GR
7
D
Due West
M
Major Ulmer Road
X
Mail
Box
X
X
G
Azalea
Grimes House
G = gun
M = motorcycle
D = Daryl Dixon
GR = Glenn Rhee
X = shell casing
Driveway
Honda
Bay 1
Garage
LEGAL AUTHORITIES
Statutes
Specific statutes, portions of specific statutes and/or references to specific statutes are provided
below. Only these portions/references are relevant to this mock trial case. Teams may only use
the statute information noted below in the course of the trial.
Miss. Code Ann. § 97-3-19. Murder; felony murder
(a) A person commits the offense of murder when he unlawfully and with malice aforethought,
either express or implied, causes the death of another human being.
(b) Express malice is that deliberate intention unlawfully to take the life of another human being
which is manifested by external circumstances capable of proof. Malice shall be implied where
no considerable provocation appears and where all the circumstances of the killing show an
abandoned and malignant heart.
(c) A person also commits the offense of murder when, in the commission of a felony, he causes
the death of another human being irrespective of malice.
(d) A person convicted of the offense of murder shall be punished by death or by imprisonment
for life.
Miss. Code Ann. § 97-3-7. Aggravated assault
(a) A person commits the offense of aggravated assault when he or she assaults:
(2) With a deadly weapon or with any object, device, or instrument which, when used
offensively against a person, is likely to or actually does result in serious bodily injury.
Miss. Code Ann. § 97-3-22. Justification
The fact that a person's conduct is justified is a defense to prosecution for any crime based on
that conduct. The defense of justification can be claimed:
(1) When the person's conduct is justified under Code Section 16-3-21...
Miss. Code Ann. § 97-3-21. Use of force in defense of self or others; evidence of belief that
force was necessary
(a) A person is justified in threatening or using force against another when and to the extent
that he or she reasonably believes that such threat or force is necessary to defend himself or
herself or a third person against such other's imminent use of unlawful force; however,...a
person is justified in using force which is intended or likely to cause death or great bodily harm
only if he or she reasonably believes that such force is necessary to prevent death or great
bodily injury to himself or herself or a third person or to prevent the commission of a forcible
felony.
(b) A person is not justified in using force under the circumstances specified in subsection (a) of
this Code section if he:
(1) Initially provokes the use of force against himself with the intent to use such force as an
excuse to inflict bodily harm upon the assailant;
(2) Is attempting to commit, committing, or fleeing after the commission or attempted
commission of a felony; or
(3) Was the aggressor or was engaged in a combat by agreement unless he withdraws from the
encounter and effectively communicates to such other person his intent to do so and the other,
notwithstanding, continues or threatens to continue the use of unlawful force.
33
Miss. Code Ann. § 97-3-25.
A person who uses threats of force in accordance with Code Section 97-3-21. . . has no duty to
retreat and has the right to stand his or her ground and use force as provided in said Code
sections, including deadly force.
Miss. Code Ann. § 40-6-49. Following too closely.
(a) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable
and prudent, having due regard for the speed of such vehicles and the traffic upon and the
condition of the highway.
Miss. Code Ann. § 40-6-247. Following fire apparatus or emergency vehicle.
The driver of any vehicle other than one on official business shall not follow any fire apparatus
traveling in response to a fire alarm or any other emergency vehicle closer than 200 feet and
shall not park such vehicle within 500 feet of any fire apparatus stopped in answer to a fire
alarm.
Miss. Code Ann. § 40-6-312. Operating motorcycle on roadway laned for traffic.
(b) The operator of a motorcycle shall not overtake and pass in the same lane occupied by the
vehicle being overtaken.
(c) No person shall operate a motorcycle between lanes of traffic or between adjacent lines or
rows of vehicles.
Miss. Code Ann. § 40-6-315. Headgear and eye-protective devices for riders.
(a) No person shall operate or ride upon a motorcycle unless he or she is wearing protective
headgear which complies with standards established by the commissioner of public safety.
Miss. Code Ann. § 40-5-57. Suspension or revocation of license of habitually negligent or
dangerous driver; point system.
(a) The State of Mississippi considers dangerous and negligent drivers to be a direct and
immediate threat to the welfare and safety of the general public, and it is in the best interests of
the citizens of Mississippi immediately to remove such drivers from the highways of this state.
Therefore, the department is authorized to suspend the license of a driver without a preliminary
hearing upon a showing by the records of the department or other sufficient evidence that the
licensee is a habitually dangerous or negligent driver of a motor vehicle, such fact being
established by the point system in subsection (b) of this Code section.
(b) For the purpose of identifying habitually dangerous or negligent drivers and habitual or
frequent violators of traffic regulations governing the movement of vehicles, the department
shall assess points, as provided in subsection (c) of this Code section, for convictions of
violations of the provisions of Chapter 6 of this title, of violations of lawful ordinances adopted
by local authorities regulating the operation of motor vehicles, and of offenses committed in
other states which if committed in this state would be grounds for such assessment. The
department is required to suspend the license of a driver, without preliminary hearing, when his
driving record identifies him as a habitually dangerous or negligent driver or as a habitual or
frequent violator under this subsection.
(c) (1) (A) [T]he points to be assessed for each offense shall be as provided in the following
schedule:
• Aggressive driving - 6 points
• Reckless driving - 4 points
• Unlawful passing of a school bus - 6 points
34
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Improper passing on a hill or a curve - 4 points
Exceeding the speed limit by more than 14 miles per hour but less than 19 miles per hour
- 2 points
Exceeding the speed limit by 19 miles per hour or more but less than 24 miles per hour 3 points
Exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour 4 points
Exceeding the speed limit by 34 miles per hour or more - 6 points
Disobedience of any traffic-control device or traffic officer - 3 points
Too fast for conditions - 0 points
Possessing an open container of an alcoholic beverage while driving - 2 points
Failure to adequately secure a load, except fresh farm produce, resulting in loss of such
load onto the roadway which results in an accident - 2 points
Violation of child safety restraint requirements, first offense - 1 point
Violation of child safety restraint requirements, second or subsequent offense - 2 points
Violation of usage of wireless telecommunications device requirements - 1 point
Operating a vehicle while text messaging - 1 point
All other moving traffic violations which are not speed limit violations - 3 points
(B) The commissioner shall suspend the driver's license of any person who has accumulated a
violation point count of 15 or more points in any consecutive 24 month period, as measured
from the dates of previous arrests for which convictions were obtained to the date of the most
current arrest for which a conviction is obtained. A second or subsequent plea of nolo
contendere, within the preceding five years, as measured from the dates of previous arrests for
which pleas of nolo contendere were accepted to the date of the most current arrest for which
a plea of nolo contendere is accepted, to a charge of committing an offense listed in this
subsection shall be considered a conviction for the purposes of this Code section. At the end of
the period of suspension, the violation point count shall be reduced to zero points.
Miss. Code Ann. § 40-13-58. Failure to appear after giving cash bond as admission of guilt;
forfeiture of bond; order to stand trial not precluded.
Where a defendant cited for a traffic violation posts a cash bond according to the schedule set
up by court order and fails to appear in court at the term of court and on the day set in the
original citation and complaint, then and in that event, such failure shall be construed as an
admission of guilt and the cash bond may be forfeited without the necessity for the statutory
procedure provided for the forfeiture of statutory bail bonds. A judgment of guilty may be
entered accordingly, ordering the case disposed of and settled. The proceeds of the cash bond
shall be applied and distributed as any fine imposed by said court would be. Nothing in this Code
section shall be construed as preventing the judge from ordering the defendant to appear and
stand trial.
35
Case Law
The following excerpts are from Case Law concerning the legal issues raised in this mock trial
case. Only portions of the opinions are provided, and only those portions may be used in the
course of the trial. Citations and internal quotation marks are omitted in the excerpts of the
cases that follow.
The crime of malice murder is committed when a person unlawfully causes the death of another
human being while acting with express or implied malice. In this definition of the crime, the
concept of malice incorporates the intent to kill. Thus, in Mississippi, the crime of malice murder
is committed when the evidence shows either an express or, in the alternative, an implied intent
to commit an unlawful homicide. This meaning of malice murder is consistent with the general
rule that crimes which are "defined so as to require that the defendant intentionally cause a
forbidden bad result are usually interpreted to cover one who knows that his conduct is
substantially certain to cause the result, whether or not he desires the result to occur." Thus, a
malice murder can be shown not only by evidence that the defendant acted with the "deliberate
intention unlawfully to take the life of another human being which is manifested by external
circumstances capable of proof," but also by evidence that the defendant acted "where no
considerable provocation appears and where all the circumstances of the killing show an
abandoned and malignant heart." In other words, evidence that the defendant acted with
implied malice is, for purposes of demonstrating his guilt of the crime of malice murder, no less
probative than proof that he acted with a specific intent to kill.
Parker v. State, 270 So.2d 256 (1998)
As to the question of malice, there is no requirement of premeditation or a preconceived
intention to kill; "malice aforethought can be formed instantly."
Wynn v. State, 272 So.2d 861 (2000)
Malice imports the absence of all elements of justification or excuse and the presence of an
actual intent to cause harm.
Stiles v. State, 242 So.2d App. 484 (2000)
Motive is not an essential element of the crime of malice murder. Although motive may be
relevant to the issues of intent and malice, it is not a separate element of the crime which must
be proven by the state.
Coates v. State, 255 So.2d 183 (1985)
While motive is not an essential element in the proof of the crime of murder, the State is
entitled to present evidence to establish that there was a motive.
Johnson v. State, 260 So.2d 457 (1990)
Felony murder involves a nonintentional killing committed in the prosecution of a felony. It is
still murder and is subject to the same penalties as "malice murder." The only difference is the
absence of intent and malice.
Burke v. State, 234 So.2d 512 (1975)
Under Mississippi law "[a] person . . . commits the offense of murder when, in the commission
of a felony, he [or she] causes the death of another human being, irrespective of malice." Malice
means the intent to take a life without legal justification or mitigation. Thus, malice, or the
36
intent to kill, is not an element of felony murder." Proof of felony murder does not require
proving malice or the intent to kill, but only that the defendant had the requisite criminal intent
to commit the underlying felony.
Tessmer v. State, 273 So.2d 220 (2000)
When a defendant presents evidence that he was justified in using deadly force, the burden is
on the State to disprove the defense beyond a reasonable doubt.
Andrews v. State, 267 So.2d 473 (1997)
Two elements must be present before the use of deadly force is justified under that statute: (1)
the danger to either the actor or a third person must be imminent; and (2) the actor must
reasonably believe that such force is necessary to prevent death or great bodily injury to himself
or a third person.
Coley v. State, 201 So.2d 722 (1991)
It is fundamentally unfair and a violation of due process of law for a state to permit cross
examination of a defendant as to [his] silence where the defendant has been informed of his
rights under Miranda, or to permit [any witness to] comment thereon, since the giving of the
Miranda warnings might induce silence by implicitly assuring a defendant that his silence will
not be used against him.
Chapman v. State, 263 So.2d 393 (1993)
A person commits aggravated assault when, among other actions, he assaults another with a
deadly weapon which, when used offensively, is likely to result in serious bodily injury. In this
case, appellants did not act with criminal negligence. To the contrary, the evidence clearly
showed that appellants intentionally fired bullets into a house occupied by three people.
Appellants' primary objective was to kill Mills, whom they blamed for the death of Culler's
brother, but it was likely that violent harm would also be inflicted against all persons inside the
home. When an unintended victim (such as Hunter) is subjected to harm due to an unlawful act
intentionally aimed at someone else (such as Mills), the law prevents the actor from taking
advantage of his own misdirected wrongful conduct and transfers the original intent from the
one against whom it was intended to the one who suffered harm. Accordingly, it is of no import
that appellants were unaware that Hunter was in the home. It is obvious that by intentionally
firing into the home, appellants were likely to seriously injure all the occupants, not just their
primary target, Mills. Such harm was likely regardless of whether a particular occupant (such as
Hunter), was aware of the shooting as it occurred.
Culler v. State, 277 So.2d 717 (2004).
Under the doctrine of transferred intent, when an unintended victim is struck down as a result
of an unlawful act actually directed against someone else, the law prevents the actor from
taking advantage of his own wrong and transfers the original intent from the one against whom
it was directed to the one who actually suffered from it.
Happoldt v. State, 267 So.2d 126, 127 (1996).
37
IN THE CIRCUIT COURT
OF FONDREN COUNTY
v.
RICK(I) GRIMES
Defendant
)
)
)
)
)
)
)
No. 2016-MT
THE CHARGE OF THE COURT
[Not to be read in open court]
Pleadings
You are considering the case of the State of Mississippi versus Rick(i) Grimes. The defendant in this case has
been indicted by the grand jury of this county for the offenses of murder, felony murder and aggravated
assault.
The indictment reads as follows:
(Cover allegations of indictment.)
This indictment was returned into court on the 7th day of July, 2015.
Issue and Plea of Not Guilty
To this indictment, the defendant has entered a plea of not guilty, and this makes the issue which you have
been selected, sworn, and empanelled to try.
Indictment and Plea; Not Evidence
I caution you that the fact that this accused has been indicted by the grand jury is no evidence of his/her guilt.
You should not consider the indictment as evidence or implication of guilt. Neither is the plea of not guilty to
be considered as evidence.
Presumption of Innocence; Burden of Proof; Reasonable Doubt
This defendant is presumed to be innocent until proven guilty. The defendant enters upon the trial of the case
with a presumption of innocence in his/her favor. This presumption remains with the defendant until it is
overcome by the state with evidence which is sufficient to convince you beyond a reasonable doubt that the
defendant is guilty of the offense charged.
No person shall be convicted of any crime unless and until each element of the crime is proven beyond a
reasonable doubt.
The burden of proof rests upon the state to prove every material allegation of the indictment and every
essential element of the crime charged beyond a reasonable doubt.
There is no burden of proof upon the defendant whatever, and the burden never shifts to the defendant to
prove innocence. When a defense is raised by the evidence, the burden is on the state to negate or disprove it
38
beyond a reasonable doubt.
However, the state is not required to prove the guilt of the accused beyond all doubt or to a mathematical
certainty. A reasonable doubt means just what it says. It is a doubt of a fair-minded, impartial juror, honestly
seeking the truth. It is a doubt based upon common sense and reason. It does not mean a vague or arbitrary
doubt, but is a doubt for which a reason can be given, arising from a consideration of the evidence, a lack of
evidence, a conflict in the evidence, or any combination of these.
If after giving consideration to all the facts and circumstances of this case, your minds are wavering, unsettled
or unsatisfied, then that is a doubt of the law, and you should acquit the defendant; but, if that doubt does
not exist in your minds as to the guilt of the accused, then you would be authorized to convict the defendant.
If the state fails to prove the defendant's guilt beyond a reasonable doubt, it would be your duty to acquit the
defendant.
Credibility of Witnesses
You must determine the credibility or believability of the witnesses. It is for you to determine what witness or
witnesses you will believe and which witness or witnesses you will not believe, if there are some you do not
believe.
In passing upon their credibility, you may consider all the facts and circumstances of the case, the witnesses'
manner of testifying, their intelligence, their interest or lack of interest, their means and opportunity for
knowing the facts which they testify about, the nature of the facts which they testify about, the probability or
improbability of their testimony, and of the occurrences which they testify about. You may also consider their
personal credibility insofar as it may legitimately appear from the trial of this case.
Conflicts in Testimony
When you consider the evidence in this case, if you find a conflict, you should settle this conflict, if you can,
without believing that any witness made a false statement. If you cannot do this, then you should believe that
witness or those witnesses you think best entitled to belief.
You must determine what testimony you will believe and what testimony you will not believe.
Defendant's Option to Testify
The defendant in a criminal case is under no duty to present any evidence tending to prove innocence and is
not required to take the stand and testify in the case. If the defendant elects not to testify, no inference
hurtful, harmful, or adverse to the defendant shall be drawn by the jury, nor shall such fact be held against
the defendant in any way.
However, when a defendant does testify in his own behalf, then you have no right to disregard his/her
testimony merely because he is accused of crime; that when s/he does so testify s/he at once becomes the
same as any other witness, and his/her credibility is to be tested by and subjected to the same tests as are
legally applied to any other witness; and in determining the degree of credibility that shall be accorded to
his/her testimony, you have a right to take into consideration the fact that s/he is interested in the result of
the prosecution, as well as his/her demeanor and conduct upon the witness stand.
Jury; Judges of Law and Facts
Members of the jury, it is my duty and responsibility to ascertain the law applicable to this case and to instruct
you on that law, by which you are bound. It is your responsibility to ascertain the facts of the case from all the
evidence presented. It then becomes your duty and responsibility to apply the law I give you in the charge to
the facts as you find them to be.
Definition of Crime
This defendant is charged with a crime against the laws of this state. A crime is a violation of a statute of this
39
state in which there is a joint operation of an act, or omission to act, and intention.
Intent
Intent is an essential element of any crime and must be proved by the state, beyond a reasonable doubt.
Intent may be shown in many ways, provided you, the jury, believe that it existed from the proven facts before
you. It may be inferred from the proven circumstances or by acts and conduct, or it may be, in your discretion,
inferred when it is the natural and necessary consequence of the act. Whether or not you draw such an
inference is a matter solely within your discretion.
If one intentionally commits an unlawful act, yet the act harmed a victim other than the one intended,
it is not a defense that the defendant did not intend to harm the actual person injured.
No Presumption of Criminal Intent
This defendant will not be presumed to have acted with criminal intent, but you may find such intention, or
the absence of it, upon a consideration of words, conduct, demeanor, motive, and other circumstances
connected with the act for which the accused is being prosecuted.
Evidence
Evidence is the means by which any fact which is put in issue is established or disproved. Evidence includes all
the testimony of the witnesses and the exhibits admitted during the trial. It also includes any facts agreed to
by counsel. It does not include the indictment or the opening statements and closing arguments by the
attorneys.
Direct and Circumstantial Evidence
Evidence may be either direct or circumstantial or both.
Direct evidence is evidence which points immediately to the question at issue.
Evidence may also be used to prove a fact by inference. This is referred to as circumstantial evidence.
Circumstantial evidence is the proof of facts or circumstances, by direct evidence, from which you may infer
other related or connected facts which are reasonable and justified in the light of your experience.
To warrant a conviction on circumstantial evidence, the proven facts must not only be consistent with the
theory of guilt, but must exclude every other reasonable theory other than the guilt of the accused.
The comparative weight of circumstantial evidence and direct evidence, on any given issue, is a question of
fact for the jury to decide.
Expert Witness
Testimony has been given by certain witnesses who, in law, are termed experts. The law permits persons
expert in certain areas to give their opinions derived from their knowledge of that area. The weight which is
given to the testimony of expert witnesses is a question to be determined by the jury. The testimony of an
expert, like that of any other witness, is to be received by you and given only such weight as you think it is
properly entitled to receive. You are not required to accept the opinion testimony of any witness, expert or
otherwise.
Witness, Impeached by
To impeach a witness is to prove the witness is unworthy of belief. A witness may be impeached by:
a. Disproving the facts to which the witness testified;
b. Proof of general bad character;
c. Proof that the witness has been convicted of a crime involving dishonesty or false statement; or
d. Proof of contradictory statements, previously made by the witness, as to matters relevant to the
witness's testimony and to the case.
40
If it is sought to impeach a witness by "b," "c," or "d," above, proof of the general good character of the
witness may be shown. The effect of the evidence is to be determined by the jury.
If any attempt has been made in this case to impeach any witness by proof of contradictory statements
previously made, you must determine from the evidence:
a. First, whether any such statements were made;
b. Second, whether they were contradictory to any statements the witness made on the witness stand;
and
c. Third, whether it was material to the witness's testimony and to the case.
If you find that a witness has been successfully impeached by proof of previous, contradictory statements, you
may disregard that testimony, unless it is corroborated by other creditable testimony, and the credit to be
given to the balance of the testimony of the witness would be for you to determine.
It is for you to determine whether or not a witness has been impeached and to determine the credibility of
such witness and the weight the witness's testimony shall receive in the consideration of the case.
Prior Inconsistent Statement; Substantive Evidence
Should you find that any witness, prior to the witness's testimony in this case from the witness stand, has
made any statement inconsistent with that witness's testimony from the stand in this case, and that such
prior inconsistent statement is material to the case and the witness's testimony, then you are authorized to
consider that prior statement not only for purposes of impeachment, but also as substantive evidence in the
case.
Offenses Charged
This defendant is charged with the offenses of murder, felony murder, and aggravated assault.
Malice Murder; Defined
A person commits murder when that person unlawfully and with malice aforethought, either express or
implied, causes the death of another human being. Express malice is that deliberate intention unlawfully to
take away the life of another human being, which is shown by external circumstances capable of proof. Malice
may, but need not, be implied where no considerable provocation appears and where all the circumstances of
the killing show an abandoned and malignant heart. It is for the jury to decide whether or not the facts and
circumstances of this case show malice.
To constitute murder, the homicide must have been committed with malice. Legal malice is not necessarily ill
will or hatred, but it is the unlawful intention to kill without justification, excuse, or mitigation.
If a killing is done with malice, no matter how short a time the malicious intent may have existed, such killing
constitutes murder.
Mississippi law does not require premeditation, and no particular length of time is required for malice to be
generated in the mind of a person. It may be formed in a moment, and instantly a mortal wound may be
inflicted. Yet, if malice is in the mind of the accused at the time of the doing of the act or killing, and moves the
accused to do it, such is sufficient to constitute the homicide as murder.
Premeditation; Defined
Premeditation, as the term is usually used, means a prior determination or plan to commit an act.
Premeditation is not an element of the offense of murder, and therefore need not be proven by the state to
establish malice aforethought. However, any evidence of premeditation, or lack of it, may be considered by
you insofar as it related to the existence, or nonexistence, of malice at the time of the alleged killing.
Felony Murder; Defined
A person also commits the crime of murder when, in the commission of a felony, that person causes the death
41
of another human being irrespective of malice. Under our law, aggravated assault is a felony, and is defined as
follows:
An assault is an attempt to commit a violent injury to the person of another.
A person commits the offense of aggravated assault when that person assaults another person with a deadly
weapon, or with any object, device, or instrument which, when used offensively against a person, is likely to or
actually does result in serious bodily injury.
Motive
Proof of particular motive is not essential to constitute the crime of murder. Evidence of motive, if any, is
admitted for your determination as to whether or not it establishes the state of the defendant's mind at the
time of the alleged homicide.
Affirmative Defense; Definition; Burden of Proof
An affirmative defense is a defense that admits the doing of the act charged, but seeks to justify, excuse, or
mitigate it. Once the issue of an affirmative defense is raised, the burden is on the state to disprove it beyond
a reasonable doubt.
Justification; Generally
If you find that the defendant's conduct was justified, this is a defense to prosecution for any crime based on
that conduct.
Use of Force in Defense of Self
A person is justified in threatening or using force against another person when, and to the extent that, he/she
reasonably believes that such threat or force is necessary to defend himself/herself against the other's
imminent use of unlawful force. A person is justified in using force which is intended or likely to cause death or
great bodily harm only if that person reasonably believes that such force is necessary to prevent death or
great bodily injury to himself/herself or to prevent the commission of a forcible felony.
The state has the burden of proving beyond a reasonable doubt that the defendant was not justified.
A person is not justified in using force, if that person:
a. Initially provokes the use of force against himself/herself with the intent to use such force as an
excuse to inflict bodily harm upon the assailant; or
b. Is attempting to commit, committing, or fleeing after the commission or attempted commission of a
felony; or
c. Was the aggressor or was engaged in a combat by agreement, unless the person withdraws from the
encounter and effectively communicates his/her intent to withdraw to the other person, and the
other person still continues or threatens to continue the use of unlawful force.
Forcible Felony, Definition
A forcible felony means any felony which involves the use or threat of physical force or violence against any
person.
Aggravated assault is a felony, and I have previously defined it for you.
Doctrine of Reasonable Beliefs
In applying the law of self-defense, a defendant is justified to kill another person in defense of self. The
standard is whether the circumstances were such that they would excite not merely the fears of the
defendant but the fears of a reasonable person. For the killing to be justified under the law, the accused must
have really acted under the influence of these fears and not in a spirit of revenge.
What the facts are in this case is a matter solely for you, the jury, to determine under all the facts and
42
circumstances of this case.
Retreat (No Duty to Retreat to Be Justified)
One who is not the aggressor is not required to retreat before being justified in using such force as is
necessary for personal defense, or in using force which is likely to cause death or great bodily harm, if one
reasonably believes such force is necessary to prevent death or great bodily injury to himself/herself or to
prevent the commission of a forcible felony.
Justification; Threats, Menaces Causing Reasonable Beliefs of Danger
It is not essential, to justify a homicide, that there should be an actual assault made upon the defendant.
Threats, accompanied by menaces, though the menaces do not amount to an actual assault, may, in some
instances, be sufficient to arouse a reasonable belief that one's life is in imminent danger, or that one is in
imminent danger of great bodily injury, or that a forcible felony is about to be committed upon one's person.
Provocation by threats or words alone will in no case justify the homicide or be sufficient to free the accused
from the crime of murder when the killing is done solely in resentment of the provoking words.
Whether or not the killing, if there was a killing, was done under circumstances which would be justifiable or
was done solely as a result of, and in resentment of, threats or provoking words alone is a matter for you, the
jury, to determine.
If you believe that the defendant was justified under the instructions which the court has given you, then it
would be your duty to acquit the defendant.
Excessive Force
The use of excessive force or unlawful force, while acting in self-defense, is not justifiable, and the defendant's
conduct in this case would not be justified if you find that the force used exceeded that which the defendant
reasonably believed was necessary to defend against the victim's use of unlawful force, if any.
Revenge for Prior Wrong
A person has a right to defend himself/herself, but a person is not justified in deliberately assaulting another
person not to prevent any impending wrong, but solely in revenge for a past or previous wrong, regardless of
how serious the past or previous wrong might have been, when the episode involving the previous wrong has
ended. Such person is not justified in revenge by deliberately seeking out and assaulting the alleged
wrongdoer.
If you find from the evidence in this case that the defendant used force against the alleged victim named in
this indictment in order to prevent an impending wrong which the defendant reasonably believed was about
to be committed by such other person, and that the defendant reasonably believed that such force was
necessary in order to prevent such impending wrong (death or great bodily injury to the defendant, or to
prevent the commission of a forcible felony), then that use of force would be justified, and it would be your
duty to acquit the defendant.
On the other hand, if you believe beyond a reasonable doubt from the evidence in this case that the
defendant used force against the alleged victim named in the indictment (in the way and manner alleged in
the indictment) for the sole purpose of avenging a past or previous wrong, regardless of how serious such
previous wrong may have been, and not for the purpose of preventing an impending wrong (death or great
bodily injury to the defendant, or to prevent the commission of a forcible felony), then you would be
authorized to convict the defendant.
Verdict
If you find and believe beyond a reasonable doubt, under all the evidence and the court's instructions, that
the defendant is guilty of the offense of murder with malice aforethought, then you must specify such in your
43
verdict, and the form of your verdict in that event would be: "We, the jury, find the defendant guilty of malice
murder."
the defendant is guilty of the offense of felony murder, then you must specify such in your verdict, and the
form of your verdict in that event would be: "We, the jury, find the defendant guilty of felony murder."
the defendant is guilty of the offense of aggravated assault, then you must specify such in your verdict, and
the form of your verdict in that event would be: "We, the jury, find the defendant guilty of aggravated
assault."
Not Guilty Verdict Form
If you do not believe that the defendant is guilty of any of these offenses, or if you have any reasonable doubt
as to the defendant's guilt, then it would be your duty to acquit the defendant, in which event the form of
your verdict would be: "We, the jury, find the defendant not guilty."
Responsibility for Sentencing
You are only concerned with the guilt or innocence of the defendant. You are not to concern yourselves with
punishment.
Unanimous Verdict
Whatever your verdict is, it must be unanimous, that is, agreed by all. The verdict must be signed by one of
your members as foreperson, dated, and returned to be published in open court.
Deliberations
One of your first duties in the jury room will be to select one of your number to act as foreperson, who will
preside over your deliberations and who will sign the verdict to which all twelve of you freely and voluntarily
agree.
You should start your deliberations with an open mind. Consult with one another and consider each other's
views. Each of you must decide this case for yourself, but you should do so only after a discussion and
consideration of the case with your fellow jurors. Do not hesitate to change an opinion if convinced that it is
wrong. However, you should never surrender an honest opinion in order to be congenial or to reach a verdict
solely because of the opinions of the other jurors.
Court Has No Interest in Case
By no ruling or comment which the court has made during the progress of the trial has the court intended to
express any opinion upon the facts of this case, upon the credibility of the witnesses, upon the evidence, or
upon the guilt or innocence of the defendant.
Retire to Jury Room
You may now retire to the jury room, but do not begin your deliberations until you receive the indictment and
any evidence which has been admitted in the case.
Bailiff, escort the jury to the jury room.
44

The 2016 Mock Trial Case

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