 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Runion v. State12/4/2000
Appellant Travis Earl Runion was convicted of first-degree murder with the use of a deadly weapon and attempted murder with the use of a deadly weapon for shooting from the window of his vehicle into another vehicle, killing one passenger and wounding another. Runion now appeals on several grounds. For the reasons set forth below, we reverse his convictions for first-degree murder and attempted murder and remand this matter to the district court for a new trial.
FACTS
In October of 1996, Runion was driving his friend, Darla Spomer, to her mother's home when he became involved in an altercation with the occupants of a vehicle driven by Stephen Goldman near the intersection of Pecos Drive and Stewart Avenue in Las Vegas. Runion fired a gun into the passenger side of Goldman's vehicle, killing Josh Pendergraft and wounding Moses Companioni. Witnesses to the shooting contacted police who, after interviewing witnesses and investigating the scene, arrested Runion for murder and attempted murder.
Runion's trial began in February of 1998, at which time conflicting evidence concerning the shooting was adduced.
Companioni testified that Runion was the initial aggressor. He claimed that Runion pulled up alongside Goldman's vehicle and initiated an argument with Pendergraft. Companioni admitted that there was a gun in Goldman's vehicle, but insisted that it was under the hood at all times that day and was never in the passenger compartment.
Goldman testified that Pendergraft had "flipped Runion off" and that a verbal argument ensued between the two at the intersection. Goldman further testified that he ducked when he heard shots coming from the direction of Runion's car. Goldman claimed that the .9 mm weapon, located in the vehicle's engine compartment, to which he later directed police, belonged to a friend, had been in the vehicle's engine compartment for some time, and was never in the passenger compartment that day.
Shortly after Goldman's testimony, a juror informed the district court in chambers that he overheard Goldman telling Companioni during a recess that "I just lied my ass off in there." After being excused from jury service, the juror testified about what he had overheard. On recall, Goldman denied making the statement and called the juror a liar.
Spomer testified that as she and Runion were driving in his car, Runion told her that a person, later identified as Pendergraft, had "flipped him off." Largely in response to leading questions posed by the prosecutor, Spomer stated that after an argument ensued at the intersection, she saw Runion pull out a gun, that she heard shots fired, and that she put her head down when the shooting started and, as a result, could not be sure whether any shots were fired from Goldman's vehicle. Spomer described the occupants of Goldman's car as "bald, white guys" who "looked like gang members" and who were swearing at Runion.
Several eyewitnesses testified that they "heard" gunshots or observed "flashes" coming from Runion's vehicle but did not observe any gunfire coming from Goldman's vehicle. However, one eyewitness testified that shots were fired from both vehicles and that she heard two different gunshots.
Several police officers testified concerning their investigation, including the subsequent impounding of a loaded .9 mm gun wrapped in a black and white bandana found in the engine compartment of Goldman's car as well as a .38 caliber bullet projectile from the passenger side door of Goldman's car. The officers also found two bullet holes in Goldman's vehicle, only one of which was fresh. Runion's weapon was never recovered and no bullet holes wer
Page 1 2 3 4 5 6 7 8 Nevada Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|