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State v. Taylor6/2/2000
Dennis Sturdivant was shot and killed while trying to collect an $1,800 debt for drugs that he supplied to Russell Taylor. Taylor was convicted of second degree murder. Taylor appeals, arguing that the evidence is insufficient to support the conviction and that the trial court erred in admitting a hearsay statement expressing the opinion of a witness that Taylor planned to murder Sturdivant. Taylor also submitted a pro se brief with 48 assignments of error. We affirm.
FACTS
Russell Taylor was charged with first degree murder of Dennis Sturdivant. At trial, the defense had two theories: either Taylor shot Sturdivant in self defense or a third person, possibly Clyde Davis, shot Sturdivant. A jury convicted Taylor of the lesser-included offense of second degree murder.
On October 18, 1996, Dennis Sturdivant died of a single gunshot wound to the chest. He was shot with a 9 millimeter bullet from a .380 auto cartridge. The site of the bullet wound suggested that the gun was fired from more than two feet away. The murder weapon was never found.
The coroner found a Beretta .25 semi-automatic in Sturdivant's inside coat pocket. The gun had dirt in the barrel, and the safety was on. There were no markings on the round in the chamber, indicating that the gun had not been fired.
Sturdivant supplied methamphetamine to the Olympia area; Taylor was part of the drug distribution group in Olympia. On the night he was killed, Sturdivant and two associates, Santos and Israel, went to Olympia to collect an $1,800 debt from Taylor. Santos said they were going to collect the debt in "a physical, persuasive manner," using a "little bodily harm." Santos testified that he gave Sturdivant a .25 caliber Beretta and that it was Sturdivant's only gun. Santos also said that he was wearing a bulletproof vest, but he and Israel were not armed.
The group first went to see Clyde Davis, who helped them find Taylor at Taylor's girlfriend's apartment. When they got there, Sturdivant asked Taylor for the money. Taylor was nervous and made some phone calls to get the money. Davis described the conversations between Sturdivant and Taylor as "peaceful." Sturdivant told Taylor that all he wanted was his money. Santos said no weapons were displayed, but Davis said that when Israel stretched, it looked like he had a gun in his shirt. Tim Vermillion, a friend of Taylor's, was also there and testified that Sturdivant had a Derringer and that the others had assault rifles. Because Taylor had only $700 of the $1,800 he owed, everyone except Davis went to Taylor's apartment so he could get more money.
When they got to Taylor's apartment, four other people were there. Santos said everyone was 'chilling' and 'just sitting back having some beer," while Taylor went upstairs to try and get the money together. Later, Taylor and Sturdivant left the apartment.
After Taylor and Sturdivant left, James Lambert arrived looking for Taylor. He was told that Taylor and Sturdivant had walked up to the store to buy beer. Lambert went to find them because he wanted some "dope." He took a short cut through the buildings and saw Taylor and Sturdivant standing in a vacant lot. They were arguing, but he did not see any physical fighting. Taylor then drew a pistol and shot Sturdivant. Sturdivant did not point a pistol at Taylor, and Lambert did not see Clyde Davis or anyone else in the area. After the gun shot, Lambert ran. While running he heard a second gun shot that sounded as if it came from a different gun.
Zahra Abdi was on the street that night. She passed Taylor and another man walking down the street. They told her to wait and said they were going
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