 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
State v. Sims11/29/1999
Appellants Umi and Mosi Sims, twins at birth, appeal their convictions for second-degree felony murder and manslaughter in the first degree, respectively. Umi challenges (1) the trial court's refusal to instruct on the defense of another on the basis that Umi's parents and sister were not present, (2) the to-convict instruction, (3) prosecutorial conduct, (4) the effectiveness of his counsel, and (5) the trial court's limitation on the duration of closing argument. If he does not succeed on any of these issues, he argues that cumulative error requires reversal. Mosi argues (1) that the evidence was insufficient to prove that he was guilty of first-degree manslaughter based on his being an accomplice to second-degree felony murder, and (2) that his counsel was ineffective. Finding that none of these challenges warrant reversal, we affirm the convictions of both Umi and Mosi Sims.
BACKGROUND
Umi and Mosi Sims were charged by amended information with first degree murder (Count I) or, in the alternative, with second-degree felony murder based on the predicate offense of second-degree assault (Count II). A second amended information charged that Umi and Mosi were armed with a handgun. The defendants were tried together before a jury.
The evidence at trial showed that on the day of the shooting, Mosi went to the bank, accompanied by his girlfriend and her brother, in the girlfriend's car. Outside the bank, they encountered Vendell Henderson. Mosi wanted to engage Henderson in a fight over some past history between them, but before doing so, the girlfriend drove the group to the house where Mosi's brother Umi lived. Umi was outside when they arrived, and Mosi told Umi that he had seen Henderson. Umi went into the house, put on his coat, grabbed his gun and concealed it under his coat, returned to the car, and got into the rear passenger seat directly behind Mosi. The group drove back toward the bank. Somewhere between the house and the bank, Umi placed the gun under the baby seat that was beside him. He testified that he did not let anyone else in the car see that he had the gun. Mosi testified that he was unaware that Umi brought a gun to the fight.
After returning to the vicinity of the bank, Mosi and Umi found and fought with Henderson. The fight broke up without serious injury to anyone. As the participants were separating, Henderson threatened to kill the Sims brothers' parents and sister, who were not present but lived a quarter mile away. The girlfriend's brother testified that when Henderson made these threats he sounded like a "lunatic". Umi retrieved his handgun from the car and fired two shots in the direction of Henderson. The second shot killed him.
Umi testified that he did not intend to shoot Henderson but wanted to "send him a message not to mess with my parents or my family." He testified that he took Henderson's threats seriously because he knew Henderson was a gang member, had access to guns, knew where his parents lived, and had engaged in what Umi considered threatening behavior on prior occasions. Umi testified that he did not think that Henderson could run to his parents' house faster than he could drive there in the car and that he did not think Henderson was intending to run there.
The trial court denied Umi's request for a jury instruction on justifiable homicide in defense of another on the grounds that the family members were not present. The jury found Umi guilty on the lesser-included offense to Count I of second degree murder, guilty on Count II, second degree felony murder, and further found that he was armed with a deadly weapon.
The trial court granted Mosi's motion for directed verdict on
Page 1 2 3 4 5 6 7 8 9 10 11 Washington Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|