Williams v. State
| Docket Number: | 2010-KA-01062-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-14-2011 Opinion Author: Myers, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Aggravated assault - Weight of evidence - Self-defense Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton and Maxwell, JJ. Non Participating Judge(s): Russell, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 05-14-2010 Appealed from: LINCOLN COUNTY CIRCUIT COURT Judge: David H. Strong Disposition: CONVICTED OF AGGRAVATED ASSAULT AND SENTENCED TO TWENTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND TO PAY A $10,000 FINE AND RESTITUTION District Attorney: Dee Bates Case Number: 09-275-LS |
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| Party Name: | Attorney Name: | |||
| Appellant: | Jackie D. Williams |
LESLIE S. LEE
ERIN ELIZABETH PRIDGEN |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Aggravated assault - Weight of evidence - Self-defense |
| Summary of the Facts: | Jackie Williams was convicted of aggravated assault and sentenced to twenty years. He appeals. |
| Summary of Opinion Analysis: | Williams argues that the jury’s verdict is against the overwhelming weight of the evidence, because the shooting was in self-defense. Williams argues that the victim admitted he had attacked Williams before being shot, but the record does not support Williams’ claim. Instead, the victim testified that he had attempted to distract Williams so he could “knock him down” and “get away,” but only after Williams had made a threatening gesture by placing his hand in a pocket. The victim did not say what he did to distract Williams, but he was clear that the attempt failed and that there was no physical contact between the two before Williams shot him. The fact that the two men were arguing before the shooting does not make it self-defense. But even if the jury had believed the two were physically fighting before the shooting, the reasonableness of the use of deadly force by Williams would remain a jury question. The jury simply did not accept Williams’ account, and that was its decision to make. |
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