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Day v. State

Court of Appeals of Mississippi

December 3, 2013

Rashaud DAY a/k/a Rashad Day a/k/a Rashud Day a/k/a Rushed Day a/k/a Roshaud D. Day a/k/a Roshaud Day a/k/a Rashard Day, Appellant
v.
STATE of Mississippi, Appellee.

Page 1012

Adrienne Annett Hooper-Wooten, attorney for appellant.

Office of the Attorney General by Ladonna C. Holland, attorney for appellee.

Before GRIFFIS, P.J., BARNES and JAMES, JJ.

BARNES, J.

¶ 1. A Holmes County jury convicted Rashaud Day of murder. He was sentenced to life imprisonment in the custody of the Mississippi Department of Corrections (MDOC). Day now appeals, claiming the verdict was against the sufficiency and weight of the evidence. Finding no error, we affirm.

Page 1013

STATEMENT OF FACTS AND PROCEDURAL HISTORY

¶ 2. During the afternoon of April 12, 2011, after smoking a marijuana " blunt" and " just chilling," Cortney Coleman and his friend Hildrey Glover (a.k.a. " One-Eyed-Poo" or " Poo" ) drove to Pickens, Mississippi, to get something to eat. While in Pickens, they decided to go to the house of Terry Brown (a.k.a. " Milk" ). There, a few men were sitting under some trees. Cortney and Hildrey decided to get out of their vehicle and socialize. Both men were unarmed. Hildrey rolled another blunt, and Cortney walked over to a table and began playing dominoes with an individual known as " Fruit Loop." Hildrey and Zera Harmon (Milk's cousin) sat at the table and watched. Cortney, Hildrey, and Zera were all smoking a blunt. Zera was also drinking alcohol.

¶ 3. While Cortney played dominoes, Day ran up behind him and shot him in the back with a sawed-off 20-gauge shotgun. Day kept running and left the scene. Zera, Fruit Loop, and Hildrey all witnessed the shooting. Hildrey said he heard Day say, " I told [you] I was gonna get him," as he shot Cortney. Day's brother, Cortez, also witnessed the shooting. He said his brother's demeanor was " the same" as usual while shooting Cortney. Cortney died soon after his arrival at the hospital. Later that day, Day turned himself in to law enforcement and gave a statement admitting he sneaked up behind Cortney and shot him. Cortney's autopsy showed he died from a close-range shotgun wound to his back, which caused massive lacerations to Cortney's heart and lungs.

¶ 4. None of the eyewitnesses to Cortney's murder saw any confrontation between Cortney and Day on the day of the killing. Hildrey and Cortez testified that Cortney may not have seen Day on the premises. Zera, however, testified that after Cortney got out of his vehicle, he went and stood near Day and spoke to him, but she could not hear whet was said. Zera and Cortez also testified that they had never seen Cortney at Milk's residence before, but that Day went there quite often. Zera was also concerned about Cortney and Hildrey's arrival at the social gathering because she had heard on the streets that Cortney and Day had " beef."

¶ 5. During the three-day trial, there was evidence presented that Cortney had attempted to shoot Day on two prior occasions. Chief Joe Davis, who took Day's statement after the murder, testified that Day told him the reason he shot Cortney was because Cortney had previously shot him in the head.[1] Medical records were entered into evidence that Day had indeed gone to the hospital for a gunshot wound to the back of the head on February 28, 2011. Dr. Frank Brown treated Day, who had come into the emergency room complaining of pain to the back of the head as a result of being shot. No bullet entered Day's skull, and Dr. Brown determined Day's injury was not life threatening. Dr. Brown's medical notes stated that Day claimed the shooting occurred at a housing complex in Pickens, and law enforcement had been called to the scene. However, Day never implicated Cortney in the shooting until after he had killed Cortney.

¶ 6. Additionally, Callisha, Day's sister, claimed that the month before the murder she overhead Cortney say he was " gunna kill" Day " and stuff like that." She also knew about Cortney's shooting Day because she had helped take Day to the hospital. One of Day's cousins testified

Page 1014

that he, Day, Cortez, and another individual were in Fruit Loop's vehicle the evening of the first shooting. Cortney pulled up in a vehicle, and then backed off. Minutes later, they heard a ...


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