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Radau v. State

Court of Appeals of Mississippi

December 16, 2014

JEREMY WILLIAM RADAU A/K/A JEREMY RADAU A/K/A JEREMY W. RADAU, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

DATE OF JUDGMENT: 10/04/2013.

Page 1218

COURT FROM WHICH APPEALED: HARRISON COUNTY CIRCUIT COURT. TRIAL JUDGE: HON. ROGER T. CLARK. TRIAL COURT DISPOSITION: CONVICTED OF CAPITAL MURDER AND SENTENCED TO LIFE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS.

FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER, BY: JUSTIN TAYLOR COOK.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: SCOTT STUART.

BEFORE IRVING, P.J., ROBERTS AND MAXWELL, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, ROBERTS, CARLTON, FAIR AND JAMES, JJ., CONCUR.

OPINION

NATURE OF THE CASE: CRIMINAL - FELONY

Page 1219

MAXWELL, J.

¶1. Jeremy Radau was convicted of capital murder after beating a seventy-four-year-old man to death with a baseball bat. While Radau admits killing the elderly man, he disputes he intended to commit a robbery--the underlying felony that elevated the crime to capital murder. But Radau's girlfriend testified robbery was the motive. And authorities recovered the stolen cash and the baseball bat Radau lifted from the victim's apartment after killing him with it. After review, we find sufficient evidence supports the capital-murder conviction, and the verdict was not against the weight of the evidence. We affirm.

Facts and Procedural History

¶2. Around 7:30 a.m. on September 19, 2009, Radau and his girlfriend, Megan Kinberger, went to Charles Pickell's apartment in Biloxi. The couple had been on a binge all night--with Radau drinking heavily and Kinberger drinking and taking Xanax. According to Kinberger, they intended to rob Pickell.[1] And Megan had also hoped to get some Xanax pills from him.

¶3. Pickell's neighbor, Bernard Brown, heard the couple pounding on Pickell's door. When Pickell answered the door, Radau told Pickell he was friends with his daughter and was there to see if he needed food or money. Pickell let Radau and Kinberger in the apartment. Brown was suspicious of the couple, so he called Pickell and asked him if he knew them. Pickell said he did and that he was fine. But Brown thought the encounter was unusual. So when the couple momentarily left to go to their car before returning to Pickell's apartment, Brown videoed the two. Brown then left for choir practice.

¶4. Once inside the apartment, Radau claimed the three began negotiating a price for Kinberger's cleaning services. Apparently, Kinberger had previously cleaned Pickell's apartment and bought pills from Pickell. Radau testified that he asked Pickell how much money he had, and Pickell gave him $140 in cash. Radau claimed he told Pickell for an extra $100, Pickell could have sex with Kinberger. Pickell supposedly said he did not have any more money, but ...


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