BRYMON HAMP, JR. A/K/A BRYMON SHIELD HAMP, JR. A/K/A BOOJACK A/K/A BRYMON HAMP A/K/A BRYMON A. HAMP A/K/A BRYMON S. HAMP A/K/A BRYMON SHILED HAMP A/K/A BRYMON SHIELD HAMP APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 01/23/2014
COUNTY CIRCUIT COURT HON. CHARLES E. WEBSTER TRIAL JUDGE.
ATTORNEYS FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY:
R. STEWART SMITH JR.
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
BARBARA WAKELAND BYRD
LEE, C.J., JAMES AND GREENLEE, JJ.
In this appeal, we must decide whether the Circuit Court of
Coahoma County erred in denying Brymon Hamp Jr.'s motion
AND PROCEDURAL HISTORY
On July 29, 2010, a concerned citizen reported that something
had happened to Gerald Simmons at his nearby liquor store in
Friars Point, Mississippi. The chief of police of Friars
Point, Tracy Vance, went to the store and found the door
open, Simmons lying on the floor semi-conscious and with
gashes to his head, and blood spatter throughout the store.
The cash register was open, and no bills were in the
cash-register drawer. Shortly thereafter, Simmons was
transported to the hospital.
While Chief Vance was at Simmons's store, he received a
phone call from an anonymous caller. The caller stated Jerry
Carr and another person "supposed to been hit [sic]
Simmons, " and they were driving a "black box
Chevy." Chief Vance relayed this information to the
Coahoma County dispatcher and Investigator Neal Mitchell with
the Coahoma County Sheriff's Department.
Investigator Mitchell went to the hospital, where he
attempted to interview Simmons, who was in and out of
consciousness. According to Investigator Mitchell,
Simmons's son was present during the interview and
suggested that two individuals assaulted Simmons. Then
Simmons, during a moment of consciousness, stated that
possibly two young, black males had assaulted him.
Investigator Herbert Thomas was at the hospital while
Investigator Mitchell interviewed Simmons. Investigator
Thomas also received a phone call from an anonymous caller.
According to Investigator Thomas, the caller stated:
"The people y'all are looking for [are] BooJack,
Bootchie[, ] and Yount. They're going to be in a black
faded box Chevy headed toward . . . Clarksdale."
Investigator Thomas knew Bootchie and Yount were nicknames
for Carr and Tyonda Tenner, respectively. At the time,
Investigator Thomas did not know that BooJack was Hamp's
nickname. Investigator Thomas relayed the information to
Sergeant Oliver Mitchell. And a be-on-the-lookout
("BOLO") was issued.
Deputy Dewayne Harvey with the Coahoma County Sheriff's
Department spotted a vehicle matching the description in the
BOLO, with Carr in the passenger seat and another person
driving. Deputy Harvey intended to stop the vehicle as soon
as it reached a more populated area. As Deputy Harvey began
following the vehicle, the driver-later determined to be
Hamp-increased speed. Deputy Harvey testified that the
vehicle "got up to a high rate of speed[, ] . . . maybe
60, 65 [miles per hour, ]" before he turned his blue
lights on. At that point, Deputy Harvey turned on his blue
lights and attempted to pull the vehicle over. A pursuit
ensued, which lasted approximately ten minutes. According to
Deputy Harvey, the vehicle reached speeds as high as 85 miles
per hour on a two-lane road. However, Deputy Harvey did not
have a radar in his vehicle. The vehicle also ran several
stop signs and nearly collided with another vehicle. After
Deputy Harvey called for backup, the vehicle was eventually
pulled over. The officers detained Hamp and Carr and
recovered $304 from Hamp and $282 from Carr. Investigator
Thomas noticed a blood stain on Hamp's shoe, so
Hamp's shoes and later his clothes were seized. In the
vehicle, a bottle of vodka was on the front seat and a case
of gin was on the back seat.
Hamp filed a pretrial motion to exclude the physical evidence
that was obtained as a result of the investigatory stop on
July 29. Defense counsel argued that the investigatory stop
was based on information from anonymous informants, that the
tips bore no indicia of reliability, and that the officers
did not investigate the veracity of the information. After a
hearing on the motion, the trial court found ...