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Hamp v. State

Court of Appeals of Mississippi

December 13, 2016

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
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 01/23/2014

         COAHOMA 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

          BEFORE LEE, C.J., JAMES AND GREENLEE, JJ.

          LEE, C.J.

         ¶1. In this appeal, we must decide whether the Circuit Court of Coahoma County erred in denying Brymon Hamp Jr.'s motion to suppress.

         FACTS AND PROCEDURAL HISTORY

         ¶2. 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.

         ¶3. 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.

         ¶4. 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.

         ¶5. 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.

         ¶6. 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.

         ¶7. 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 ...


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