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Lloyd v. State

Court of Appeals of Mississippi

March 7, 2017

JABROSKI LLOYD A/K/A GUCCI APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 08/18/2015

         BOLIVAR COUNTY CIRCUIT COURT, FIRST JUDICIAL DISTRICT TRIAL JUDGE: HON. ALBERT B. SMITH III

          ATTORNEY FOR APPELLANT: Azki Shah

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: ABBIE EASON KOONCE DISTRICT ATTORNEY: BRENDA FAY MITCHELL

          BEFORE IRVING, P.J., FAIR AND WILSON, JJ.

          WILSON, J.

         ¶1. Following a jury trial, Jabroski Lloyd was convicted of aggravated assault and sentenced to fifteen years in prison, with five years suspended, and five years' post-release supervision. Lloyd argues that the jury's verdict was against the overwhelming weight of the evidence. It was not, so we affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. A Bolivar County grand jury indicted Lloyd for kidnapping Kendrick Cage, Keith Thomas, and Patrick Adams (counts I, II, and III) and aggravated assault of Touman Reed and Torian Johnson (counts IV and V). Just prior to trial, the State asked that counts II, III, and V be dismissed because Thomas, Adams, and Johnson were not available to testify.

         ¶3. Cage testified that on the night of March 9, 2013, he went to a party at a club in Rosedale. Shortly after midnight on March 10, he left the club with his friends, Thomas and Adams. They got into a blue car owned by Cage's girlfriend. Cage was in the driver's seat, Thomas was in the front passenger's seat, and Adams was in the backseat. Before Cage could start the car, he heard gunshots, and Lloyd jumped into the backseat. Cage did not know Lloyd, but Lloyd had a gun and ordered him to "drive." As Cage drove through town, he bumped a red car that was stopped at a stop sign. Cage started to stop, but Lloyd "had the gun on [him] and . . . told [him] to keep going, " so he drove on. Thomas and Adams jumped out of the car when it slowed to make a turn. After Cage turned onto Highway 1 South, he saw the red car he had bumped in the rearview mirror. Lloyd then jumped into the front passenger's seat, leaned out the window, and fired at the red car. As the cars approached the town of Beulah, Lloyd fired his gun again and ordered Cage to "keep on driving or he was going to kill [Cage] like he did someone else." Lloyd used his cell phone to call someone to pick him up, and Cage eventually parked in the town of Benoit. Cage then fled the car and ran into the woods, leaving the key in the ignition and Lloyd in the car. Cage remained in the woods the rest of the night because he was afraid of Lloyd. In the morning, he went to the Bolivar County Sheriff's Department and spoke to Investigator Michael Williams.

         ¶4. Reed, an off-duty deputy sheriff, was driving the red car. His cousin, Johnson, was with him. Reed followed the blue car when it left the scene of the collision, and he saw Thomas and Adams jump out of the car a few blocks later. Reed continued to follow the blue car onto Highway 1 South. He ended his pursuit after a passenger in the blue car leaned out the window and fired a gun at his car twice. Reed was certain that a passenger in the car, not its driver, fired at him. One of the two shots struck Reed's car in the front bumper. Reed then went back and found Adams, whom he knew, and Thomas.

         ¶5. Investigator Williams interviewed Thomas, Adams, and Reed around 1:30 a.m. He then obtained a warrant and arrested Lloyd at Lloyd's grandmother's house in Rosedale around 3 a.m. Williams collected a gunshot residue kit from Lloyd, which he sent to the Mississippi Crime Lab for analysis. Particles indicative of gunshot residue were found on Lloyd's left palm and the back of his left hand. Crime lab analyst Jacob Burchfield testified that a test is considered "positive" if round particles of lead, barium, and antimony are identified. If all three elements are present but the particles are not round, or if two elements are present and the particles are round, the test is considered "indicative of gunshot residue." It is considered "indicative, " rather than "positive, " because studies have found that such particles may reflect gunshot residue or exposure to brake pads or fireworks.

         ¶6. At trial, Lloyd's attorney, Azki Shah, attempted to impeach Cage with a letter that Shah claimed to have received in the mail in August 2014. The letter was signed by Cage and dated ...


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