CHAD WILLARD A/K/A CHAD WAYNE WILLARD A/K/A CHAD W. WILLARD APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 07/30/2015
COUNTY CIRCUIT COURT HON. CHRISTOPHER LOUIS SCHMIDT TRIAL
ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY:
GEORGE T. HOLMES.
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
KAYLYN HAVRILLA MCCLINTON.
DISTRICT ATTORNEY: JOEL SMITH.
A jury sitting before the Stone County Circuit Court found
Chad Willard guilty of sexual battery. On appeal, Willard
claims the circuit court erred when it excluded a portion of
his only witness's testimony based on a discovery
violation. We agree. Accordingly, we reverse the circuit
court's judgment and remand the case for a new trial.
As of Monday, May 14, 2012, Sally had been living in a mobile
home in Stone County, Mississippi, for approximately ten
days. She had four roommates: Dalton and Dylan Willard,
Chad Knight, and Brandon Warden. They began playing a
drinking game that evening, and they continued until they ran
through a case of beer sometime around 8:00 p.m.
At approximately 1:00 a.m., Willard's girlfriend, Beth,
picked them up and drove everyone to Willard's house,
where they had mixed drinks. Sally had four "big
glasses." During the hour or two that they were at
Willard's house, Beth got "upset" because she
"thought [Sally] was acting too flirty with . . .
Willard." Sometime between 2:00 and 3:00 a.m., Willard
drove everyone but Beth back to the mobile
home. Sally, Dalton, and Brandon then drove to
Harrison County to buy more beer. They got back at
approximately 4:00 a.m.
According to Sally, Willard fell asleep in Dylan's bed
sometime around 5:00 a.m. Dalton and Warden also fell asleep
in different beds. By 7:00 a.m., everyone who was awake had
stopped drinking. Sally and Dylan woke up Warden and told him
to move to "a little mattress on the floor in the living
room." Sally and Dylan were both intoxicated when they
went to bed.
Sally later testified that before they fell asleep, Willard
came into the room and got into bed with them sometime around
8:00 a.m. Dylan was between Sally and Willard. When Willard
told Dylan to tell Sally to take off her clothes, she
"kind of just laughed it off" because she
"just thought he was being a drunk pervert, " and
went to sleep while wearing her dress.
When Sally woke up what she perceived as approximately an
hour later, Dylan was gone, her underwear had been removed,
Willard was on top of her, and they were having intercourse.
She told Willard to stop, but she did not scream or yell. She
did not know if Willard complied when she told him to stop
because she "blacked out at that point." During
direct examination, she said she did not physically try to
stop him. But during cross-examination, she testified that
she tried to push him away. Although she initially said that
"four or five minutes" elapsed from the time that
she woke up and later "black[ed] out, " she later
said that "[i]t wasn't a long period of time."
Ultimately she said she did not know how long she was awake,
but "[i]t did feel like a long time."
When Sally finally woke up around 2:00 p.m., her underwear
was on the floor, but she was still wearing her dress. She
put on her underwear before leaving the bedroom. Dylan was
still asleep, but Dalton and Warden were shocked when Sally
told them what had happened. She took a shower, and she did
not immediately contact authorities because she was scared
and "[k]ind of in shock."
There are conflicting accounts regarding when Sally first
reported Willard. According to Sally, she went to her
mother's house later that day, which would have been May
15, 2012. She also said that "it was like maybe two
hours before the police got there." However,
Investigator Ray Boggs said that Sergeant Adam Guidry called
him about Sally's report around 8:00 p.m. on May 16,
2012. In any event, Sergeant Guidry drove Sally to the
sheriff's department on May 16, 2012, where she met with
Investigator Boggs, who later described her as
"distraught, " "upset, " and "very
emotional." Sally gave him a written statement, and the
unwashed dress and underwear that she wore Monday night and
The next morning, Investigator Boggs took Sally's clothes
to the Mississippi Crime Laboratory. He then went to
Willard's house. At Investigator Boggs's request,
Willard met with him at the sheriff's department. In a
short written statement, Willard admitted that he slept at
the mobile home, but he said he did not have sex with Sally.
That evening, Sally underwent a sexual-assault examination.
Investigator Boggs went to the mobile home to contact Dalton,
Dylan, Warden, and Knight. No one answered the door on May
17, 2012. Investigator Boggs went back the next day, but no
one answered the door then, either. Investigator Boggs later
testified that he "eventually spoke with them, "
but "[t]hey were very uncooperative." Eventually,
three people gave short undated statements. Only Dylan's
was mentioned with any specificity. Overall, Investigator
Boggs opined that Dalton, Dylan, Knight, and Warden simply
did not want to be involved in the case. Investigator Boggs
did not contact Beth, because no one mentioned her during his
At trial, the prosecution called Sally, Investigator Boggs,
the nurse practitioner who performed the sexual-assault
examination, and two expert witnesses employed by the
Mississippi Crime Laboratory. The nurse practitioner who
performed the sexual-assault examination explained that Sally
did not have any vaginal trauma, but there was recent
bruising on her fingers, lower back, left inner thigh, and
left leg. The expert witnesses testified that seminal fluid
was on Sally's underwear, and DNA testing ...