JOHN ED OLIVER, II A/K/A JOHN ED OLIVER A/K/A JOHN OLIVER A/K/A JOHN OLIVER, II A/K/A JOHN EDWARD OLIVER, II APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 02/02/2016
COUNTY CIRCUIT COURT HON. ROBERT P. CHAMBERLIN JUDGE
ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY:
GEORGE T. HOLMES
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
KATY T. GERBER
DISTRICT ATTORNEY: JOHN W. CHAMPION
GRIFFIS, P.J., CARLTON AND GREENLEE, JJ.
John Ed Oliver II was convicted of the armed robbery of
Christian Rone. On appeal, Oliver argues an insufficiency of
the evidence since the State of Mississippi failed to prove
that the taking was effectuated through fear of immediate
injury to Rone. We find no error and affirm.
AND PROCEDURAL HISTORY
Oliver and Danny Kaye Hubbard Jr. were indicted on the
charges of Count I, conspiracy to commit armed robbery, and
Count II, armed robbery. The State proceeded to trial against
Oliver on Count II only.
At trial, Rone testified that, on November 16, 2013, he was
riding his skateboard on the sidewalk when Oliver pulled up
beside him in a vehicle. Rone and Oliver were acquaintances
from high school. There was a passenger in the vehicle with
Oliver whom Rone recognized, but did not know his name.
Oliver asked Rone to use his cellphone. Rone agreed to let
Oliver borrow his phone. Rone stated that Oliver pushed a few
buttons and then indicated that he was going to keep the
phone. When Rone asked that Oliver return the phone, Oliver
said he was going to keep it. Rone demanded that Oliver
return the phone, to which Oliver replied, "Who do you
think you're talking to?" According to Rone, Oliver
then reached under the seat and pulled out a gun. Rone asked
Oliver to return the phone, and Oliver replied, "No, I
don't think you know who you're talking to."
According to Rone, Oliver then cocked the gun and pointed it
Rone continued to ask for his phone. However, Oliver started
to drive off in the vehicle. At that point, Rone grabbed on
to the side of the car window. Oliver continued to drive,
throwing Rone off the vehicle. Rone subsequently told his
parents about the incident and called the police.
When asked how he felt when the gun was exhibited, Rone
I felt pretty scared. At the split second it happened, I felt
shock, a lot of shock. I mean, at first when he just gestured
at me, I was like I know he's just kidding, but then as
soon as he cocked the gun, everything kind of dropped, and it
got really serious at that moment. I was really scared, but I
still tried to make one desperate move about it, and then
when he drove off, I knew it was over with. I knew he was
still pointing the gun at me while he was still driving
explained that he did not have "a whole lot of
time" to think since the entire incident lasted
approximately three minutes.
Detective Todd Samples testified that Rone's phone was
recovered at Oliver's residence. Following Oliver's
arrest, Detective Samples conducted two interviews with
Oliver. During his initial interview, Oliver indicated that
he was the only person in the vehicle and denied the presence
of a gun. "A couple of days" after the first
interview, Oliver requested a second interview. During the
second interview, Oliver stated that Hubbard was in the
vehicle with him at the time of the incident and that ...