OF JUDGMENT: 05/18/2016
COUNTY CIRCUIT COURT SECOND JUDICIAL DISTRICT, HON. CHARLES
E. WEBSTER TRIAL JUDGE
ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY:
W. DANIEL HINCHCLIFF
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
KATY TAYLOR GERBER
DISTRICT ATTORNEY: BRENDA FAY MITCHELL
LEE, C.J., BARNES AND CARLTON, JJ.
Lamarcus Wallace was convicted of murder by a Bolivar County
Circuit Court jury. Wallace was sentenced to life in the
custody of the Mississippi Department of Corrections, with
the sentence to run consecutively to any previously imposed
sentences. His posttrial motion was denied, and he now
appeals, asserting the following issues: (1) the trial court
erred by failing to grant a mistrial; (2) his right to
confront witnesses was violated; (3) the State improperly
commented on his failure to call an alibi witness; and (4)
cumulative error requires reversal of his conviction.
Around 7 p.m. on September 13, 2014, Officer Earl Hodges with
the Cleveland Police Department responded to a disturbance
call near Brewer Drive in Cleveland, Mississippi. Officer
Hodges saw Wallace arguing with Tony Jones, also known as
"Fat Cat." Officer Hodges testified that the call
indicated Jones had a gun. Officer Hodges searched Jones and
told Wallace to leave the area. Officer Hodges testified that
as Wallace left, he made threatening statements to Jones. But
Officer Hodges stated he could not remember the exact
statements since his primary concern was making sure Jones
did not have a gun.
Officer Darrin White also responded to the disturbance call.
When Wallace left, Officer White heard him say to Jones,
"It isn't over." Officer White thought
Wallace's comment "sounded like revenge, " as
if "something [was] going to happen later."
On that same evening, around 9:15 p.m., Officer Emily McCain
with the Cleveland Police Department responded to a shooting
on Brewer Drive. When Officer McCain arrived she noticed
Jones lying on the driveway and bleeding from multiple
gunshot wounds. Jones died shortly thereafter. Officer White
also responded and, after seeing that Jones had been shot,
then went to look for Wallace.
Kimberly Thomas, Crystal Thomas, and Debra West were present
when the shooting occurred. Kimberly testified that she was
outside with West when she saw someone wearing a black hooded
jacket with the hood pulled over his head running toward
where Jones was standing. This person then fired several
shots at Jones. Kimberly did not see the assailant's
Crystal testified that she saw Wallace hiding behind a tree.
She said although Wallace was wearing a black hooded jacket
with the hood pulled over his head, she was able to see his
face and immediately recognized him. Crystal then went inside
the house, but could still see Wallace from an open window.
According to Crystal, Wallace was "creeping" around
and holding a gun. Once Crystal saw the gun, she ran outside.
Before she reached the door, Crystal said she heard gunshots.
West, who was dating Jones at the time, testified she was
standing outside with ...