OF JUDGMENT: 07/21/2016
FROM WHICH APPEALED: BOLIVAR COUNTY CIRCUIT COURT, SECOND
JUDICIAL DISTRICT, HON. ALBERT B. SMITH III, JUDGE
ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY:
W. DANIEL HINCHCLIFF
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
BILLY L. GORE
DISTRICT ATTORNEY: BRENDA FAY MITCHELL
LEE, C.J., ISHEE AND FAIR, JJ.
Jasprell Dillard was convicted by a jury in the Bolivar
County Circuit Court, Second Judicial District, of aggravated
assault with a firearm and sentenced to serve fifteen years
in the custody of the Mississippi Department of Corrections,
with an additional, consecutive five-year sentence for the
firearm enhancement, and five years' probation.
AND PROCEDURAL HISTORY
On April 12, 2014, a little after midnight, Joshua Hampton
was driving slowly down Martin Luther King Drive in Shaw,
Mississippi, when he was shot. Hampton was hit in the neck
and grazed on his arm. He crashed into a car on the side of
the road, and a passerby told him he had been shot and to not
move. Hampton told the officers responding to the scene that
it was Dillard who had shot him. Hampton was then taken by
helicopter to a hospital in Memphis, Tennessee, where he
spent at least four months recovering.
Trial took place on June 8, 2016. Hampton testified that
earlier that evening, prior to the shooting, he had been with
Raneisha Early. Early had a child with Dillard, and Hampton
testified that Dillard did not know Early was involved with
Hampton. Hampton stated that he was driving his cousin's
car that evening, and it had been parked outside of
Early's house. Hampton testified that after leaving
Early's house, he saw Marchello Gardner and Dillard on
the street. Hampton testified that he knew both Gardner and
Dillard. Gardner crossed the street, and Dillard remained on
the left side of the street, on the driver's side of
Hampton's car. Hampton stated that Dillard was standing
under a streetlight, and when he turned and looked at
Dillard, Dillard started shooting at him.
Investigator Michael Williams with the Bolivar County
Sheriff's Department testified that he responded to the
scene at the request of the Shaw Police Department. He took
numerous photographs that depicted multiple bullet holes in
the car. Investigator Williams testified that one of the
police officers on the scene had given him Dillard's name
as the suspect. Additionally, Investigator Williams testified
that he interviewed Hampton at the hospital and that Hampton
stated that Dillard had shot him. During trial, Hampton
showed the jury scars on his arm and neck from the shooting.
Additionally, Hampton identified Dillard in court as the
person who had shot him. The jury found Dillard guilty of
aggravated assault with a deadly weapon, a firearm. Dillard
now appeals, and his appellate counsel has filed a brief
pursuant to Lindsey v. State, 939 So.2d 743 (Miss.
On appeal, where the appellant's counsel does not find
any arguable issues for review, the ...