OF JUDGMENT: 10/11/2016
COUNTY CIRCUIT COURT HON. MARGARET CAREY-MCCRAY TRIAL JUDGE
ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY:
BENJAMIN ALLEN SUBER
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
ALICIA MARIE AINSWORTH
DISTRICT ATTORNEY: WILLIE DEWAYNE RICHARDSON
LEE, C.J., FAIR AND GREENLEE, JJ.
After a bench trial in the Leflore County Circuit Court, Kacy
Williams was convicted of possession of a firearm by a
convicted felon. Williams was sentenced as a habitual
offender under Mississippi Code Annotated section 99-19-83
(Rev. 2015) to life without parole. Williams filed posttrial
motions, which the trial court denied.
Williams now appeals. He is represented by the Office of
State Public Defender. His appellate attorney raised two
issues on appeal: (1) Williams's sentence is
disproportionate to the crime, and (2) the evidence was
insufficient to support the guilty verdict. Williams also
filed a pro se brief, raising additional issues on appeal:
(3) defective indictment; (4) the trial court erred by
granting the State's motion to amend the indictment; (5)
the State failed to disclose a witness; and (6) ineffective
assistance of counsel. Finding no error, we affirm.
On December 17, 2014, officers from the Greenwood Police
Department were dispatched to the scene of a reported
shooting near McLaurin Street and Avenue F in Greenwood,
Mississippi. At the scene of the shooting, officers secured
the area, noting several spent shell casings, a bicycle, and
bullet holes in nearby vehicles. The victim, Alfonzo
Hemphill, had already been transported to the local hospital.
When interviewed by the police, Alfonzo told officers that
Williams had shot him twice in the stomach.
Williams and Alfonzo's sister, Diane Hemphill, had been
in a relationship and had a son together. Their relationship
deteriorated such that Diane, fearing for herself and her
son, obtained a domestic-violence protection order on
December 10, 2014. This order, which was still in effect at
the time of the shooting, prohibited Williams from contacting
Diane, her child with Williams, her other two children, and
Alfonzo. Alfonzo and Diane each testified that Williams had
threatened them on different occasions with violence. Diane
testified that Williams told her he would "blow her
brains out." Alfonzo testified that Williams had
threatened to shoot him.
Alfonzo stated that on the day of the shooting, he was
waiting outside a local store when he saw Williams and
Williams's father drive past in a truck. Due to
Williams's recent threats, Alfonzo retrieved his gun from
his car. Williams came back a few minutes later, riding a
bicycle. Alfonzo testified that Williams brandished a gun and
then shot him twice, stating, "I told you I was going to
get you." Alfonzo fired back, but did not hit Williams.
Williams then fled the scene, leaving the bicycle behind.
Williams was arrested months ...