OF JUDGMENT: 02/22/2017
WASHINGTON COUNTY CIRCUIT COURT TRIAL JUDGE: HON. MARGARET
ATTORNEYS: TAKIYAH HERMIONE PERKINS KAYLON ALEXANDER McCOU
MICHAEL ANTHONY WILLIAMS
ATTORNEYS FOR APPELLANT: OFFICE OF THE STATE PUBLIC DEFENDER
BY: HUNTER NOLAN AIKENS GEORGE T. HOLMES
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
JOSEPH SCOTT HEMLEBEN
DISTRICT ATTORNEY: WILLIE DEWAYNE RICHARDSON
KITCHENS, P.J., KING AND BEAM, JJ.
Dexter Powell was convicted of aggravated assault and felon
in possession of a firearm following a jury trial in the
Washington County Circuit Court. He appeals from those
convictions, claiming: (1) ineffective assistance of counsel,
and (2) insufficient evidence in support of the verdicts,
both of which also were against the overwhelming weight of
the evidence. Finding no reversible error, we affirm the
trial court's judgment of convictions.
On May 3, 2015, Jamarcus Barton, Darry Buck, Marcus Jones,
Larry Ross, Adrian Pam, and Eddie Brisco went to Club
Fountain after a day of drinking and playing dominos at
Barton's house. Buck drove the group to the club in a
At the club, the group encountered Powell. At some point, a
dispute broke out between Barton and Powell about an incident
that had happened in the past. The two went outside the club,
where the argument turned physical after Powell poked Barton
in the eye. At that point, Barton struck Powell and Powell
fell to the ground and urinated on himself. According to
Barton, he then helped Powell up because "[w]e're
homeboys. I mean, homeboys fight. It was over with."
Afterward, others from the group came outside to see what was
happening. When Pam saw Powell, he said, "Man, you peed
on yourself." Pam, Buck, and Barton then walked to the
corner of the street.
According to Pam, he was unaware that a physical altercation
had occurred. Pam said that while he was standing with
Powell, he heard Powell on his cellular telephone asking
someone named "D" to bring Powell a
According to Buck, Powell's childhood friend, when he saw
that Powell had urinated on himself, he insisted that he take
Powell home. Buck pulled the Tahoe around and the group got
into the truck. Buck was driving; Jones sat in the in the
front passenger seat; Barton sat behind Buck; Powell sat
behind Jones, and Pam sat in the middle seat between Barton
and Powell. Brisco sat in the third row behind Barton, Pam,
and Powell. Ross was left behind at the club.
Buck drove to Powell's house. According to Pam, when
Powell opened the door to get out, the vehicle's interior
light came on, revealing that Powell was holding a gun. Pam
grabbed the barrel of the gun and the two men struggled over
the gun, then Powell fell out of the vehicle with the gun.
When Powell stood up, he pointed the gun and fired, striking
Barton in the upper-right side of his back. Barton got out of
the vehicle on the other side and ran to the front of
vehicle, where he collapsed. Pam got out of the vehicle and
helped Barton to his feet.
According to Barton, Powell came around the back of the
vehicle still holding the gun, and "another shot went
off." Barton then took off running. ...