OF JUDGMENT: 10/27/2016
COAHOMA COUNTY CIRCUIT COURT, HON. ALBERT B. SMITH III JUDGE.
ATTORNEY FOR APPELLANT: AZKI SHAH.
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
BARBARA WAKELAND BYRD.
DISTRICT ATTORNEY: BRENDA FAY MITCHELL.
GRIFFIS, P.J., BARNES AND GREENLEE, JJ.
Jarvis Brown was convicted of attempted aggravated assault
with a firearm and sentenced to ten years in the custody of
the Mississippi Department of Corrections (MDOC), with five
years suspended, and five years of post-release supervision.
He was also sentenced to an additional five years for using a
firearm in the commission of the crime, to be served
consecutively to the sentence for the assault offense.
See Miss. Code Ann. § 97-37-37 (Rev. 2014).
After the Coahoma County Circuit Court denied his posttrial
motion, he appealed, arguing that the sufficiency and weight
of the evidence do not support the verdict. Finding no error,
AND PROCEDURAL HISTORY
At approximately 8:00 p.m. on October 11, 2013, Daniell
Hampton left his local barber shop in Clarksdale, Mississippi
headed for home. He observed a dark-colored Chevrolet Tahoe
tailing his car and recognized Brown as the driver. Hampton
heard gunshots and noticed his back window was shattered; so
he drove to his mother's home nearby and notified the
Clarksdale Police Department of the shooting. He then took
his vehicle to the police station for processing. A few hours
later, Brown was taken into custody in connection with the
shooting. Hampton later identified Brown from a photo lineup.
Brown was indicted for attempted aggravated assault in
violation of Mississippi Code Annotated section 97-3-7(2)(a)
(Rev. 2006). A jury trial was held in Coahoma County Circuit
Court on July 13, 2016. Officer Jamie Stribling testified
that the police department had received a "shots
fired" call at 8:08 p.m. from an unnamed source before
Hampton contacted them and were already in route to the area.
Two 9-millimeter shell casings were recovered near where
Hampton said the shooting occurred; however, no gun was ever
found. Officer Stribling conducted a gunshot residue (GSR)
test on Brown within a few hours of the shooting and sent the
samples to the Mississippi Crime Lab. Chad Suggs, a forensic
scientist, testified the GSR analysis showed that particles
indicative of GSR were found on Brown's hands. Hampton
testified that he had known Brown for "[o]ver twelve
years," and identified him as the driver of the vehicle
from which the shots were fired. Hampton also said that when
his back windshield shattered, he looked into his rearview
mirror and saw "flames coming from the driver's side
by the mirror."
After the State rested, defense counsel moved for a directed
verdict, which the circuit court denied. Brown's
girlfriend, Aldemetrise Thomas, testified for the defense.
She claimed Brown had gone with her to Tupelo on the day of
the shooting and that they did not return to Clarksdale until
right before 10:00 p.m., thereby providing Brown with an
alibi. However, on cross-examination, Thomas admitted she
never told police officers that she was with Brown that
evening; she said she only told Brown's attorney.
Brown was found guilty and sentenced to ten years in the
custody of the MDOC, with five years suspended, and five
years of post-release supervision. He was also sentenced to
five years in MDOC custody for using a firearm in the
commission of his crime. Brown filed a motion for judgment of
acquittal, or in the alternative, for a new trial, which the
circuit court denied. On appeal, Brown contends that the