Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Abram v. State

Court of Appeals of Mississippi

October 16, 2018

ANTHONY RAY ABRAM A/K/A ANTHONY ABRAM APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 09/26/2016

          MARION COUNTY CIRCUIT COURT HON. PRENTISS GREENE HARRELL JUDGE

          ATTORNEY FOR APPELLANT: ROBERT G. WHITACRE JR.

          ATTORNEYFOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: LISA L. BLOUNT

          DISTRICT ATTORNEY: HALDON J. KITTRELL

          BEFORE GRIFFIS, P.J., BARNES AND GREENLEE, JJ.

          GRIFFIS, P.J.

         ¶1. Anthony Ray Abram appeals his convictions of being an accessory after the fact to first-degree murder and first-degree arson. We find Abram's assignments of error are procedurally barred and affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. On September 1, 2014, Ryan Cooper's burned body was found in the back of his smoldering Ford Ranger on East Reservoir Road in Marion County. Following an autopsy, a medical examiner determined that Cooper died from a gunshot wound to the head. A deputy-state fire marshal who examined Cooper's truck determined that the fire that had severely damaged Cooper's vehicle was not started accidentally and was due to human involvement.

         ¶3. Jerry Page was subsequently indicted on the charges of first-degree murder, first- degree arson, and simple assault on a law enforcement officer. Abram, Page's brother, was indicted on the charges of being an accessory after the fact to first-degree murder, and first-degree arson.

         ¶4. At trial, the State relied on the testimony of three witnesses: Alex Garner (Garner), Alex Abram (Alex), and David Holmes.[1]

         ¶5. Garner was the only witness that directly observed the shooting. Garner testified that at the time of the shooting, he was living in his mother's van parked near James Kelly's house on Expose Road. On the night of August 31, 2014, Cooper picked up Garner, and they drove up the road to Alex's house. When they arrived, Cooper jumped out of his truck and "got into a confrontation" with Abram, Page, Alex, and Holmes. Cooper then drove away without Garner. Garner began to walk down the road back toward Kelly's house, but Cooper picked him up and returned to Alex's house. From his truck, Cooper screamed, "[Y]'all must [not] know me. I'm a LK," and "Y'all don't scare me[.]" Garner testified that people began shooting at Cooper's truck, but he could not see whom they were because he had his head down.

         ¶6. Garner further testified that he and Cooper drove to Kelly's house, parked in the driveway, and got out of the truck. Shortly thereafter, Abram, Page, Alex, and Holmes drove up in a truck, parked nearby, and jumped out holding guns. Garner testified that Abram ran up to Cooper and put a gun to Cooper's head but then lowered the gun. Then, Page approached Cooper and shot him in the middle of his forehead at point-blank range. Cooper fell to the ground. Garner saw Alex and Holmes start walking away. Abram picked up Cooper's body from the driveway and put it in the back of Cooper's truck. Garner testified that Page threatened to kill him and his mother if Garner told anyone about the shooting. Abram then drove off in Cooper's truck, with Page following in his own truck.

         ¶7. According to Garner, about forty-five minutes later, Page returned and again threatened Garner not to tell anyone about the shooting. Garner said that he feared for his life, so he helped Page cover up the shooting by giving Page gasoline to burn Cooper's blood off Kelly's driveway. Garner said he also shoveled dirt over Cooper's blood.

         ¶8. Garner testified that he was charged with being an accessory after the fact to murder and hindering the prosecution. He agreed to plead guilty to both charges and to testify at trial in exchange for a twenty-year sentence, with sixteen years suspended, and four years to serve.

         ¶9. Alex's and Holmes's testimonies slightly differed from Garner's testimony. Both Alex and Holmes testified that on the night of the shooting, they attended a barbeque that Alex hosted at his trailer on Expose Road. When guests began to leave the barbeque, Alex and Holmes walked down the street to Kelly's house.

         ¶10. Alex testified that as he and Holmes approached Kelly's house, he saw four men standing in the yard: Cooper, Garner, Abram, and Page. Page's full-size white truck and a smaller white truck were parked in the driveway. Cooper appeared to be arguing with Page, who held a handgun. Alex said he and Holmes began to run back to his trailer when they heard a gun cock. As they ran, a gunshot rang out. Alex then saw the two white trucks pass by, but he could not identify the drivers. The State was allowed to refresh Alex's memory by playing an audio recording of a pretrial statement he gave to law enforcement. The jurors listened to the recording and were each provided a transcript of the recorded statement; however, neither the recording nor the transcript were admitted into evidence, and the transcripts were collected from the jurors immediately after the audio recording was played. Alex subsequently testified that he remembered who was ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.