FARON YOUNG A/K/A FARON WAYNE YOUNG A/K/A FARON W. YOUNG APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 09/02/2016
FROM WHICH APPEALED HON. DAL WILLIAMSON JONES COUNTY CIRCUIT
COURT, SECOND JUDICIAL DISTRICT TRIAL JUDGE
ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY:
HUNTER NOLAN AIKENS.
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
LISA L. BLOUNT.
IRVING, P.J., GREENLEE AND TINDELL, JJ.
Following a jury trial in the Jones County Circuit Court,
Faron Young was convicted of statutory rape and kidnapping.
The circuit court sentenced Young, as a habitual offender, to
serve two concurrent terms of thirty years in the custody of
the Mississippi Department of Corrections (MDOC).
On appeal, Young argues his convictions should be reversed
because: (1) his indictment for statutory rape was
insufficient; (2) Jury Instruction S-2A constructively
amended his indictment for kidnapping; and (3) the evidence
was insufficient to support his kidnapping conviction. For
the reasons discussed below, we affirm Young's
convictions and sentences for statutory rape and kidnapping.
On May 26, 2015, fourteen-year-old "Jane" was
living in Laurel, Mississippi with her mother,
"Susan," stepfather, and two
brothers. At about 5 p.m. that evening, Jane and one
of her brothers started arguing, and their mother told them
to go to their rooms. Jane slammed a door on her way to her
room, and her mother, Susan, followed her, reaching to grab
Jane's shoulder. Once Jane got to her room, she slammed
her bedroom door and locked it. Through the bedroom door,
Susan heard Jane telling someone on the phone that "her
mother beat her." Susan told Jane to stay in her room
and cool off. Shortly after, Susan saw Jane walk out the back
door toward the pond behind their home, where Jane often went
to be alone.
Unbeknownst to her mother, Jane had phoned Young from her
bedroom to ask that he pick her up. Jane had known Young
since she was a young child; Susan and Young used to date,
and Young was the father of Jane's youngest brother. When
Jane left her house, she walked to the Magnolia Motel on
Highway 11, where Young picked her up.
Jane testified that after Young picked her up, they drove to
a gas station in Laurel and then drove to see a piece of land
where Young wanted to put a camper. Jane said that once they
got there, she and Young had consensual sex in the back of
his truck. Jane testified that she was menstruating at that
time. She removed her tampon and underwear. Then Young got on
top of her and inserted his penis in her vagina. Jane said
Young withdrew his penis to ejaculate into a towel.
Meanwhile, Susan became concerned when she did not find Jane
at the pond behind their house. Susan texted and called Jane
but received no answer or response. Susan then called Young
because he was "like a father to Jane," and when
Jane would sometimes refuse to talk to Susan, she would talk
to Young. But Young told her that he had not heard from Jane,
had not talked to her, and did not know where she was.
Concerned, Susan called the police. As it started getting
dark outside, Susan called Young a second time and told him
she was worried about Jane and had called the police. Young
did not tell Susan that Jane was with him.
Jane testified that after she and Young had sex, they drove
to Young's home, where he and his girlfriend, Casey
Holifield, lived with their daughter. Jane watched a movie
while Young showered. Then, Young went to Jane's house
while she stayed at his home. Young later returned and drove
Jane to a cemetery near Walmart, where he dropped her off. It
was approximately 2 a.m. in the morning. Jane testified that
she walked to Walmart, called her mother, and was picked up
Deputy Carter testified that he went to the Walmart on a
dispatch call, where he found Jane, and transported her to
South Central Hospital's emergency room to have a
sexual-assault examination performed.
Emergency-room physician Dr. Thomas Bailey testified that he
performed a sexual- assault examination on Jane and took
swabs from her vulval and vaginal regions. Dr. Bailey
testified that his physical examination of Jane neither
confirmed nor negated sexual abuse. He added that he would
not expect to find physical evidence if Jane had engaged in
consensual sex. Dr. Bailey acknowledged that, during the
interview, Jane denied having had sexual
Brandy Goodman of the Mississippi Forensics Laboratory
testified as an expert forensic scientist. Goodman testified
that she tested Jane's vulval and vaginal swabs for the
presence of semen by performing a screen for seminal fluid
and a microscopic examination for sperm cells. Goodman
testified that serological screening of Jane's vulval and
vaginal swabs tested negative for the presence of sperm
cells, but her microscopic examination for the presence of
sperm cells tested positive. On cross-examination, Goodman
testified that it was highly unlikely that sperm could be
transferred to a vagina if a woman handled a towel with
ejaculate on it and then touched her vaginal area or inserted
a tampon, but she could not rule it out.
Mississippi Forensics Laboratory DNA analyst Joseph Heflin
testified that he performed a DNA analysis on Jane's
vulval and vaginal swabs and the known DNA reference samples
from both Jane and Young. Helfin testified that the male DNA
found on Jane's vaginal swabs was consistent with
Young's DNA. The odds the male DNA belonged to someone
other than Young were one in over ten billion.
Deputy Robert Little of the Jones County Sheriff's
Department testified to his involvement in the investigation.
Deputy Little said that he briefly questioned Jane at Walmart
and learned that she had been with Young since roughly 5 p.m.
that day. Deputy Little said he then headed toward
Young's house and happened to see Young in his vehicle
along the way. Deputy Little initiated a traffic stop and
read Young his Miranda rights. Young initially denied
knowing anything about Jane and denied having seen her. But
after additional questioning, Young admitted to picking Jane
up earlier that day and later dropping her off by Walmart.
Young told Little that he had been scared of getting in
trouble and had deleted all of the text messages between him
Deputy Little further testified that he drove to the piece of
land where the sexual encounter occurred and found a used
tampon, which he logged as evidence. Little said that he also
searched Young's truck and found some hair samples and a
towel in the backseat, which were logged as evidence but not
tested for DNA.
Investigator Thad Windham with the Jones County Sheriff's
Office testified that he assisted in obtaining a
consent-to-search form from Young and took a recorded
statement from Young on May 27, 2015, the day after his
arrest. An edited version of Young's statement was played
for the jury and admitted into evidence. In his statement,
Young said that he picked Jane up from the Magnolia Motel at
her request and drove to a piece of land he was considering
putting a trailer on. Young denied having sexual intercourse
with Jane. When Investigator Windham asked about the used
tampon found on the land where Jane and Young had been, Young
said "she had to pee."
Following deliberations, the jury found Young guilty of
kidnapping and statutory rape. Young filed a motion for a
judgment notwithstanding the verdict or a new trial, which
the circuit court denied. Young has timely appealed,
challenging his indictment for statutory rape and ...