OF JUDGMENT: 09/12/2017
COAHOMA COUNTY CIRCUIT COURT HON. CHARLES E. WEBSTER 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
DISTRICT ATTORNEY: BRENDA FAY MITCHELL
IRVING, P.J., CARLTON AND FAIR, JJ.
A Coahoma County grand jury returned a two-count indictment
charging Justin Booker with one count of conspiracy to commit
the crime of robbery and one count of capital murder stemming
from the death of Davis Goon. After a trial held in September
2017, the trial court declared a mistrial as to the capital
murder charge because the jury could not reach a unanimous
verdict, but the jury did find Booker guilty of conspiracy to
commit robbery. The trial court sentenced Booker to serve
five years in the custody of the Mississippi Department of
Booker now appeals his conviction and sentence. Booker's
counsel has filed a brief pursuant to Lindsey v.
State, 939 So.2d 743 (Miss. 2005). His counsel states he
has searched the record but was unable to find any arguable
issues for appellate review. Booker was provided the
opportunity to file a pro se brief, but he failed to do so.
Finding no error, we affirm the trial court's judgment.
On the night of December 26, 2013, Davis was shot and killed
during a robbery in the grocery store he owned, Goon's
Grocery. The grand jury jointly charged Booker,
Cedric Collins, and DeSean Shields with one count of
conspiracy to commit the crime of robbery and one count of
capital murder in relation to Davis's death. Booker filed
a pretrial motion for severance of his trial from that of his
codefendants, and the trial court granted the motion.
At Booker's trial, which was held in September 2017,
jury heard testimony from Luther Lampkin, who testified that
at about 6:45 p.m. on December 26, 2013, he was grilling food
outside of his restaurant when he heard a door slam at
Goon's Grocery. Luther explained that the grocery store
was located nearby and within eyesight. Luther saw an
individual wearing a hat come out of the grocery store and
run east toward the railroad tracks. Luther heard a second
slam and saw two more individuals exit the grocery store,
followed by Davis. Luther testified that he could not tell
what kind of clothing any of the men were wearing. Luther
stated that right after the two individuals exited the store,
he heard gunshots and he saw Davis fall. Luther testified
that when he heard the gun shots, he observed that the second
of the two individuals had his arm "extended back toward
[Davis]." Luther stated that like the first person who
ran out of the store, the other two individuals also ran east
toward the railroad tracks and around the corner.
Luther told the jury that he ran over to Davis, who was lying
on his back, unresponsive. Davis's sister and father came
outside from the package store next door, and Luther told
them to call 911. Luther testified that he saw a gun laying
on the ground beside Davis.
Davis's sister, Debbie Goon, testified that on the
evening of December 26, 2013, she and her father were in
Goon's Package Store, which was located next to the
grocery store. Debbie testified that she and her father heard
gunshots, and they went outside to check on Davis. Debbie
testified that as she prepared to walk out of the package
store, she saw someone wearing a "grayish white
hood[ie]" walk past the store. Once outside, Debbie saw
Luther kneeling down by Davis, who was lying unresponsive on
the sidewalk outside of the front door of the grocery store.
Debbie saw a gun on the ground next to Davis, and she
testified that her father picked up the gun and placed it on
the counter of the grocery store. Debbie identified the gun
found on the ground next to Davis as Davis's gun.
According to Debbie, Luther instructed her to call 911.
Debbie entered the grocery store and called 911, and she
noticed at that ...