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Jarvis v. State

Court of Appeals of Mississippi

February 19, 2019

THADDEUS L. JARVIS, JR. A/K/A THADDEUS LATHOMAS JARVIS A/K/A NO A/K/A THADDEUS L. JARVIS APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 06/14/2017

          MADISON COUNTY CIRCUIT COURT HON. STEVE S. RATCLIFF III JUDGE

          ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: MOLLIE MARIE MCMILLIN

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: LAURA HOGAN TEDDER

          DISTRICT ATTORNEY: MICHAEL GUEST

         EN BANC.

          TINDELL, J.

         ¶1. A Madison County jury convicted Thaddeus Jarvis Jr. of one count each of armed robbery, kidnapping, burglary, and conspiracy to commit armed robbery. The Madison County Circuit Court then sentenced Jarvis as a habitual offender to concurrent sentences of thirty-five years for armed robbery, thirty years for kidnapping, twenty-five years for burglary of a dwelling, and five years for conspiracy to commit armed robbery, all in the custody of the Mississippi Department of Corrections (MDOC). On appeal, Jarvis argues the circuit court erroneously admitted into evidence two Facebook videos because the videos' prejudicial effect significantly outweighed their probative value. Finding no error, we affirm Jarvis's convictions and sentences.

         FACTS

         ¶2. Around 7 a.m. on September 12, 2016, two men forcibly entered Christopher and Hilda Crawford's home in Madison County, Mississippi, and robbed the Crawfords at gunpoint. Christopher testified that, as he went into his garage to leave for work, two assailants with Glock-style pistols forced him back into his home. Although the gunmen wore bandanas over the bottom portion of their faces and ordered him to lie face down on the floor, Christopher was able to provide the police with a physical description of the men. Christopher testified at trial that the men were two black males-one man was darker skinned and about 6'1" to 6'2", and the second man was lighter skinned and about 5'6" to 5'8". The two assailants demanded money and jewelry and then forced Christopher into his bedroom, where his wife was sleeping. One gunman held the Crawfords in their bedroom while the other rummaged through drawers in various parts of the house. The gunmen stole about $73, 000 in cash and jewelry, including Christopher's Presidential Rolex watch, Hilda's Rolex, a gold-coin pendant necklace, several diamond rings, and $7, 500 in cash. Before leaving the Crawfords' home, the gunmen covered Christopher's head with a pillowcase and instructed him to count to one thousand before removing the pillowcase. The gunmen also warned the Crawfords to not call the police. After the gunmen left, the Crawfords went across the street to Hilda's mother's home and phoned the authorities.

         ¶3. When the police arrived, they took into evidence a piece of a white car, called a ground effect, that had fallen off at the end of the Crawfords' driveway. The police also found video footage from a neighbor's security camera that showed a white car pull up to the Crawfords' residence. Two men exited the vehicle and walked toward the Crawfords' home. The police learned that a neighbor had also seen a white two-door car with a specialty Reservoir license plate parked in front of the Crawfords' home around the time of the home invasion. The neighbor reported that the car's passenger window was partially rolled down with hand prints along the top as though someone had tried unsuccessfully to pull up the window.

         ¶4. Ridgeland Police Detective Adrian Ready investigated the home invasion. Detective Ready testified that the police received an anonymous tip from a caller who stated that he believed Steve Milton and another man named "Lucky" had committed the home invasion. The caller reported that the two men and Milton's girlfriend, Stacy Duckworth, were staying at Room 311 of the Extended Studio Hotel off Fortification Street in Jackson, Mississippi. The caller mentioned details about the home invasion not released to the public. Based upon the caller's information, the police obtained a search warrant and discovered Duckworth and Milton inside the hotel room. In addition to finding a GPS with the Crawfords' address typed into it, the police seized a cell phone with a picture taken the day of the home invasion that showed a black male wearing a Presidential Rolex exactly like the one stolen from the Crawfords.

         ¶5. At the time the police entered the hotel room, Duckworth was texting Christopher. Duckworth told police that she and Christopher had been in a dating relationship for the past five years. At trial, Christopher confirmed his affair with Duckworth. Christopher's text messages to Duckworth indicated that he suspected Duckworth's boyfriend, Milton, of having a part in the home invasion.

         ¶6. Although Milton and Duckworth did not know "Lucky's" real name, they told police that he lived in another room at the hotel. Duckworth also mentioned that "Lucky" drove a white two-door Infiniti. Upon searching the parking lot, the police located a white two-door Infiniti G35 with a Reservoir license plate. The car's passenger-side window was partially down with hand prints along its top as though someone had tried to force the window back up. The car was also missing a ground effect behind the front passenger-side wheel. Detective Ready testified that the ground effect found at the Crawfords' home matched the one missing from the front passenger side of the Infiniti G35. The police checked the car's license plate and learned it had recently been reported stolen from Pearl, Mississippi. Detective Ready remembered working on a prior armed-robbery case involving a suspect named "Lucky" who lived in Pearl. The connection helped police locate Gregory Trigg's mother, who confirmed "Lucky" was her son's nickname. The police returned to the Extended Studio Hotel with a driver's license photo of Trigg. The hotel's management confirmed that Trigg had a room ...


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