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.

Evans v. State

Court of Appeals of Mississippi

July 23, 2019

QUAYTEACE SAMARASHOOD EVANS A/K/A QUAYTEACE EVANS A/K/A QUAYTEACE SMARSHODD EVANS A/K/A QUAYTEAU EVANS A/K/A QUAY EVANS A/K/A QUAYTEACE SHAM EVANS APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 06/20/2018

          SCOTT COUNTY CIRCUIT COURT HON. CHRISTOPHER A. COLLINS TRIAL JUDGE:

          ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: ERIN E. BRIGGS

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: ABBIE EASON KOONCE

          DISTRICT ATTORNEY: STEVEN SIMEON KILGORE

          BEFORE J. WILSON, P.J., TINDELL AND LAWRENCE, JJ.

          J. WILSON, P.J.

         ¶1. Following a jury trial, Quayteace Evans was convicted of manslaughter and aggravated assault. The circuit court sentenced Evans to serve consecutive terms of twenty years in the custody of the Mississippi Department of Corrections (MDOC) for manslaughter, twenty years in MDOC custody for aggravated assault, and five years in MDOC custody for using a firearm in the commission of the aggravated assault. See Miss. Code Ann. § 97-37- 37(1) (Rev. 2014). On appeal, Evans does not raise any issue with respect to his convictions. He argues only that his five-year sentence for using a firearm must be reversed and rendered because he did not receive pretrial notice that the State would seek an enhanced sentence under section 97-37-37. We agree that our Supreme Court's decision in Sallie v. State, 155 So.3d 760 (Miss. 2015), requires us to reverse the firearm enhancement. Therefore, Evans's convictions and consecutive twenty-year sentences are affirmed, but his additional five-year sentence for using a firearm is reversed and rendered.

         FACTS AND PROCEDURAL HISTORY

         ¶2. On the night of December 10, 2016, a group of men were hanging out at Eddie Lee Dozier's home in Morton. Everyone eventually left except for Dozier, Evans, Dazavius Palm, and Evans's younger brother, Samuel "Tez" Evans.

         ¶3. Dozier testified that he and Palm were in the kitchen talking when Evans walked in suddenly and shot them both. Dozier testified that he did not have a gun with him and did not know why Evans shot them. Palm died from a single gunshot wound to the head. Dozier was also shot in the head but survived.

         ¶4. Tez testified that he had just walked into the kitchen when Evans shot Dozier and Palm. Tez did not know why Evans shot the two men. Tez did not notice anyone fighting before the shooting and did not see either Palm or Dozier holding a gun. Evans and Tez quickly left the house, but Evans then went back inside, and Tez heard another gunshot. Evans then came back outside and told Tez that he had fired Dozier's gun "to make it look like [Dozier] shot first."

         ¶5. After Evans was arrested, he provided two written statements about the shooting.[1] In his first statement, which he provided five days after the shooting, Evans said that Dozier had accused him of sleeping with Dozier's girlfriend, which Evans denied. Evans claimed that he was standing in the kitchen near Palm when Dozier fired a shot from his pistol, so Evans returned fire and hit both Dozier and Palm. In his second written statement, which he provided about a month after the shooting, Evans again stated that Dozier was angry because he thought Evans was sleeping with his girlfriend. Evans stated that he overheard Dozier and Palm cursing about him and possibly threatening to kill him. When he heard this, Evans said he "blinked out," "got tunnel vision," and fired his gun. He shot Dozier first, then Palm. He also picked up Dozier's gun and fired it into the floor before leaving.

         ¶6. At trial, Evans testified in his own defense. He testified that Dozier confronted him and accused him of sleeping with Dozier's girlfriend, which Evans denied. Evans testified that he later heard Palm make threatening statements, which he interpreted as threats to shoot him. According to Evans, he was later in the kitchen with Dozier and Palm. He claimed that he saw a gun in Dozier's hand, and he believed that Palm had a gun in his pocket. Evans testified that he slowly removed a gun from his own pocket because he thought that Dozier was about to shoot him. According to Evans, he asked Dozier and Palm, "What's going on? What's going on?" Evans testified that, at that moment, Tez opened the kitchen door, and he (Evans) "just shot, shot twice." He admitted that he intentionally pulled the trigger and shot both Palm and Dozier, but he claimed that ...


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.