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
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 06/20/2018
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
J. WILSON, P.J., TINDELL AND LAWRENCE, JJ.
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 PROCEDURAL HISTORY
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"
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
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."
After Evans was arrested, he provided two written statements
about the shooting. 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.
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 ...