OF JUDGMENT: 10/11/2018
HARRISON COUNTY CIRCUIT COURT, FIRST JUDICIAL DISTRICT HON.
LISA P. DODSON JUDGE
ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY:
ERIN ELIZABETH BRIGGS
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
ABBIE EASON KOONCE
DISTRICT ATTORNEY: JOEL SMITH
J. WILSON, P.J., WESTBROOKS AND LAWRENCE, JJ.
Following a jury trial, Shawn Moffett was convicted of
carjacking and attempting to leave the scene of an accident.
On appeal, Moffett does not challenge his carjacking
conviction but argues that the evidence was insufficient to
convict him of attempting to leave the scene. We hold that
the State presented sufficient evidence to convict Moffett.
Therefore, we affirm Moffett's convictions and sentences.
AND PROCEDURAL HISTORY
On April 22, 2016, Shawn Moffett was supposed to go fishing
with his mother, his stepfather, and two of his sister's
friends. That morning, Moffett learned that he was not going
to be able to live with his sister or his grandmother, which
apparently upset him.Nonetheless, he went with the group to go
fishing. Moffett joined his sister and her two friends in his
sister's car, while his mother and stepfather went in
their car. Moffett apparently smoked marijuana while riding
in his sister's car.
The group stopped at Sweet Peppers Deli on Highway 49 in
Gulfport. While in the restaurant's parking lot, Moffett
became uncontrollably angry. He kicked or punched out a back
window of his sister's car, climbed through the broken
window, and assaulted his sister. Moffett was bleeding by
this point and began angrily running, stumbling, and rolling
through the parking lot. Moffett then ran out into traffic on
Highway 49. He was kicking and swinging at passing cars and
finally lay down in the road.
Kumi Magee was driving north on Highway 49 when he saw
Moffett lying in the road. Magee stopped his car to try to
help Moffett. Moffett responded by threatening to kill Magee.
Magee then walked back to his car, but Moffett rushed him.
Magee, a licensed security guard, then drew his gun and tried
to calm Moffett. However, Moffett continued to run at Magee.
The two men tussled briefly before Moffett disengaged.
Moffett noticed a Volkswagen Passat driving by in the
slow-moving traffic. Moffett ran up to the Passat and tried
to open the driver's door, but it was locked. He then
jumped on top of the car and dove in through the sunroof. The
startled driver abandoned her car and ran across the highway
in fear. Moffett then began driving the Passat and struck
another vehicle. The Passat stalled, but Moffett restarted it
and sped north on Highway 49.
Moffett ran a red light at the intersection of Highway 49 and
O'Neal Road. He clipped a Cadillac that was traveling
east on O'Neal Road and then slammed into the
driver's side of a Nissan Altima that was also traveling
through the intersection. The Passat spun out and came to
rest in a grassy area ninety feet off of the roadway. An
accident reconstructionist concluded that the Passat was