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Ingram v. State

The trial court did not abuse its discretion in denying the defendant's motion for a continuance following the events of September 11, 2001, because the case, in which the defendant threw a Molotov cocktail into an apartment window, resulting in the asphyxiation deaths of two sisters, did not involve a terror attack and the trial judge voir dired the jurors to find out if the events of September 11 had impacted their ability to be fair and impartial jurors in the case.

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Appellant Kimjon Ingram appeals from his convictions of felony murder and other crimes stemming from the asphyxiation deaths of sisters Donisha and Lexusous Henderson.1 Appellant contends, among other things, that the trial court erred in denying his motion for a continuance, that his trial counsel was constitutionally ineffective, and that the trial court erred in charging the jury. For the reasons that follow, we affirm.

1. Viewed in the light most favorable to the verdicts, the evidence showed that appellant and his former girlfriend, Cassandra Heflin, were members of the FOLKS gang. After their breakup, appellant and Heflin remained friends. On July 22, 1994, Heflin called appellant and told him that her sister was being mistreated by some members of the CRIPS gang at the apartment of Charmaine Henderson, the mother of the two deceased victims. Appellant told Heflin that he would go take care of that. She told him to blow them up if you have to, by which she meant that appellant, who always had a gun, should shoot them if necessary. Appellant then prepared Molotov cocktails with gasoline, went to Charmaine Henderson’s apartment, and threw a Molotov cocktail into her apartment window. At that time, Charmaine and her two children, as well as Cantinas White and her cousin, were in the apartment. The two children had just gone to bed, and the other three were in the TV room. When the bomb hit, it created a fireball that kept Charmaine from getting to her children. White and her cousin ran to get help. Despite help from two men, Charmaine could not get to the children.

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