Hendricks v. State

Under the doctrine of transferred intent and the facts of the case, whether the defendant intended to shoot the injured victims or only the murder victim was irrelevant.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The Honorable Supreme Court met pursuant to adjournment. The following order was passed: It appearing that the enclosed opinion decides a second-term appeal, which must be concluded by the end of the September Term on December 16, 2011, it is ordered that a motion for reconsideration, if any, must be received in the Clerk’s Office by 4:30 p.m. on Tuesday, December 6, 2011, including any motions submitted via the Court’s electronic filing system. Dewayne Lee Hendricks appeals his convictions for malice murder, aggravated assault, possession of a deadly weapon at a public gathering, possession of a firearm by a convicted felon, and possession of a firearm during the commission of aggravated assault, all in connection with the shooting death of Maurice Collier, and the non-fatal shootings of Deanthony Fleming and Akimbee Burns.1 For the reasons that follow, we affirm.

Construed to support the verdicts, the evidence showed that on the evening of January 17, 2004, Hendricks was employed as a bouncer at the Boom Boom Room dance club. There were many patrons in the club, one of whom, Corey Young, confronted another, Corey Brooks, regarding a debt for a car. Hendricks approached the men and told them they could not fight in the club. Nonetheless, a fight erupted, in which Hendricks was involved. Collier, who had not fought, produced a pistol and shot into the air. In response, Hendricks went to Collier and shouted “shoot me.” Collier replied that he did not wish to shoot Hendricks, but only wanted to stop the fight to protect a friend. As Collier put away his pistol and turned to walk away, Hendricks produced a pistol and shot in Collier’s direction. Collier fled through the crowd, and Hendricks followed, firing as he did. Collier was able to exit the front door of the club and go to the parking lot. He had been struck by three bullets and was driven to a hospital by friends. He died there of his gunshot wounds. Fleming and Burns were also injured by bullets fired from Hendricks’s pistol.

Hendricks v. State

Under the doctrine of transferred intent and the facts of the case, whether the defendant intended to shoot the injured victims or only the murder victim was irrelevant.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report