Curry v. State

The defendant shot the murder victim nine times without provocation.

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The appellant, Curtis Curry, appeals from his conviction of several crimes, including murder, stemming from the shooting of his cousin, Brian Robinson.1 On appeal, Curry contends that the trial court erred in rejecting Curry’s offer to stipulate to his status as a convicted felon on the felony murder count of the indictment that was predicated on Curry’s status as a convicted felon; that the trial court erred in charging the jury on intent; and that the trial court improperly commented on the evidence when it questioned a witness. We conclude that, even if the trial court erred in rejecting Curry’s offer to stipulate to his status as a convicted felon, the error was harmless, and that, although the trial court erred in charging on intent, the error was also harmless. As for Curry’s last contention, we conclude that the trial court did not improperly comment on the evidence. For these reasons, we affirm Curry’s convictions. 1. In the early morning hours of November 29, 1998, Curry went to a party at the apartment of Shantras Scott with his friends, Rodney Harrison and Charity Dagadu, and his cousin, Brian Robinson. Three eyewitnesses —Harrison, Dagadu, and Jacob Wood —testified that Curry, without provocation from Robinson, shot Robinson nine times about 3:30 a.m. Shortly thereafter, Joseph Gwiazdzinski, who was also at the party, called Curry a psychopath, and Curry struck Gwiazdzinski with his gun, knocking him out and cutting his head severely.

When police responded to the scene, Curry was still present and resisted arrest. One officer attempted to put handcuffs on Curry, and Curry told her not “to fucking touch me” and that “you’re going to have to kill me first bitch.” When another officer attempted to put handcuffs on Curry, Curry punched him, scratched him with his fingernails, and tried to get his gun out of his holster. Ultimately, three officers were able to subdue Curry.

Curry v. State

The defendant shot the murder victim nine times without provocation.

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