Chenoweth v. State

The defendant admitted to two acquaintances that he robbed some people and shot one of them and, when officers arrested defendant for an unrelated crime seven hours after the shooting, the defendant discarded the murder weapon.

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The appellant, Junius Chenoweth, along with Ray Parker Junior, and Donald Fort, were charged with various crimes, including murder, relating to the shooting death of Humberto Hernandez.1 Chenoweth and Junior were jointly tried for the offenses, but Fort testified against Chenoweth and Junior after he was given immunity that prohibited the use of his testimony against him at any trial for the offenses in question. Chenoweth was found not guilty of malice murder, but guilty of two counts of felony murder with armed robbery and aggravated assault as the underlying felonies and other offenses. The jury found Junior not guilty of all offenses. On appeal, Chenoweth contends, among other things, that the trial court erred in admitting into evidence his statements to the police. We find no merit either to this contention or to Chenoweth’s other contentions, and therefore affirm his convictions. 1. About 1:30 a.m. on July 27, 2002, Humberto Hernandez was walking with his brother, Jose Hernandez, and a friend, Rudulfo Gutierrez, when they were assaulted in Gwinnett County. Jose Hernandez testified that he was hit and knocked to the ground; that Gutierrez was also hit and knocked down; and that Humberto Hernandez was shot. Jose also testified that his wallet was stolen, and that he did not see the attackers and has not been able to identify who attacked them. Gutierrez gave a similar description of the attack and similarly was unable to identify the attackers.

Donald Fort testified that he was not present when the crimes occurred, but that he knew Junior and Chenoweth and that Chenoweth told him that he shot Humberto Hernandez. Eddie Thomas, an acquaintance of Chenoweth, Junior, and Fort, testified that he lived close to where the crimes were committed, and that, between 1:30 a.m. and 2:30 a.m., on July 27, Chenoweth, Fort, and Junior came by his apartment. Thomas testified that Chenoweth told him that he Chenoweth had just robbed some people and shot one of them.

Chenoweth v. State

The defendant admitted to two acquaintances that he robbed some people and shot one of them and, when officers arrested defendant for an unrelated crime seven hours after the shooting, the defendant discarded the murder weapon.

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