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Bragg v. State

The defendant admitted on videotape that he killed the victim and demonstrated how he did it.

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Charles Eric Bragg appeals from his convictions for malice murder, possession of a firearm during the commission of a crime, and concealing the death of another.1 Bragg claims that the trial court erred in failing to admit into evidence a hearsay statement by Sam Moreau implicating another person as the shooter. Finding no error, we affirm. 1. Viewed in the light most favorable to the jury’s determination of guilt, the evidence at trial showed that Michael Scott Brown was shot in the back of the head with Bragg’s gun in the woods behind Bragg’s family’s property on October 21, 2001. The victim’s body was found in a landfill two days later.

The day the body was found, Jason McCall, a friend of Bragg’s, confided to his fiance that Bragg shot the victim, then called McCall to help dispose of the body. Several months later McCall’s fiance relayed this information to the police, which led to McCall confessing his role in the concealment. He also agreed to secretly videotape a conversation with Bragg about the shooting. On the tape, which was played for the jury, Bragg laughs and brags about killing the victim, and at one point stands up to demonstrate how he did it.

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