Mitchell v. State

Evidence that defendant borrowed a friend's handgun before the murder and asked the friend to help him kill the victim supported defendant's malice murder conviction.

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A jury found appellant Sekou Mitchell guilty of malice murder, possession of a firearm during the commission of an offense, and concealing the death of another in connection with the shooting death of appellant’s stepfather, Jay Cee Ellis. The jury also found appellant guilty of intimidating a witness and of having committed a battery against his girlfriend. Mitchell appeals, contending the evidence presented by the State was not sufficient to authorize his convictions and complaining that testimony given by two accomplices was not sufficiently corroborated.1

The State presented evidence that a masked gunman who had been hidden in the victim’s van shot the victim in his van in his driveway as he prepared to drive his eight-year-old daughter to school. After shooting the victim, the gunman told the young girl to get out of the van, and the gunman drove away in the van with the victim. Several hours after the shooting, the van and the victim’s body were found at a local motel. After exiting the van, the child ran to a neighbor’s home to report what had happened and, according to the neighbor, told the neighbor the gunman sounded like her brother, appellant. At trial, however, the child denied having made such a statement. An autopsy of the victim revealed he had been shot twice behind his right ear. A forensic microanalyst testified that the bullets retrieved from the victim’s body were consistent with having been fired from a .38-caliber handgun revolver or a .357 magnum. A friend of appellant testified that appellant borrowed his .38-caliber gun one or two weeks before the crime, and asked him to help him kill the victim. The witness stated appellant was annoyed by reports of the victim’s extramarital affairs and had mentioned the existence of a life insurance policy on the victim. On the day the victim was killed, appellant told the witness the victim was dead and appellant had handled his business and left no fingerprints.

Mitchell v. State

Evidence that defendant borrowed a friend's handgun before the murder and asked the friend to help him kill the victim supported defendant's malice murder conviction.

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