Watkins v. State

Erroneous admission of hearsay evidence to explain investigating officer's conduct in trying to find alleged shooter who was with defendant at the time of the crimes was harmless because defendant was not able to verify alleged shooter's identity.

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Appellant John Alton Watkins was found guilty of malice murder, two counts of felony murder, armed robbery, and possession of a firearm during the commission of a crime on October 21, 1993, after a jury trial.1 The evidence presented at trial established the following: On January 10, 1993, Juan Pierre Mingo was found dead in his taxicab as a result of two gunshot wounds to the head. No money was found in the victim’s pockets, though the victim routinely carried $100 in small bills for change and had collected at least $13 in fares that night. At the time appellant was arrested for the crimes, he had $44.27 in his possession, even though he was given only $20 a week for allowance and other money for performing household chores. Police determined that the address and phone number of the last fare the victim picked up was that of appellant. When questioned, appellant denied that he had called a cab that evening and said that he had gone to a movie with his girlfriend, returned home, gone to a grocery store, and spent the rest of the evening at home. Appellant admitted later in that encounter that he had gone to see another girlfriend and had not spent the entire remainder of the evening at home.

Appellant’s uncle, with whom appellant and his mother lived, turned over to police a .22 derringer handgun and four live rounds he found among appellant’s belongings the day after the shooting. The gun had pearl handles and was identical to a gun that had been stolen from appellant’s mother. The bullet fragments recovered from the murder scene were later found to have been fired from the gun.

Watkins v. State

Erroneous admission of hearsay evidence to explain investigating officer's conduct in trying to find alleged shooter who was with defendant at the time of the crimes was harmless because defendant was not able to verify alleged shooter's identity.

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