Artea Chilton v. State of Mississippi
245 So. 3d 525
| Miss. Ct. App. | 2017Background
- On Oct. 19, 2012, Artea Chilton entered BancorpSouth wearing a Guy Fawkes mask on the back of his head, told branch manager Tina Gibbs he was "going to buy a Dodge," then told Gibbs he wanted all the money and said he had a gun; Gibbs hit a silent alarm and gave bait money to Chilton.
- Chilton left the bank with a bag of money, got into a red Mustang with passenger Darisha Johnson, and threw money (with trackers) from the car; police pursued and arrested Chilton. No gun was recovered.
- A grand jury indicted Chilton for armed robbery under Mississippi Code §97-3-79; he was tried, convicted by a jury, and sentenced to 25 years (20 to serve, 5 PRS) and a $5,000 fine.
- Posttrial motion for JNOV or new trial was denied; Chilton appealed raising multiple issues: indictment sufficiency, two jury instructions (S-4 and S-1A), sufficiency/weight of evidence, and exclusion of a music video he sought to admit.
- The Court of Appeals affirmed, rejecting Chilton’s challenges to the indictment, instructions, sufficiency/weight claims, and the exclusion of the video.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Chilton) | Held |
|---|---|---|---|
| Indictment fatally defective | Indictment charged armed robbery referencing §97-3-79 and "stating that he was armed with a gun," giving notice of armed-robbery theory | Indictment failed to allege the statutory phrase "exhibition of a deadly weapon," so it omits an essential element | Not defective; indictment provided adequate notice and referenced statute/title "armed robbery" so omission was not fatal |
| Jury instruction S-4 (overt act / reasonable belief) | Instruction correctly states law that victim need not actually see weapon if defendant made overt act causing reasonable belief | Instruction impermissibly comments on weight of evidence and is argumentative | Court approved S-4 as correct statement of law and not an abuse of discretion |
| Jury instruction S-1A (elements) | S-1A tracked statutory language and instructed jury on elements including indication of deadly weapon and lesser-included robbery | Instruction omitted the words "felonious intent" and allegedly failed to state "exhibition" element | No reversible error: omission of the words "felonious intent" does not relieve State of burden; instruction was adequate and track statute |
| Sufficiency / weight of evidence | Evidence (Gibbs’ testimony that Chilton said he was robbing bank and had a gun; bait money recovered; conduct during flight) established felonious intent and exhibition by implication | Argues State failed to prove felonious intent and that he exhibited a deadly weapon | Evidence sufficient and weight not so contrary to justice to warrant new trial; conviction affirmed |
| Exclusion of defendant’s music video | Exclusion proper because video was not relevant to a material fact (no dispute on clothing/mask; witnesses said mask worn on back of head; Johnson testified Chilton often wore masks) | Video showing same mask/clothes three days earlier explained why he wore mask and was relevant to identity/intent | Trial court did not abuse discretion excluding video as irrelevant |
Key Cases Cited
- Warren v. State, 187 So. 3d 616 (Miss. 2016) (standards for reviewing indictment defects and prejudice inquiry)
- Dambrell v. State, 903 So. 2d 681 (Miss. 2005) (overt act plus reasonable belief by victim satisfies armed-robbery weapon element)
- Williams v. State, 134 So. 3d 732 (Miss. 2014) (approving instruction that victim need not actually see weapon when reasonable belief established)
- Veazy v. State, 113 So. 3d 1226 (Miss. 2013) (elements of robbery and armed robbery)
- Lannom v. State, 464 So. 2d 492 (Miss. 1985) ("robbery" terminology implies intent to steal; absence of literal words "felonious intent" in instruction not reversible error)