302 So.3d 1230
Miss. Ct. App.2020Background
- Thompson was convicted (Sept. 7, 2018) of accessory after the fact to murder and sentenced to 20 years (2 suspended; 18 to serve) with 2 years reporting probation.
- Victim Jamarcus Townsend was killed after a gang-related shooting between Black Disciples and Vice Lords; several Black Disciples (including Lofton, Myers, Chapman) were involved in the incident.
- Witnesses placed Thompson at her home shortly after the shooting; Lofton and Powers testified Thompson knew the men had “killed somebody.”
- Thompson and co-defendant Jessica Powers transported Lofton, Myers, and Chapman to Meridian and to a Black Disciples safe house; those men were arrested by U.S. Marshals 3–12 days later.
- The State relied mainly on Lofton’s and Powers’s testimony plus an investigator’s testimony that Thompson did not assist police; Thompson argued the State failed to prove a completed felony or her guilty knowledge.
- Trial court denied Thompson’s directed-verdict and new-trial motions; the Court of Appeals affirmed the conviction, with one partial dissent and one full dissent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence (directed verdict) | State: Lofton and Powers testified Thompson knew the men had killed someone and she transported them to avoid arrest; evidence permits a jury to find every element of accessory after the fact | Thompson: State failed to prove a completed felony or that she had actual guilty knowledge; Lofton’s conduct may have been defensive and his plea (conspiracy) doesn’t prove murder | Affirmed — viewing evidence in State's favor, a rational juror could find each element proved; denial of directed verdict proper |
| Weight of the evidence (new trial) | State: testimony and delay in arrests show Thompson aided felons to avoid arrest; credibility and conflicts for jury to resolve | Thompson: Verdict is against overwhelming weight given ambiguity about whether a felony occurred and lack of proof of her mens rea | Affirmed — appellate court will not reweigh evidence; trial court did not abuse discretion in denying new trial |
Key Cases Cited
- Sanford v. State, 247 So. 3d 1242 (de novo sufficiency review standard)
- Lenoir v. State, 222 So. 3d 273 (view evidence in light most favorable to State)
- Poole v. State, 46 So. 3d 290 (standard for sufficiency review)
- Harris v. State, 290 So. 2d 924 (elements of accessory after the fact)
- Bailey v. State, 960 So. 2d 583 (definition/interpretation of accessory after the fact)
- Daniels v. State, 107 So. 3d 961 (standard for appellate review of weight-of-evidence new-trial rulings)
- Little v. State, 233 So. 3d 288 (appellate restraint on reweighing evidence)
- Matula v. State, 220 So. 2d 833 (requirement of actual guilty knowledge for accessory after the fact)
- Davis v. State, 485 So. 2d 1055 (conspiracy as a distinct, complete offense)