Brandy Nicole Williams v. State of Mississippi
2016-KA-00552-SCT
| Miss. | Sep 21, 2017Background
- On July 21, 2010, Brandy Williams drove Christopher Baxter in a Chevrolet Z71 during a high-speed pursuit; the truck struck and fatally injured Sheriff Garry Welford at a police checkpoint.
- Williams was charged, tried, and convicted of capital murder under Miss. Code § 97-3-19(2)(a) (killing a peace officer), and sentenced to life without parole; after an earlier reversal and remand, she was reconvicted in 2016.
- Key contested facts: whether Williams was driving at impact, whether she acted under duress/coercion by Baxter, and whether she aided and abetted Baxter if not the driver.
- Pretrial and trial evidence included Baxter’s recorded interview (played at trial), Williams’s grand-jury testimony, her recent entry into a pretrial diversion program, and two prior grand-larceny indictments.
- Procedural posture: Williams appealed, arguing (1) the indictment was defective for charging depraved-heart capital murder, (2) the trial court erred in several jury-instruction rulings (duress, eyewitness ID, aiding and abetting), and (3) the court improperly admitted evidence of prior crimes.
Issues
| Issue | Williams' Argument | State's Argument | Held |
|---|---|---|---|
| Motion to quash indictment: whether capital murder of a peace officer requires deliberate design | Indictment defective because §97-3-19(2)(a) requires deliberate-design murder, not depraved-heart theory | Statute and precedent permit capital conviction for killing an officer under depraved-heart theory; deliberate design not required | Denied — indictment sufficient; depraved-heart theory applicable to §97-3-19(2)(a) |
| Duress instruction: whether trial court should have given duress defense instruction | Williams contends she fled only under duress/coercion by Baxter and was entitled to present that theory | Evidence did not support duress elements (no imminent threat, opportunity to yield, prior knowledge of risk) | Denied — no abuse of discretion in refusing duress instruction |
| Eyewitness-identification instruction (D-7): whether instruction should excuse conviction if not proven she was driving | Requested instruction would acquit if jury not convinced she was driving at impact | Even if not driving, Williams could be guilty as aider and abettor; D-7 misstated law | Denied — instruction misstated law and was properly refused |
| Admission of prior crimes/diversion: whether evidence of two grand-larceny indictments and diversion agreement was admissible | Williams argued prior-act evidence was unfairly prejudicial and inadmissible character evidence | State argued evidence was admissible under M.R.E. 404(b) to show motive to avoid arrest (and to tell the whole story); probative value not substantially outweighed by prejudice | Affirmed — trial court did not abuse discretion; evidence admissible to show motive and provide context |
Key Cases Cited
- Fitzpatrick v. State, 175 So. 3d 515 (Miss. 2015) (depraved-heart theory may support capital murder of a peace officer)
- Colburn v. State, 201 So. 3d 462 (Miss. 2016) (standard for reviewing indictment defects)
- King v. State, 580 So. 2d 1182 (Miss. 1991) (indictment sufficient when it tracks statutory language)
- Stevenson v. State, 733 So. 2d 177 (Miss. 1998) (malice aforethought not an element of capital murder of a peace officer)
- Banyard v. State, 47 So. 3d 676 (Miss. 2010) (elements for duress defense articulated)
- Davis v. State, 18 So. 3d 842 (Miss. 2009) (duress may excuse criminal conduct when elements met)
- Hoops v. State, 681 So. 2d 521 (Miss. 1996) (aider-and-abettor principles: accomplice liability equals principal's guilt)
- Simmons v. State, 813 So. 2d 710 (Miss. 2002) (admission of other-crimes evidence when necessary to tell the complete story)