Damon Samhal Fagan v. State of Mississippi
171 So. 3d 496
| Miss. | 2015Background
- Victim K.D. (born Aug. 22, 1998) testified she was sexually abused by Damon Fagan on multiple occasions between 2007–2008 when she was in elementary/middle school; assaults included oral contact and one incident of penile insertion into her mouth.
- K.D.’s mother, Nakeia, testified K.D. had told her about prior incidents and that she personally observed Fagan kneeling between K.D.’s legs with his face near her genital area and subsequently confronted him.
- Uncle Bryan Davis reported the allegations to police in September 2012 after family communications about K.D.’s disclosure and familial tensions; Detective Kim Stevens investigated and recorded an interview with Fagan.
- In the recorded interview Fagan at times denied the allegations but also made statements the detective characterized as remorseful (e.g., "I made a mistake," "tell her I’m sorry") and admitted being in the child’s bedroom on the bed with K.D. while Nakeia entered and kicked him out.
- Fagan testified at trial, denied knowingly committing sexual battery, claimed impairment by drugs/medication, and suggested he sought to lessen exposure by seeking a lesser plea; he also acknowledged being very close to K.D. on the bed but insisted any contact was caregiving or inadvertent.
- A jury convicted Fagan on four counts of sexual battery under Miss. Code Ann. § 97-3-95(1)(d); the trial judge sentenced him to forty years with ten years on post-release supervision (thirty years to serve); Fagan appealed claiming insufficient evidence and that the verdict was against the overwhelming weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to support convictions | State: testimony (K.D., Nakeia), Fagan’s inculpatory admissions, and ages met statutory elements | Fagan: testimony unreliable—delay in reporting, family turmoil/motive to lie, and alleged impeachment of Nakeia left K.D. uncorroborated | Affirmed: viewing evidence in prosecution’s favor, rational juror could find elements beyond reasonable doubt; convictions supported |
| Whether verdict is against the overwhelming weight of the evidence | State: evidence (victim testimony, mother’s observation, interview admissions) overwhelmingly supports verdict | Fagan: same themes—credibility problems, family bias, and inconsistencies produce unconscionable injustice if allowed to stand | Affirmed: verdict not so contrary to overwhelming weight as to sanction unconscionable injustice |
Key Cases Cited
- Bush v. State, 895 So. 2d 836 (Miss. 2005) (standard for sufficiency and weight review; view evidence in light most favorable to prosecution)
- Watkins ex rel. Watkins v. Miss. Dep’t of Human Servs., 132 So. 3d 1037 (Miss. 2014) (credibility determinations are for the jury)
- Cotton v. State, 144 So. 3d 137 (Miss. 2014) (weight-of-the-evidence standard; reversal only for unconscionable injustice)