James Kwame Topps v. State of Mississippi
227 So. 3d 1177
| Miss. Ct. App. | 2017Background
- On Aug. 16, 2015, Winona Officer Devarius Smith responded to a domestic-disturbance call involving James Topps and spoke with Topps’s wife; Topps interrupted and allegedly threatened to kill officers if touched.
- Smith called for backup; when Lieutenant Dan Herrod arrived, officers observed Topps get into a Ford Expedition and drive off, reportedly through an area where children were playing and running a stop sign.
- Officer Smith activated lights/siren and pursued Topps at high speeds; Topps continued running stop signs and drove through a fence into a pasture, where his vehicle stopped.
- As Officer Smith approached with weapon drawn, he testified Topps reversed toward him to within ~5 feet, forcing Smith to jump; Smith fired three rounds at a rear tire but did not disable the vehicle and Topps fled across a county line, where pursuit was terminated.
- Topps was charged and convicted of felony fleeing a law enforcement officer and aggravated assault on a law enforcement officer; sentenced to concurrent life terms as a habitual offender.
Issues
| Issue | Plaintiff's Argument (Topps) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Sufficiency of evidence for Count I (felony fleeing) | Officer Smith lacked reasonable suspicion to effect a lawful stop, so fleeing conviction cannot stand | Smith observed a domestic-disturbance threat and saw Topps run a stop sign; those observations supplied reasonable suspicion | Conviction affirmed — evidence sufficient (stop was supported by reasonable suspicion) |
| Sufficiency of evidence for Count II (aggravated assault on officer) | Smith's testimony is unreliable; Topps denied threatening or attempting to hit officer | Smith testified Topps threatened to kill officers and reversed his vehicle toward Smith within ~5 feet, constituting attempt to cause serious injury | Conviction affirmed — evidence sufficient for aggravated assault (attempt/intent and direct act shown) |
| Weight of the evidence for both counts (motion for new trial) | Verdicts are against the overwhelming weight of evidence and rest on unreliable/conflicting testimony | Credibility conflicts are for the jury; trial court did not abuse discretion in denying new trial | Denial of motion affirmed — verdicts not against overwhelming weight; credibility resolved by jury |
Key Cases Cited
- Bush v. State, 895 So. 2d 836 (Miss. 2005) (standard for sufficiency and weight-of-evidence review)
- Bacon v. State, 950 So. 2d 250 (Miss. Ct. App. 2007) (fleeing conviction requires that attempted stop be supported by reasonable suspicion)
- Cooper v. State, 145 So. 3d 1164 (Miss. 2014) (reasonable suspicion can arise from officer’s personal observations)
- Craig v. State, 201 So. 3d 1108 (Miss. Ct. App. 2016) (elements of attempt: intent, direct ineffectual act, failure to consummate)
- Brooks v. State, 18 So. 3d 833 (Miss. 2009) (defining attempt elements cited in Craig)
- Brown v. State, 995 So. 2d 698 (Miss. 2008) (credibility conflicts are for the jury to resolve)
- Waits v. State, 119 So. 3d 1024 (Miss. 2013) (trial court’s denial of new trial reviewed for abuse of discretion)