Kale Scott v. State of Mississippi
220 So. 3d 957
| Miss. | 2017Background
- On May 22, 2014, at a crowded high-school graduation party in Columbus, MS, Kale Scott shot Devin Montgomery multiple times and Frederick Smith once; Montgomery later died. Scott admitted he was the shooter.
- Several eyewitnesses testified Montgomery was not armed, was trying to leave, and was shot in the back from at least three feet away; one witness identified Scott as the shooter.
- Scott testified he had been beaten and dazed during an earlier altercation, brought a gun for protection, and fired after "losing it," claiming self-defense but denying intent to kill.
- Physical and medical evidence showed Montgomery suffered five gunshot wounds to his back/buttocks/arms and died from those injuries; the firearm was not recovered.
- A Lowndes County jury convicted Scott of aggravated assault and first-degree murder; he received concurrent terms (twenty years, with ten suspended, and life imprisonment to run consecutively) and timely appealed.
Issues
| Issue | Scott's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to convict | Scott acted in self-defense after being struck and dazed; lacked intent for murder | Witnesses and medical evidence supported that Montgomery posed no threat, Scott approached and shot him from behind; evidence supports deliberate design and aggravated assault elements | Conviction affirmed — evidence sufficient to support jury's findings |
| Verdict against the overwhelming weight of the evidence | Verdict is unconscionable given Scott's account of being attacked and injured before the shooting | Multiple witnesses contradicted Scott; injuries and conduct after shooting undermined his account; verdict consistent with evidence | Affirmed — verdict not against overwhelming weight of the evidence |
Key Cases Cited
- Hardy v. State, 137 So. 3d 289 (Miss. 2014) (standard for reviewing legal sufficiency of the evidence)
- Hughes v. State, 983 So. 2d 270 (Miss. 2008) (legal sufficiency review principles)
- Bowser v. State, 182 So. 3d 425 (Miss. 2015) (deliberate design definition for murder)
- Jones v. State, 39 So. 3d 860 (Miss. 2010) (deliberate design may form moments before the act)
- Howell v. State, 860 So. 2d 704 (Miss. 2003) (jury may draw reasonable inferences based on common sense)
- Nicholson v. State, 523 So. 2d 68 (Miss. 1988) (jury is sole judge of witness credibility)
- Herring v. State, 691 So. 2d 948 (Miss. 1997) (review standard for weight-of-the-evidence claims)
- Bush v. State, 895 So. 2d 836 (Miss. 2005) (verdict will be disturbed only when contrary to overwhelming weight of the evidence)