290 So.3d 373
Miss. Ct. App.2020Background
- On Jan 24, 2017, Kevin Dehart drove to the Yates residence where Mac Craven was visiting and confronted Mac about texting Dehart’s partner
- Dehart exited his truck with a shotgun, yelled at Mac, and fired three times while Mac was crouched between his car and an above-ground pool
- Shots left holes in the back of Mac’s car and in the pool; no one was injured; investigators recovered wadding and a shell and photographed the damage
- Dehart was indicted for attempted aggravated assault (attempt to cause bodily injury with a deadly weapon) and invoked his right not to testify at trial
- The jury was instructed on attempted aggravated assault and the lesser-included offense of simple assault and convicted Dehart; he was sentenced to 12 years (8 to serve, 4 suspended with 4 years post-release supervision)
- Dehart appealed, arguing (1) insufficiency of the evidence to prove intent to cause bodily injury, and (2) that the verdict was against the overwhelming weight of the evidence
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to support attempted aggravated assault | Dehart: Evidence did not prove intent to injure; shots meant only to scare/intimidate | State: Three shots fired at where Mac was crouched, witness testimony and photos support attempt to cause bodily injury | Conviction affirmed; evidence sufficient to prove attempt to cause bodily injury with a deadly weapon |
| Weight of the evidence / motion for new trial | Dehart: Verdict is contrary to overwhelming weight; only intended to scare | State: Jury credited testimony and physical evidence; jury could reject simple-assault theory and find attempt | Verdict not against the overwhelming weight; new trial denied |
Key Cases Cited
- Sellers v. State, 108 So. 3d 456 (Miss. Ct. App. 2012) (standard for reviewing sufficiency of evidence)
- McCray v. State, 263 So. 3d 1021 (Miss. Ct. App. 2018) (intent required for attempt)
- Foreman v. State, 51 So. 3d 957 (Miss. 2011) (firing a weapon can support aggravated-assault-related convictions)
- Brown v. State, 157 So. 3d 836 (Miss. Ct. App. 2014) (distinguishing factual circumstances supporting aggravated assault)
- Johnson v. State, 264 So. 3d 822 (Miss. Ct. App. 2018) (attempt convictions supported where weapon was aimed and a firing sound occurred)
- Thomas v. State, 48 So. 3d 460 (Miss. 2010) (standard for motions challenging weight of the evidence)
- Jones v. State, 154 So. 3d 872 (Miss. 2014) (will not disturb jury verdict unless allowing it would sanction unconscionable injustice)
- Bradford v. State, 102 So. 3d 312 (Miss. Ct. App. 2012) (viewing evidence in light most favorable to the verdict when reviewing weight issues)
- Day v. State, 126 So. 3d 1011 (Miss. Ct. App. 2013) (jury’s role in resolving credibility and weight)