346 So.3d 512
Miss. Ct. App.2022Background
- Roy McNair was tried and convicted in Forrest County for aggravated domestic violence for shooting his wife, Rosie; sentenced to 20 years in MDOC and ordered to pay court costs.
- On Sept. 24, 2017, Rosie was shot through a window at the marital residence at approximately 7:57 p.m.; she survived but required long‑term medical care.
- Surveillance placed a vehicle matching McNair’s leaving his apartment at 7:22 p.m. and returning at 8:24 p.m.; no forced entry was found at the residence.
- McNair’s son, Devin, testified that McNair gave him a brown Ithaca shotgun and told him to “get rid of it” the night Rosie was shot; Devin later admitted initially lying to police to protect McNair.
- Forensic evidence: gunshot residue particles (including one positive particle) were found on McNair’s clothing/body; scene wadding consistent with 12‑gauge shotgun; deleted cell‑phone searches suggested possible financial motive.
- McNair appealed, challenging the sufficiency and weight of the evidence; the Court of Appeals affirmed his conviction and sentence.
Issues
| Issue | State's Argument | McNair's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to support aggravated domestic violence (use of a deadly weapon causing injury) | Surveillance, Devin’s testimony, GSR on McNair, physical evidence (wadding), and motive searches together permit a rational juror to convict. | Evidence was circumstantial, speculative, and insufficient to prove McNair shot Rosie beyond a reasonable doubt. | Affirmed — viewing evidence in the light most favorable to the State, a rational trier of fact could find guilt beyond a reasonable doubt. |
| Weight of the evidence (motion for new trial) | Credibility and conflicts go to the jury; evidence was not so overwhelmingly contrary as to constitute an unconscionable injustice. | Verdict is against the overwhelming weight given Devin’s prior felony, inconsistent statements, and limited implication from GSR. | Affirmed — appellate court will not reweigh evidence or assess credibility; verdict was not against the overwhelming weight of the evidence. |
Key Cases Cited
- Russell v. State, 296 So. 3d 217 (Miss. Ct. App. 2020) (procedural vehicles and review point for sufficiency challenges)
- Reynolds v. State, 227 So. 3d 428 (Miss. Ct. App. 2017) (standard for sufficiency review: view evidence in light most favorable to prosecution)
- McCray v. State, 263 So. 3d 1021 (Miss. Ct. App. 2018) (conviction may rest on circumstantial evidence alone)
- Grace v. State, 281 So. 3d 986 (Miss. Ct. App. 2019) (standard for disturbing verdict on weight-of-evidence grounds)
- Kirk v. State, 160 So. 3d 685 (Miss. 2015) (weight‑of‑evidence review requires showing verdict is contrary to overwhelming evidence)
- Little v. State, 233 So. 3d 288 (Miss. 2017) (appellate courts defer to jury on witness credibility)