William Ray Parks v. State of Mississippi
235 So. 3d 111
Miss. Ct. App.2017Background
- William (Bill) Parks shot and killed Joshua Tarver on December 6, 2014, after encountering Tarver and a truck/trailer stuck on Parks’s property; Parks admitted firing multiple shots and that Tarver was shot during a physical encounter.
- Parks claimed self-defense: he testified he fired warning shots, that Tarver ran toward him, and that the gun discharged during a struggle when Tarver grabbed it.
- Witnesses in the truck testified Tarver identified himself and pleaded for Parks to stop while Parks continued shooting; no one in the truck was armed or returned fire.
- Deputy medical examiner Judy Evans found Tarver dead at the scene from obvious gunshot wounds, witnessed the autopsy, and testified about cause/manner of death (though she is not a medical doctor).
- Parks was indicted for first-degree murder; a jury convicted him of heat-of-passion manslaughter and the trial court sentenced him to 20 years (18 to serve, 2 suspended) plus 2 years post-release supervision.
- On appeal Parks challenged (1) giving a heat-of-passion manslaughter instruction, (2) admission of Evans’s testimony as to cause of death (Rule 702 and Confrontation Clause), and (3) sufficiency/weight of the evidence. The Court of Appeals affirmed.
Issues
| Issue | Parks’ Argument | State’s Argument | Held |
|---|---|---|---|
| Manslaughter instruction | No evidence supported heat-of-passion; instruction allowed compromise verdict | Evidence supported heat-of-passion; instruction properly given when warranted by evidence | Affirmed: trial court did not abuse discretion; evidence supported submission to jury |
| Lay-opinion testimony (Rule 702) | Evans not qualified; her opinions were expert and should be excluded under Rule 702/Daubert | Evans testified as a lay observer about scene and autopsy she witnessed; lay opinion is permissible | Affirmed: admission not an abuse of discretion; prior precedent allows similar non-expert coroner testimony |
| Confrontation Clause (autopsy testimony) | Evans related Dr. Barnhart’s autopsy findings, violating Confrontation Clause | Parks’ counsel elicited that testimony at trial and did not object on Confrontation grounds | Affirmed: issue waived (Parks elicited testimony); any error harmless because proof of gunshot death was overwhelming |
| Sufficiency and weight of evidence | Evidence insufficient; Parks’ self-defense testimony uncontradicted so verdict should be acquittal or new trial | Viewed favorably to State, evidence supported manslaughter (provocation, continued shooting after ID) | Affirmed: evidence sufficient for a rational juror; verdict not against overwhelming weight of evidence |
Key Cases Cited
- Quinn v. State, 191 So. 3d 1227 (instruction review standard) (Miss. 2016)
- Davis v. State, 18 So. 3d 842 (jury instructions read as a whole) (Miss. 2009)
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence) (U.S. 1979)
- Bush v. State, 895 So. 2d 836 (standard for weight-of-evidence review) (Miss. 2005)
- Jones v. State, 39 So. 3d 860 (definition of heat-of-passion manslaughter) (Miss. 2010)
- Mullins v. State, 493 So. 2d 971 (heat-of-passion elements) (Miss. 1986)
- Harveston v. State, 493 So. 2d 365 (prosecution may request manslaughter instruction; test is whether evidence warrants it) (Miss. 1986)
- Tillis v. State, 176 So. 3d 37 (permitting non-physician coroner testimony on cause of death) (Miss. Ct. App. 2014)
- Neal v. State, 386 So. 2d 718 (cause of death may be shown by lay testimony) (Miss. 1980)
- Gibson v. State, 503 So. 2d 230 (circumstantial proof may establish cause of death without autopsy/expert) (Miss. 1987)
- King v. State, 168 So. 2d 637 (proof of cause of death principles) (Miss.)
- McLemore, Miss. Transp. Comm’n v. McLemore, 863 So. 2d 31 (Daubert adoption in Mississippi) (Miss. 2003)
- Burdette v. State, 110 So. 3d 296 (admission error harmless where evidence of shooting was overwhelming) (Miss. 2013)