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State v. Davis9/12/2003
g his sons he would be home in fifteen minutes. When Powers arrived at Davis' house, Davis and his brother, Corey Brim, were sitting on the porch, drinking brandy. Powers took a bag (with the gun inside), into the house. The three men then continued to drink for a while. Brim left about 11:30 p.m., and Powers and Davis began talking about the people from Detroit. Powers suggested that they try to find the men, so Powers and Davis left around midnight, with the rifle. Before they left, Davis took the telephone upstairs to his girlfriend, Jessica, who was sleeping, in case something happened while he was gone.The two men then drove by apartments where they thought the Detroit people might be staying. However, they did not stop. Around 1:00 a.m., they did stop at the home of Tetra Harrison, who had lived with Dozier before he went to prison. Davis and Powers asked Harrison about the men from Detroit, but she did not know anything. Consequently, the two men left Harrison's home around 1:45 a.m., and returned to Davis' house.
. The events that transpired from then on are known only to Davis. According to Davis, he and Powers watched television for a while. Powers then said he was going to leave. Powers asked Davis what he wanted to do about the men from Detroit, since there was another place they could have checked. Powers also asked Davis if he was scared. As Powers talked, he picked up the gun and started to point it at himself. Davis had previously chambered the gun and did not think Powers was aware of it. As a result, Davis grabbed the gun, and also tripped over Powers' feet. In the process, the gun went off, with a single bullet striking Powers in the chest.
. After the shooting occurred, Davis ran upstairs to get the phone and call 911. He also asked Jessica to check on Powers. During the subsequent 911 call, the dispatcher asked what happened, and Davis said, "It's - it's just a bunch of dumb shit. We was drinking." Davis did tell the dispatcher, after being asked, that the shooting was accidental. However, when the dispatcher asked about the gun, Davis stopped talking. He explained later that he realized then that the weapon was illegal and ran outside to hide it. Just as Davis returned to the house, the police arrived. Davis was very upset and did not respond to questions from the police about the location of the gun or the "shooter."
. The police left an officer on the porch to guard Davis and went inside, where they found Powers sitting on the couch, with a single gunshot wound to the chest. Powers was dead, and there were no signs of a struggle. Subsequently, Davis was taken to the police station and questioned for about four hours, but he generally refused to answer questions. Tape recordings of the interrogation were suppressed prior to trial. However, the State was allowed to submit transcripts of the recording for impeachment purposes, after Davis took the stand. The recordings show some inconsistencies with Davis's trial testimony, even though many comments on the recordings are incoherent.
. During trial, the court dismissed charges of drug trafficking and receiving stolen property. The remaining charges were submitted to the jury, which found Davis guilty on two counts of involuntary manslaughter (Counts III and VIII), on one count of tampering with evidence, and on one count of having a weapon under disability. Due to irregularities regarding the jury instructions and verdict form for Count VIII, the trial court recalled the jury after it had been dismissed. After the jury was given a new verdict form and further instructions, it again found Davis guilty on Count VIII.
. Davis appeals from his conviction and sentence, raising seven assi
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