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State v. Austin4/14/2005
The defendant, James Austin, was indicted along with co-defendants, Carlos Summers and Parnell Austin, for the first degree murder of Dedrick Jennings. The defendant was tried separately and convicted by a jury of second degree murder, a Class A felony. The defendant was sentenced as a Range I, standard offender to twenty-two years, to be served 100% as a violent offender. He appeals his conviction on the grounds of insufficient evidence to support the conviction and the sentence, due to alleged inappropriate application of enhancement factors in light of Blakely.
Factual Background
On September 18, 1999, Myka Warmsley hosted a birthday party at her apartment at 1337 Turkey Run in Memphis. The party began early in the day and culminated late in the evening with the shooting death of Dedrick Jennings by the defendant, James Austin.
The State presented five witnesses who were present at the party when the killing took place. Bryant Jennings, a cousin of the victim, had played cards at the party with the victim, Terrence Hill, and the defendant. Jennings and the victim were partners against Hill and the defendant. "Trash talking" ensued between the two teams and escalated between the victim and the defendant to the point of "fighting words" being exchanged. The defendant began insisting that Hill take him home. Eventually, Hill and the defendant left the party. Jennings stated that the defendant returned in the company of his brother, Parnell Austin, and Carlos Summers. Jennings stated that all three men were carrying guns. Jennings started calling out the victim's name to warn him, then ran upstairs to hide. Jennings heard the host repeating the words, "don't do that." After hearing a gunshot, Jennings ran back downstairs. Outside on the patio, he found the victim lying on the ground, bleeding from the mouth. Jennings stated the victim had consumed alcohol and used marijuana at the party. To Jennings' knowledge, the victim was not armed.
Ms. Danielle Branch testified that she arrived at the party between 5:00 and 5:30 p.m. Later in the evening, she saw three men enter the apartment with guns. The party guests started running. The defendant said, "where's that nigger at?" The victim ran from the kitchen and bumped the defendant, who was in the entrance door. She said the victim fell outside and landed on his back. The defendant was over the victim, and she observed the defendant shoot the victim. After the shooting, she saw Carlos Summers kick the victim and spit on him. The defendant and his two companions then left the scene in a gold Cadillac. Branch said she had not seen the victim with a weapon.
Myka Warmsley, the hostess of the party, estimated that between thirty and fifty people attended. She stated that the defendant seemed "kind of upset" when he left the party. Ms. Warmsley was in the kitchen, preparing the victim a plate of food, when the defendant and his companions returned. She saw that the defendant, Carlos Summers, and Parnell Austin each had a gun. She tried to calm Carlos Summers and then intervened when Parnell Austin started upstairs. The defendant had been by the entrance door. Ms. Warmsley heard a gunshot and ran to the door, where she saw a body lying outside. She bolted upstairs, called the police, and looked out the window. She witnessed Carlos Summers hitting and kicking the victim. The defendant and his companions then left the scene in a gold Cadillac.
Ms. Khamesa Jefferson was grilling food on the patio at Ms. Warmsley's apartment when the defendant, his brother, and Carlos Summers came to the party. She said two of the three co-defendants had guns, but she could not recall which individuals were armed.
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