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State v. McGrone10/11/2001
ON WRIT OF CERTIORARI
DATE OF JUDGMENT: 04/06/1999
TRIAL JUDGE: HON. JAMES E. GRAVES, JR.
COURT FROM WHICH APPEALED: HINDS COUNTY CIRCUIT COURT
DISTRICT ATTORNEY: EDWARD J. PETERS.
NATURE OF THE CASE: CRIMINAL - FELONY
DISPOSITION: AFFIRMED -10/11/2001
EN BANC.
. Timothy McGrone was indicted for one count of motor vehicle theft, a second count of aggravated assault on a law enforcement officer, a third count of aggravated assault and a fourth count of simple assault on a law enforcement officer by the Hinds County Grand Jury, all arising out of one incident. McGrone moved to have the last count, simple assault on a law enforcement officer, dismissed because the police department lost what McGrone alleged was crucial evidence in this case, the pants he was wearing when he was finally shot and arrested by the Jackson Police Department. The Hinds County Circuit Court agreed and dismissed the simple assault count. The State appealed. The Court of Appeals affirmed. We granted certiorari to solely consider the legal standard concerning preservation of evidence by the State. After due consideration, we find that the judgments of the Circuit Court and the Court of Appeals should be affirmed, but for different reasons than those cited by the Court of Appeals.
FACTS
. The following statement of facts is taken from the opinion of the Court of Appeals:
A truck belonging to Milton Dixon was stolen from his job site at Galloway Elementary School in Jackson. Shortly after the broadcast of the description of the stolen truck over police radio, an officer with the Jackson Police Department made visual contact with the truck and its occupants. Timothy McGrone was driving the truck and sped away from the police officer at a high rate of speed. A transmission went out over the police radio that McGrone would not heed police efforts to stop the truck and was attempting to elude the police.
Patrolman Robert Bufkin heard this call and set up a road block with his patrol car in an attempt to stop the speeding truck. Deborah Goldman was riding with Bufkin at the time as part of her dispatcher training. Bufkin exited the patrol car, but Goldman remained seated inside the car. McGrone drove the speeding truck at Bufkin in an attempt to run over him, forcing Bufkin to dive out of its path. This action by McGrone gave rise to the charge of aggravated assault on a law enforcement officer. McGrone then drove the truck into the side of the patrol car where Goldman was seated. This action gave rise to the second charge of aggravated assault. McGrone then lost control of the truck, causing it to crash into the side of a house. McGrone then fled on foot. Patrolman Jonathan Crawford came upon the scene and ordered McGrone to halt. According to the State, as Crawford attempted to draw his service revolver, McGrone lunged at Crawford and grabbed his arm. This action by McGrone gave rise to the simple assault charge. Fearing that McGrone would obtain Crawford's weapon, Crawford shot McGrone once in the leg. McGrone claims to have been fleeing at the time he was shot by Crawford and that a gunshot residue test of his pants would have revealed that he was not in close proximity to Crawford at the time he was shot. State v. McGrone, No. 1999-CA-00705-COA 4-5 (Miss. Ct. App. Jan. 16, 2001).
. McGrone was treated at the hospital for the gunshot wound to his leg. He was subsequently indicted for motor vehicle theft, aggravated assault on a law enforcement officer, aggravated assault and simple assault on a law enforcement officer by the Hinds County Grand Jury. McGrone filed
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