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Black v. State3/12/2001
quitted unless the statement has been disproved or shown to be false by other direct or circumstantial evidence in the case. Cannon v. State, 1995 OK CR 45, 34, 904 P.2d 89, 103, cert. denied, 516 U.S. 1176, 116 S.Ct. 1272, 134 L.Ed.2d 219 (1996).
Direct evidence of intent to commit crimes is oftentimes lacking leaving juries to rely on circumstantial evidence to determine the purpose with which a person acted. Freeman v. State, 1994 OK CR 37, 11, 876 P.2d 283, 287, cert. denied, 513 U.S. 1022, 115 S.Ct. 590, 130 L.Ed.2d 503 (1994). To prove the mental state malice aforethought, the State must show the defendant acted with a deliberate intention to take the life of another without justification. Jackson v. State, 1998 OK CR 39, 24, 964 P.2d 875, 885, cert. denied, 526 U.S. 1008, 119 S.Ct. 1150, 143 L.Ed.2d 217 (1999); Huckaby v. State, 1990 OK CR 84, 22, 804 P.2d 447, 452. This intent may be "formed instantly before committing the act by which it is carried into execution." 21 O.S.1991, § 703. Further, the law infers a design to effect death from the fact of killing unless the circumstances raise a reasonable doubt that such design existed. 21 O.S.1991, § 702.
Contrary to Appellant's assertion, the direct and circumstantial evidence presented at trial was sufficient for a rational trier of fact to conclude Appellant intended to kill Bill Pogue when he stabbed him eleven times, his statements notwithstanding. The evidence showed Cal Shankles arrived at Jesse Black's trailer where he had a private back-room conversation with Appellant and his brothers presumably advising them of his current difficulties with Justin Hightower. Shankles and the Blacks left shortly thereafter for approximately 15 to 20 minutes and returned for another private back-room discussion. Thereafter, they and Seales left in search of Justin Hightower where a fight of some kind was likely and anticipated as the evidence showed Shankles had been looking for others to help him fight Hightower as well as for weapons to use in such fight. Appellant voluntarily accompanied Shankles to the arranged confrontation armed with his knife.
When the defendants encountered the victims who Shankles wrongly identified as the men looking for him, Appellant intentionally followed Pogue's Blazer. Even though Appellant claimed that it appeared the two victims kept reaching down like they were loading guns, Appellant chose to pull in front of the Blazer and force it to stop, rather than avoid a fight with armed men. Knowing about fighting and guns, Appellant said he knew someone was going to get hurt. Without pause after the cars stopped, Jimmy and Jesse Black jumped out and rushed Lewis and Pogue in a threatening manner demonstrating a group intent to, at the very least, fight the Blazer occupants. Appellant immediately followed Jesse and joined in a fight with Lewis where Appellant quickly pulled out his knife stabbing Lewis thirteen times with wounds to the head and chest. Although Appellant claimed he acted out of fear for his and Jesse's safety, the evidence showed Lewis was fighting with three men at the time Appellant stabbed him. Given this ratio, a jury could disbelieve Appellant's statement that he acted out of fear.
Although Appellant claimed he then went to Jimmy's aid, his account of his encounter with Pogue was contradicted by his brother Jimmy. Appellant claimed Pogue failed to respond to his warning to let Jimmy go or be stabbed. Appellant said he and Pogue "locked up" rolling on the ground while Shankles hit Pogue with the club. Appellant claimed Pogue kept rolling onto the knife and refused to let go until someone said, "let him go or we're going to kill you." Jimmy, on the other hand, tes
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