Thursday, September 27, 2012

Jackson testified guillaume gallienne that after his brother told him Neal was trying to rob him, h

Peter H. Meyers complainant Schneider guillaume gallienne Marquita King.Stefanie, Public Defender Service, with whom James Klein and Samia Fam were brief, for appellant Acevedo Neal King.Magdalena, Assistant Attorney United States, with whom Ronald C. Machen Jr., United States Attorney, Roy W. McLeese III, Assistant Attorney United guillaume gallienne States at the time brief was filed, Mary B. McCord, and B. Michael ORTWEIN III, Assistant United guillaume gallienne States Attorneys, were on brief, for appellee.
Neal king and Marquita, 1 were convicted on charges arose from the shooting of Anthony Jackson. Neal King claims the court erred in accepting Jackson statement to a police officer at the scene that he knew it was Neal who had shot him, "because he tried to steal my brother." Marquita King argues that the court abused its discretion in denying her motion off and that there was insufficient evidence to support her conviction guillaume gallienne on one count of felony threats. We affirm appellant beliefs.

Neal King was convicted of assault with intention to kill while armed weapons charges and the like. The government presented evidence that on 24 November 2007, Kevin Simon, who was the older brother Anthony Jackson, was walking around the apartment complex Wingate on his way home when he saw a few new people that he knew. One of them was Neal King. After they exchanged greetings, Simon walked on, but Neal caught up with him and Simon said he had some clothes that he wanted to sell it. Simon testified that Neal led him to a nearby vacant apartment, ostensibly to show him the goods. Once there, however, Neal pulled
out a handgun, pointed it at Simon, and told him to empty his pockets. Luckily for Simon, his friend Troy Souder has been submitted and Neal told to stop. Neal put the gun down without taking any property guillaume gallienne Simon and Simon left and walked home. When he got there, he told his brother that Jackson Neal was just trying to rob him. Jackson, who also was acquainted with Neal, replied that he "was going to go down there and talk to [Neal]." Simon did not report the attempted robbery to the police at that time, he first told them about it about a month later, when they interviewed him in connection with the murder of his brother. 2
Jackson testified guillaume gallienne that after his brother told him Neal was trying to rob him, he immediately went to wingate apartment complex to look for Neal. Jackson found him standing with several other people and confronted him about having "mess [ed] with"
Simon. Neal responded with anger and told Jackson to "take. Cutting" (a nearby yard). Although Jackson could see a gun tucked in his waistband Neal's under his shirt, he accompanied Neal just to cut. As the two stood facing each other, connected to Jackson, pulled by Neal gun and shot him several times.
The first person to come to the aid of Jackson was Marcus Clark, manager of residential services wingate. Clark testified that he heard the gunshots, he looked out of his office, and saw several young men running away. Only one of them he knew was Neal. He described Neal as running with a hand pressed against
his stomach or waistband area. Clark testified that when he arrived Jackson, Jackson said he was "ready to die" and "[not] know why Neal kill him."
Milton Officer Gilchrist, the first police officer on the scene, arrived to find Clark first aid Jackson, guillaume gallienne who was lying on the ground. Gilchrist testified that he asked Jackson who shot him, and Jackson replied, "Neal." Jackson was "wincing in pain," Gilchrist said "that hurts." Gilchrist asked Jackson what Neal surname was, but Jackson said he did not know.
After Gilchrist guillaume gallienne gave this testimony, the prosecutor requested a bench conference, during which he told the court that he wished to draw the officer that Jackson also said, "He [ie, the shooter] tried to rob my brother." Said prosecutor guillaume gallienne he "especially" wanted to introduce
this evidence to crack the defense theory that Jackson and Simon had fabricated the story of the attempted robbery. The court said it would allow Gilchrist to testify in the statement because guillaume gallienne it was "part guillaume gallienne of the preliminary identification and puts statements in context." Neal's attorney
objected "on the record", but he did not articulate any basis for excluding the statement or request a limiting instruction.
Gilchrist then testified that he asked Jackson how he knew it was Neal who shot him, and Jackson replied: "Because he tried to rob my brother." When Jackson was asked about the statement at trial, he did not remember doing it or even talking
about Gilchrist.
Taking in defense of his position, Neal testified that on the day of the shooting, he had stopped to talk to a group of young people in wingate, including Troy Souder, when Jackson approached the group. Someone in the group (Neal) insulted Jackson. Jackson is

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