The armed robbery conviction of Artea Chilton in Forrest County Circuit Court was affirmed by the Mississippi Supreme Court last week after it declined to hear his Mississippi Court of Appeals denial from December 2017.
Chilton appealed his Circuit Court conviction, claiming the indictment was fatally defective; the circuit court erred when it gave jury instruction S-4; the circuit court erred when it gave jury instruction S-1A; there was insufficient evidence to convict him and the verdict is against the overwhelming weight of the evidence; and the circuit court erred in prohibiting him from introducing a video into evidence.
He continued his appeal to the State Supreme Court, which concurred with the State Court of Appeals in denying his claims and declined to hear the case.
Chilton was indicted on a charge of armed robbery using a deadly weapon. After a jury trial, Chilton was found guilty of armed robbery, and the Forrest County Circuit Court sentenced him to 25 years in the custody of the Mississippi Department of Corrections, with 20 years to serve, five years of post-release supervision and a $5,000 fine. After sentencing, Chilton filed a motion for a judgment notwithstanding the verdict or, in the alternative, a new trial, which the court denied after a hearing. After the Appeals Court review of the record, it affirmed the conviction.
On Oct. 19, 2012, Chilton picked up Darisha Johnson from her apartment complex while driving a red Mustang to take her to get something to eat. Johnson testified that
Chilton instead drove to McMullan Motors and spoke with a salesman later identified as Dewayne Morris.
Morris testified that Chilton wanted to look at the fastest and most expensive car at the dealership. Morris directed Chilton to a Dodge Charger that was on display inside of the dealership. Morris discussed a listing price of $55,000, but explained to Chilton that he could possibly sell the car for $50,000 if Chilton paid cash. Both Chilton and Morris testified that Chilton said that he was going to the bank to retrieve the cash for the car, and that he would be right back.
Johnson said she and Chilton left McMullan Motors and drove to a BancorpSouth branch. Chilton, dressed in all black and wearing a mask on the back of his head, walked into the BancorpSouth and loudly asked a teller who the owner of the bank was. The teller directed Chilton to Tina Gibbs, the branch manager.
Gibbs testified that Chilton walked into her office and stated that he wanted money because he was going to buy a Dodge. Gibbs testified that she felt a bit uneasy because of the mask Chilton was wearing is known as the “Guy Fawkes” mask. It is perhaps best known as the mask appearing in the movie “V for Vendetta.”
Gibbs initially thought Chilton was robbing the bank until he mentioned the car. So, she asked Chilton whether he wanted a loan. Gibbs testified that Chilton responded that he did not need a loan. Gibbs stated that he wanted all of the money, and that he was robbing the bank. By this time, Gibbs had pressed the silent alarm located on the side of her desk.
Gibbs later testified that Chilton said he had a gun and gestured as though it was in his pocket. However, Gibbs stated she never actually saw Chilton’s gun.
Chilton argued that the indictment was fatally defective because it failed to charge him with “the exhibition of a deadly weapon.” However, the Appeals Court said taken as a whole, Chilton’s indictment provided a clear explanation of the charges from which Chilton could prepare his defense. The indictment was not fatally defective because it did not include the phrase “exhibition of a deadly weapon.” Therefore, this issue is without merit.
Chilton asserts that jury instruction S-4 impermissibly commented on the weight of the evidence, was argumentative and deprived him of a fair trial and objective consideration of the evidence by the jury.
However, instruction S-4 instructs the jury that when a defendant makes an overt act and a reasonable person would believe that a deadly weapon is present, there is no requirement that a victim must actually see the deadly weapon.”
Injury instruction S-1A, Chilton argues that it failed to instruct the jury on essential elements of the crime of armed robbery: namely the “exhibition” of a deadly weapon and felonious intent.
Chilton did not object to this instruction at trial; he raised this argument for the first time on appeal. The “failure to object to jury instructions at trial procedurally bars the issue
on appeal.”
Supreme Court justices that voted to deny the appeal denial were Presiding Justices Michael K. Randolph and James W. Kitchens and Associate Justices James D. Maxwell II, Dawn H. Beam, Robert P. Chamberlin and David M. Ishee. Associate Justices Leslie D. King and Josiah D. Coleman voted to grant the appeal hearing. Chief Justice William L. Waller Jr. did not participate.
