from Lee Circuit Court (CC-18-303)
Deshaun Dumas was convicted of murder, see §
13A-6-2, Ala. Code 1975. The circuit court sentenced Dumas to
30 years' imprisonment. The circuit court also ordered
him to pay court costs and a $7, 033.65
appeal, Dumas argues that the circuit court erred: (1) by
denying his motion for immunity from prosecution, and (2) by
denying his motion for a judgment of acquittal. For the
reasons stated below, we affirm.
evening of April 2, 2017, Dumas shot and killed Tyquavious
Jackson on the steps of an apartment complex in Auburn,
to the statement Dumas gave to police,  around 7:00 or
8:00 p.m. on April 2, Jackson pointed a gun at Dumas's
head and demanded Dumas's Glock model 23 .40 caliber
handgun. Jackson told Dumas to "give [Jackson]
[Dumas's] Glock" and to "get off the
block" and stated that "if [Jackson] saw [Dumas] on
the block again [Jackson] would kill [Dumas]. (R. 434-35.)
also stated that later that night, he was with Blake Turner,
Makeda Brown, Sharif Buchannon, Oliver "OT" Thomas,
and Demarcus "D" Giddens at Brown's apartment.
Dumas stated that everyone was outside on the balcony when he
saw Jackson approach with his hands behind his back and that
Jackson appeared to be "high" on cocaine. (R. 435.)
Jackson walked up the steps, and Dumas stood up with his
"[Draco] AK pistol" in his hands. (R. 435.) Dumas
stated that "[he] was afraid that [Jackson] was going to
come looking for [him] after [Jackson] robbed me." (R.
436.) Dumas also stated that he saw Jackson holding the
stolen Glock model 23 in his hand as he walked up the steps.
further stated that he asked Jackson to return his gun but
that Jackson did not respond. Dumas stated that Jackson
continued to walk toward him holding the gun down by his
side. Dumas stated: "Then he made a movement like he was
going to pull the gun up. So I just started shooting. I
don't know if [Jackson] shot or not or how many times I
shot. But I just pulled the trigger and blacked out."
(R. 436.) Dumas stated that he then "took off running
and took [his] AK with [him]." (R. 436.) Dumas stated
that the Glock model 23 was still in Jackson's hand when
he stepped over him.
testified in his own defense at trial that "[Jackson]
upped the gun at me. Like he went to reach--like try to shoot
me, and that's when I just blacked out." (R. 581.)
But, on cross-examination, Dumas admitted that "I guess
we shot at the same time, if you could say so." (R.
587.) Dumas admitted: "I don't recall [Jackson]
getting shot. I remember him raising the gun, but after that
I blacked out." (R. 589.) Dumas also admitted that he
fled the scene because he was scared and that he disposed of
his pistol, which was never found.
the State presented the following evidence.
Sharif Buchannon and Blake Turner testified that Dumas told
them that Jackson had robbed him of his Glock model 23
handgun; Buchannon testified that Dumas stated that he was
also robbed of "soft" or cocaine powder and 20
grams of "loud" or marijuana. Both Buchannon and
Turner saw Jackson walk up and Dumas walk to the stairs with
a gun in his hand. Turner overheard Dumas ask, "Where is
my stuff at," before he heard gunshots. (R. 211, 222.)
Turner testified that he never saw a gun in Jackson's
hands. Buchannon, however, testified that he saw Jackson with
his hand behind his back and that it appeared he had a gun.
Buchannon testified that both Dumas and Jackson "went to
raising their gun[s] and shots went off." (R. 360.)
Michael Hayden and John Gaither, both with the Auburn Police
Department, testified that they responded to reports of a
shooting at the Oakley Cove Apartments. Officer Hayden
testified that after he arrived on the scene, he saw Jackson
lying dead on the stairwell from multiple gunshots. Neither
Officer Hayden nor Officer Gaither saw a weapon near
the State's case-in-chief, Dumas moved for a judgment of
acquittal. The circuit court denied the motion. At the close
of all the evidence, Dumas renewed his motion, which was
again denied. As noted above, the jury found Dumas guilty of
murder as charged in the indictment. Dumas appeals.
argues that the circuit court erred by denying his motion for
immunity from prosecution. Specifically, Dumas argues that he
proved by a preponderance of the evidence that Jackson
approached him while Jackson ...