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Dumas v. State

Alabama Court of Criminal Appeals

January 10, 2020

Kendrevious Deshaun Dumas
v.
State of Alabama

          Appeal from Lee Circuit Court (CC-18-303)

          MINOR, JUDGE.

         Kendrevious 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 crime-victims-compensation assessment.

         On 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.

         On the evening of April 2, 2017, Dumas shot and killed Tyquavious Jackson on the steps of an apartment complex in Auburn, Alabama.

         According to the statement Dumas gave to police, [1] 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.)

         Dumas 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.

         Dumas 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.

         Dumas 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.

         Also, the State presented the following evidence.

         Both 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.)

         Officers 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 Jackson's body.[2]

         After 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.

         I.

         Dumas 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 ...


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