The Mississippi Court of Appeals has upheld the conviction of Jerome Davis on an attempted murder charge that was the result of a disagreement over gambling.
The court issued its ruling Tuesday.
An Oktibbeha County circuit court jury convicted Davis in 2023 for shooting Kalvin Young. He was sentenced to 45 years in prison, with 40 to serve and five suspended.
Young and Davis were both at a gathering in a Starkville apartment on July 27, 2021, when they had a disagreement while shooting dice on a pool table, according to court records. After exchanging words during the game, Davis got an AR-15 from his car trunk, returned and shot Young once in the leg.
Davis then left the apartment and drove away. The incident was caught on two cameras at the apartment.
Young was taken to OCH Regional Medical Center before being transferred to Jackson for life-threatening injuries. He was released the following day, according to the appeals court opinion. Davis turned himself in to police the next day.
In his appeal, Davis argued evidence was insufficient to support an attempted murder conviction.
Davis argued there was insufficient evidence to establish beyond a reasonable doubt that he intended to kill Young because “he could have killed Young by continuing to shoot him but instead chose to stop and walk away,” the appeals court opinion said.
Further, he argued that because he shot Young below the waist and he was only in the hospital for 24 hours, he should have been charged instead with aggravated assault.
In its opinion, the court of appeals said the evidence was sufficient for a juror to find that Davis intended to kill Young.
“Davis shot Young with an AR-15 at close range, inflicting life-threatening injuries,” the opinion reads. “Further, the jury in this case had the unusual benefit of watching up-close video footage of the crime. Having watched the video and heard the testimony of both Young and Davis himself, the jury found that Davis intended to kill Young and committed the offense of attempted murder. As an appellate court, we do not second-guess the jury by reweighing the evidence or reassessing witnesses’ credibility.”
A Starkville doctor testified during the trial that there was a high chance Young would have died had he not been transferred to Jackson and was “very lucky to survive,” the appeals court opinion reads.
“The surrounding circumstances, Davis’s own words, and Davis’s use of a high-powered assault rifle to shoot Young at close range were sufficient for the jury to find that Davis intended to kill Young,” the appeals court opinion reads. “Viewing the evidence in the light most favorable to the State, a reasonable juror could rationally find Davis guilty of attempted murder. Therefore, Davis is not entitled to a judgment of acquittal.”
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